97-03 Bay Manor Condo unit Owners

4V
Permit Class Permit Number
NEW 97-03
STATE OF NORTH CAR NA
Department of Environment and N t es u e
and
Coastal Resources Corn LV
AUG 112003 VL� tib�r_ .. A
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 Bay Manor Condo Unit Owners,c/o Jeff Passott,Clear Water Ventures,LLC,PO Box 300 Grandy,NC 27927
Authorizing development in Dare County at adj. Albemarle Sound, 1728 Bay Dr., Kill
Devil Hills , as requested in the permittee's application dated 3/20/03 (MP-1&3) &
revised 4/16/03 (MP-2), including attached workplan drawings (2), 1 dated received 4/21/03 & 1 dated 6/20/03.
This permit, issued on July 17,2003 , 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.
Retaining Wall
1) The alignment of the permitted retaining wall must be approved by representatives of the Division of Coastal
Management prior to the start of any construction. The alignment of the retaining wall shall be as depicted on the
attached workplan drawing dated 6/20/03.
2) The Permittee shall preserve and maintain all remaining areas of Department of the Army jurisdictional wetlands
on the property, as surveyed on the attached plat titled BAY MANOR CONDO UNIT OWNERS, prepared by
Seaboard Surveying, as revised on June 20, 2003. The Permittee is prohibited from performing any of the
following activities on the property: Filling; grading; excavating; earth movement of any kind; construction of
roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the
property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any
garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely
impacted or destroyed.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. v
a D. Moffitt,Director
Any maintenance work or project modification not covered Division Of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

i
Bay Manor Condos Permit#97-03
Page 2 of 3
ADDITIONAL CONDITIONS
3) Prior to beginning work authorized by this permit, the permittee shall execute and cause to be recorded a
conservation easement prohibiting those activities listed in condition 2 of this permit. The holder of this
easement shall be approved by the Corps of Engineers prior to recordation of the easement. The
permittee shall provide the U.S. Army Corps of Engineers and the Division of Coasta!,Mariagement, a
copy of the recorded easement within 60 days of the recordation of the easement. The permittee shall
take no action inconsistent with the terms and purpose of the conservation easement on the property
described therein.
4) No fill material will be placed, at any time, in any vegetated wetlands outside of the alignment of the fill
area indicated on the revised workplan drawing dated 06/20/03.
5) No fill material may be placed below normal water level.
6) The retaining wall must be constructed prior to any backfilling activities.
7) The retaining wall must be structurally tight so as to prevent seepage of backfill materials through the
structure.
8) The retaining wall must be solid and constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except for that
which may be required for the construction of the retaining wall, deadmen, and tie back cables. This
permit does not authorize any excavation waterward of the approved alignment.
9) The backfill material will be clean and free of any pollutants except in trace quantities.
10) All backfill material will be obtained from a high ground source and confined behind the permitted
bulkhead.
11) No development or land disturbing activity shall take place within 30 feet of normal water level.
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
13) 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, sand fence, etc.).
14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

t
Bay Manor Condos Permit#97-03
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 030530), which was issued on 6/2/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310536.

Amri�.�AWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 21, 2003
Bay Manor Condo Unit Owners
c/o Jeff Passott
Clear Water Ventures,LLC
P.O. Box 300
Grandy,NC 27927
Dear Mr.Passott:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS I I3A-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 would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
el+y��,
Douglas V.Huggett '
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAMES: Bay Manor Condos
2. LOCATION OF PROJECT SITE: The physical address of the property is 1728 Bay Drive, in Kill Devil Hills,
Dare County. The lot is located on the west side of the road adjacent to Albemarle Sound.
Photo Index-2000: Not Available 1995: N/A 1989: 1 46-22 V7 1984: 136-480 H7
State Plane Coordinates - X: 2 078 725 Y: 840 550
3. INVESTIGATION TYPE: CAMA/Dredge& Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- April 15, 2003
Was Applicant Present- No (discussed off-site)
5. PROCESSING PROCEDURE: Application Received Complete—April 21, 2003
Office- Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan-Dare County
Land Classification From LUP - Conservation
(B) AEC(s)Involved: Coastal Shoreline- ES
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment:Existing- Septic
Planned—No Change
(F) Type of Structures: Existing—Duplex, Pier, boathouse, and gazebo
Planned—New Bulkhead
(G) Estimated Annual Rate of Erosion: 6"
Source-Application
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A)Vegetated Wetlands:
(B)Non-Vegetated Wetlands: 3,105sf
Shallow Bottom/Estuarine Water
[(_C7her: High Ground 4,866sf
(D) Total Area Disturbed: 7,971 square feet(.182 acres)
(E) Primary Nursery Area:No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant Bay Manor Condo Unit Owners, proposes to construct a 101' retaining wall
approximately 46' landward of normal water level. The placement of the retaining wall will result in the filling of
approximately 3,105sf of delineated Section 404 Wetlands, of which 960sf will be within the Estuarine Shoreline
Area of Environmental Concern, and 4,866sf of high ground. The property is more specifically located at 1728 Bay
Drive, in Kill Devil Hills,Dare County.

f
t
Bay Manor Condo
Field Report
Page 2
PROJECT SITE
The property is located on the west side of Bay drive, approximately 300' south of Third Street,
adjacent to Kitty Hawk Bay, in Kill Devil Hills, Dare County. The physical address of the property is
1728 Bay Drive. Bay Manor Condos is a three-story pile supported structure situated on two lot (lots 22
and 23) in Croatan Shores Subdivision. The property consists of approximately 28,377sf with 12,735sf of
mixed Coastal and Section 404 Wetlands, and 15,642sf are high ground. Vegetation on the property
includes a variety of ornamentals, domestic grasses, salt meadow cord grass(Spartina patens), big cord
grass (Spartina cynosuroides), black needle rush (Juncus roemerianzts), loblolly pine (Pinus taeda), and
poison ivy (Rhus toxicodendron). Coastal Wetlands on the property has been damaged by cutting,
burning and heavy equipment over the past year. A total assessment of damage from human impacts
cannot be determined at this time; however,there is evidence of the wetland's re-emergence. Section 404
Wetlands on the site extend approximately 62' landward from NWL along the northern property line and
228' landward along the southern property line. A smaller 529sf pocket is located approximately 82'
landward of NWL along the northern property line.
The shoreline along the property is a sandy muck with a predominately flat profile. The adjacent
water is shallow with emerging submerged aquatic vegetation. The property owner recently constructed a
new pier, platform, gazebo, and boathouse. There are no erosion control structures on the shoreline and
erosion is minimal. There has been a slight increase in erosion since the Coastal Wetland vegetation was
cut. A CAMA Major permit was issued to Nicholas Bakopoulas three lots (100')north of the applicant's
property. Adjacent lots to the north and south are vacant residential lots. The lot to the north has a
recently constructed retaining wall located landward of normal water level (NWL)and a Coastal Wetland
fringe and the lot to the south has no erosion control structures.
According to the Flood Insurance Rate Map for the area, the property is located in an AE(9)
Flood Zone. Kitty Hawk Bay is classified as joint waters by agreement between the Marine Fisheries
Commission and the Wildlife Resource Commission. The Division of Environmental Management's
water quality classification for Kitty Hawk Bay is SC (fish propagation). Additional review indicates that
there are no known geological formations associated with the applicant's property. There is one
identified archeological site within a half mile of the applicant's property(DR56).
PROJECT DISCRIPTION
The applicant proposes the following activities:
1) According to the application the owner proposes to construct a 99' bulkhead to stabilize the
adjacent shoreline. The bulkhead would tie into an existing retaining wall on the adjacent
property to the north, with a 90.5' return wall.on the south side of the property. The proposed
wall would be constructed approximately 59' landward of NWL on the north side and 142'
landward of NWL on the south side. No Coastal Wetlands are proposed to be filled in association
with the proposed bulkhead. The height of the bulkhead would be 2'-0" above the wetland
substrate and taper back to high ground.

Bay Manor Condo
Field Report
Page 3
2) The applicant proposes to fill 3,105sf of delineated Section 404 wetlands,of which approximately
960sf of the fill will be within the Estuarine Shoreline area of Environmental Concern (AEC).
The applicant also proposes to fill 4,866sf of high ground. An is estimated 410 cubic yards of
dirt fill will be placed on the property, and of that 230 cubic yards will be placed over Section 404
wetland and 180 cubic yards will be placed over high ground.
ANTICIPATED IMPACT
• If permitted, approximately 3,105sf of delineated Section 404 Wetlands will be converted to high
ground, of which, 960sf will be within the Estuarine Shoreline Area of Environmental Concern
(AEC).
• If permitted approximately 4,866sf of high ground will be elevated with sand fill.
Submitted By: Lynn Mathis
Date: April 21, 2003

CAMA MAJOR NARRATIVE By:Kendall Turna 'VE®
Bay Manor Condo Unit Owners
1728 Bay Drive MAR 2 � Zoo3
Kill Devil Hills,NC
CCJAE�,rAL IZABETH GIETYENT
Applicant:Bay Manor Condo Unit Owners Association Agent: Environmental Professionals,Inc.
C/O Jeff Passot, Clear Water Ventures PO Box 3368
PO Box 300 Kill Devil Hills,NC 27948
Grandy,NC 27927 252-441-0239
252-717-2740
Parcel: Lots 22 and 23 Croatan Shores Subdivision(recorded recombination)
1728 Bay Drive
Kill Devil Hills,NC 27948
PROPOSED ACTIVITIES
• Construct 99 feet long wooden bulkhead
Construct 90.5 feet wooden return wall along south property line.
• Place backfill in a total 3,105.4 sq. ft of in 404 wetlands(clean sandy fill)
The applicant's property exists as a 3-story duplex housing unit adjacent to Colington Creek/Kitty Hawk
Bay in the Town of Kill Devil Hills. The physical address is 1728 Bay Drive and is zoned RL(Residential-
Low Density).The parcel comprises of lots 22 and 23 of Croatan Shores subdivision. A total of 15,642
square feet of uplands and 10,159 square feet of wetlands exist on the parcel. A wooden pier extends
waterward from the middle and lies on the property line of parcels 22 and 23.
This project will consist of construction of a 99 foot long bulkhead, 90.5 foot return wall and associated
bulkhead backfill in 3105.4 sq.ft of 404 wetlands to stabilize the shoreline at the subject parcel. The
proposed bulkhead alignment will tie into the existing bulkhead at the northern property line,continue
south to the property line and a return wall will run east-northeast back to the upland area. This bulkhead
alignment will and backfill will result in the filling of 3,105.4 square feet of 404 jurisdictional wetlands,
partially within the 75'AEC. No fill activities will occur below the normal water level or within the 30
feet shoreline buffer. The top of the bulkhead will have an elevation of approximately two and a half feet
above normal water level in hopes to maintain adequate stormwater drainage of parcels to the east,and to
match the existing bulkhead to the north.

Form DCM-MP-1
APPLICATION
RECEIVED
(To be completed by all applicants) MAR 2 4 2nn?
COASTAL MANAGEMENT
ELIZABETH CITY
c. Street address or secondary road number
1. APPLICANT 1728 Bay Drive
d. Is proposed work within city limits or planning
a. Landowner: jurisdiction? X Yes No
Name; Bay Manor Condo Unit Owners
C/O Attn. Jeff Passott, Clear Water Ventures,LLC e. Name of body of water nearest project (e.g. river,
Address PO Box 300 creek, sound,bay) Colington Creek/Kitty Hawk Bay
City Grandy State NC
Zip 27927 Day Phone [phone] 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Fax
b. Authorized Agent: a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Name Environmental Professionals,Inc. excavation and/or filling activities.
Construct a 99 ft. wooden bulkhead, 90.5 ft. wooden
return wall and associated backfill in 3,105.4 sq. ft. in
Address P.O. Box 3368 404 wetlands.
City Kill Devil Hills State NC
Zip 27948 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) Bay Manor Condo Unit
Owners d. Give a brief description of purpose,use,methods of
construction and daily operations of proposed project.
NOTE: Permit will be issued in name of landowner(s), and/or If more space is needed, please attach additional
project name. pages.SEE ATTACHED NARRATIVE FOR FULL DETAILS
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City,town,community or landmark
Kill Devil Hills

Form DCM-MP-1
APPLICATION PFCEIVED
MAR 2 4 2nn.�
(To be completed by all applicants) COASTAL MANAGEMENT
FLIZABETH CITY
If yes,has delineation been conducted? Yes
4. LAND AND WATER (Attach documentation,ifavailable)Documentation ATTACHED
CHARACTERISTICS
in. Describe existing wastewater treatment facilities.
a. Size of entire tract 25,801 SF Individual Septic System
b. Size of individual lot(s) Recorded recombination of
LOT 22 and LOT 23
n. Describe location and type of discharges to waters of
c. Approximate elevation of tract above MHW or NWL the state. (For example, surface runoff, sanitary
0-4 feet wastewater, industrial/commercial effluent, "wash
d. Soil type(s)and texture(s)of tract down" and residential discharges.) surface runoff
Duckston fine sand
e. Vegetation on tract Prunus seratina, Myrica cerifera,
Martina patens Juncus sp. pha�mites australis o. Describe existing drinking water supply source.
Dare County water system
f. Man-made features now on tract Duplex Residence
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan) 5. ADDITIONAL INFORMATION
Conservation Transitional
Developed X Community In addition to the completed application form, the
Rural Other following items must be submitted:
h. How is the tract zoned by local government?
Residential (RL) • A copy of the deed (with state application only) or
other instrument under which the applicant claims title
i. Is the proposed project consistent with the applicable to the affected properties. If the applicant is not
zoning? X Yes No claiming to be the owner of said property,then forward
(Attach zoning compliance certificate,if applicable) a copy of the deed or other instrument under which the
owner claims title, plus written permission from the
J. Has a professional archaeological assessment been owner to carry out the project.
done for the tract? Yes X No
If yes,by whom? • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
k. Is the project located in a National Registered ink on an 8 1/2" by 11" white paper. (Refer to Coastal
Historic District or does it involve a National Register Resources Commission Rule 7J.0203 for a detailed
listed or eligible property? description.)
Yes X No
Please note that original drawings are preferred and
1. Are there wetlands on the site? X Yes —No only high quality copies will be accepted. Blue-line
Coastal(marsh) X Other 404 wetlands prints or other larger plats are acceptable only if an

Form DCM-MP-1 LIAR 2.4 20n'
C04STAL
MANAGEMENT
adequate number of quality copies are provided by compliance with the North Carolina Environmental
applicant. (Contact the U.S. Army Corps of Engineers Policy Act.
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel 6. CERTIFICATION AND PERMISSION
unfamiliar with the area to the site. Include highway or
secondary road(SR)numbers, landmarks,and the like. TO ENTER ON LAND
•A Stormwater Certification, if one is necessary. I understand that any pen-nit issued in response to this
•A list of the names and complete addresses of the application will allow only the development described in
the application. The project will be subject to conditions
adjacent waterfront (riparian) landowners and and restrictions contained in the permit.
signed return receipts as proof that such owners
have received a copy of the application and plats by I certify that to the best of my knowledge, the proposed
certified mail. Such landowners must be advised that activity complies with the State of North Carolina's
they have 30 days in which to submit comments on the approved Coastal Management Program and will be
proposed project to the Division of Coastal
conducted in a manner consistent with such program.
Management. Upon signing this form, the applicant
further certifies that such notice has been provided. I certify that I am authorized to grant, and do in fact, grant
Name Bgy Drive Assoc. Attn. William Dunn permission to representatives of state and federal review
Address 4801 Capri Terrace, Kitty Hawk,NC agencies to enter on the aforementioned lands in
Phone connection with evaluating information related to this
permit application and follow-up monitoring of the
Name Douglas and Dorothy Hevener project.
Address 1720 Bay Dr., Kill Devil Hills,NC 27948
Phone [phone] I further certify that the information provided in this
application is truthful to the best of my knowledge.
Name
Address
Phone This the 20th day of March,2003.
• A list of previous state or federal permits issued for Print Name Kendall Turna e A ent
work on the project tract. Include permit numbers,
permittee, and issuing dates. Signature
Landowner or Authorized Agent
CAMA General Permit #32733A
Please indicate attachments pertaining to your proposed
project.
• A check for $400 made payable to the Department of
Environment, Health, and Natural Resources X DCM MP-2 Excavation and Fill Information
(DEHNR) to cover the costs of processing the X DCM MP-3 Upland Development
application. _ DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
• A signed AEC hazard notice for projects in DCM MP-6 Marina Development
oceanfront and inlet areas. NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting

t
Form DCM-MP-2
EXCAVATION , CIFIVED
APR 2 1. inr-
C;OASTfkL t-PANAUEM--NT
AND FILL F.UZ.AEF H CITY
(Except bridges and culverts)
Attach this form to Joint Application for CAMA 1. EXCAVATION N/A
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application a. Amount of material to be excavated from below
that relate to this proposed project. MHW or NWL in cubic yards N/A
Describe below the purpose of proposed excavation b. Type of material to be excavated N/A
or fill activities. All values to be given in feet.
Average Final c. Does the area to be excavated include coastal
Existing Project wetlands? Yes X No N/A
Length Width Depth Depth
Access d. Highground excavation in cubic yards N/A
channel
(MLV) or N/A -------- -------- -------
(NWL) 2. DISPOSAL OF EXCAVATED
Canal MATERIAL N/A
N/A -------- -------- --------
a. Location of disposal area N/A
Boat
basin N/A -------- -------
b. Dimensions of disposal area N/A
Boat
ramp N/A -------- -------
------- c. Do you claim title to disposal area?
Yes No N/A
Rock If no, attach a letter granting permission from the
groin N/A -------- ------- ------- owner.
d. Will a disposal area be available for future
Rock (rip rap) maintenance? Yes No N/A
breakwater N/A -------- ------- ------- yes,es where N/A
Other—(Excluding'866 sq ft
shoreline rr 1.5 feet 2.5 feet
stabilization) l odd shaped
UPLAND FILL 21 JOS'SE t
1K1���D
Revised 03/95

Form DCM-MP-2
X Yes No
e. Does the disposal area include any coastal If yes,
wetlands(marsh), SAVs or other wetlands? N/A (1) Amount of material to be placed in the
Yes X No Water None
(2) Dimensions of fill area
f. Does the disposal include any area in the water? Total of 3,105.4 SF in 404 wetlands
Yes X No N/A (3) Purpose of fill Bulkhead Backfill and
3. SHORELINE STABILIZATION Site grading
b. Will fill material be placed in coastal wetlands
a. Type of shoreline stabilization (marsh), SAVs or other wetlands?
X Bulkhead Riprap X Yes (Coastal and 404 wetlands) _ No
b. Length 99 feet with a 90.5 ft return wall 5. GENERAL
c. Average distance waterward of MHW or NWL
N/A Landward of NWL a. How will excavated fill material be kept on site
and erosion controlled?
d. Maximum distance waterward of MHW or NWL No excavation on site
N/A Landward of NWL b. What type of construction equipment will be
used (for example, dragline, backhoe, or
e. Shoreline erosion during preceding 12 months hydraulic dredge)?
0.5 ft. Dump truck and front end loader
(Source of Applicant
information)
c. Will wetlands be crossed in transporting
f. Type of bulkhead or riprap material Equipment ? Yes X No
Treated wood bulkhead If yes, explain steps that will be taken to lessen
Environmental impacts.
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill None-- Landward of NWL
h. Type of fill material clean sand Bay Manor Condo Unit Owners
Applicant or project N e
Signature
I. Source of fill material: Permitted quarry y
Date
4. OTHER FILL ACTIVITIES RECEIVED
(Excluding Shoreline Stabilization)
:ERR � , ,,,
a. Will fill material be brought to site? CUA1911=- fOAPNAGFMENT"
E LAZABETH CITY
Revised 03/95

PF-CEIVED
LIAR 2 4: W3
Form DCM-MP-3
COASTAL.IVtHNAGEMENT
F.I.IZABFTM CITY
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Environmental Management for review?
Permit, Yes X No
Form DCM-MP-1. Be sure to complete all other sections of If yes,date submitted N/A
the Joint Application that relate to this proposed project.
i. Describe proposed method of sewage disposal.
a. Type and number of buildings,facilities,units or Existing on site sewage system
structures proposed
Wooden bulkhead and return wall see MP-2 j. Have the facilities described in Item i. above received
state or local approval? Existing system
b. Number of lots or parcels 2-Croatan Shores Subdivision (Attach appropriate documentation)
Lots 22 and 23, recorded recombination
k. Describe location and type of proposed discharges to
c. Density(give the number of residential units and the units waters of the state(for example, surface runoff, sanitary
per acre) 1 existing duplex unit on 25,801 sq. ft. wastewater, industrial/commercial effluent, "wash down"
and residential discharges).
d. Size of area to be graded,filled or disturbed including No new proposed discharges
roads,ditches, etc. 0.08ac.
1. Describe proposed drinking water supply source
e. If the proposed project will disturb more than one acre of (e.g. well, community, public system,etc.)
land,the Division of Land Resources must receive an public system, Dare County
erosion and sedimentation control plan at least 30 days
before land disturbing activity begins. If applicable,has a in. Will water be impounded? _ Yes X No
sedimentation and erosion control plan been submitted to If yes,how many acres? N/A
the Division of Land Resources? _ Yes X No
If Yes,date submitted N/A n. If the project is an oceanfront development,when was the
lot(s) platted and recorded? N/A
f. List the materials(such as marl,paver stone, asphalt, or
or concrete)to be used for paved surfaces. Bay Manor Condo Unit Owners
No paved surfaces proposed Applicant or Project Name
-e✓+-
g. Give the percentage of the tract within 75 feet of MHW or Sign ture
NWL,or within 575 feet in the case of an Outstanding 3 63
Resource Water,to be covered by impervious and/or built- Date
upon surfaces, such as pavement,buildings, rooftops, or to
be used for vehicular driveways or parking. None
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification. Has a
site development plan been submitted to the Division of

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Wetland
Flag 2A
Upland Area to be filled and
Wetlands I Uplands graded
I
I
I
Proposed Wooden
Bulkhead
Deadman / Tieback
Existing Sandy Substrate BULKHEAD DETAIL
_ApqrQxime elgylion Qf NWL Bay Manor Condos
Kill Devil Hills, NC
Post
Scale 1 in = 1 ft
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Mar 20 03 03: 39p The Carolina Club 252-443-8717 p. 2
03/10/2003 08:37 2524410721 ENVIRONMENTAL PROFES PAGE 0
RECEIVED
MAR 2.4 2p.nj
OWN.KA!,NAGEMENT
I=L.IZABL Y M CATY
1, 7cffPassot hereby autborize Environmental Professionals to file for a CAMA Major
permit on my behalf for bulkhead construction and associated backfill for my p operty on
17:$ Day Drive in kill Devil Hills, NC,
Signature Date
i
4
C
1
I
I
i
i

PFDEIVED
MAR 2. 4 ?nn.i
COASTAL.MANAGEMENT
ELIZABE:T N CITY
CAMA Major Application
Bay Manor Condo Unit Owners
1728 Bay Drive
Kill Devil Hills, NC
Prepared By: Environmental Professionals, Inc.
PO Box 3368
Kill Devil Hills, NC 27948
252-442-0239
Kendall Turnage

DIVISION OF COASTAL MANAGEMENT
a APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Bay Manor Condos County: Dare
LOCATION OF PROJECT: 1728 Bay Drive in Kill Devil Hills
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 04/21/03
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: T
B) DATE APPLICATION RECEIVED IN RALEIGH: "fie- 0 FEE REC'D:$ OD, U0
PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE:_
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: v
APPLICATION ASSIGNED TO: ON: 41-
C) 75 DAY DEADLINE: _ �v��U 3 150 DAY DEADLINE: j-1 U 3
MAIL OUT DATE: a`1 (03 STATE DUE DATE: t d l 0,3
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 S1i wc3 ✓ ✓ �GvIS 7�!y/�3
Coastal Management- LUP Consistency
Division of Community Assistance �i��3 ✓
Land Quality Section
Division of Water Quality 17`f/3 IS)�' '� r �?.roy�_ `" L/AM
Storm Water Management (DWQ) �d 3 ✓ ��f?!
State Property Office 51..271u3 ✓
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission L'otisM��>
Division. of Water Resources 7 Wu
Division of Marine Fisheries C13 ✓ �pYfl il�l?y1
Submerged Lands (DMF)

Permit
DCM Coordinator:
MAILING DISTRIBUTION:
Permitee: 84Y A49&an COA126f
Agent: /1`✓llZcl�I�t��v�'�� P EJ'Jia,✓eu'
DCM Field Offices:
Elizabeth City
Morehead City
W ;iAgteR-
US Army Corps of Engineers (USACE):
Washington: Mike Bell E'`Tr T-)
B 4NC
DQT)
Raleigh Bland
Wilmington: D (NCDOT)
He is r
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: John Dorney
T)
Water Resources: John Sutherland
Wildlife Resources: David McHenry
T)
T T)
FAXING DISTRIBUTION:
Agent at Y-Y-/ 0,771
DCM Field Offices:
Elizabeth City
Morehead City
fiT�rslii�rgten
VK�tm�n
US Army Corps of Engineers (USAGE):
Washington: )
me OT)
Raleigh Bland
Wilmington: �icke
py (NCDOT)
Hr
Updated as 2/28/03

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889-1000
/ IN REPLY REFER TO
July 29, 2003
Regulatory Division
Action ID No. 200310536 and State Permit No. 97-03
Bay Manor Condo Unit Owners
C/O Mr. Jeff Passott
Post Office Box 300
Grandy, North Carolina 27927
Dear Mr. Passott:
Reference your revised application for a Department of the Army (DA)permit to place fill
material within wetlands and construct a retaining wall, on property located at 1728 Bay Drive,
adjacent to the Albemarle Sound, in Kill Devil Hills, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of General Permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and
the North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division, telephone[phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
AUG 1 1 2003 Regulatory Project Manager
DA�OFCQA��L ,

-2-
Copies Furnished:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
D�wfsion of Coastal Management
,,,North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110 y ` (

..
-3-
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909

�-'lll;W4
0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett, Major Permit Coordinator
FROM: Lynn W. Mathis, Coastal Management Field Representative
THROUGH: Ted Sampson, District Manager
SUBJECT: (Revised) Comments and Recommendations for Bay Manor Condos
CAMA Major Permit Application
DATE: July 13, 2003
The applicant Bay Manor Condo Unit Owners, proposes to construct a 101' retaining
approximately 46' waterward of normal water level. The placement of the retaining wall will
result in the filling of approximately 1,213sf of delineated Section 404 Wetlands, of which 960sf
will be within the Estuarine Shoreline Area of Environmental Concern, and 4,866sf of high
ground. The property is more specifically located at 1728 Bay Drive, in Kill Devil Hills, Dare
County.
An on site inspection of the applicant's property clearly reveals that the location of the structure
is to facilitate the filling of adjacent Section 404 Wetlands, for reasons other than erosion
control.
North Carolina Administrative Code
07H .0209 (b)(c) and (d)
Coastal Shorelines
Paragraph (b) describes the significance of the Coastal Shorelines, and states that wetlands are an
important natural feature of the Coastal Shoreline. While paragraph (d) of this subchapter states
"acceptable uses shall be those consistent with the management objectives in paragraph (c)."
According to (c), the management objective is "to ensure that shoreline development is
compatible with both the dynamic nature of coastal shorelines as well as the values and the
management objectives of the estuarine and ocean system. Other objectives are to conserve and
manage the important natural features of the estuarine and ocean system so as to safeguard and
perpetuate their biological, social, aesthetic, and economic values; and to coordinate and
establish a management system capable of conserving and utilizing these shorelines so as to
maximize their benefits to the estuarine and ocean system and the people of North Carolina."

Based on the information originally submitted, the site inspection and 07H .0209, 1
recommended that the permit be denied as inconsistent with the Division's Rules. The project
plan has since been revised, reducing significantly the amount of fill from 3,105sf to 1,213sf. In
addition, the owner has agreed to preserve all remaining wetlands, and record a conservation
easement prohibiting the filling, grading, excavation, or the placement of any structure on or in
ground.
The revised plan makes reasonable concessions to protect the remaining wetlands on the
property and preserve its natural features. I would like to revise my recommendation to deny
Mr. Passot's request, to a recommendation for approval, with the following conditions:
1. The retaining wall must be constructed prior to any backfilling activities.
2. The retaining wall must be structurally tight to prevent seepage of backfill materials through the
structure.
3. The retaining wall must be solid and constructed of treated wood, concrete slabs, metal sheet piles,
or other suitable materials approved by Department personnel. No excavation is permitted, except
those, which may be required for the construction of the bulkhead wall, deadmen and tie back cables.
This permit does not authorize any excavation waterward of the approved alignment.
4. All fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
5. All backfill material will be obtained from a high ground source and confined behind the permitted
bulkhead.
6. No fill material will be placed, at any time, in any vegetated wetlands or surrounding waters outside of
the alignment of the fill area indicated on the revised workplan drawing dated 06120103.
7. No development or land disturbing activity shall take place within 30 feet of normal water level except
that which is necessary to install the retaining wall shown on the revised plan noted in Condition #6
above.
8. At no time shall any fill material be placed on any adjacent property.
9. No fill material may be placed below normal water level.
10. In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
11. All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty(30)days of the project completion.
12. This permit does not eliminate the need to obtain any additional state,federal or local permits.
13. Future development of the permittee's property may require a modification of this permit. Contact a
representative of the Division of Coastal management at(252)264-3901 prior to the commencement of
any such activity for a determination. The permittee is further advised that many non-water dependent
activities are not authorized within thirty(30)feet of the normal water level.
14. The permittee and/or his contractor are urged to meet with a representative of the Division prior to
project initiation.
IS. NOTE: The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
project without having the permit transferred to a third-party.
Cc:Raleigh Bland, COE

_.�
=tea
North Carolina Departmer? rnriment and Natural Resources
Division ., 31 !Management
Michael F. Easley,Governor Donr --i itt; Director William G. Ross Jr.,Secretary
2003
Bay Manor Condo Unit Owners
c/o Jeff Passott
Clear Water Ventures,LLC
PO Box 300
Grandy, NC 27927
Dear Mr. Passott:
This letter is with reference to the Bay Manor Condo Unit Owners application for a
Coastal Area Management Act Major Development and state dredge and fill permit to construct
a retaining wall on site the Bay Manor Condominium Unit property at 1728 Bay Drive, Kill
Devil Hills, Dare County, NC. Although processing of the application is nearing completion,
additional time is needed for this office to complete the review and make a decision on your
request. Therefore, it is necessary that the standard review time be extended. An additional 75
days is provided by G.S. 113A-122(c) which would make September 18, 2003 the new deadline
for reaching a decision on your request. However, we expect to take action prior to that time and
will do so as soon as possible. In the interim, if you have any question on the status of your
application, do not hesitate to contact this office.
Very sincerely,
Je S haffer
Asst. Major Permits/Consistency Coordinator
cc: Lynn Mathis - DCM,Elizabeth City
DCM,Morehead City
Environmental Professionals,Inc.,PO Box 3368, Kill Devil Hills,NC 27948
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEPARTMENT OF THE ARMY
¢ � WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
June 26, 2003
Regulatory Division
Action ID No. 200310536
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the revised application of Bay Manor Condos for a Department of the Army(DA)
permit to place fill material within wetlands and construct a retaining wall,on property located
at 1728 Bay Drive, adjacent to the Albemarle Sound, in Kill Devil Hills, Dare County,North
Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
revised permit plans, which are a part of this permit.
2. All backfill materials will be obtained from a highground source and confined landward
of the permitted retaining wall.
3. No vegetated wetlands will be excavated or filled outside of the authorized area.
4. The Permittee shall preserve and maintain all remaining acres of Department of
the Army jurisdictional wetlands on the property, as surveyed on the attached plat titled
BAY MANOR CONDO UNIT OWNERS,prepared by Seaboard Surveying, as revised
on June 20, 2003. The Permittee is prohibited from performing any of the following
activities on the property: Filling; grading; excavating; earth movement of any kind;

i

-2-
construction of roads, walkways,buildings, signs, or any other structure; any activity
that may alter the drainage patterns on the property; the destruction, mowing, or other
alteration of vegetation on the property; disposal or storage of any garbage, trash,
or other waste material; or any other activity which would result in the wetlands
being adversely impacted or destroyed.
5. Prior to beginning work authorized by this permit, the Permittee shall execute
and cause to be recorded a conservation easement prohibiting those activities listed in
condition 4 above. The holder of this easement shall be approved by the Corps of
Engineers prior to recordation of the easement. The Permittee shall provide the Corps
of Engineers, a copy of the recorded easement within 60 days of the recordation of the
easement. The Permittee shall take no action inconsistent with the terms and purpose
of the conservation easement on the property described therein.
6. The temporary placement or double handling of excavated or fill materials
within waters or vegetated wetlands are not authorized.
7. The fill material will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials, or unsightly debris will not be used.
8. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division, telephone[phone], extension 23.
Sincerely,
r,
Raleigh Bland, P.W.S.
Regulatory Project Manager

40
-3-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS,Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909

/ RECEIVED,
A•. 7/ 03
r �Ia3 JUN P. Q 2003
�_ ( � I
NC D EN R DfV.OF COASTAL MANAGEMENT
North Carolina Department of Environment and Natural Resources RALEIGH
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permits Processing
FROM: John A. Thayer, Jr., AICP NE DCM District Planner
Through: Ted Sampson, DCM NE District Manager
SUBJECT: Major Permit Request by Bay Manor Condos to Construct a 101' Retaining Wall
Approximately 300' South of Third Street, adjacent to Kitty Hawk Bay, Located
at 1728 Bay Drive, Town of Kill Devil Hills, Dare County.
DATE: June 18, 2003
Consistency Determination: The proposal can be considered consistent with and not in
conflict with the Town of Kill Devil Hills' 1997 Land Use Plan
certified by the CRC on March 24, 2000
Overview: The applicant proposes to construct a 101' retaining wall approximately 46'
landward of normal water level. The lot is located on the west side of the road
adjacent to Albemarle Sound, 1728 Bay Drive, in Kill Devil Hills, Dare County.
Anticipated impacts: 3,105 sf. of delineated Section 404 Jurisdictional Wetlands
will be converted to high ground, 960 sf. will be within the Estuarine Shoreline
AEC and 4,866 sf. of high ground will be elevated with sand fill.
Basis for Determinations: The Land Classification Map designation for the area as
"Community". Text discussion of the "Conservation" classification recognizes that all AEC
areas are also so classified. Related policies include the following:
Page 35: 2a. Hazardous or Fragile Areas (404 Wetlands, Freshwater Swamps, and
Marshes): The Town supports CAMA and the U.S. Army Corps of
Engineers regulations as applicable...
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—50%Recycled 110%Post Consumer Paper

OF WATF9 1
0 Michael F.Easley,Governor
�O G William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W.Klimek, P.E.,Director
G Division of Water Quality
DIVISION OF WATER QUALITY RECEIVED
June 4, 2003 JUN 0 6 2003
Mr. Jeff P a s s o t t DIV.OF COASTAL MANAGEMMT
Clear Water Ventures, LLC RALEIM
P 0 Box 300
Grandy, NC 27939
Subject: CAMA/Stormwater Review
SW7030416 Bulkhead
Bay Manor Condo Unit Owners
Dear Mr. Passott: Dare County
The Washington Regional Office received a copy of your CAMA
application for your proposed bulkhead project located at 1728 Bay
Drive in Kill Devil Hills, NC on April 28, 2003. Staff review of
the plans and specifications has determined that the project, as
proposed, consists of activities that will not pose surface water
quality threats from stormwater rurro ff since no significant new
impervious area is proposed. The Director has determined that
projects that are reviewed and approved by the Division as not
posing water quality threats from stormwater runoff should not be
subject to the stormwater management permitting requirements of 15A
NCAC 2H.1000. For this reason, we are informing you by way of this
letter that your project will not require a stormwater management
permit.
Please keep in mind that this determination does not affect your
legal requirements to obtain other permits which may be required by
the Division of Water Quality, the Division of Land Resources,
Coastal Area Management Act or any other Federal, State or Local
Government. In addition, any future modifications to the project
will require additional review from this office to assure that
stormwater impacts are not an issue.
If you have any questions or need additional information concerning
this matter, please contact Mr. Roger Thorpe at (252) 946-6481,
extension 214 .
Sincerely,
Jim Mulligan
Water Quality Regional Supervisor
Washington Regional Office
cc: v/Doug Huggett, DCM - Raleigh
Washington Regional Office
Central Files
943 Washington Square Mail
Washington,N.C.27889
Telephone[phone] FAX[phone]

07/11/2003 10: 33 2524410721 ENVIRONMENTAL PROFES PAGE 02
OF w A r�9 ill
Mic el F. Easley,Governor
WOW G. Rose Jr, Secretary
Off. pG North Carolina Department of Environmeri end Natural Resources
Alanl OV,Klimek, P.E. Director
ivision of Water Quality
0 �
June 2,2003
DWQ#03-0530
Dare County
Mr.Jeff Passott
Clear Water Ventures, LLC
P.O. Box 300
Grandy, NC, 27927
APPROVAL of 401 Water duality Cortlticatlon with Additional Condltlon
Dear Mr. Passott:
You have our approval. In accordance with the attached conditions,to place fill In 0.07 acre of non-vege led wetlands in order
to construct a retaining wall at 1728 Bay Drive, Kill Devil Hills in Dare County, as described in your application Ived by the Divlslon of
Water Quality on April 30, 2003, After reviewing your application, we have determined that this fill is covered by neral Water Quality
Certification Number 3400, which can be downloaded from our web site at htt h2o.enratate,nc.us/nrw-etlands . his Certification allows
you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition, you should t any other federal,
state or local permits before you go ahead with your project Including (but not limited to) Sediment and Erosion C trol, Non-Discharge,
Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will explre when the accompanyl, CAMA Permit expires
unless otherwise specified In the General Certification.
This approval is only valid for the purpose and design that you described In your application. If you char] to your project,you
must notify us in writing and you may be required to send us a new application for a new certification. If the propO ty Is sold,the new
owner must be given a copy of the Certlflcatlon and approval letter and is thereby responsible for complying With I conditions. If total
wetland fills for this project (now or in the future) exceed one acre,compensatory mitigation may be required as di scribed In 15A NCAC
2H .0500 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and t additional conditions
listed below;
1. You are required to return the attached Certification of Completion form to notify DWO when all work In uded In the 401
Certification has been completed;
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. Y u must act within 60
days of the date that you receive this letter. To ask for a hearing,send a written petition conforming to Chapter 16 DB of the North
Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, N.C. 2769 8714. This
certification and Its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water t. If you have any
questions, please telephone Tom Steffens in our Washington Regional Office at(262) 946-6481 or Cyndi Karoly irl our Central Office In
Raleigh at [phone]. I
3lncerely,
I
Alan W. Klimek, P.E.
V�
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Kendall Turnage, P.O. Box 3368, Kilt Devil Hills, NC, 27948
030530
N.
C. Division of Water Quality 1617 Mall Service Center Raleigh, NC 27899 i517 [phone] Customer Service
1 800 623-7748

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
USED 3T,�T�,s REGION 4
• A •
Z Sam Nunn Atlanta Federal Center
61 Forsyth Street,S.W.
Atlanta,Georgia 30303-8960
Colonel Charles R. Alexander, Jr. MAY 2 `) 100
District Engineer
ATTN: Mr. Raleigh Bland
Washington Field Office
Wilmington District, Corps of Engineers
P.O. Box 1000 RECEIVED
Washington, North Carolina 27889-1000
JUN 0 2 2003
SUBJ: Bay Manor Condos
Action I.D. No. 200310536 DN OFCOA RAL�IETAL �EMENT
LL96H�IHH
Dear Colonel Alexander:
This is in response to the above referenced state field investigation report("Report"),
dated April 28, 2003, for the proposed placement of a 101-foot retaining wall approximately 46
feet landward of normal water level (NWL). Approximately 3,105 square feet of shallow bottom
is proposed to be back-filled. According to the Report, the project is located in Albemarle
Sound, Kill Devil Hills, Dare County,North Carolina. No mitigation is proposed.
The Environmental Protection Agency (EPA)has reviewed this proposal and sees no
attempt to avoid or minimize the impact generated by the project. It appears that there may be
other project designs which will not cause such a significant impact to waters of the U.S. Areas
such as the one proposed for impact are extremely important to North Carolina in terms of water
quality, water quantity, sediment stabilization, commercial and recreational fishing, and wildlife
habitat and food chain maintenance. EPA is concerned about the cumulative impacts of
bulkheads, docks and other hardened structures along waterways. It appears that a significant
purpose behind the retaining wall design is simply to extend the applicant's upland property,
which is not a water-dependent activity. EPA recommends that the applicant revise the
alignment of the bulkhead/retaining wall closer to the existing upland shoreline, in order to
minimize impacts to aquatic resources.
Thank you for the opportunity to comment on this project. If you have any questions
regarding these comments, please contact Kathy Matthews at the above address or by telephone
at [phone].
Sincerely,
Ronald J. Mi lak, Chef
Wetlands Regulatory Section

cc: USFWS, Raleigh
DCM/NCDENR, Wilmington
DCM/NCDENR, Raleigh /
NMFS, Beaufort

RECEIVED
MAY 2 0 2003
" W OF COASTAL MANAGEMW
WEN
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: Doug Huggett,Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Res rces
FROM: David McHenry,Northeast Coastal Region Coordinator
Habitat Conservation Section
DATE: May 18, 2003
SUBJECT: CAMA/Dredge&Fill Permit Application for Bay Manor Condo Unit Operators,Kill
Devil Hills, Dare County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the
permit application with regard to impacts of the project on fish and wildlife resources. The project site
was visited on May 15, 2003. Commission comments are provided in accordance with provisions of the
Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended, and the Fish and
Wildlife Coordination Act(48 Stat.401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes construction of 99 linear feet of bulkhead and 90.5 linear feet of return
wall for shoreline stabilization on lots 22 and 23 of the Carolina Shores Subdivision. The property is
adjacent to Kitty Hawk Bay,which is classified as joint waters and SC by the Environmental
Management Commission. Approximately 3,105 square feet of jurisdictional,emergent wetlands
landward of coastal wetlands would be filled by the proposal.
As proposed,the project will directly and indirectly impact fish and wildlife resources by
eliminating wetlands and possibly degrading the adjacent coastal wetlands and shallow waters of Kitty
Hawk Bay. A variety of wildlife forage and nest in coastal marsh and jurisdictional wetlands like that
along the subject property. The emergent vegetation,although degraded by the applicant's activities,
provides a buffer between the developed uplands and the coastal marsh,which allows small mammals and
shorebirds such as Virginia Rail(Rallis limicola)and sora rail(Porzana carolina)to forage and travel
through the area with minimal disturbance. In addition to the direct wildlife benefits,this wetland buffer
attenuates nutrients and run-off from developed upland areas,thereby protecting water quality and the
productivity of submerged aquatic vegetation in local waters. Given the cumulative impacts from
projects similar to that proposed, it is vitally important to conserve remaining wetlands in the region
because they protect important habitat for fish such as striped bass(Moron saxatillis)and white perch
(Morone americana)and waterfowl such as canvas back(Aythya valisineria)and pintail(Anal acuta).
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center•Raleigh,NC 27699-1721
Telephone: [phone] ext.281 • Fax: [phone]

CMDF—Bay Manor Condos Page 2 May 18,2003
The proposed project is inconsistent with our Policies and Guidelines for Conservation of
Wetlands and Aquatic Habitats. Therefore,the Commission will not oppose this project if,as a condition
of the permit,the bulkhead is aligned contiguous with the wetland-upland interface to the extent
practicable. This alignment is recommended to conserve the habitat and water quality functions of the
wetland. In addition,this alignment is appropriate since the need and water-dependency of the project is
questionable and there is little evidence of shoreline erosion that would justify the proposed waterward
alignment.
The Commission appreciates the opportunity to review and comment on this permit application.
If you need further assistance or additional information,please contact me at(252)946-6481 extension
345.
cc:
Thomas,C.—NC Wildlife Resources Commission,District 1

RECEIVED
3 MAY t a 2003
--�— �� +tv OF COASTAL MAUAGEMW
NCDENR RALEIGH
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett, Major Permit Coordinator
FROM: Lynn W. Mathis, Coastal Managem t ield Representative
THROUGH: Ted Sampson, District Managerm SUBJECT: Comments and Recomendation or Bay Manor Condos
CAMA Major Permit Application
DATE: May 12, 2003
The applicant Bay Manor Condo Unit Owners, proposes to construct a 101' retaining
approximately 46' waterward of normal water level. The placement of the retaining wall will
result in the filling of approximately 3,105sf of delineated Section 404 Wetlands, of which 960sf
will be within the Estuarine Shoreline Area of Environmental Concern, and 4,866sf of high
ground. The property is more specifically located at 1728 Bay Drive, in Kill Devil Hills, Dare
County.
An on site inspection of the applicant's property clearly reveals that the location of the
structure is to facilitate the filling of adjacent Section 404 Wetlands, for reasons other than
erosion control.
North Carolina Administrative Code
07H .0209 (b)(c) and (d)
Coastal Shorelines
Paragraph (b) describes the significance of the Coastal Shorelines, and states that wetlands are
an important natural feature of the Coastal Shoreline. While paragraph (d) of this subchapter
states "acceptable uses shall be those consistent with the management objectives in paragraph
(c)." According to (c), the management objective is "to ensure that shoreline development is
compatible with both the dynamic nature of coastal shorelines as well as the values and the
management objectives of the estuarine and ocean system. Other objectives are to conserve and
manage the important natural features of the estuarine and ocean system so as to safeguard and
perpetuate their biological, social, aesthetic, and economic values; and to coordinate and
establish a management system capable of conserving and utilizing these shorelines so as to
maximize their benefits to the estuarine and ocean system and the people of North Carolina."

The "retaining wall," as proposed does not represent a reasonable request as shoreline
stabilization. The proposed location is well landward of the Coastal Wetland fringe, and has no
visible signs of erosion. The placement of the structure 46' landward of the shoreline and any
erosion is not consistent with the spirit or intent of the rules and certainly not the management
objectives. Coastal Wetlands on the applicant's property have been cut and trampled, if let along
to reestablish protection would naturally occur. The property in question is well known by this
reviewer, and it is apparent that the owner's redevelopment of the property has resulted in
severely damaging what was once a thriving cynosuroides fringe.
Based on the information submitted, the site inspection and 07H .0209, I would like to
recommend that this permit be denied as inconsistent with the Division's Rules.
Raleigh Bland, COE

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G, Ross Jr., Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permits Processing Coordinator
THROUGH: Mike Street, Chief Habitat Section
FROM: Sara E. Winslow, Northern District Manager
,,,Ioj
SUBJECT: Bay Manor Condos
DATE: May 2, 2003
The North Carolina Division of Marine Fisheries submits the following comments
pursuant to General Statute 113-131. This agency approves of this project with the
following modifications.
Kitty Hawk Bay functions as a nursery area for spot, croaker, red drum, spotted
seatrout, weakfish, flounder, blue crabs and other commercially and recreationally
important species.
The applicant proposes to construct a 99 ft bulkhead to stabilize the adjacent
shoreline. The bulkhead would tie into an existing retaining wall on the adjacent
property to the north, with a 90.5 ft return wall on the southside of the property. The
proposed wall would be constructed approximately 59 ft landward of NWL on the
northside and 142 ft landward of NWL on the southside. . No coastal wetlands are
proposed to be filled. However, 3,105 sq ft of delineated Section 404 wetlands are
proposed to be filled with approximately 960 sq ft of the fill within the Estuarine
Shoreline Area of Environmental Concern (AEC). The height of the bulkhead would be
2 ft above the wetlands.
Wetlands are of great importance to fisheries resources, serving as sources of
biological productivity, providing food directly and indirectly and serving as nursery
3441 Arendell Street, P,O. Box 709, Morehead City, North Carolina 28557
PhpnQ: 252 7z6-7021 1 FAX: [phone] Internet: www.ncdmi.net

Page Two
May 3, 2003
areas for many important species. Finally, wetlands perform important roles in
modifying acute impacts of hydrologic events, moderating stormwater flows, trapping
sediments, and providing nutrients for incorporation into resident plants.
The 404 wetlands on the northside of the property have been impacted by the
adjacent property owners permitted bulkhead. The area on the northside of the
property proposed for fill is 529 sq ft. The 404 wetlands (2,560 sq ft) on the southern
side of the property have not been impacted and are contiguous 404 wetlands.
The Division would approve of the 404 wetlands being filled on the northside of
the property. However, due to the importance of wetlands as indicated above and the
natural state of those on the southside of the property this agency would object to the
2,560 sq ft of this wetland area being filled.
The Division would approve of this project with this modification.

DEPARTMENT OF THE ARMY
/ WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889-1000
IN REPLY REFER TO
Apri1 30, 2003
RECEIVED
Regulatory Division
MAY 0 5 2003
Action ID No. 200310536
DIV.OFCO���E�EflT
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Dorney:
Please reference the application of Bay Manor Condos for Department of the Army (DA)
authorization and a State Water Quality Certification to place fill material within wetlands
and construct a retaining wall, on property located at 1728 Bay Drive, adjacent to the Albemarle
Sound, in Kill Devil Hills, Dare County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance with Section 325.2(b)(11)
of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required under
the provisions of Section 401 of the same law. A Department of the Army permit will not
be granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt
of a request for certification is a reasonable time for State action. Therefore, if you have
not acted on the request, or asked for an extension of time, by June 30, 2003 the District
Engineer will deem that waiver has occurred.

-2-
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Regulatory
Field Office, Regulatory Division,telephone[phone], extension 23.
Sincerely,
1"
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638

SCEs. .ir.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS APR
P.O.Box 1890 L 1
Wilmington, North Carolina 28402-1890
IN REPLY REFER TO EW
• T
boo Leru4
Regulatory Division
Action ID: 2t o3 w SA Applicant: 0
Waterway:&w to �` County: Work Type: "O' vrl T
[`<' iv%'A.5y W h
Mr. Ron Sechler Mr.Doug Huggett J
National Marine Fisheries Svc,NOAA Division of Coastal Management
Pivers Island NC Department of Environment,Health
Beaufort,NC 28516 and Natural Resources
Post Office Box 27687
Mr. Garland B. Pardue Raleigh,NC 27611-7687
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service Post Office Box 33726 1{
" v ''' �v"'pwl
Raleigh, North Carolina 27636-3726 e h� Ch I Regional Office
Division of Coastal Management
Mr. Ronald J. Mikaluk,Chief NC Department of Environment, Health
Wetlands Section—Region IV and N01�-
al Res=
Water Management Division
U.S.Environmental Protection Agency ? L s 11101
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291,the CAMA-Corps General Permit/processing
agreement,a State Field Investigation Report is enclosedNya
our comments and/or
recommendations would be appreciated on or before
Questions or comments may be addressed to Mr.Raleigh Bland, Washington
Regulatory Field Office,telephone [phone],extension 23.
Sincerely,
Raleigh W.Bland,P.W.S.
Regulatory Project Manager
Enclosure

A- iA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
April 24, 2003 FECEIVE D
MEMORANDUM: JUN 0 4 2003
TO: Mr. Jim Simons, Director DIV OFCOASTALMANAQWjffRA«
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT:. CAMA/DREDGE & FILL Permit Application Review
Applicant: Bay Manor Condos
Project Location: 1728 Bay Drive in Kill Devil Hills, Dare County
Proposed Project: Construct a retaining wall
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 15, 2003. If you have any questions regarding the proposed project, please contact
Lynn W. Mathis at(252) 264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE 3
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

LTI-w �,� ,
NCDENR PR 1.110 2003
North Carolina Department of Environment and Natural Resources 71 e-iCA bF
Division of Coastal Management lrf2
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 29,2003
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section Jll[_ 0 8 2003
Division of Water Resources
FROM: Doug Huggett OFCRALM
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BAY MANOR CONDOS
PROJECT LOCATION: 1728 BAY DRIVE, IN KILL DEVIL HILLS, DARE COUNTY.
PROPOSED PROJECT: CONSTRUCT A 101' RETAINING WALL APPROXIMATELY 46'
LANDWARD OF NORMAL WATER LEVEL. FILLING
APPROXIMATELY 3,105SF OF DELINEATED SECTION 404
WETLANDS, OF WHICH 960SF WILL BE WITHIN ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN &
4,866SF OF HIGH GROUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 20, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE L7 /0)
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Aria_ ,Illl_ 1 0 2003
NCDENR 00.01F
North Carolina Department of Environment and Natural Resources 0I
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 29, 2003
MEMORANDUM D O
TO: Linda Sewall, Director
Division of Environmental Health L M
P — 8
FROM: Doug Huggett SHELLFISH SANITATION
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BAY MANOR CONDOS
PROJECT LOCATION: 1728 BAY DRIVE, IN KILL DEVIL HILLS, DARE COUNTY.
PROPOSED PROJECT: CONSTRUCT A 101' RETAINING WALL APPROXIMATELY 46'
LANDWARD OF NORMAL WATER LEVEL. FILLING
APPROXIMATELY 3,105SF OF DELINEATED SECTION 404
WETLANDS, OF WHICH 960SF WILL BE WITHIN ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN &
4,866SF OF HIGH GROUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 20, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
/ This agency has no objection to the project as proposed.
✓� This agency has no comment on the proposed project. ki
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

7-FA o�_ vo`
NCDENR �,_�`� A. " 7 o ,nInRECEN
,
North Carolina Department of Environment and Natural Resources :�'.� �
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 29, 2003
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director
CE1VF
State Property Office MAY 9 7 i
Department of Administration
Q911.OF COASTAL MANAQW
FROM: Doug Huggett RALEIGH
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BAY MANOR CONDOS
PROJECT LOCATION: 1728 BAY DRIVE, IN KILL DEVIL HILLS, DARE COUNTY.
PROPOSED PROJECT: CONSTRUCT A 101' RETAINING WALL APPROXIMATELY 46'
LANDWARD OF NORMAL WATER LEVEL. FILLING
APPROXIMATELY 3,105SF OF DELINEATED SECTION 404
WETLANDS, OF WHICH 960SF WILL BE WITHIN ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN &
4,866SF OF HIGH GROUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 20, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED I ATE U3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

�' ���
r
y_ L 5]6�
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr,, Secretary
April 24, 2003 m%xiVED
MEMORANDUM: MAY 0 1` 03
ON.OF COASTAL I�ANAGW�EMT
TO: Mr. William A. McNeil, Director RALlfl�M1
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bay Manor Condos
Project Location: 1728 Bay Drive in Kill Devil Hills, Dare County
Proposed Project: Construct a retaining wall
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 15, 2003. If you have any questions regarding the proposed project, please contact
Lynn W.Mathis at(252) 264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
(---'-This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE -�8-03
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2,enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 29, 2003
MEMORANDUM RECEIVED
TO: Mr. Roberto Canales
State Construction/Materials Branch MAY 0 8 2003
Division of Highways DfV OFCO 6TAL�(` r
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BAY MANOR CONDOS
PROJECT LOCATION: 1728 BAY DRIVE, IN KILL DEVIL HILLS, DARE COUNTY.
PROPOSED PROJECT: CONSTRUCT A 101' RETAINING WALL APPROXIMATELY 46'
LANDWARD OF NORMAL WATER LEVEL. FILLING
APPROXIMATELY 3,105SF OF DELINEATED SECTION 404
WETLANDS, OF WHICH 960SF WILL BE WITHIN ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN &
4,866SF OF HIGH GROUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 20, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPL
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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE cn
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

s Df3 x F
rvA w
A7kk— I %lb
APR 20 3
NCDE l
NR North Carolina Department of Environment and Natural ResourceswsrcacPRl=slWArl0H0rFF1CJ
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 29, 2003 W-0 7�
MEMORANDUMS
TO: Ms. Renee Gledhill-Early, Director
Division of Cultural Resources RECEIVED
Archives & History Building
FROM: Doug Huggett MAY 1 4 2003
Major Permits Processing Coordinator DR of:COASTALMNMMMENT
SUBJECT: CAMA PERMIT APPLICATION REVIEW
RAIEiQH
APPLICANT: BAY MANOR CONDOS
PROJECT LOCATION: 1728 BAY DRIVE, IN KILL DEVIL HILLS, DARE COUNTY.
PROPOSED PROJECT: CONSTRUCT A 101' RETAINING WALL APPROXIMATELY 46'
LANDWARD OF NORMAL WATER LEVEL. FILLING
APPROXIMATELY 3,105SF OF DELINEATED SECTION 404
WETLANDS, OF WHICH 960SF WILL BE WITHIN ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN &
4,866SF OF HIGH GROUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 20, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
T is agency cts th ro. ct fo reasons described in the attached comments.
SIGNED DATE 67 LYIA5
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
APR $O 2003

v
Aria � 1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
April 29,2003
MEMORANDUM RECEIVEr)
TO: David McHenry MAY 2 t1
Wildlife Resources Commission 6t 1
ATTN: Habitat Conservation Program "'V OFCOASTALMANAGEMENT
RALEIGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BAY MANOR CONDOS
PROJECT LOCATION: 1728 BAY DRIVE, IN KILL DEVIL HILLS, DARE COUNTY.
PROPOSED PROJECT:CONSTRUCT A 101' RETAINING WALL APPROXIMATELY 46'
LANDWARD OF NORMAL WATER LEVEL. FILLING
APPROXIMATELY 3,105SF OF DELINEATED SECTION 404
WETLANDS, OF WHICH 960SF WILL BE WITHIN ESTUARINE
SHORELINE AREA OF ENVIRONMENTAL CONCERN &
4,866SF OF HIGH GROUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 20, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This ncy app oves of the project, only if the recommended changes are incorporated.
his agency o 'ects to tV project for reasons described in the attached comments.
SIG D z DATE 3
1638 Mail Service Center, Raleigh, North CaZina 27,699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

a
c� C
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
April 24, 2003
MEMORANDUM:
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bay Manor Condos �J
MAY - 6 2003
Project Location: 1728 Bay Drive in Kill Devil Hills, Dare County h-
Gtt`i -f►ibijTA;T
Proposed Project: Construct a retaining wall r i,
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 15, 2003. If you have any questions regarding the proposed project, please contact
Lynn W. Mathis at(252) 264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNJy
DATE — 3
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc,us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

� =11-11
�- MAR 3 1 2003
NCDENR ��C7C0A rALMANAC MMN�
North Carolina Department of Environment and Natural Resour�es Fipit"'�
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
March 27, 2003
Kendall Turnage
Environmental Professionals, Inc.
P. O. Box 3368
Kill Devil Hills, NC 27948
Re: Bay Manor Condo Unit Owners' Retaining Wall and
Wetland Fill Project
Dear Mr. Turnage:
The Division of Coastal Management hereby acknowledges receipt of your application on March
24, 2003, for State approval for the development of the referenced project. An initial screening of
the submittal package has been conducted. This revealed certain deficiencies, which must be
corrected before the application package can be accepted as complete. To assist you in
expediting the permitting process as much as possible, I am notifying you of these deficiencies
immediately so that they can be quickly corrected to facilitate the detailed review by the Field
Representative.
Because the discrepancies are so minor, I am not returning the original application package.
Upon making the corrections you can send in the amended documents. Pending their receipt, the
Field Representative can commence the detailed review. Please understand that the subsequent
detailed review may reveal additional areas where further information or documentation is
required to demonstrate compliance with the rules directly applicable to the proposed
development. If this occurs, you will be notified of such issues separately by the Field
Representative.
Our initial screening has identified the following deficiencies:
1. Adequate Work Plans or Drawings have not been submitted. Please address the following
items:
■ A Plan View must be submitted that:
- Indicates Adjacent Property Owners' Names; the name of the adjacent
property owner to the north has not been placed upon the plat;
- Indicates the presence of any 404 or Coastal Wetland Marsh in area of
proposed work; while wetlands have been indicated, and we understand
from accompanying documentation that this delineation was confirmed
by the Corps of Engineers to be 404 Wetlands, some of these wetlands
may also be Coastal Wetlands; a line distinguishing Coastal Wetlands
should be indicated on the drawing, or an indication that there are none
present.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Kendall Turnage
March 27, 2003
Page 2
2. Documentation of Notification of Riparian Property Owners must be provided. We
understand from you submittal Cover Sheet that the Certified Return-Mail Receipts for
this notification will be forwarded once they are received from the Postal Service.
3. A Location Map must be provided for those not familiar with the area to adequately
locate the project site; the scale of the location map included is such that it cannot serve
this purpose
4. A Check or Money Order to cover the Application Fee was submitted in the amount of
$400. If the proposed development does not involve the filling of more than 100 square
feet of Coastal Wetlands, the application fee would be only$250.
To expedite our response to your permitting request, we will commence the detailed review of
your application for a permit pending the receipt of the additional information requested above.
However, the statutorily provided 75/150 days allowed for review cannot commence until such
time as we have received a complete application package. Once your application has been
accepted as complete, you will receive a separate notification letter.
Please do not hesitate to contact me, or the assigned Field Representative, Ms. Lynn Mathis, at
our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the
permitting process.
Sincerely,
ed Sam son
District Manager
TS:dc
cc: Charles Jones, Assistant Director, Division of Coastal Management
Doug Huggett, Major Permits Coordinator, Division of Coastal Management
Jeff Passott, Applicant

Uu c -
DCM% DWQ
Development Type FEE (14300 1601,435100093 1625 6253) (24300 1602 435100095 2341
I. Private,non-commercial
development that does not involve $250 100%(5250) 0°/c(SO)
the fling or excavation of any
wetlands or open water areas:
11, Public or commercial development
that does not involve the filling or Sd00 100%($400) 0%(SO)
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 k B,C,or D
below applies:
III(A). For Private on-commercial
development.I( anerai water Quality 100-/ 250) 0°' SO)
Certification .3301 (see attached)
can be ap ad:
III(B): For public or commercial
development,if General water Quality 100%(5400) 0%(S0)
Certification No.3301(see attached)
can be applied:
Ili(C). If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff 60%(5240) 4C (S 160)
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 5400 60%(5240) 40%(516C)
Certification No.3301 (see attached)
can not be applied:
IV, For development that involves
the filling and/or excavation of more 5475 60%(5285) 40°%(5190)
than one acre of wetlands and/or
open water areas:
RECEIVED
APR 2 8 2003
DI 'OFMM
,

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Govemor Donna D. Moffitt, Director William G, Ross Jr., Secretary
April 24, 2003
The Coastland Times
Legal Advertisement Section
P. O. Box 428
Manteo, North Carolina 27954
Re: Public Notice - BAY MANOR CONDOS
Dear Sir:
Please publish the attached Notice in the Tuesday, April 29, 2003, 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, North Carolina 27699-1638, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Elizabeth City office.
Sincerely,
I ed Sampson
// District Manager
TS/dc
Enclosure
cc: Doug Huggett
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state,nc,us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper

4
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on April 21, 2003.
According to said application, BAY MANOR CONDOS proposes to construct a retaining
wall at 1728 Bay Drive in Kill Devil Hills, Dare County.
A copy of the entire application may be examined or copied at the office of Lynn W.
Mathis, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC,
27909, [phone] during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638
Mail Service Center, Raleigh, NC, 27699-1638, prior to May 19, 2003, 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.
PUBLISHED ON: Tuesday, April 29, 2003

. r
•�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G, Ross Jr., Secretary
April 24, 2003
Mr. Kendall Turnage
Environmental Professionals, Inc.
P. O. Box 3368
Kill Devil Hills, North Carolina 27948
Dear Mr. Turnage:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of property located 1728 Bay Drive in Kill Devil Hills, Dare County. It was
received on 04/21/03, and appears to be adequate for processing at this time. The projected deadline for
making a decision is July 5, 2003. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this letter will serve as
your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card to
a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result
in an incomplete application.
An onsite inspection will be made, and if additional information is required,you will be contacted by
the appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Lynn W. Mathis
Coastal Management Representative
LWM/dc
Enclosure
cc: Doug Huggett - Permit Coordinator, DCM
Ted Sampson- District Manager, DCM
Bay Manor Condos
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2,enr.state.nc,us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

. .. EIVE®
MAR 242V
(;(.)AEL ZABETH CITY
MANAGEMENT
_ March 19, 2003 CERTIFIED MAIL
ENVIRONMENTAL RETURN RECEIPT REQEUSTED
PROFESSIONALS
INC.
PLANNING FOR
A BETTER
ENVIRONMENT Bay Drive Association
Attn. Mr. William Dunn
4801 Capri Terrace
Kitty Hawk.NC 27949
Re: CAMA MAJOR riparian owner notification
Mr. Dunn or To Whom It May Concern:
This correspondence is to notify you as a riparian property owner,that the Jeff Passott plans to construct a
bulkhead and associated backfill on his property on 1728 Bay Drive. This work is being done to provide
shoreline stabilization for his property. The application and sketch are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days
of receipt of this notice, it will be considered that you have no comments to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to Mr. Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S
Hwy 17 South,Elizabeth City,NC 27909.
If you have questions about the project,please do not hesitate to call meat 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
Kendall Turnage
I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE DATE
P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 252 -441 - 0239
FAX : 252 -441 - 0721 • EMAIL : epi1@pinn . net

nFCEIVED
MAR 24 ?on.9
COASTAL MANAGEMENT
ELIZABETH CITY
ENVIRONMENTAL
PROFESSIONALS
INC.
PLANNING FOR March 19,2003 CERTIFIED MAIL
A BETTER RETURN RECEIPT REQEUSTED
ENVIRONMENT
Douglas and Dorothy Hevener
1720 Bay Drive
Kill Devil Hills,NC 27948
Re: CAMA MAJOR riparian owner notification
Dear Mr. and Mrs. Hevener,
This correspondence is to notify you as a riparian property owner,that the Jeff Passott plans to construct a
bulkhead and associated backfill on his property on 1728 Bay Drive. This work is being done to provide
shoreline stabilization for his property. The application and sketch are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days
of receipt of this notice,it will be considered that you have no comments to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S
Hwy 17 South,Elizabeth City,NC 27909.
If you have questions about the project,please do not hesitate to call meat 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
Kendall Turnage zz�
I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE DATE
P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 252 -441 - 0239
FAX : 252 -441 - 0721 • EMAIL : epi1@pinn . net

r
COMPLETE • ON DELIVERY
SENDER: COMPLETE THIS SECTION
■ Complete items 1,2,and 3.Also completeVnature7j Agent
item 4 if Restricted Delivery is desired. ❑Addressee
■ Print your name and address on the reverse
so that we can return the card to you. Printed Name) C.ate of, elivery
r
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes --
1. Article Addressed to: If YES,enter delivery address below: ❑ No
/ 7 3. Service Type
Certif' I Ex)q[eflsss Mail
Registered Retuf rriheceipt for Merchandise
/ T �/�r"'i -•� ([/L� ❑In yr ¢Mail ❑C.O.D.
/ ( / 4. Restrictddiq�liyQry,? raslE ❑Yes
2. Article Number 7 0 01 2 510 0005 1521 17 4 2
(transfer from service label)
Domestic Return Receipt
gust n ` 102595-02-M•1035
PS Form 3811,Au 2001 o f !/ (p
SENDER: COMPLETE
SECTION •
■ Complete items 1,2,and 3.Also complete A. Si nature
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse X ❑Agent
SO that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, Received rinte ame) C. Date of Delivery
or on the front if space permits. D Ut �—) 1,"�93
1. Article Addressed to: D. Is elive t ? ❑ Yes
✓V�¢Zz � �Q If YES,enter delivery address below: ❑No
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3. Service Type
9:l /t/ l� ertified Mail ❑Express Mail
S/�!1 /T V ❑'Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
�F 4. Restricted Delivery?(Extra Fee)
2. Article Number ❑Yes
(Transfer from service label) 7001 2 510 0005 1521 1735
PS Form 3811,August 2001
Domestic Return Receipt A /
V.2 _ / 102595-02-M-1035

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COASTAL MANAGEMENT
CERTIFIED MAIL RECEIPT EL.IZABETH CITY
(Domestic
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CERTIFIED MAIL RECEIPT
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a
DARE Fled look: 1427 Pass, 437 Doe id: 6062401
_;�\•, REAL ESTATE esiai/2002 12o20P11 Receipt 0: $1349
Doc Code: DEED NO
COUNTY ; TRANSFER TAX SARIARA R GRAY. REGISTER OF DEEDS CAREECO. NeTax Pd: $301.00
LTaaL'p.Q'1,..: slp�3 tia I
I���I�flli I1IIIII IIII�11{III II II I III III�I IIII I'I{ 91
68 at I of 3
0 tt�l 22062 12:2aPM
t.and Tranafer N oZ 0
2��-��Z/y
land Transfer S /.SD-� '•�"
Excise Tax: S 3 !• o0
Recording Time,Book and page
Tax Lot No. Parcel Identifier No, 002 48001
Verified by County on the_day of ,2002
Mail after recording to:Edsall&Epp Attorneys At Law
This instrument was prepared by:John A.Mauney,P.A.(02-229)
Brief Description for the index I Unit 1728A Bay Manor Condominiums
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this_day of April,2002,by and between
GRANTOR GRANTEE
Julia Griffin Holliday Rodgerson and husband
Joseph Rodgerson Jeffery A.Passot
13640 Hwy.,14 West PO Boa 300
Omaha,AR 72662 Grandy,NC 27939
Enter in 'to black for each :name atNrta,a i(�mmpriaw,charulnr of entit a..co noon w artrrcnhi.
The designation Grantor and Grantee as used herein shall include said parties,their heirs, successors,and assigns, and shall include
singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and
by these presents does grant,bargain, sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in
Atlantic Township,Dare County,North Carolina and more particularly described as follows:
See Attached Exhibit A
Joseph Rodgerson Joins In this conveyance for the purpose of granting, conveying and transferring all of his
common law and statutory marital rights unto the grantee and for the purpose of releasing and conveying his
rights under G.S.50-20 et.sea.to equitable distribution with respect to the property described herein
1
PF % ?
__---- 00AS-i i'NAGEMENT
_ 7H CITY

IB8I IIIII II1R11 NN II E 1111111111 111 111111111 IIII �242 of 305101/2002 2 28Pn
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1317,Page 443,
A map showing the above described property is recorded in Unit OwnerslripFile 5,Slide 194-195.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee
simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
L Easements and restrictions of record.
2.Ad valorem taxes for the year 2002,not yet due and payable.
IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and
year first above written.
aGrtl�o- AL)
Y o g s n
I
oseph odgerson (SEAL)
STATE OF Ory y C4
SEAL-STAW COUNTY OF
����pHA Mrrnq
1,the undersigned,a Notary Public of the County and State aforesaid,certify that Julia Griffin Holliday
i NOT-1 Rodgerson and husband,Joseph Rodgerson,Grantors,personally appeared before me this day and
acknowledged the execution of the foregoing instrument.Witness my hand and official stamp or seal,
r0�BL1C x= day of April,2002.
My commission expires:0 OO L Ac
.0
Zw
Notary Public O� u -
The foregoing"Certi tcat4 of ng
Dt i my Crs PCB Q rs/are certified to
and this ceranc}ate are duly registered at the date and time and in the Book and Page shown on the fast page hereof.
By
REGISTER OF DEEDS FOR DARE COUNTY
{+ c'f 11tt
� � ���'l —
DePutY/A6w4"-Register of Deeds.
Ap�.�y
((rr a p��yr
7 @[ 6•r
a f�S` Al pp!1 NAGEMEN°I
H CITV
N.C.Bar Assoc.Form No.3 0 1977
Printed by Agreement with the N.C.Bar Assoc.
u003

• I(IIIII IIII IIIIIII NII IIIIII IIIII IIII III III IIII Il l 06"0142W2 12:20PM
Exhibit A
Being known as and designated as Unit 1728A of Bay Manor Condominiums,as
shown on the plat and plans of Bay Manor Condominium,recorded in Unit Ownershi
File 5,Slides 194-195,in the Office of the Register of Deeds ofDare County,Nort p
h
Carolina.
Together with the undivided interest in the Cummon Elements and Limited
Common Elements allocated to said Unit by the Declaration as amended from time to
time and all rights and easements appurtenant to said Units as specifically enumerated in
that Declaration of Bay Manor Condominium and any Amendments thereto.
Subject to all terms,provisions,conditions,obligations,limitations,restrictions
and easements binding upon the Unit and Unit Owners as more particularly set forth in
that Declaration of Bay Manor Condominium and any Amendment thereto.
,
'A PP
i
t tipS i, PJAGEMENT
F:U, • - FTH CITY

Fllad
Soak: 1427 Pap: 429 c Id:il)t 0062493
951/11/2022 12.38PM Re Enelaa Tax Pd: Z301.00
DARE " REAL ESTATE Do0 Coda: DEED
' 9iw9PRa M CRRY. REGISTER OF DEE09 DnRE CO. NC
COUNTY TRANSFER TAX Ei/o�
L T aa�
I�II�I��III I IIII'I II IIIIII IIIII II�II IIt I�I�I I�I I II 081a 9 002 12ASPM
Land Transfer N.Z o7
Laad Transfer S/SOS
Excise Tax: S 30 f
Recording Time,Book and Page
Tax Lot No. Parcel Identifier No. 002548002
Verified by County on the_day of ,2002
Mail after recording to:Edsall&Epp Attorneys At Law
This instrument was prepared by:John A.Mauney,P.A.(02-229)9
Brief Description for the index Unit 1728B Bay Manor Condominiums
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this the of April,2002 by and between
GRANTOR GRANTEE
Juila Griffin Holliday Rodgerson and husband Jeffery A.Passot
Joseph Rodgerson
13640 Hwy.,14 West Grandy,
Hoy 300
Grandy,NC 27939
Omaha,AR 72662
Pater in appropriate black fa each party:nanx,address and it appropriate,character ofet6y,e.x.,corporation or parWmh ip.
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include
singular,plural,masculine,feminine or neuter as required by context.
W ITNESSETH,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
Atlantic Township,Dare County,North Carolina and more particularly described as follows:
See Attached Exhibit A
Joseph Rodgerson joins in this conveyance for the purpose of granting, conveying and transferring all of his
common law and statutory marital rights unto the grantee and for the purpose of releasing and conveying his
rights under G.S.50-20 et.sea.to equitable distribution with respect to the property described herein
z�ANFIVED
APR I 2na3
----- ,T, ,, x T
I.,;�iNAUEMEiV

6062493
111NIIIIl111111111111iliNll it 11111111113 1111 IN 6;rml,2©02 32 35PM
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1286,Pages 0123-0125.
A reap showing the above described property is recorded in Unit OwnershipFile 5,Slide 194-195,
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee
simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1.Easements and restrictions of record.
2.Ad valorem taxes for the year 2002,not yet due and payable.
IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Drectors,the day and
year first above written.
C),
Julia riff' olli a Rodger n
cz s� (SEAL)
oseph R6dgerson
STATE OF/Ut7 f 41n CMG to I i nc�
SEAL-STAMP COUNTY OF 1�c}2
0\tthiT ZZ I,the undersigned,a Notary Public of the County and State aforesaid,certify that Julia Griffin Holliday
�o N Rodgerson and husband,Joseph Rodgerson,Grantors,personally appeared before me this day and
Z 4 r acknowledged the execution of the foregoing instrument.Witness my hand and official stamp or seal,
this Ch day of April,2002.
C <�
NgAR(1c �� My commission expires:D y-I S-01D 0 Z r r l K V V(�
�b1lltil 0 Notary Public
The fo ego' Certificates)o
is/are certified to be correct.This instrument
and this certificate are duly registtcr\ed at?he�date and time and in the Book and Page shown on the first page hereof.
( M lit REGISTER OF DEEDS FOR DARE COUNTY
By Deputy/AseistaaYRegister of Deeds.
IVE1
APR R h 1 2-11?
J
COASTAL MANAGEMENT
Fl.l:?A.,r,F T H CITY
N.C.Bar Assoc.Form No.3 9 1977
Printed by Agreement with the N.C.Bar Assoc.
a003

I ffII lIlI II IIJIJI ++IIII 1 II���II�IIII IN 06 0 3 of 32:36PM
EXHIBIT A
Unit 1728B Bay Manor Condominium
Being known and designated as Unit 1728B of Bay Manor Condominium,as shown on
the plat and plans of Bay Manor Condominium,recorded in Unit Ownership File 5 at slides Ily--ffs
in the office of the Public Registry of Dare County,North Carolina.
Together with the undivided interest in the Common Elements and Limited Common
Elements allocated to said Unit by the Declaration as amended from time to time and all rights
and easements appurtenant to said Units as specifically enumerated in that Declaration of Bay
Manor Condominium and any Amendments thereto.
Subject to all the terms,provisions,conditions,abligadons,limitations,restrictions and
easements binding upon the Units and Unit Owners as more particularly set forth in that
Declaration of Bay Manor Condominium and any Amendments thereto.
APR 2 ;^
':-,OA5TAL MANAGEMENT
ELIZA13E'TH CITY