53-05 Colington Cut LLC

Permit Class Permit Number
NEW 53-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission copy
ikrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Colington Cut LLC, PO Box 1327, Nags Head, NC 27959
Authorizing development in Dare County at Colington Cut, off SR 1217, Colington
3 Island , as requested in the permittee's application dated 7/26/04. including
attached workplan drawings (1), dated revised 9/21/04
This permit, issued on April 5. 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Vehicular Access Bridge
I ) Unless specifically altered herein, this permit authorizes only the construction of a 165' long by 30'
wide pile supported bridge, as is expressly and specifically set forth in the permit application and,
depicted on the attached work-plat drawing. Any additional land disturbing activities and/or
construction shall be evaluated on a case-by-case basis by a representative of the Division of Coastal
Management (DCM) to determine additional permit requirements. 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.
J
(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. f
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
CM—less. Jones, Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. Division of Coastal Management f
i
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
4
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal If AZP�e7
Management Program. Signature o ennittee
Y
y.•irrr.+rrr

Colington Cut LLC Permit #53-05
Page 2 of 2
ADDITIONAL CONDITIONS
2) lands or open water areas shall be excavated or filled, even temporarily. Any
JVT"Uffl:el�k excavate or fill an wetlands or open water areas within an Coastal Area
Y P Y
Management Act (CAMA) Area of Environmental Concern (AEC) shall require a modification of
this permit. Any future request to excavate or fill any wetlands or open water areas outside of any
f AEC shall require additional approvals from the N.C. Division of Water Quality and/or the U.S.
Army Corps of Engineers.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
f
Washington Square Mall, Washington, NC 27889.
3) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
4) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
f
Stormwater Nlana!,),ement
f
5) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7040808, which was issued
on 10/21/04. Any violation of the permit approved by the DWQ shall be considered a violation of this
CAMA permit.
General
f
fNOTE: This permit does not eliminate the need to obtain any additional state, federal or local pennits,
' approvals or authorizations that may be required.
f
f
f
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
April 11, 2005
Colington Cut;LLC
P.O.Box 1327
Nags Head,NC 27959
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the 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,
ve �i
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\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT JAN 2 1 2005
FIELD INVESTIGATION REPORT Morehead City DCM
I. APPLICANT'S NAME: Colington Cut, LLC
2. LOCATION OF PROJECT SITE: Colington Road (SR 1217), Colington Cut (Creek), Dare County
Photo Index- 2000: 184-2119 (H-22); 1995: 187-1969 (R-18)
State Plane Coordinates- X. 2976147 Y: 838803; GPS: C102920A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—October 1, 2004
Was Applicant Present—Yes
5. PROCESSING PROCEDURE: Application Received Complete—November 9, 2004
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Coastal Wetlands, Estuarine Waters
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing—none; Planned - none at this time
(F) Type of Structures: Existing—none; Planned— 1-pile supported bridge (165-feet by 30-feet)
(G) Estimated Annual Rate of Erosion: N/A
Source —Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
EXCAVATED FILLED I DISTURBED SHADED
(A) Coastal Wetlands 4,350-sf
B Estuarine Waters 510-sf
(C) Total Area Disturbed (actually shaded): 4,860-sf (0.11-acres)
(D) Primary Nursery Area: No
(E) Water Classification: N/A
8. PROJECT SUMMARY: This project involves the construction of a 30-foot wide by 165-foot long pile supported bridge to
provide vehicular access to the Colington Cut Subdivision in Dare County.

Colington Cut, Dare County
FIELD INVESTIGATION REPORT
Page 2
Project Setting
Colington Cut Subdivision is located on Little Colington Island in Dare County off of Colington Road near the
southeast side of the Colington Cut Bridge.The subdivision is a 97.3-acre tract that has been subdivided into
40 lots.The subdivision is situated between Colington Road, Buzzard's Bay,a man-made canal and Colington
Cut. A man-made ditch is adjacent to Colington Road and the subdivision.
The 97.3-acre subdivision has been subdivided into 40 lots and contains approximately 20.2 acres of upland
area which is primarily located down the center of the subdivision from north to south. This upland area
consists primarily of sandy Fripp soils. US ACE - Section 404 - jurisdictional wetlands and, CAMA -
jurisdictional coastal wetlands are located around almost the entire perimeter of the property.These wetland
areas are underlined with Conaby and Currituck Muck peat and soils. The site is vegetated in a combination of
maritime forest and wetlands,including Quercus virginiana,Pinus taeda,Acerrubrum, Quercus albs,Juniperus
virginiana and Myrica cerifera in the existing upland areas. Wetland areas are located around the entire
perimeter and these areas are vegetated in Spartina patens, Spartina cynosuroides, Juncus roemerianus and
Typha spp., as well as Borrichia frutescens, Baccharis halimifolia, Iva frutescens, Myrica cerifera, Magnolia
virginiana and Salix nigra.
The above referenced man-made ditch between Colington Road and the Subdivision connects to Colington
Cut. It ranges between 10 foot and 16 foot wide and is only inches in depth,and therefore is not considered to
be navigable.The adjacent waters of Colington Cut connect to Kitty Hawk Bay and the Albemarle Sound.The
Coastal Resources Commission (CRC) has designated the waters of the Albemarle Sound as Public Trust
Area and Estuarine Water Areas of Environmental Concern (AEC). In addition, under the designation of the
CRC,the Coastal Shoreline AEC extends 75 feet landward from the NWL in this vicinity.Coastal wetland areas
that receive tidal flooding from estuarine waters have also been designated as Coastal Wetland AEC's by the
CRC. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the
Albemarle Sound as Coastal Waters.
Development Proposal
The purpose of this proposal is to provide vehicular access across a man-made ditch and coastal wetlands to
the upland area and access to Colington Cut Subdivision. Although the total'access-oriented'developmentof
the existing 40 lots will also result in the filling of some US ACE jurisdictional wetland areas, these areas are
located outside of the Estuarine Shoreline AEC, and are not a part of the proposal review.
The proposed bridge structure will be 165 feet long and 30 feet wide.The bridge will tie directly into the existing
Colington Road and will cross over a 16-foot wide ditch within the 165-foot long alignment. The bridge will be
elevated a minimum of 3-feet above the wetland grade and 4.5 feet above the NWL of the ditch.

Colington Cut, Dare County
FIELD INVESTIGATION REPORT JAN 2 1 2005
Page 3
Morehead City DCM
Anticipated Impacts
• The proposed bridge will result in the shading of 510 square feet of Estuarine Waters and 4,350 square
feet of Coastal Wetlands.
• The alignment will not result in the filling of any wetlands, public trust area or estuarine waters.
• The project will result in temporary turbidity of the waters of the man-made ditch associated with the
placement of bridge pilings and land disturbance of the bridge right of way area.
Submitted by: Dennis W. Hawthorn
Date: January 18, 2005

RECEIVED
4
OCT 1 9 2004
APPLICA
3H
BErH�
(To be completed by all appl ants) JAN 2 1 2005
Morehead City DCM
1. APPLICANT c. Street address or secondary road number
Colington Road(no current physical address)
a. Landowner: d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Name Colington Cut, LLC (Attn: Eddie Goodrich)
e. Name of body of water nearest project (e.g. river,
Address P.O. Box 1327 creek, sound,bay)Colington Cut
City Nags Head State NC
Zip 27959 Day Phone[phone] 3. DESCRIPTION AND PLANNED USE
Fax OF PROPOSED PROJECT
b. Authorized Agent: a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Name Ouible &Associates,P.C. excavation and/or filling activities.
Vehicular bridge construction for upland access,residential
Address P.O. Drawer 870 subdivision including approximately 40 residential lots,
access roadway
City Kitty Hawk State NC
Zip 27949 Day Phone [phone] b. Is the proposed activity maintenance of an existing
project, new work, or both? New
Fax [phone]
c. Will the project be for public, private or commercial
use? Private
c. Project name (if any) Colington Cut
d. Give a brief description of purpose, use, methods of
NOTE: Permit will be issued in name of landowner(s),and/or construction and daily operations of proposed project.
project name. If more space is needed, please attach additional
pages. The purpose of bridge construction is to access
2. LOCATION OF PROPOSED privately owned upland acreage that is otherwise not able to
be accessed without filling wetlands and surface water. The
PROJECT bride would cross coastal marsh and an unnamed ditch
connected to Colington Cut
a. County Dare
b. City, town, community or landmark
Little Colington Island
Revised 03/95

Form DCM—MP- 1
t
If yes, has a delineation been conducted? Yes
4. LAND AND WATER (Attach documentation, if available)- see attached USACE
CHARACTERISTICS Notification of Jurisdictional Determination
m. Describe existing wastewater treatment facilities.
a. Size of entire tract--97.3 acres No existing wastewater treatment on the subiect property:
there are future plans for private residential systems
b. Size of individual lot(s) See attached site plan n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
(401ots) wastewater, industrial/commercial effluent, "wash
c. Approximate elevation of tract above MHW or NWL
down" and residential discharges.) Surface runoff
5'NGVD
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
Fripp fine sand,Conaby muck,Cuff ituck mucky peat Public water supply is available
e. Vegetation on tract Ouercus virginiana, pinus taeda,
Acer rubrum, Ouercus alba, Juniperus vir iniana,
Juncus romerianus,Typha sip.,Phragmites austrailis,
Spartina patens 5. ADDITIONAL INFORMATION
f. Man-made features now on tract None In addition to the completed application form, the
following items must be submitted:
g. What is the CAMA Land Use Plan land classification • A copy of the deed (with state application only) or
of the site?(Consult the local land use plan.) other instrument under which the applicant claims title
to the affected properties. If the applicant is not
Conservation X Transitional claiming to be the owner of said property,then forward
Developed Community a copy of the deed or other instrument under which the
Rural Other owner claims title, plus written permission from the
owner to carry out the project.
h. How is the tract zoned by local government?
S-1 Special District • An accurate dated work plat
p (including plan view
and cross-sectional drawings) drawn to scale in black
i. Is the proposed project consistent with the applicable ink on an 8 1/z" by 11" white paper. (Refer to Coastal
zoning? X Yes No Resources Commission Rule 7J.0203 for a detailed
(Attach zoning compliance certificate, if applicable)
description.)
j. Has a professional archaeological assessment been Please note that original drawings are preferred and
done for the tract? Yes X No only high quality copies will be accepted. Blue-line
If yes, by whom? prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
k. Is the project located in a National Registered Historic applicant. (Contact the U.S.Army Corps of Engineers
District or does it involve a National Register listed or regarding that agency's use of larger drawings.) A site
eligible property? or location map is a part of plat requirements and it
Yes X No must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway or
1. Are there wetlands on the site X Yes _No secondary road(SR)numbers, landmarks,and the like.
Coastal (marsh) X Others X
Revised 03/95

Form DCM-MP- 1
'WED
0.,r x
• A Stormwater Certification, if one is necessary. JAN 2 1 2005,�+ �+ OCT1 9 2004
• A list of the names and complete addresseslvt%�hoad vI`' Dv ELIZABETH CITyy
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that 6. CERTIFICATION AND PERMISSION
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal TO ENTER ON LAND
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
I understand that any permit issued in response to this
Name Robert Gamiel , application will allow only the development described in
Address 1681 Colington Road, KDH, NC 27948 the application. The project will be subject to conditions
Phone and restrictions contained in the permit.
Name Irene Clarke I certify that to the best of my knowledge, the proposed
Address 2802 Canton Ave, Chesapeake, VA 23325 activity complies with the State of North Carolina's
Phone approved Coastal Management Program and will be
Name Tanya Crow Tillet conducted in a manner consistent with such program.
Address 9508 Burning Tree Rd.,Bethesda,MD 20817 I certify that I am authorized to grant,and do in fact,grant
Phone permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
Name E A Moore, Sr. connection with evaluating information related to this
Address 2320 Sterling Point Dr,Portsmouth,VA 23703 permit application and follow-up monitoring of the
Phone project.
• A list of previous state or federal permits issued for I further certify that the information provided in this
work on the project tract. Include permit numbers, application is truthful to the best of my knowledge.
permittee, and issuing dates. Zoo 'l
This is the Z(O day of��, t9=--
Print Name Eddie Goodrich J
• A check for$250 made payable to the Department of }}�� �---�,
Environment,Health,and Natural Resources(DEHNR) Signature 1S�-t � — � 2 1.
to cover the costs of processing the application. Landowner or Authorized Agent Or
• A signed AEC hazard notice for projects in Please indicate attachments pertaining to your proposed
oceanfront and inlet areas. project.
• A statement of compliance with the N.C. X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
Environmental Policy Act(N.C.G.S. 113A- 1 to 10) DCM MP-4 Structures Information
If the project involves the expenditure of public funds X DCM MP-5 Bridges and Culverts
or use of public lands, attach a statement documenting DCM MP-6 Marina Development
compliance with the North Carolina Environmental
Policy Act. NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM—MP-2
EXCAVATION 1
RF ''iVeD
OCT 1 9 2004
AND FILL COA! AL AOANAG
(Except bridges and culverts) ELI2ABETHc6
Attach this form to Joint Application for CAMA Major Permit,
Form DCM-MP-1. Be sure to complete all other sections of the NA
Joint Application that relate to this proposed project. 2. DISPOSAL OF EXCAVATED MATERIAL
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet. a. Location of disposal area
Average Final
Existing Project
Length Width Depth Depth b. Dimensions of disposal area
Access
channel c. Do you claim title to disposal area?
(MLW)or(NWL) Yes _No
If no,attach a letter granting permission from the owner.
Canal d. Will a disposal area be available for future maintenance?
Yes _No
If_yes, where?
Boat
basin e. Does the disposal area include any coastal wetlands
(marsh),SAVs or other wetlands?
Yes No
Boat —
ramp f. Does the disposal include any area in the water?
Yes No
Rock
groin
Rock 3. SHORELINE STABILIZATION NA
breakwater
a. Type of shoreline stabilization
Other Areas volume= Bulkhead Riprap
(Roadway1-4= 244
404 wetlad 3,289sq.ft cu yds b. Length
areas) —2 ft of c. Average distance waterward of MHW or NWL
fill
d. Maximum distance waterward of MHW or NWL
1. EXCAVATION NA
e. Shoreline erosion during preceding 12 months
a. Amount of material to be excavated from below MHW or (Source of information)
NWL in cubic yards
b. Type of material to be excavated f. Type of bulkhead or riprap material
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.
wetlands? —Yes —No
d. High ground excavation in cubic yards h. Type of fill material
Revised 03/95

i
Eddie Goodrich
i. Source of fill material Applicant-or Project Name
Signature
Date 1--
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
Form DCM-MP-2
a. Will fill material be brought to site?
X Yes No
If yes,
(1) Amount of material to be placed in the water RF 4 I VE D
NA
(2) Dimensions of fill area Section 404 Areas 1-4:
3,289 sg.ft.Total OCT 1 9 2004
(3) Purpose of fill Necessary fill for road construction
COASTAL NIANAGEAAW
ELIZABETH CITY
b. Will fill material be placed in coastal wetlands(marsh),SAVs
or other wetlands?
X Yes No
Section 404 wetlands(Areas 1-4)
If yes,
(1) Dimensions of fill area Area 1: 2,449 sq.ft., �Q05
Area 2: 411 sq.ft.,Area 3: 299 sq.ft., JAN 2 1
Area 4: 130 sq.ft.
(2) Purpose of fill Necessary fill for road construction Morehead QtV DCM
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled? Silt fence and vegetative stabilization
b. What type of construction equipment will be used(for example,
dragline,backhoe,or hydraulic dredge)?
backhoe,dump trucks, auger
c. Will wetlands be crossed in transporting equipment to project
site? X Yes No
If yes,explain steps that will be taken to lessen environmental
impacts. Bridge construction involves driving pilings into
wetland areas. Temporary disturbance during bridge
construction will minimize wetland impacts compared to
backfilling the wetlands. The bridge will be constructed prior
to road construction so equipment can be transported without
further affecting coastal marsh areas.
Revised 03/95

Form DCM—MP-3
OCTUPLAND
DEVELOPMENT 1 9 2,9rl4
COASTAL 11QANAGEW_W
ELIZABETH CITy
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major in this Maior CAMA application would include
Permit, Form DCM-MP-1. Be sure to complete all other residential house construction and is likely to include
sections of the Joint Application that relate to this road wideniniz within the right-of-way. The future
proposed project. work within AEC areas would be addressed in future
"a. Type and number of buildings, facilities, units or CAMA Permit aolications.
structures proposed No buildings proposed at this h. Projects that require a CAMA Major Development
time. This application is for bridge and road Permit may also require a Stormwater Certification.
construction only. Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
b. Number of lots or parcels 40 If yes, date submitted_being prepared
i. Describe proposed method of sewage disposal.
c. Density(give the number of residential units and the Individual on-site wastewater systems
units per acre) 40 single family residential lots
15,000 sg. ft. minimum lot size
j. Have the facilities described in Item i.above received
state or local approval? No
d. Size of area to be graded,filled or disturbed including (Attach appropriate documentation)
roads,ditches,etc. Total Area of disturbance(bridge
wetlands fill and road= 150,327 sg.ft. (3.45 ac) k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
e. If the proposed project will disturb more than one acre "wash down" and residential discharges).
of land,the Division of Land Resources must receive Surface runoff from paved road surfaces
an erosion and sedimentation control plan at least 30
days before land disturbing activity begins. If
applicable, has a sedimentation and erosion control
plan been submitted to the Division of Land 1. Describe proposed drinking water supply source(e.g.
Resources? Yes X No well, community, public system, etc.)
If yes, date submitted Dare County Water Distribution System
f. List the materials (such as marl,paver stone, asphalt, m. Will water be impounded? Yes X No
or concrete) to be used for paved surfaces. If yes,how many acres?
asphalt
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? N/A
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by Eddie Goodrich
impervious and/or built-upon surfaces, such as ACicant or Project Name
pavement, buildings, rooftops, or to be used for —. �t
vehicular driveways or parking. There is no proposed Signat e
impervious coverage within the 75 ft AEC at this
time. The proposed brideeFuture work not proposed Dat
Revised 03/95

Form DCM-MP-5
I�11WED
BRIDGES ANDoc r , �,
CULVERTS ,1qN 2 1 2005 1Z 8 2on4
Morehead City DCM
�c, 'B�"H C,� ur
Attach this form to Joint Application for CAMA Major Permit, and the ditch does not appear to be navigable except for
Form DCM-MP-1. Be sure to complete all other sections of the canoes, kayaks and similar paddle boats
Joint Application that relate to this proposed project.
1. Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? Yes
x No
1. BRIDGES If yes,explain
a. Public X Private
b. Type of bridge(construction material) m. Will the proposed bridge cross wetlands containing no
wood navigable waters? x Yes No
If yes,explain During on-site meetings with
representatives from DCM the ditch was considered to not
c. Water body to be crossed by bridge have navigable waters, and the maiority of the proposed
UT of Colington Cut bridge is over coastal marsh.
d. Water depth at the proposed crossing at MLW or NWL
1.5 ft
e. Will proposed bridge replace an existing bridge? n. Have you contacted the U.S.Coast Guard concerning their
Yes X No approval?
If yes, Yes X No
(1) Length of existing bridge NA If yes,please provide record of their action.
(2) Width of existing bridge NA
(3) Navigation clearance underneath existing bridge
(4) Will all, or a part of, the existing bridge be
removed?(Explain)
2. CULVERTS NA
f. Will proposed bridge replace an existing culvert(s)? a. Water body in which culvert is to be placed
Yes X No
If yes,
(1) Length of existing culvert b. Number of culverts proposed
(2) Width of existing culvert
(3) Height of the top of the existing culvert above the c. Type of culvert(construction material,style)
MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed?(Explain) d. Will proposed culvert replace an existing bridge?
Yes No
If yes,
g. Length of proposed bridge 175 ft (1) Length of existing bridge
(2) Width of existing bridge
h. Width of proposed bridge 30 ft (3) Navigation clearance underneath existing bridge
(4) Will all, or a part of, the existing bridge be
i. Height of proposed bridge above wetlands removed?(Explain)
3'minimum
j. Will the proposed bridge affect existing water flow?
Yes X No e. Will proposed culvert replace an existing culvert?
If yes,explain Yes No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above the
k. Navigation clearance underneath proposed bridge MHW or NWL
There will be a minimum clearance of 4 ft from MHWL, (4) Will all, or a part of, the existing culvert be
Revised 03/95

Form DCM-MP-5
removed? (Explain) maintenance? Yes No
(5) Does the disposal area include any coastal wetlands
(marsh),SAVs, or other wetlands?
Yes No
f. Length of proposed culvert If yes,give dimensions if different from(2)above.
g. Width of proposed culvert (6) Does the disposal area include any area below the
MHW or NWL? Yes _No
h. Height of the top of the proposed culvert above the MHW If yes, give dimension if different from No. 2
or NWL above.
i. Will the proposed culvert affect existing water flow? e. Will the placement of the proposed bridge or culvert result
Yes No in any fill(other than excavated material described in Item
If yes,explain d.above)to be placed below MHW or NWL? Yes
X No
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
j. Will the proposed culvert affect existing navigation (3) Purpose of fill
potential? Yes No
If yes,explain f. Will the placement of the proposed bridge or culvert result
in any fill(other than excavated material described in Item
d.above)to be placed within: No
Coastal Wetlands SAVs Other Wetlands I
(1) Length of area to be filled
Width of area
3. EXCAVATION AND FILL (3) Purpose of fillto be filled
a. Will the placement of the proposed bridge or culvert g. Will the placement of the proposed bridge or culvert result
require any excavation below the MHW or NWL? in any fill(other than excavated material described in Item
If yes,
Yes X No d.above)to be placed on highground? _Yes X No
If yes,
(1) Length of area to be excavated (1) Length of area to be filled
(2) Width of area to be excavated (2) Width of area to be filled
(3) Depth of area to be excavated (3) Purpose of fill
(4) Amount of material to be excavated in cubic yards
b. Will the placement of the proposed bridge or culvert
require any excavation within:No 4. GENERAL
Coastal Wetlands_SAVs_Other Wetlands
If yes,
(1) Length of area to be excavated a. Will the preoposed project involve any mitigation?
(2) Width of area to be excavated
s No
(3) Amount of material to be excavated in cubic yards If yes,explain in detail Proposed compensatory mitigation
for Section 404 wetland fill is contribution to the NC
c. Will the placement of the proposed bridge or culvert Ecosystem Enhancement Program
require any highground excavation?
Yes x No
If yes, b. Will the proposed project require the relocation of any
(1) Length of area to be excavated existing utility lines? Yes X No
(2) Width of area to be excavated If yes,explain in detail
(3) Amount of material to be excavated in cubic yards
d. If the placement of the bridge or culvert involves any c. Will the proposed project require the construction of any
excavation,please complete the following: NA temporary detour structures?
(1) Location of the spoil disposal area Yes X No
(2) Dimensions of spoil disposal area If yes,explain in detail
(3) Do you claim title to the disposal area?
Yes No d. Will the proposed project require any work channels?
If no, attach a letter granting permission from the _Yes X No
owner. If yes,complete Form DCM-MP-2
(4) Will the disposal area be available for future
Revised 03/95

,Form DCM-MP-S
(e. How will excavated or fill material be kept on site and
erosion controlled? Silt fencing and seeding upon ,
completion of roadway grading(SESCP Plan) RFP FI VED
f. What type of construction equipment will be used (for OCT 1 q 2004
example,dragline,backhoe or hydraulic dredge)? OOASI-AL[ iIANAGEME T
Backhoe, dump trucks,auger ELIZABETH CITY
g. 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.
h. Will the placement of the proposed bridge or culvert �QN .� �05
require any shoreline stabilization?
Yes X No
If yes,explain in detail Morehead City CCM
Eddie Goodrich
Applignt or Project Name
a
Si ature
Date 7
Date
Revised 03/95

U.S. ARMY CORPS OF ENGINEERS !
WTLMTNGTON DTSTRTC;T
Action ID 200411150
County Dare
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: James W.Roberts Jr.
Address: Post Office Box 24042
Chattanooga, TN 37422
Telephone No.:
Size and location of property(waterbody,road name/number, town, etc.) Project site Dositioned at the
southeast corner of Tract A and located at the end of Watersed a Drive on Colinaton Island
adjacent to Colington Creek and Buzzard Bay. Plat 0303264 Provided by Seaboard Surveying&
Planning,wetland survev date 1/29/04
Indicate Which of the Following Apply:
_ There are waters of the U.S. and/or wetlands on the above described property which we strongly suggest should
be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
_ Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more
timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property,Corps staff
will review it,.and, if it is accurate, we strongly recommend that you have the line surveyed for final approval
by the Corps. The Corps will not make a final jurisdictional determination on your property without an
approved survey.
X The waters of the U.S. and/or wetlands on your project area have been delineated and surveyed, and the limits
of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S.,to include wetlands,present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in
the law or our published regulations,this determination may be relied upon for a period not to exceed five years
from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act(CAMA). You should contact the Division of Coastal Management in
Elizabeth City,NC, at(252)264-3901 to determine their requirements
Placement of dredged or fill material in waters of the US and/or wetlands on this property without a
Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33
USC 1311). A permit is not required for work restricted entirely to existing non-wetland area. If you
have any questions regarding this determination and/or the Corps of Engineers regulatory program,please
contact William Wescott at 252-975-1616 extension 25.
Basis For Determination: Area meets the three_parameters specified in the 1987 USAGE Wetland
Delineation Manual and is adjacent to Colin ton Creek which connects to the Albemarle Sound.
Property Owner/Authorized Agent Signature
Corps Regulatory Official
Date 2-12-2004 Expiration Date 2-12-2009
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND S
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM

Office Use Only: Form Version October 2001
20051904
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit O C T 1 3 2005
❑ Section 10 Permit DENR-WATER QUALITY
® 401 Water Quality Certification WETLANDS AND STORMWATER BRANCH
❑ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII—Mitigation), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name:_ Colington Cut LLC Attn: John W. Dixon
Mailing Address: P.O. Box 1327
Nags Head NC 27949
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Quible & Associates P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address:—brubino@q,uible.com
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:_ Colington Cut, LLC
2. T.I.P. Project Number or State Project Number(NCDOT Only):
3. Property Identification Number(Tax PIN): Dare Co Pin#987311773208
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name(include phase/lot number): Carlyle on the Sound
Directions to site (include road numbers, landmarks, etc.): US 158 to Colington Road (SR
1217); travel -3 miles and the site is on the left(south) side of the road adjacent to Colington
Cut at the second bridge
5. Site coordinates, if available(UTM or Lat/Long):36°00'34"N, 75°41'57"W
(Note-If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
The subject property contains wooded non-wetlands and wooded and grassy Section 404
wetlands and coastal wetlands. The non-wetlands consisting of a Fripp sand relict dune
ridge is the location of future Colington Cut subdivision A CAMA Major Permit has been
issued for construction of a bridge over a tidal creek and coastal wetlands within the 75 ft
AEC.
7. Property size(acres): 97.3 acres
8. Nearest body of water(stream/river/sound/ocean/lake):
Colington Cut and Blounts Bay
9. River Basin: Pasguotank
Page 6 of 12

(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: To provide adequate access roadways
designed by NCDOT specifications while allowing all proposed lots to have adequate area
and configurations for single family residential development without additional wetlands fill
11. List the type of equipment to be used to construct the project:
Backhoe, dump truck and other grading_equipment
12. Describe the land use in the vicinity of this project: residential or undeveloped
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation(where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional Determination (Action ID 2003311016) on 9/30/03 NCDWO SWMP
Permit SW040808, NCDCM CAMA Major Permit 53-05
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
A NCDLO SESCP Permit has been applied for and is under review. In the future individual lot
owners will apply for building_permits wastewater treatment system permits and some owners
may apply for CAMA Minor Pemrits for water dependent infrastructure within the estuarine
AEC.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 7 of 12

evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma ) (acres) ( es/no) (linear feet)
Area 1 Fill,Grading 0.055 ac yes 2201f Section 404,freshwater
Area 2 Fill,Grading 0.024 ac yes 1401f Section 404,freshwater
Area 3 Fill,Grading 0.007 ac yes 401f Section 404,freshwater
Area 4 Fill,Grading 0.003 ac yes 6001f Section 404,freshwater
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:mechanized clearing,grading,fill,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage(estimated) of existing wetlands on the property: 43.52 ac.
Total area of wetland impact proposed: 0.089 ac.
2. Stream Impacts, including all intermittent and perennial streams N/A
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma ) (linear feet) Before Impact (please s eci )
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to: culverts and associated rip-rap,
dams(separately list impacts due to both structure and flooding),relocation(include linear feet before and after, and net loss/gain),
stabilization activities(cement wall, rip-rap, crib wall, gabions,etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT(unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mayguest.com,etc.).
Cumulative impacts (linear distance in feet)to all streams on site:
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. N/A
Page 8 of 12

Open Water Impact Area of Type of Waterbody
Name of Waterbod
Site Number Type of Impact* Impact (if applicable) y (lake,pond,estuary,sound,
(indicate on ma ) (acres) bay,ocean,etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed lot configuration allows each lot to be built upon without having to apply for any
additional wetland fill permits. This takes into account required property line building setbacks
as well as setbacks from wetlands. NCDOT requirements for road improvement require the
dimensions depicted on the site plan.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
Page 9 of 12

necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location(attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed mitigation includes payment into the NC EEP at a 2.1 mitigation to fill ratio in
accordance with the 7/22/03 MOA between USACE and NC DOT.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at h!W://h2o.enr.state.nc.us/wy /index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: N/A
Amount of stream mitigation requested(linear feet):
Amount of buffer mitigation requested(square feet):
Amount of Riparian wetland mitigation requested(acres):
Amount of Non-riparian wetland mitigation requested(acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 10 of 12

Yes ❑ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at(919) 733-5083 to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other(please identify-------------____)?
Yes ❑ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration/Enhancement,Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Page 11 of 12

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious coverage. Future impervious coverage including road
construction and 30 percent coverage per lot will not exceed 6.77 acres. This coverage has been
addressed in Stormwater Permit No. SW7040808.
XII. Sewage Disposal(DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On-site septic treatment systems to be permitted and constructed.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No
Is this an after-the-fact permit application?
Yes ❑ No
XIV. Other Circumstances(Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
a/4,,— / ,) '
�.,
Applic Agent's Signature Date
(Ag 's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

01�00/00 12:0OA P.002
Oct-16-2004 10:31am From-GUILUASSOCIATES 2122/11200 7-741 P,002/OOZ F-213
CaIII
W
S
JAN 2 12005
Cohngton Creek,LLC
Morehead City DC1�ags He d. Box 1327
NC 27959
September 30, 2004 Dennis Hawttlorn RECFivE®
NC Div.Of COanal 1Vlartagement
1367 US 17 South OCT i o
Elizabeth City,NC 27909
RE' Colingtett Creek,LLC iOANAGERAENT
ELIZABETH CITY
Major CAMA Perrnitt;ng
Colington Island,Dare County,North Carolina
Colington Creel:,LLC hereby authorizes Quibic&Associates,P,C_to act i1a agent for the above
referent d project[hut raquireS CAIv1A permitting.
Eddie Goodrich
Colington Cut,LLC
Received Oct-15-2004 10:36am From- To-QUIELE&ASSOCIATES Page 002

y
d
F' � v �,
+�
�F

DIVISION OF COASTAL MANAGEMENT t/"j
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Colington Cut, LLC County: Dare
LOCATION OF PROJECT: Colington Road (SR 1217), Little Colington Island Colin ton Cut Creek
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 11/09/04
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: YD
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES JAN 2 1 2005
FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICENWOWM City DCM
DISTRICT MANAGER REVIEW: Ted Sampson, 01/19/05
B) DATE APPLICATION RECEIVED IN RALEIGH: I D FEE REC'D: $4 0
PUBLIC NOTICE REC'D: D END OF NOTICE DATE: D�
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON:
- ���
C) 75 DAY DEADLINE: � ��I d5 150 DAY DEADLINE: , OS
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
Coastal Management- LUP Consistency Z 6/&'� /
Division of Community Assistance Vs c &< +�
Land Quality Section 3r U5
Division of Water Quality
Storm Water Management(DWQ)
State Property Office /� U
Division of Archives &History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)

Permit# �_3—" S
DCM Coordinator:
MAILING DISTRIBUTION:
Z
ermitee:
gent: 6(P- d—AS S aC -70
DCM Field Offices:
Elizabeth City $d✓` �+t�, / r �f 2 7r1 �C7
✓
Morehead City v
Washington
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NP4T)
Raleigh Bland
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Terry Pierces
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: Cyndi Karoly(for non-DO?,,*'
John Hennessy(NCDOT)
Water Resources: John Sutherland✓/
Wildlife Resources: Maria Tripp t
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Pernutee 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

4VMENT
Quible n6 2 0 0 5 1 9 0
4
Quible &Associates, RC, P.O.Drawer870
Kitty Hawk NC 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:[phone]
SINCE 1959 Fax:[phone]
PRINCIPALS
Sean C.Boyle,P.E.
Joseph S.Lassiter,C.E.P.
September 23,2005 ���(i�(� �, Eduardo J.VoIaiweso,P.E.
ASSOCIATES
Joseph J.Anlauf,P.E.
Mr.John R.Dorney 2005 Katherine C.Morchello,P.L.S.
Water Quality Certification Program ()( ( 1 3
NC Division of Water Quality
Raleigh,
Reedy Creek Road LANDS AND
QUALITY ���• ■�®
Raleigh,NC 27607 WETLANDS AND STpRMWATER \qp/
Re: Colington Cut,LLC NU v 0 J 2005
Nationwide#14/401 Water Quality Cert.Permit Application Package p
Dear Mr.Dorney: RNEM
The purpose of this correspondence is for Quible&Associates,P.C.to provide USACE and NCDENR,Division of
Water Quality a Nationwide#14/401 Water Quality Cert.Permit application submitted by our firm on behalf of
Colington Cut,LLC,Attn:John W.Dixon. The site plans accurately show the confirmed wetlands line as well as the
proposed wetlands fill locations necessary for road construction. Already permitted by CAMA Major Permit#53-05
is the bridge over a tidal creek and coastal wetlands,as depicted.
Proposed work includes backfill and grading of approximately 0.089 acres of section 404 wetlands(Areas 1-4)as
shown on the accompanying site plan. This backfill is necessary to provide a roadway access to the proposed lots,
each with an existing minimum of 15,000 square feet of non-wetlands.
A copy of this package has been submitted to US Army Corps of Engineers(USACE).
Enclosed are seven copies of the following:
• I"x 17" Site Plan indicating wetlands and proposed work
• 11"X 17" Overall Site Plan
• Signed copies of the Pre-Construction Application
• USGS topographic location map
• Photocopies of the$200 processing fee check to NCDENR and original check
Thank you for your attention to this information. If you have questions regarding this matter please contact me at
252-261-3300.
Sincerely,
Quible&Associates,P.C.
ilx
Brian Rubino
cc: Tom Steffens,USACE

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,a SLATE o� i
State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Michael F.Easley,Govemor William G. Ross, Jr., Secretary r
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 26, 2005
Colington Cut, LLC
ATTN: Mr. Eddie Goodrich
Post Office Box 1327
Nags Head,North Carolina 27959
RE: Colington Cut Subdivision
Drainage Basin: Pasquotank
Dare County
Dear Sir:
As an agency involved in the Division of Coastal Management's major permit application
review process, we have determined that more than one acre will be disturbed by the activities as
described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion
and sedimentation control plan must be submitted to and approved by this office before development
begins.
The requiring of an erosion and sedimentation control plan is based on a mandatory standard
for land4sqrbing aclh&of the Sedimentation Pollution Control Act of 1973 [NCGS 1 I3A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered,
unless an erosion and sedimentation control plan for the activity is filed with the agency
having jurisdiction and approved.
The plan must be submitted at least thirty(30)days prior to project commencement. The plan
must include, but is not limited to, the following:
1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties
which may be affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc.
g43 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone],FAX [phone]
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J '
Colington Cut, LLC
ATTN: Mr. Eddie Goodrich
January 26, 2005
Page 2
3. Include a brief narrative describing the activities to be undertaken and a construction
schedule.
4. Indicate on the plat the measures to be utilized to prevent sediment from entering
adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas
to be seeded, etc.
5. Include seeding and mulching specifications for both temporary and permanent
stabilization.
6. Include any other pertinent information directed at controlling offsite sedimentation,
slope degradation, and erosion.
Please be advised that the plan will be considered incomplete, and the statutory review period
will not begin, unless a non-refundable plan review processing fee, payable by check or money order
made out to the Department of Environment and Natural Resources, is included. The amount of the
fee is based on$50 for each whole or fractional acre of land to be disturbed (including offsite borrow
or waste areas).
To begin this project without the approval of an erosion/sedimentation control plan will be
considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000
initially plus $5000 per day for each day the project is deemed in violation.
For your convenience,we are enclosing a guideline for developing a plan. If you should have
any questions, feel free to contact me.
Sincerely,
Patrick H. McClain, P.E.
Regional Engineer
PHM:
Enclosures
cc: Doug Huggett, Division of Coastal Management

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
January 25, 2005
Colington Cut, LLC
Attn: Mr. Eddie Goodrich
P.O. Box 1327
Nags Head,NC 27959
Dear Mr. Goodrich:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to construct a 30' x 165' long pile supported bridge to provide
vehicular access to the Colington Cut S/D in Dare County.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make April 08, 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,
Doug Huggett
Major Permits &Consistency Coordinator
cc: DCM, Elizabeth City
DCM,Morehead City
151-B Hwy, 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
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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
MEMORANDUM
TFM
TO: Doug Huggett, DCM Major Permit Coordinator ti
FROM: Charlan Owens, AICP, NE DCM District Planner
JAN 2 6 2005
Through: Ted Sampson, NE DCM District Manager
SUBJECT: Major Permit Request by Colington Cut, LLC to install a 165 foot long;` f i e
pile supported bridge to provide access to 40 residential lots on a 97.3 acre tract
located off Colington Road, Little Colington Island, Dare County.
DATE: January 24, 2005
Consistency Determination: The project proposed is consistent with/not in conflict with the
Dare County 2003 Land Use Plan certified by the CRC on July
24, 2003.
Overview: The project site consists of a 97.3 acre tract with 20.2 acres of upland, and USACOE
Section 404 jurisdictional wetlands and CAMA jurisdictional coastal wetlands located generally
along the site perimeter. The property is situated between Colington Road, Buzzard's Bay, a
man-made canal, and Colington Cut. A man-made ditch is located on-site near the property line
at Colington Road.
Vehicular access from Colington Road across the man-made ditch and coastal wetlands to an
upland area is proposed. A pile supported bridge structure 165 feet long and 30 feet wide tying
directly into Colington Road is to be installed. The bridge will be elevated a minimum of 3 feet
above the wetland grade and 4.5 feet above the Normal Water Level (NWL) of the ditch. The
connection to the upland area will allow access to be provided to the 40 lot subdivision, resulting
in the filling of Section 404 wetlands located outside of the Estuarine Shoreline AEC (Area of
Environmental Concern), which is therefore not part of this review.
The man-made ditch near Colington Road connects to Colington Cut. The ditch ranges
between 10 feet and 16 feet wide and is only inches in depth, therefore it is not navigable. The
waters of Colington Cut connect to Kitty Hawk Bay and the Albemarle Sound and carry the
same water classifications as the Albemarle Sound, which are Public Trust and Estuarine
Waters Areas of Environmental Concern (AECs) and Coastal Waters. In addition, the Coastal
Shoreline AEC extends 75 feet landward from the Normal Water Line (NWL) in this vicinity.
Coastal wetland areas that receive tidal flooding from estuarine waters are designated as
Coastal Wetlands AEC.
Anticipated Impacts resulting from this project are expected to include: the shading of
approximately 4,350 sq. ft. of Coastal Wetlands AEC and 510 sq. ft. of Estuarine Waters 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
due to the bridge location. The project will not result in the filling of any coastal wetlands, public
trust area, or estuarine waters.
Basis for Determination:
The Dare County Land Classification Map identifies the bridge project area as "Limited
Transition". The overall site is classified as "Limited Transition" and "Community". The site is
within Areas of Environmental Concern (AECs) therefore the "Conservation" classification also
applies. The following are LUP policies that may be applicable to this request:
Wetlands: Policy #1, page 54.
"Dare County advocates the use of existing (2002) State and Federal regulatory
programs for protecting and preserving coastal wetland areas of environmental
concern..."
Estuarine Waters/Shoreline: Policy #5, page 56.
"Estuarine Shoreline development should continue to be managed to protect and
preserve the natural resources of the estuarine waters and the estuarine shoreline.
The appropriate tools for this are the existing CAMA permit program and the Areas
of Environmental Concerns (AECs) designated under the CAMA program..."
Development Impacts on Resources:
Policy #18, page 64.
"Development projects shall be designed and constructed to minimize detrimental
impacts on surface water quality, groundwater quality, and air quality. Structures
should be designed to fit the natural topographic conditions and vegetation versus
modifications to natural conditions to accommodate structures."
JAN 2 6 2005
cc: John Thayer, AICP, Manager, CAMA Local Planning and Access ProgMOr@h@aCi City D�,;M
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\ Internet: www.nccoastalmanagement.net
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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
January 19, 2005
MEMORANDUM:
TO: Mr. William A. McNeil, Director JAN 2 4 Zoos
Division of Community Assistance MorQheed C/ty DC
M
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Colington Cut, LLC
Project Location: Colington Road(SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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 — ao—o.F
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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roope%
NCDENR JAN 23
North Carolina Department of Environment and Natural Resourc�' s,
Division of Coastal Management t�2' $ He-,M`/Vr
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 19, 2005
MEMORANDUM: 1;JAN 3 1 2005
TO: Mr. Jim Simons, Director Morehead City DCM
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Colington Cut, LLC
Project Location: Colington Road (SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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
incor2orated lee attached.
/z4!f
This agency objects to the project for reasons described in the attached
comments.
4 SIGNED 2� DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary
January 19, 2005
MEMORANDUM:
TO: Charlan Owens, District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator ;
J
SUBJECT: CAMA/DREDGE & FILL Permit Application R ew JAN 2 6 2005
Applicant: Colington Cut,LLC
Morehead City DCM
Project Location: Colington Road (SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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.
SIG DATE I-Z4--os
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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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
January 19, 2005
MEMORANDUM: El
TO: Mr. Preston P. Pate, Jr., DirectorDivision of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Colington Cut, LLC
Project Location: Colington Road (SR 1217), Little Colington Island, Colington Cut Creekrt)Qr_.e_
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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.
01
SIGNED DATE _ �. 0— a
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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4_141
RCDENR FEB 0 1 2005
North Carolina Department of Environment and Natural Pesourc s
Division of Coastal Management orefiead City DCM
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
January 19, 2005ID
_
Ir
MEMORANDUM: fD
f
TO: Joe Henderson JA N 2 4
NC Department of Administration
DOA
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Colington Cut, LLC
Project Location: Colington Road(SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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 LJPATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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M Vil k —
&2 I�-
NCDENR
North Carolina Department of Environment and Natural Resources
Divisipn of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
ET
X�_,'
. ,
January 19, 2005 $p #-- ' D
JAN 24 2005
MEMORANDUM:
TO: Renee Gledhill-Early r
NC Department of Cultural Resources
FROM: Doug Huggett Mor�h��d City Major Permits Processing Coordinator y DCM
SUBJECT: CAMA/DREDGE & FILL Permit Application Review TaAa CIO
Applicant: Colington Cut, LLC
Project Location: Colington Road(SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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 q� ' 3 -(>6
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
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f
NCDENR JAN 3 1 2005
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Morehead ON DCM
Michael F. Easley,Governor Char 4et f William G. Ross Jr.,S cretary
January 19, 2005 j V
JAN
MEMORANDUM: L_ 0 UY [ e
SHE4.I-FISH SANITATIr"
TO: Patty Fowler i JAN , 20 t�'
NC DENR - Div. Of Environmental Health L
SHELLFISH SANITATION,
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Colington Cut, LLC
Project Location: Colington Road (SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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.
SIGNET lr� /� Fo i P..t F/ fv�✓lt DATE f -,� L�- D>
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

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
January 19, 2005
f F:r
MEMORANDUM: Jq
Al _9
Mr. John R. Dorney
Environmental Biological Supervisor �,'
q j�R�rY
Division of Water Quality BRaCH
FR I J Doug Huggett \� RECEFIVEDMajor Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review MAR 1 0 2005
JiV.OF COASTAL MAI�AGEMENT
Applicant: Colington Cut, LLC NEIGH
Project Location: Colington Road (SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn at(252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the p oject 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
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c� Fie 9420; .
NCDENR �`'28F'yAc FM�N
North Carolina Department of Environment and Natural Resources iry� r
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
January 19, 2005
MEMORANDUM:
UJO
TO: Ken Pace
NC DOT, State Construction/Materials Branch .1 t i.-flead Gi$y DGIVI
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Colington Cut, LLC
Project Location: Colington Road (SR 1217), Little Colington Island, Colington Cut Creek
Proposed Project: Construction of a pile-supported bridge to provide vehicular access
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 9, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Dennis Hawthorn 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 J Z
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
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JAN-19-2005 WED 01 :34 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 02/03
ALT,
NCDENK
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
January 19, 2005
Mr. Brian Rubino
Quible & Associates, PC
P,O, Drawer 870
Kitty Hawk, NC 27949
Dear Brian:
The Division of Coastal Management hereby acknowledges receipt of the application for
Colington Cut, LLC, submitted for State approval for development of property located at
Colington Road in Dare County, It was received complete on November 9, 2004, and appears
to be adequate for processing at this time. The projected deadline for making a decision is
January 23, 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 these 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 from the office of the
Major Permits Coordinator of Morehead City,
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
Oxamples 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.nccoastaimanagement.net
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JAN-19-2005 WED 01 :34 PM DCM-DMF E, CITY FAX NO, 252 264 3723 P. 03/03
Mr. Brian Rubino
January 19, 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,
Dennis W. Hawthorn
Coastal Management Representative
DWH/ybc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC
Colington Cut, LLC, Attn. Eddie Goodrich

A�
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
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator ME Y,,�Zn
THROUGH: Ted Sampson, District Manager PF
JAN 2 1 2005
FROM: Dennis W. Hawthorn, Field Representative
DATE: January 18, 2005 Morehead City DCM
SUBJECT: Colington Cut, Bridge Proposal, Dare County,
CAMA Major Permit Recommendations
This application project involves the construction of a 30-foot wide by 165-foot long pile supported bridge to
provide vehicular access to the Colington Cut Subdivision in Dare County. The proposed bridge structure will
be 165 feet long and 30 feet wide. The bridge will tie directly into the existing Colington Road and will cross
over a 16-foot wide ditch within the 165-foot long alignment. The bridge will be elevated a minimum of 3 feet
above the wetland grade and 4.5 feet above the NWL of the ditch.
The proposed bridge will result in the shading of 510 square feet of Estuarine Waters and 4,350 square feet of
Coastal Wetlands. The alignment will not result in the filling of any wetlands, public trust area or estuarine
waters. The project will result in temporary turbidity of the waters of the man-made ditch associated with the
placement of bridge pilings and land disturbance of the bridge right of way area.
According to standards in the North Carolina Administrative Code, Title 15A, Subchapter Section 07H .0208,
bridge structures are considered water dependent structures,and their use is considered to be suitable so long
as they are consistent with the Management Objectives of Subchapter 07H .0206. These Management
Objectives require that the biological, social, economic and aesthetic values of coastal wetlands be
safeguarded. These structures have also been found to be consistent with the Division's current buffer rules,
7H .0209 (d)(10)(A).
In regard to these findings, I have no objection to the proposed development so long as the following
conditions and Note are incorporated in the subject permit.
1] Prior to the start of construction, the Permittee shall schedule and coordinate a pre-
construction conference, which will include DCM staff. The approved bridge alignment shall
be staked within 30 days prior to the start of construction, and this alignment shall be
consistent with the approved platwork dated June 22, 2004 and revised July 21 and
September 21, 2004.
1367 U.S. 17 South,Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

Doug Huggett
Colington Cut, Bridge Proposal, Dare County,
CAMA Major Permit Recommendations
January 18, 2005
Page 2
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 on the approved platwork dated and referenced in
the above condition, and approved by this permit. No land clearing, excavation or site
disturbance beyond the approved bridge alignment is authorized.
NOTE: Any future development on the permittee's property, other than that work authorized in
this permit, may require modification of this permit or the issuance of a separate CAMA
Permit.
CC Raleigh Bland, US COE

04-04-2005 12:57pm From-QUIBLE&ASSOCIATES 2522611260 T-888 P.002 F-105
Dt,O/WAP.o 1 '04 15:25 P.02
�O�pF W aTF,4QG M;azwl s.>ata,.,cav®
wasdm O.Rq=.ar'spry
tp Nmtb C=*Una Dcyutmeox.of P.n.=oo=19-MW NaUmd Rmaaeds
t� � �W.1C,InarJy P.81l�ccwc
DfvSafvu of W=aQaeltty
DIVISION OF WATER QUALITY
October 21, 2004
Colington Creek, LLC
Attn: Mr. George E. Goodrich
PO Box 1327
Nags Head, NC 27959
subjecc-- stormwater Permit No. SN7040808
Colington Cut subdivision
Low Density Stormwater Project
Dare County
Dear: Mr. Goodrich:
The washingten Reglonal Office received your completed
Stormwater Application for the subject project on October 12, 2004.
Staff rev,xew of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater
Regulations set forth in 'title 15R NCAC 2H.1000. We are forwarding
Permit No. SW7040806 dated October 211 2004 to Colington Creek,
LLC.
This permit ,;zhaii be effective from the date of .issuance until
rescinded and shall be subject to the conditions and l mitation9 as
specified therein_
If any parts, requirements, or limitations contained in thia
permit are unacceptable, you have the right to request an
aaDualearory nearing upon written rcc ua=t within thlrLy 130) dQY3
following recelnt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150n of the North
Carolina General Statutes, and tiled with the Office of
Adminietrativ'e Hearings, P.Q. Drawer 27447, Raleigh, NC 27611-7447-
Unless such demands are made this permit shall he final and
bidding.
Nathca¢�iaaDivieivuoi'VYataQuatrty InRxneC r'2e,em,srdte-navy
9s3 wry sywR Adal1 FAx
W PAX zszsazsa6bas 1 o a
aal�dil�PtC Z78&9 ��z 1 a r<j.��Qyr
An east QW0r WfliW/Affln 4M Aeon E:m NOW-50%KOD) 1WI(M F=1 ColtSMM FapE'r
Received Nov-01-2004 03:52am From-252 948 9215 To-QUIBLECASSOCIATES Pace 002

04-04-2005 12:58pm From-QUIBLE&ASSOCIATES 2522611280 T-888 P.003/010 F-165
DWQ/WAP.O Nov_1 P.VS
_ 'OG- 15�25 --._--
Colington Creek, LLC
October 21, 2004
page Two
If you have any queations, or need additional information
concerning this matter, please contact me at (2S2) 946-6481,
extension 264.
Sincer�lYr
William J_ Moore
Environmental. Engineer
washington Regional Oftics
cc: Quible & Azeociates
Dare County Planning/InspeCtions
washington Regional Office
Central Files
Received Nov-01-2001 03t52pm From-252 US 9215 To-QUIBLEBASSOCIATES Pass 003

04-04-2005 12:58pm From-GUIBLE&ASSOCIATES 2522611260 T-888 P.004/010 F-165
DWQ/WAPO Fax [phone] Nov 1 '04 15:25 P.04
t State Stormw'ater Manageuleat Systems
PPrmt A7o. 3W7040808
STATE OF NORTH CAROLIWA
DEPARTMENT OF ENVIRONIaNT AND NATURAL RESOURCES
DIVISION OF WAITER QUALITY
STATR STORMW TER
LOW DENSITY DEVELOPL4ENT
in accordance w1rh the provisions of Article 21 of chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules. and Regulations
PERMISSION IS MREBY GPANTED TO
Colington Creep, LLC
Dare County
FOR THE
construcLlon, operation and maintenance of strormwater management
systems in compliance with the provisions of • 15,A. NCA,C 2H-1000
(hereafter referred to as the "stormwatez rules") and the approved
storrawater management plans and specifications, and other
supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of thin permit for
grass swales and vegetated buffers to Serve n, NCC.. Cut
subdivision, located off ColingtOD Road in Colingto
This permit shall bA effective from the Bate of issuance until.
rescinded and shall be subject to the following specific conditions
and limitations:
I- DESIGN STANDARDS
1 . The following criteria are approved as meeting the Stormwater
Mules for this project:
a. The total area for this prejeet is 76.8 acres.
b. Total impervious area for this project site is 6.77
acres_
C. Total nvxnber of lots is 40-
d. Allowable bu41t-upon area must be consistent with
proposed restrictions submitted in the application by the
permittee.
s
Received Nov-01-2004 CIUS2Pm From-252 946 g215 To-QUIBLUASSOCIATAS Pace 00A

04-04-2005 12:58pm From-QUIBLE&ASSOCIATES 2522611260 T-888 P.005/010 F-165
DWQ/WFIP,0 Fax!252-94G-9215 Nov 1 04 15 26 P.05
2- The overall tract built--upon area percentage or lot sizes for
the project must be maintained at levels at least as
stringent as the low density levels specified in the
stormwater rules.
3 . The development mtist demonstrate that no areas within the
project site are of such high density that stormwater runoff
threatens water quality.
4 . Approved plans and specifications for projects covered by this
permit are incorporated by reference and are enforceable parts
of the permit.
5_ The only runoff conveyance systems allowed will be vegetated
conveyances such as swales with minimum side slopes of 3:1
(H:v) or curb outlet systems as defined in the stormwater
rules and approved by the Division-
6. No piping shall be allowed except:
a_ That minimum amount necessary to direcr runoff beneath an
impervious surface such as a toad
b. That minimum amount needed for driveway access to lets.
7. Projects covered by this permit will maintain a minimum 30 '
foot wide vegetative buffer between all impervious areas and
surface waters . In addlzion, protects in the Neuse and Tar-
Pamlico River Basins must comply with the Riparian Buffer
Rules .
8 . No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division_
9. DAed restrictions are incorporated into this permit by
reference and must be recorded with the Office of Register of
Deeds. A copy of the r43G4rded muost ha received
by this office within 30 days of the date of recording.
Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a_ A statement of the allowable built-upon area per lot in
the following form:
"The allowable built-upon area shall not exceed the
square feet shown in the attached table, inclusive of
that portion of the right-of-way between the front lot
11rie and the edge of the pavement, structures, pavement,
walkways of brick, stone, slate, not including wood
dockiszg. " ¢
Received Nov-01-2004 03.52pm From-252 948 9216 To-GUISLUASSOCIATES Page 005

04-04-2005 12:58pm From-QUIBLE&ASSOCIATES 2522611260 T-888 P.006/010 F-165
DWQfWAP,O Fax;252-946-9215 Nov 1 '04 15'26 P.06
Pago 1 of 2 pp-�
f RECOWL)
COLINGTON CUT suBnI"siON
OCT 12 2004
TABLE 1 -Allowahle Built-upon Area Spr Lot D y Q-WA O
�•Sail F1 ry a hna4, .js;t-u'$7 a,.r r>���++�.�, �. y, ,i. 1'• "3 � .t� a' M •�'p"
7'•pl 'S�d ra\�i,iwu.f.IIM..lhr��Y! ry�.f•<^. �"�qcS` - p' R
1 75,203 28,721 8,616
2 51,610 24,1S0 7,254
3 20,697 15,000 4,500
4 41,$37 17,500 5,250
5 53,865 15,000 4,500
6 50,999 13,794 4,738
7 39,011 15,098 4,529
8 38,418 15,734 4,720
9 40,288 15,551 4,665
10 35,953 16,490 4,947
11 35,971 15,134 4,540
12 49,420 15,163 4,549
13 50,726 15,353 4,605
14 49,096 15,664 4-699
15 60,770 15,016 4,504
16 47,288 16,681 5,004
17 45,518 18,986 5,690
18 44,431 21,400 6,420
19 42,425 19,700 5,910
20 36,197 15,773 4,732
21 72,259 23,251 6,975
Received Nov-01-2004 OS-52pm From-252 04b A215 To-DUIBLEB,ASSOCIAT&5 page 006

04-04-2005 12:59pm From-OUIBLE&ASSOCIATES 2522611260 T-888 P.007/010 F-165
DWa/WAP.0 946-9215 No 1 'C4 15:26, _P-07
.,.. .._.... ., Fax� .. , -------
= 22 44,912 20,536 6,161
23 35,479 20,026 6,008
24 36,274 16,169 4,851
25 37,278 15,004 4,501
26 36,309 15,545 4,6"
27 54,059 15,614 4,684
28 169,365 28,988 9,696
29 1,031,550 57,801 17,340
30 152.040 21,919 6,575
31 35,886 15,141 4,542
32 29,242 15.170 4,551
33 11,392 17,198 5,159
34 15,875 15,875 4,763
35 19,343 18,343 5,503
36 33,403 17,995 5,396
1 37 28,933 16,100 4,830
313 20,685 16,771 5,031
39 16.664 16,664 4,999
40 18,432 18,437- 5,530
Colington Cut
,Page 2 Of 2
Received Nov-01-200d 03a52pm From-732 W 0215 To-o1116LE&AsSpCIATEs Paige 007

04-04-2005 12:59Pm From-QUIBLE&ASSOCIATES 2522611260 T-888 P.008/010 F-165
DWQfWAP.0 --.--Fax�252-9%16=4215 __.._. Mop _1 '04 15:27 P-0.9
b. Items related to stormwater management must remain In the
deed restriction., and this is to be indicated by
including the following: "The covenants pertaining to
stormwater regulations may not be changed or delsted
without concurrence of the State. "
c_ To assure that vegetated conveyances are not piped (in
accordance with item 5) deed restrictions must indicate
that: "Filling in or piping of any vegetative
conveyances (ditches, Swale$, etc_ ) ,associated with the
development except for average driveway crossings, is
strictly prohibited by any persons . "
10. The Engineer/owner/Developer/Permittee must certify in writing
that the project's stormwater Controls, and impervious
surfaces have been constructed wirhin substantial intent of
tin-e approved plans anc0. specifications_
11. The following items will require a modification to the permit:
a. Any revision to the approved plane, regardless of size
b. Project name change
C. Change oT ownerstlp
d. Redesign or addition to the approved amount of built-upon
area
e. Further subdivision of the project area.
Tn addition, the Director may determine that other
revisions to the project should require a modification to
the permit_
:2. The Director may notify the permittee, when the perm,i.tted site
does .not meet one or more of the minimum requirements of the
permit . Within the time frame cspecified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
cerLificaLlon in, writing to txie Director czzat the changes nave
been made.
II, SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for
consrruczion and maintenance oC the Low Density option
sto=water systems
5
i
Roaoivod Nov-01-2004 0312em From-252 048 0211 T"UIBLEiASSOCIATES ! Pita 001

04-04-2005 12:59pm From-QUIBLE&ASSOCIATES 2522611260 T-888 P.009/010 F-165
Fax:[phone] Nov1 104 15;21 P.U9
DL /WARQ.. ___.,. .._. —
i a. Swales and other vegetated conveyarLces shall be
constructed in their entirety, vegetated, and be
operational for their intended use prior to the
construction of any built-upon surface except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the swales or other vegetated
conveyazsces will be repaired immediately.
2. The permittee shall at all times provide the operation and
maintenance necessary to operate the permitted stormwater
management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal
C. Mowing, axid revegetating oT the side slopes
d. immediate repair of eroded areas
e_ maintenance or side slopes in accordance with approved
plazas and specifications.
3. The permittee shall submit recorded deed restrictions limiting
built-upon area per lot in accordance with Part I, item 9,
within 30 days of the date of recording.
4. The PermirrQe shall, submit the Engineer/Owner/Designer/
Permittee Certification in accordance with Part T, item 10,
within 30 days of completion of the project.
S. The permittee shall submit all information requested by the
Director or his representative within the time frame specified
In the written information request.
III. GENERAL CONDITION$
1. Failure to abide by the conditions and limitatJons Contained
iii this permit May subject the Permittee to an enforcement
action by the Division of water Quality, in accordance with
No7run Carolina eeneral statutes 1437-215.dA to 143-215.6C_
2_ The permit issued shall continue in force and affect until
revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated
for cause. The filina 'af a request for a permit modification,
revocation and 7reissuance, or terLination does not stay any
permit condition-
Received Nov-01-2004 0302pm From-252 948 9215 To-QUISLUASSOCIATES Page 009

04-04-2005 01 :00pm From-QUIBLE&ASSOCIATESS (� ((�� (� 7J 2522611260 T-888 P.010/010 F-165
DWC,/ AP.O _.. Fax:[phone]L1 _-.-_ IVUV
4 . The issuance of this permit daes not prohibit the Director
from reopening and modifying the permit, revoking land
reissuing the permit, or tarminating the permit as allowed by
the laws, rules and regulations contained in Title 15A of the
North Carolina Administrative Code, 51;bUhapter 2F3.1000; and
North Carolina General Statute 143-215_1 et-al .
5. The permittee shall submit to the Director and shall have
reCe).ved approval for revised plaits, specifications, and
calculations prior to construction, for those revisions under
any of the following coziditions:
a. Any additions, deletions or rede$ign of the previously
permitted amount of built-,upon area proposed regardless
of the size of the modification.
h_ Further subdivision of the project area.
6. The permit is not transferable to any person except after
notice to and approval by the Director. The Director may
require modificatioxr. or revocatJ.on and reissuance of the
Permit to change the name and incorporate suCh Other
requizaaents as may be necessary. A Pormai permit request
MU.SZ be submitted Zo the Division of Water Quality accompanied
by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be
appropriate. The approval of this request will be considered
on its merits, and may or may nat be approved.
7. The issuance of this Ferran does not preclude the PQ=!ttQQ
`rom Complying with any and all statute$, rules, recgvl.atiozis,
or ordinances which may be unposed by other gover=ent
agencies (local, state and federal) which have jurisdiction.
permit issued this the 21 st day of October, 2004 .
NORTH CARDLINA F RON E.NTAL MANAro&DZNT 0014MISSION
Alan W. K im , P.E- , D1rectox
Division of Water Quality
ny authority o(f the Environmental Management Comznissioz�
pert t Number SW7040BOU
7
Received Nov-01-2004 08c52pm From-Z52 041 HIS To-QU16LUASSOCIATES PnYe 010

MAJOR PERMIT FEE MATRI
Applicant: Collington Cut, LLC JAN 21 2005
Selection Development Type Fee DCM % MO head (P►CM
(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
Ej 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
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

QUIBLE & ASSOCIATES, PC 6371
P.O.DRAWER 870 PH.252-261-3300
KITTY HAWK,NC 27949
PAY Jn ^
_ DATE- 66-679-531
TO THE
ORDER OF
vyu.a„w
DOLLARS B
FOR � l 4 MCL, a i' �!7
__ Nr
11000006371114 1:0 5 3 105 7991: C39290S1211•
4

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 11FED
TO: The Coastland Times R1
BAN 2005
Manteo, NC 27954
FROM: Yvonne Carver Morehead City DCM
Administrative Assistant
DATE: January 19, 2005
SUBJECT: Public Notice — Colington Cut, LLC
Please publish the attached Notice in the Sunday, January 23, 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
cc: Doug Huggett, Major Permits Coordinator, DCM
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 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 November 9,
2004. According to said application, Colington Cut, LLC proposes to construct a pile-
supported bridge to provide vehicular access to a Colington Cut Subdivision in Dare
County.
A copy of the entire application may be examined or copied at the office of Dennis
Hawthorn, 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,
Hestron Plaza 11, 151-B Hwy 24, Morehead City, NC 28557, prior to February 12, 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: Sunday, January 23, 2005

4
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
January 19, 2005P9 �I
i J
JAN 2 1 2005
Mr. Brian Rubino Morehead City DCM
Quible & Associates, PC
P.O. Drawer 870
Kitty Hawk, NC 27949
Dear Brian:
The Division of Coastal Management hereby acknowledges receipt of the application for
Colington Cut, LLC, submitted for State approval for development of property located at
Colington Road in Dare County. It was received complete on November 9, 2004, and appears
to be adequate for processing at this time. The projected deadline for making a decision is
January 23, 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 these 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 from the office of the
Major Permits Coordinator of Morehead City.
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

v
Mr. Brian Rubino
January 19, 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,
Dennis W. Hawthorn
Coastal Management Representative
DWH/ybc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC
Colington Cut, LLC, Attn: Eddie Goodrich

R$JAN
2 12005 r i
Morehead City DCM No I 1 (000 1
AMA E MIT
APPLIED FOR
PROJECT: - C N S 7-6 C,t 3 3— F,� o T" v� I De- Y /to S- Fro LJN G
0C 1( D t`? l T) G- C- (,S ! C.C_ Tt F10/ R t c T. y -i- sal T-C) r�l
EX(STIrJCr Co i, r� ANC A
r T-c-fA (A t T-N-r 1� l S- Fo T A 1-1 i'N -r--, 3t � 117 G c
COMMENTS ACCEPTED THROUGH ��
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
'_-De flNis H4R 0 -rt+ a p, Al
. 3ox l3z7 T / c� '7 V\ 1 1 -7 SJ -14
Z 4 3 e-- 4 c IT-( nl U
2s �. - y`( � "g8'`t� � as2 - 2Cy - 39o1

ENDER: . . . . . . SENDER: . .N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Si ture ■ Complete items 1,2,and 3.Also complete A. Si natri
item 4 if Restricted Delivery is desired, X I / D 9 en item 4 if Restricted Delivery is desired. ❑ gent
■ Print your name and address on the reverse V (�`-�[i�A r s ■ Print your name and address on the reverse X ddresse
so that we can return the card to you. eived b Print a e C. D e of ive so that we can return the card to you.
■ Attach this card to the back of the mailpiece, y B. Received xb ,�(Prin Nam C. ate Delive.
p ■ Attach this card to the back of the mailpiece, /� / , &
or on the front if space permits. or on the front if space permits. f'`
D. Is delivery address different from item 1? Yes D. Is delivery address different from item 1? Yes
/017
1. Article Addressed to: If YES,enter deliveryaddress below: ❑ No 1• Article Addressed to:
� If YES,enter delivery address below: No
-►- r e>-t �le�c-K f� f n
��� C�r►�`Mom' ; ��o ���rl;� �c��n�- flr
3. Service Type j <PQr- ,- ,mou A� 3. Service Type
Certified Mail ❑a Express Mail c�J p H=ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise (�� /�J ❑ Registered ❑ Return Receipt for Merchandis
❑ Insured Mail ❑C.O.D. ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes j 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number I
(Transfer from service 7003 2260 0004 0 212 1778 I 2. Article Number
(Transfer from service label) 7003 2260 0004 0 212 1785
3S Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035! PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1t
I
4
;ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 'q 1 SENDER: COMPLETE THIS SECTION i COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sign ore ■ Complete items 1,2,and 3.Also complete
item 4 if Restricted Delivery is desired. ❑Agent item 4 if Restricted Delivery is desired. X ' ❑Agent
■ Print our name and address on the reverse ❑Address
■ Print your name and address on the reverse X � ❑Addressee Y
so that we can return the card to you. so that we can return the card to you. B. eceiv by(Printed Name) C. D f De
liv
Y B eceived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece,
■ Attach this card to the back of the mailpiece, /
or on the front if space permits. �"'� �v or on the front if space permits.
D. Is delivery address different from Rem 1? ❑Yes D. Is delivery address different from item ? ❑ s
1..Article Addressed to: 1. Article Addressed to: If YES,enter delivery address below: ❑ No
If YES,enter delivery address below: ❑ No
Jill, ?r04 1 �i��,� r ~,��i fee
K I it DCV 1 11 1 ws r >'V� 3. Service Type ���1 r)eSC�G v� ( 3. erviceType
(� Certified Mail ❑ Express Mail Certified Mail ❑ Express Mail
Jq y Registered ❑ Return Receipt for Merchandise Registered ❑ Return Receipt for Merchandl
❑ Insured Mail ❑C.O.D. El Insured Mail ❑C.O.D.
icied Delivery? Extra Fee) ❑Yes
4. Restricted Delivery?(Extra Fee) ❑y� .-,�--
2. Article Number 2. Article Number 7 0 4 0 212 lr7 9 2
(Transfer from service label) 7003 2260 0004 0 212 1761 (transfer from service label)
-IS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035' PS Form 3811,August 2001 stic Return Receipt 102595-02-M-
JAN 2
Morehead City OCM

Quible
Quible &Associates, P.C, P.O.Drawer870
Kitty Hawk NC 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:[phone]
SINCE 1969 Pax:252-261-1260
PRINCIPALS
Sean C.Boyle,P.E.
Joseph S.Lo iter,C.E.P.
Eduardo J.ValdMeso,P.E.
July 26,2004 ASSOCIATES
Joseph J.Anlaut P.E.
Katherine C.Morchello,P.L.S.
Robert Gamiel David S.Neff
1691 Col ingtm Read,
Kill Devil Hills,NC 27948
RE: Major CAMA Permitting,Colington Cut Property
Little Colington Island,.Dare County,_North Carolina
Mr. Gamiel:
As adjacent riparian property owner to the proposed bridge and road construction project known as Colington Cut,
you are required by NCDENR,Divmm of Coastal Management(DCM)to be notified of the proposed development
within the Area of Environmental Concern(AEC)that requires Major CAMA Permitting. As depicted on the
accompanying site plan,the proposed bridge is necessary to access the buildable uplands on the tract.
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.Tony 7aharias, 1367 US 17 South,Elizabeth City,NC 27909- Written comments must be
received within 30 days of receiDtt 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
I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed comments
Signature Date
s

Quible
Quible &Associates, P.C.
P.O.Drawer 870
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Iatty Hawk NC 27949
Phone:[phone]
SINCE 1959 Fax:[phone]
PRINCIPALS
Sean C.Boyle.P.E.
a
TED:
Joseph 5.Lassiter,C.E.P.
Zuardo J.ValdMeso,P.E.
July 26,2004 19 ASSOCIATES
Joseph J.Anlauf,P.E.
Tine C.Marchello,P.L.S.
Irene Clarke JA N 2 Z ZOOS David S.Neff
2902 Canton Ave.
Chesapeake,VA 23325
Morehead City DCM
RE: Major CAMA Permitting,Colington Cut Property
Little Colington Island,Dare County,North Carolina
Ms.Clarke:
As adjacent riparian property owner to the proposed bridge and road construction project known as Colington Cut,
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 CAMA Permitting. As depicted on the
accompanying site plan,the proposed bridge is necessary to access the buildable uplands on the tract.
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.Tony Z,aharias, 1367 US 17 South,Elizabeth City,NC 27909. Written comments must he
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,
QWble and Associates,F.E.
Z. R-'e `
Brian Rubino
I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in Generat Statatn 113-229,.
I have objections to the project as presently proposed and have enclosed comments
Signature Date

Quible
Quible &Associates, P.C, P.O.Drawer870
ENGINEERING-ENVIRONMENTAL SCIENCES-PLANNING-SURVEYING IOtty Hawk,NC 27949
Phone:[phone]
SINCE 1959 Fax:[phone]
PRINCIPALS
Sean C.Boyle.P.E.
Joseph S.Lassiter,C.E.P.
Eduardo J.VdIdMeso,P.E.
July 26,2004 ASSOCIATES
Joseph J.AniOUt P.E.
Katherine C.Morchello,P.L.S.
EA Moore, Sr. Dowd S.Neff
23-24 Sterling Point Dr.
Portsmouth,VA 23703
RE: Major CAMA Permitting,Colington Cut Property
Little Colington Island,Dare County,North Carolina
Mr.Moore:
As adjacent riparian property owner to the proposed bridge and road construction project known as Colington Cut,
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 CAMA Permitting. As depicted on the
accouipanyiag site plan,the proposed bridge is necessary to access the buildable uplands on the tract_
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.,PG 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,Atta,Mr:Tony Zaharias, 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,F.E.
Brian Rubino
I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in General Statute 1113-22�.
I have objections to the project as presently proposed and have enclosed comments
Signature Date
s

Quible
Quible &Associates, P.C.
P.O.Drawer 870
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Idtty Hawk NC 27949
SINCE 1959
11F
Phone:252-261- 0
� Fax:[phone]
EDPRINCIPALS
Sean C.Boyle,P.E.
Joseph S.Lassiter,C.E.P.
July 26,2004
JAN 2 12005 EduardoJ.Voldivieso,P.E.
ASSOCIATEs
Joseph J.Anlauf,P.E.
erine C.Marchelio,P.L.S.
Tanya Crow Tillet Morehead City DC DavldS.Neff
95"B yg Tree Road
Bethesda,MD 20817
RE: Major CAMA Permitting,Colington Cut Property
Little Colington Island,Dare County,North Carolina
Ms. Tillet:
As adjacent ripanm property owner to the proposed bridge and road construction project known as Colington Cut,
You are required by NCDENR,Division of Coastal Management(DCM)toy be notified of the proposed developmeal
within the Area of Environmental Concern(AEC)that requires Major CAMA Permitting. As depicted on the
accompanying site plan,the proposed bridge is necessary to access the buildable uplands on the tract.
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.,PE?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
Attu:Mr,Tony Zaharias, 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.
LZL , Y�--
Brian Rubino
I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in Creneral Statute-113-229.
I have objections to the project as presently proposed and have enclosed comments
Signature Date
s

Filed Book: 1545 Page: 196 Doc Id: 6124286
02/08/2004 02:33PM Receipt #: 103457
Doc Code: DEED NO Excise Tax pd: $2000.00
BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NO
6124286
IIIIII IIIII IIII IIIIIII IIIII IIIII IIIIII III IIIII III)IN 02g/06122 04 02:33PM
• .: T r.r
REAL ESTATE
TRANSFER TAX
?ARE
COUNTY
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 2,000.00 L`T`t� 6 3 S— O �— 4 1 Q COI X)
Parcel Identifier No.018782-000 Verified by County on the day of 120
By:
Mail/Box to: JOHN G. GAW, JR., 5121 N. CROATAN HWY.: P. O. BOX 1890, KITTY HAWK,NC 27949
This instrument was prepared by: JOHN G. GAW, JR., 5121 N. CROATAN HWY., P. O. BOX 1890, KITTY HAWK,NC
Brief description for the Index: M&B ON COLINGTON ROAD.
THIS DEED made this 21 st day of October , 20 03 ,by and between
GRANTOR ��qEE
JAMES W.ROBERTS, JR.. and wife, COLINGTON CREEK, LLC'
NANCY S. ROBERTS P. O.BOX 1327
THOMAS J. ROBERTS(a/k/a Thomas S. Roberts) NAGS HEAD,NC 27959
and wife,FRAN C.ROBERTS,- ROBERT F.ROBERTS
and wife,ANNELIESE M.ROBERTS
SUSAN B.ROBERTS REED(a/k/a Susan B.Roberts
Read) and husband,A. CRENSHAW REED, JR.
i he designation' Grantor and,Grantee as used hezein shall mcllude said parties;their heirs,successgrs,and assigns,and shall include
singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has
and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated
in the City of KILL DEVIL HILLS ATLANTIC Township, DARE County,North Carolina and
more particularly described as follows:
SEE EXHIBIT"A"ATTACHED HERETO FOR LEGAL DESCRIPTION AND INCORPOR.1kTED HEREIN BY
REFERENCE.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 3 06 page 730
A map showing the above described property is recorded in Plat Book_ N/A page N/A
NC Bar Association Form No. L-3 © 1976,Revised© 1977,2002
Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation, 333 E. Six Forks Rd.,Raleigh,NC 27609

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee y '
in%b simple.
And the Grantor covenants with the-Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in
fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever,other than the following exceplions: Restrictions, easements and rights of way of
co rerdd and public service utility easements. Ad valorem taxes subsequenf to the year 2003.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
(SEAL)
(Entity Name) j A W. ROBERT
By: ✓�c�s- L, (SEAL)
Title: A CY S. ROBERTSQI-9
By: L( � (SEAL)
Title:
BY: � (SEAL).
PRA
Title: 1
TENNESS
State of 9 �t�P> -County of UAW 5 V,cm-
I the undersigned Notary Public of the County and State aforesaid, certify that JAM �`:t Ei , °�a�t�wife,
NANCY S.ROBERTS personally appeazed',leforelffi clauda dged
the due execution of the f regobeg instrument for 0the purposes therein expressed. Witness myhan aII �1 this
day f 203
• ;; ((fir�,,,.,
My Commission Expires:_ i1,xo1p!1
N Public
State of North Carolina-County of
I,the undersigned Notary Public of the County and State aforesaid,certify that personally
came before me this day and acknowledged that -he is the of
, a North Carolina or corporation/limited liability company/general
partnershipllimited partnership(strike through the inapplicable),and that by authority duly given and as the act of such entity, he
signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this
day of , 20—.
My Commission Expires:
Notary Public
TENNESSE
State of I)d44V44¢r6W-County of
L the undersigned Notary Public of the County and State aforesaid,certify that THOMAS s
FRAN C. ROBERTS personally appeared before me this day and a ,
execution of the foregoing instrument for the purposes therein esR#3'-�
Witness my hand and Notarial stamp or seal,this day of October .2CO3 �u}'
_
My Commission Expires:6-�1"-Zo0tYP
No Public
The foregoing Certificate(s)of re aNd C- i PX
is/are certified to be correct. This ins and this certificate are duly registered a e date and time and mi tho k andPage shown
on the first page hereof.
u Pvi.cre of Deeds for _ �� County
Deputy/fit-Regis of Deeds
NC Bar Association Form No. L-3 C9 i y�v,Revised© 1 ,7,2002
Printed by Agreement with the NC Bar Association- 1981 SoftPro Corporation,333 E. Six Forks Rd.,Raleigh,NC 27609
111111111111111111 IN gz/6?22 04 02:33PM

r
2
J
(SEAL)
ROBERT F. ROBERTS
[a�!�?do;A (SEAL)
ANNELIESE M. ROBERTS
je:a�.'t- A-- (SEAL)
SUSAN B. ROBERTS REED
�JZCti SEAL
A. CRENSHAW REED, JR.
STATE OF +
COUNTY OF
a Notary Public of ��— County, State of
do hereby certify that ROBERT F. ROBERTS AND,:WIFE)
A NE ESE M. ROBERTS personally appeared before me this day and acknowledged_the,
due execution of the foregoing instrument. w
Witness my hand and notarial seal, this day of OCTOBER, 2003. :�
otary Public - 4 �
M Commission Expires: `` f` '�./• "
&124k� y j•• ... .. /
STATE OF
COUNTY OF
I, /,c�414 ���, a Notary Public of County, State of
do hereby certify that SUSAN B.R BERTS REED AND HUSBAND,
A. CRE SHAW REED, JR. personally appeared before me this day and acknowledged the
due execution of the foregoing instrument. 6t4gmba�—
Witness my hand and notarial seal, this day of 9IFi4WE 2003.
ry Public °'°° A ;'q`.•,;;
M Commission Expires: .
fb9av31 arms IPCL
6124286
�'iZwcf�i •...•. ' 1-
IIIIII IIIII III)IIIIIII(IIII IIIII IIIIII III IIIII IIII IIII Page:/6/22 04 02:33PM

1
NORTH CAROLINA
DARE COUNTY
The foregoing certificate(s) of,
('e ,- 11 is/are ertified to be correct.
This instrument and this certificate are duly egistered at the date and time and in the book
and pa a shown herein.
M. GRAY Register of Deeds for Dare County
Assistant/Deputy-Register of Deeds
6124286
IIIIII I'lll II�i III'lll IIII'IIII 111111111 Hill 1111 IN 02Pace/06/2 04 02:33PM

` EXHIBIT "A"
(deed description James Roberts, et als to Colington Creek, LLC)
BEGINNING at the Northeast corner of the tract herein conveyed, same being the
Southwest corner of the J. C. O'Neal tract; thence South 79 degrees 30 minutes East 300
feet to a concrete post; the Northeast corner of the Emma Meekins tract; thence South 31
degrees East 234 feet along said Emma Meekins tract to a concrete post; thence South 60
degrees 45 minutes East 502 feet along said Emma Meekins line to a concrete post;
thence South 90 degrees East 576 feet to a post, being the Southeast comer of the Emma
Meekins tract, and the Northwest corner of the Crank tract; thence South 21 degrees 15
minutes East 559 feet along said Crank tract to a stake; thence South 7 degrees 20
minutes East 262 feet along said Crank tract to a stake; thence South 16 degrees West
642 feet along said Crank tract; thence South 30 degrees 30 minutes East 902 feet along
said Crank tract to a stake; thence North 70 degrees East 642 feet along said Crank line to
a stake on Collington Creek; thence South 26 degrees East 100 feet along said Creek;
thence South 11 degrees East 792 feet along said Creek; thence South 0 degrees 30
minutes East 410 feet along said creek; thence South 24 degrees 30 minutes East 350 feet
along said Creek; thence South 2 degrees West 168 feet along said Creek to a stake, the
Northeast corner of the James M. Vannote tract; thence North 80 degrees 45 minutes
West 350 feet along the North line of the said Vannote tract; thence North 77 degrees 883
feet along Buzzard Bay to a stake; then South 71 degrees West 993 feet along Buzzard
Bay to a stake on the Boat Canal; thence North 1 degree 30 minutes East 1,554 feet along
said canal to a stake; thence North 31 degrees 30 minutes West 436 feet along said canal
to a stake; thence North 65 degrees West 236 feet along Collington Creek to a stake;
thence North 32 degrees West 121 feet along said Creek; thence North 17 degrees West
983 feet along said Creek to a stake; thence North 26 degrees West 502 feet along said
Creek; thence North 1 degree East 443 feet to a stake along said Creek; thence North 31
degrees 30 minutes East 300 feet along Collington Bay to a place of beginning,
containing 136.4 acres.
It being the same property described in a Deed recorded in Deed Book 306, page 730,
Dare County Public Registry, N.C.
Save and excepting therefrom all properties condemned and"taken"by the NC
Department of Transportation and the County of Dare.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 6124286
1111 IN 0Page: 52 08/20A 07.AIOM

Mztj 25 2006 2: 48PM Wheless & Wheless (252) 796-5501 P
ftled WAN: 1073 ftga: 408
621jeo'-AG 14:449M .06 01 : 14alm
we C A! WORY
m any. 19616TIR or DEEDS DMR 00, "C
7 4?r7-11
1 all oil III loll IIIIII III III III III IN .1
IN OV16 U
,2W
1AY 2 'a TOL
Prepared by ar j Return to:
Johr G. Gaw,Jr., Attorney EXEMPT
-�MENT
Post Of Box 1890 D ADZ COUNTY TAX CITY
Kitty Howk, NC 27949
NOXTH CAROLINA
36bNDARYAGREFAIENT
JARE COUNTY Y,
THIS BOUNDARY AGA&-��- ;;siade this 15'M day of 'Fe-braqr�)
2006,by and between C%JNQjT%CAEK LLC,,&North Cardma Limited Liability
Company,and DARE CO V�0 ibody politic atiil,ptslitf al subdivision of the State of
North Carolina; ii
w I T NJI
:E
THjowmaAs,the parties:-hftx%0e the owners of adjoining land situated in
county,Nonh Caro" -jLnd
:
Wim".the land of Colington"Crwk,LLC,was described in and conveyed
b d that certain deed recorded in Book 1545,Page 196,in the Dare County Registry;and
WHWAS,the I&M of Dam County was described in and conveyed by that
Ve main deed recorded in Book 95,Page 312, and Book 95,Page 314,in the Dare County
R tgistry-and
WHEREAS, some question has arisen concerning the dividing line and boundary
between the properties of the parties hcmw,and
WHEREAS,it is the desire of the parties hereto to definitely fix and establish the
boundary line between their said properties as fturther shown"delineated on the plo
entitled"Colington Creek,LLC,and County of Dare,"the Roberts Tract,Colington,
Atlantic Township,Dare County,North Carolina,surveyed November 19,2003,and
prepared by Seaboard Surveying and Planning,Inc.
NOW TUEREFORF,Colington Creek,LLC,and Dan County in consideration
of the premises and the mum of One Dollar(S1.00)each to the other in hand paid,the
receipt and sufficiency of which is hereby acknowledged,do hereby covenant and agree
that the boundary line between their said properties which are located in Atlantic
Township,Dare County,North Carolina,shall be as follows:
BEGINNING at a point located within the right of way of SR 1217,(said point
being designated Point"A")on that certain map or plat titled"Col4Wton Creek
LLC and County of Darn, The Roberts Tract,Colington, Atlantic Township,Dare
County,North Qunlir�"prepared by Seaboard Surveying and Planning, Inc.,and
surveyed November 19,2003,to which reference is made for a more particular
description of the boundary line ber6n described,said beginning point also being

Mrs 25 2006 2: 48PM Wheless & Wheless (252) 796-5501 p• �
Hill 111111 g621 AI se a .6P
located on a line south 56 degrees 57 minutes 13 seconds west 363,12 feet from
an existing PK nail and washer located in Cohngton Road(SR 1217)at station
0+02.03(Colington Cut Drive);thence running from said beg awing point thus
established south 22 degrees 45 minutes 15 seconds east 988.0r'feet to a point
(said point being designated Pont"B");thence turning and rurmog north 67
degrees 14 minutes 45 seoanda east 190.00 fact to a point(said point being
designated Point"C");thence turning and rwtn ng south 22 degrees =5 minutes 15
seconds east 200.00 feet to a point(said point:being,designated Point ',) );thence
turning and running south 67 degrees 14 mtintt66:4`S.seconds west 190.00 feet to a
point(said point being designated Point'V),tbeiiot running south 22 degrees 45
minutes 15 seconds east 678.00 fxet;iotol 4Qin1(Sild point being designated Pont
"F•);and the southern tenninusti#'tlte'U;;c.�N ir►described. Said boundary line
agreed by and between the partied bet!ctc being designated by the letters"A,""B,"
"C,""D.""E,'and"F,"asslethrdm*the aforementioned plat. Said plat recorded
in Plat Cabinet , slislE , Dare County Registry.
It is mutually undetgod4 d"agis6d by and be ten the patties hereto that the
lines hrreinabovc fixed. ds1� 1h6`biw¢►daries bet""ja t tF lands of the parties hereto,
and the Colington C k; ;,�hereby 8�ar `iba)gaiq-bell,and convey in bee simple,
urrta Dare Cow}t�t rfs: `f rs and assi �:t11 tht°t7ght,title, and interest it may have
a'o .
in and to tl e°1iYr, lotuated to the Wet 0.146`l 6)eercioabove described to have and to
4.
bald ti>S:si- a Fn!(e`e simple forever,and 1d9re County does hereby grant,bargain,sell,
and conve imfee simple,unto ColingtMtreek,LLC,its successors and assigns,all t`
right,title and interest it may have in and to the land situated to the east of the ante
hereinabove described to have and to hold the same in fee simple forever.
IN WITNESS WHEREOF,Dare County has executed this boundary agreewt:it
and the same has been signed by the appropriate County official pursuant to the authority
of a duly adopted resolution of its Board of Commissioners and Colington Creek,LLC,
has caused this instrument to be signed by its managing members in its name and on its
behalf the day and year first above written.
County Of Dare
By. (SEAL
" Chairman,Board of Commissioners
B�
1�
Jerk
NORTH CAROLINA
DARE COUNTY
I, 0P0 0— cc �e ,,a__/Notary Public for said County
and State,do hereby certify that c)� 4t, VU/1�1 personally
came before me this day and acknowledged that Wshe is the Chairman of the County of

Mai 25 2.006 2: 48PM Wheless L Wheless ( 252 ) 796-5501 p. 4
IIIII III Iflll I�III�IVI Rin HIII UI Nib I��� 0?�92006 "P
Dare Board of Commissioners,and acknowledged on behalf of the County of Dare Board
of Commissioners the due execution of the foregoing instrument.
Witnew my hand and official oourial stamp or seml,this the day of
2006.
': {SEAVSTAW) .....:..'.: .•
My Commission Expires. .E' :,�i.3i
!!`
!i.t•! '!_ Qr
.'ColJngtOnC�r1C.•I-4L ..............
VkVP:°:Dhf04'Member er
:S•`io
STATE Ol,gbjTH CAROLINA' ''__:,• ;,,
COUNTY OF DARE -�
I. jam ctv7_a'_. ,a Notary Public for said
County and State,do bereby certify JOHN W.DIXON,Manager of cohngton Crock,
LLC,a North Carolina Limited Liability Company,personally appeared before me this
day and acknowledged the due a mcutiou of the foregoing iminiment on behalf of the
company.
Witness my hand and official notarial stamp or seal this the iL6ay of
February,2006,
NIlic
My Copuni non n Expires: {SEAIJSTAMP}
Colin Creek, C
By- {SEAL}
Geo .Goodrich, /[ ru ger
STATE OF NORTH CAROLINA

May 25 2000 2: 48PM Wheless a Wheless (252) 79G-5501 P. 5
Colington Creek,LLC
By:
(SEAL)
4G, geZoOodricManZager
STATE OF NORTH CAROLINA :j'i`'; 'j,• ;
COUNTY OF DARE
1 �y� �. �� i :'Y_ :"'.,`•' ,a Notary Public for said County and
State,do hereby certify GEfl G1r rj bO DRICH,Manager of Cclington Creek,LLC,a
North Carolina Limitpc [:ialii�Ry Cothpany,persoriza7y appeared before me this day and
aclmcwledged ft iL ,eiiScytio,of the foregbing.irLitrumtfit on behalf of the company.
(�N► day of
Witgcds`ay}atld end official no�aza1 stiff br seal this the_j __
Febrrty4
*oblic
My Commission Expires: (SEAL/STAMP}
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