89-03 Paley-Midgett Company, LLC

r
Permit Class Permit Number
NEW 89-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermi t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Paley-Midgett Company, LLC, PO Box 250, Hatteras,NC 27943
Authorizing development in Dare County at Askins Creek, off NC 12, at Askins Creek
S/D. Avon , as requested in the permittee's application dated 12/5/02(MP-1 &3).12/7/02(MP-
5)&letter dated 5/30/03),including attached the workplan drawings(3),Sheets 1 &2 of 2 both dated revised 3/5/03& 1 dated received 6/30/03.
This permit, issued on July 11,2003 , 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.
Subdivision Development
1) This permit authorizes only the land disturbing activities associated with establishment of the Askins
Creek Subdivision that is expressly and specifically set forth in the permit application and depicted on
the attached workplan drawings. Any additional land disturbing activities and/or construction on
individual lots, including the construction of single-family homes, shall be evaluated on a case-by-case
basis by a representative of the Division of Coastal Management to determine additional permit
requirements.
2) This permit does not authorize any dredging activities within Askins Creek.
NOTE: The permitte is advised that future requests for dredging activities within Askins Creek may
not to be authorized due to potential impacts to juvenile fish and invertebrates.
(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.
Any maintenance work or project modification not covered ll Don offitt, Director
lvision of Coastal Management
hereunder requires further Division approval. g
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

Paley-Midgett Company, LLC Permit#89-03
Page 2 of 4
ADDITIONAL CONDITIONS
NOTE: The permittee should conduct a survey for the seabeach amaranth to determine if development of
the subdivision, particularly along the Pamlico Sound where the species has been observed,
could impact this species. This survey shall be coordinated with the NC Wildlife Resources
Commission, and survey results provided to the Division of Coastal Management and the NC
Wildlife Resources Commission prior to the commencement of any development authorized by
this permit.
3) The 19,564 square feet of wetlands to be preserved as compensatory mitigation for this project will be
recorded with the available deed as a conservation easement prior to development of this property as
stated in the attached letter dated 5/20/03 and as agreed to by the U.S. Army Corps of Engineers
(USAGE). A copy of the recorded deed shall be provided to the USACE and the Division of Coastal
Management prior to the commencement of any activities authorized by this permit.
4) The alignment of the authorized roadway, bridge and bridge approaches shall be staked within a
maximum of 30 days prior to the start of construction, and shall be confirmed on-site by a representative
of the Division prior to the commencement of any construction of the road and bridge.
5) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the
alignment of the fill area indicated on the workplan drawing dated received 6/30/03.
6) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
7) The fill material will be clean and free of any pollutants except in trace quantities.
8) All fill material will be obtained from a high round source and confined by an appropriate erosion
control device until the material is sufficiently stabilized.
9) All excavated and fill materials will be confined above the normal water level and landward of regularly
or irregularly flooded marsh behind adequate retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
10) No land disturbing activities are authorized within 30 feet of the normal water level except that which is
necessary to construct the approaches to the authorized bridge.
11) All land disturbing activities associated with the directional boring under Askins Creek must take place
at least 30 feet from the normal water level.
12) The permittee shall take all necessary precautions to minimize damage to any wetland areas during the
construction of the permitted bridge. Construction mats shall be used when crossing any wetland area.
Any spoil material resulting from the installation of the bridge shall be removed from the wetland area
to an approved high ground location.
13) At no time shall building materials or construction debris be stored, stockpiled or left in any wetland
area.

Paley-Midgett Company, LLC Permit#89-03
Page 3 of 4
ADDITIONAL CONDITIONS
Easement
14) Prior to commencement of any development activities associated with the crossing of Askins Creek, the
permittee must apply for and receive an Easement from the Department of Administration's State
Property Office.
Sedimentation and Erosion Control
15) The N.C. Division of Land Resources (DLR) approved an Erosion and Sedimentation Control Plan
(DLR Project No. Dare-2002-008) for this project on 2/21/03. Any violation of the plan approved by
the DLR will be considered a violation of this CAMA permit.
16) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
17) 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.).
18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Stormwater Management
19) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7030210 on 3/10/03. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
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.
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 high water level.
NOTE: The permittee is advised that this is a mosquito breeding area, and construction plans and
operations should include an awareness of this. The permittee is further advised to contact
Public Health Pest Management at [phone] to arrange a site visit or for information to
help prevent the creation of more mosquito habitat.

s
f
Paley-Midgett Company, LLC Permit#89-03
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The permittee is advised to contact the local health department regarding their requirements for
septic tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information
concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater
Section at [phone].
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
030397.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310502.

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 14, 2003
Paley-Midgett Company,LLC
P.O. Box 250
Hatteras,NC 27943
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. 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 113A-121.1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor, it 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.
Sincerely, ,r
(a,A. V
P
c� r�
Douglas V. H
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

R
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Paley - Midgett, LLC
PROJECT NAME : Askin's Creek Bridge and Approach, Askin's Creek Subdivision
2 LOCATION OF PROJECT SITE: Avon, west of NC 12, end of Askin's Creek Road, nature creek
to the Pamlico Sound
Photo Index - 2000: 174-2038, K 14; 1995: 174-1781, I 8; Digital Photo Index Nos.: 4715 - 4720
State Plane Coordinates : X: 3040000; Y: 588400 GPS : CO21317A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/5/2003; 2/13/2003
Was Applicant Present - Yes (Agent)/no
5. PROCESSING PROCEDURE: Application Received Complete - March 28, 2003
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands
(C) Water Dependent: yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - none at this time; Planned - Soil & Erosion Plan /
Stormwater Certificate
(F) Type of Structures: Existing- none at this time; Planned - 2 lane elevated wooden bridge
(G) Estimated Annual Rate of Erosion: NA
Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
EXCAVATION FILL SHADING
(A) Coastal Wetlands (B) 1,000-sf/0.02 A (A) 600 sf/0.01 A
(B) US ACE Jurisdictional
Wetlands
(C) Public Trust/Estuarine 2,250 sf/0.05A
Waters
(D)Estuarine Shoreline (D) 4,500 sf/ 0.1OA
(E)Upland (outside of AEC) (E) 30,000 sf/ 0.69A
(F) Total Area Disturbed: approximately 34,500 sf., 0.79 A
(G) Primary Nursery Area: No
(H) Water Classification: SA; closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the construction of approximately 0.3-of a mile of asphalt
roadway, including a 30-ft wide two lane wooden, pile supported, elevated bridge over Askin's Creek to provide
access to the Askin's Creek Subdivision in Avon, Dare County. The project also includes the directional boring
underneath the adjacent wetland and creek areas for subdivision utility service.

R
Askin's Creek Subdivision Bride and Approach, Pale Mid ett LLC Dare Count
g PP � Y - g Y
Page 2
FIELD INVESTIGATION REPORT
Project Setting
The application site is located west of NC 12 in the Village of Avon, at the end of Askin's Creek
Road in Dare County. The site consists of over 24-acres, and has been subdivided into 25-
different lots of various sizes that are part of the Askin's Creek Subdivision. According to the
North Carolina General Warranty Deed provided with the CAMA application, the lots and
subdivision are owned and being developed by the applicant, Paley - Midgett, LLC. This
subdivision has already been approved by Dare County. According to the prepared platwork and
permit application, the two closest adjacent riparian property owners, not related or directly
affiliated with the applicant are Richard Tinsdale and the Outer Banks Kinnakeet, Inc.
Portions of the site, directly adjacent to the Askin's Creek, are approximately 1 to 2 -ft above the
NWL. However, the elevation quickly rises to over 4-ft above the NWL, at a distance of 15
landward of the NWL. The land areas are vegetated in both upland and wetland type vegetation.
While the existing wetland fringe found along the shoreline of Askin's Creek is only between 5 to
15-ft wide, areas of the subdivision to the west, along the Pamlico Sound, have areas of coastal
marsh, and wetlands 100 to 200-ft wide or more. Although some wooded canopy of eastern cedar,
live oak, and pine species are located on the site, the area is primarily vegetated in an under-story-
ground cover of wax myrtle (Myrica cerifera), yaupon holly, sweet bay magnolia (Magnolia
virginiana), palmetto, sea oxeye (Borrichia frutescens), greenbrier, and salt meadow hay(Spartina
patens). The wetland fringe and marsh areas directly adjacent to the Creek and/or the Sound are
vegetated in Spartina alterniflora, Juncus roemerianus, Scirpus spp., Distichlis spicata, Borrichia
frutescens, Myrica cerifera, Iva frutescens, Baccharis halimifolia, and Magnolia virginiana.
Askin's Creek is approximately 60 to 75-ft wide in the vicinity of the proposed bridge alignment.
The water depths vary between 1.0 and 3.0-ft below the NWL. Water depths observed during the
most recent site visit were greater than one foot, at a distance of 10-ft offshore, at NWL. Stream
navigation is limited to canoes and kayaks, as the existing water depths restrict larger vessels, and
the mouth of the Creek is significantly silted in from sand that has been deposited over time from
the Sound. No significant areas of submerged aquatic vegetation were observed from the
shoreline during the application site visits.
An inspection of aerial photography between the years 1995 and 2000 indicates that there have
been some subtle changes to the Askin's Creek drainage and creek shoreline areas. These photos
indicate that since 1995, there appears to be a more predominate connection between the mouth of
the Creek and the Pamlico Sound. In addition, the Creek appears to have more coastal wetlands
along the shoreline, and the channel area of the Creek appears to exhibit more turbidity.
The waters of Askin's Creek carry the same water classification as the Pamlico Sound. The North
Carolina Environmental Management Commission has designated these waters as `SA' waters
(suitable for shellfish propagation and harvesting); however, the waters in this vicinity are closed
to the commercial harvest of shellfish. The North Carolina Marine Fisheries and Wildlife
Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters. During
the site investigation, no shellfish were observed along the water bottom. Juvenile finfish and
some crustaceans were observed within the waters and wetlands along the shoreline.

a
1 ,
Askin's Creek Subdivision, Bridge and Approach, Paley - Midgett, LLC, Dare County
Page 3
FIELD INVESTIGATION REPORT
The Coastal Resources Commission(CRC) has also designated these waters as Estuarine Waters
and Public Trust Areas of Environmental Concern (AEC). Also under the designation of the
CRC, a Coastal Shoreline AEC extends in a contour of 75-ft landward of the NWL. The CRC has
also designated coastal wetland vegetated areas, like those described above, as Coastal Wetland
AEC.
Project Description
The Paley -Midgett, LLC is the applicant for this CAMA Major Permit application. This project
involves the construction of an asphalt roadway and bridge approach, as well as the construction
of a 30-ft wide two lane wooden elevated bridge over Askin's Creek to provide access to the 24 +
acre, Askin's Creek Subdivision. Although the subdivision roadway will eventually be
constructed, this roadway, except for those portions that consist of the bridge approach within the
Estuarine Shoreline, are all outside of any CAMA AEC's. The project also includes the
directional boring underneath the wetland fringe and creek areas for utility installation.
The proposed bridge will cross a portion of Askin's Creek west of NC 12 in Avon. The proposed
structure will connect to a planned roadway extension of an existing hard surface street, Askin's
Creek Road, which already intersects NC 12. The roadway and bridge will be for public use to
access the Askin's Creek Subdivision. The roadway and bridge will be 30-ft in width, and the
alignment will run in an east-west direction. The bridge and approach alignment is approximately
10-ft south of the adjacent Outer Banks Kinnakeet, Inc. property line. The bridge will be elevated
at least 3-ft above the existing wetland marsh fringes on both sides of the Creek, and will be
supported by wood pilings. It is anticipated that steel girders will also be utilized to support the
200-ft long span. The bridge structure will include wood decking and guardrails.
Bulkhead/retaining wall structures will also be used to support the bridge expanse. The bridge
approaches and subdivision roadway will be constructed of asphalt, supported with packed fill
sand and gravel material. It is estimated that a little over 1,400-1f of roadway will be installed
within the subdivision. The bridge approaches and entire road grade will avoid the placement of
fill in any coastal wetland areas. The proposed roadway will result in approximately 1,000-sf of
U. S. Army Corps of Engineers (USACE)jurisdictional wetland fill on, or near lot 65 on the west
side of the proposed bridge. The N. C. Division of Land Quality has already approved an
Erosion and Sedimentation Plan for the subdivision project, and a copy of the approval letter has
been included with the CAMA Major Permit application.
The proposed utilities will be directionally bored below the existing wetland fringes and the creek
bottom. The utility alignment will be approximately 10-ft south of the bridge alignment, and will
be installed 10-ft beneath the creek bottom.

Askin's Creek Subdivision, Bridge and Approach, Paley - Midgett, LLC, Dare County
Page 4
FIELD INVESTIGATION REPORT
Anticipated Impacts
The anticipated impacts of this project are associated with the proposed 1,400-ft, long roadway,
the bridge structure, and approaches as discussed above. This development will result in the filling
of approximately 1,000-sf of US ACE jurisdictional wetlands and 4,500-sf of Estuarine Shoreline
that is upland. The roadway construction will also result in at least 30,000-sf of upland land
disturbance and filling. In addition, some temporary impacts can be expected from the utility
lines that will be installed, including additional land disturbance and sedimentation that may result
in creek turbidity from the associated runoff. The actual construction will result in turbidity to
adjacent waters, and will disturb wildlife habitat.
The most significant impact that can be anticipated from the proposed development will be the
cumulative impacts from the future subdivision development, associated with both the possible
additional filling of adjacent USACE jurisdictional wetlands that currently exist, as well as the
upland development. Increased stormwater runoff will probably be the most significant impact
associated with this future residential development. Although the application indicates that the
proposed development of the bridge and roadway will not exceed over an acre of land disturbance,
it is anticipated that the roadway and bridge construction will in fact, result in greater than one
acre of impacts, and stormwater concerns should be addressed prior to any actual subdivision
development, including bridge construction.
Because this development will result in the creation of over 24-acres with 25-separate residential
home sites located adjacent to waters and wetlands, the discovery of cultural resources is great.
Hatteras Island is known to be rich in archaeological and cultural resources. An inspection of
cultural resources mapping data indicated that archaeological, or cultural resource findings have
been recorded on these maps in the Avon area. This review indicates that a site has been identified
in close proximity to this project..It is important to reiterate that Hatteras Island has a rich heritage
in cultural resources, and these maps have not been updated in at least 10 years. The potential for
the discovery of additional cultural or historical resources is possible.
Submitted by: Dennis W. Hawthorn
Date: March 24, 2003

w
RECEIVED
APPLICATI4N SPAR 0 7 2003
(To be completed by all applicants) 'G.AS TAL MANAGEMENT
ELIZABETH CITY
1. APPLICANT c. Street address or secondary road number
End of Askins Creek Road
a. Landowner: d. Is proposed work within city limits or planning
jurisdiction?
Name Paley Midgett Company, LLC X Yes No
Address PO Box 250 e. Name of body of water nearest project (e.g. river,
creek, sound,bay) Pamilco Sound
City Hatteras State NC
Zip 27943 Day Phone [phone]
3. DESCRIPTION AND PLANNED USE
Fax N/A OF PROPOSED PROJECT
b. Authorized Agent:
a. List all development activities you propose (e.g.
Name Ouible&Associates,P.C. building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address PO Drawer 870 Construction of a vehicular bridge over a section of Askins
Creek for access to an approved single family development.
City Kitty Hawk State NC
Zip 27949 Day Phone[phone] b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
Fax [phone] c. Will the project be for public, private or commercial
use? Private
c. Project name (if any) d. Give a brief description of purpose, use, methods of
Askins Creek Bridge &Approach construction and daily operations of proposed project.
If more space is needed, please attach additional
NOTE.- Permit will be issued in name of landowner(s),and/or pages. The purpose of the proposed proiect will be to
project name. access an approved development by constructing a two lane
bridge over Askins Creek. The bridge will be pile
supported structure that will extend over the existing 404
wetlands and coastal marsh. All utilities are to be
2. LOCATION OF PROPOSED directionally drilled under the existing wetlands and creek.
PROJECT Both the 6"water main and the conduit for the underground
utility will be two separate 6" directional drillings.
a. County Dare
b. City,town, community or landmark
Avon

�,{may t
a.'4;,N FIVE®
Form DCM—MP- 1
MAR ® 7 ?n�,3
COASTAL MANAGEMENT
ELIZAB TH CITY
(Attach documentation, if available)
4. LAND AND WATER in. Describe existing wastewater treatment facilities.
CHARACTERISTICS None
a. Size of entire tract 1,051,538 SF (24.14AC.) n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) Size Varies, see enclosed wastewater, industrial/commercial effluent, "wash
plat down" and residential discharges.) Surface runoff
c. Approximate elevation of tract above MHW o�
4.5' o. Describe existing drinking water supply source.
Public water supply.
d. Soil type(s) and texture(s) of tract
DtA-Duckston-fine sand, CoB -Corolla fine sand
5. ADDITIONAL INFORMATION
e. Vegetation on tract Juniperus virginiana. Myrica
cerifera Ilex vomitoria, Juncus roemeranus, In addition to the completed application form, the
Toxicondendron radicans, Txpha latifolia, Baccharis following items must be submitted:
hami olia Ouercus virginiana Spartina alternaflora,
Spartina patens.. • A copy of the deed (with state application only) or
other instrument under which the applicant claims title
f. Man-made features now on tract none to the affected properties. If the applicant is not
claiming to be the owner of said property,then forward
g. What is the CAMA Land Use Plan land classification a copy of the deed or other instrument under which the
of the site? (Consult the local land use plan) owner claims title, plus written permission from the
Conservation X Transitional owner to carry out the project.
_Developed Community
Rural Other • An accurate, dated work plat (including plan view
h. How is the tract zoned by local government? and cross-sectional drawings) drawn to scale in black
RSl ink on an 8 %s" by 11" white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
i. Is the proposed project consistent with the applicable description.)
zoning? X Yes No
(Attach zoning compliance certificate, if applicable) Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
j. Has a professional archaeological assessment been prints or other larger plats are acceptable only if an
done for the tract? Yes X No adequate number of quality copies are provided by
If yes, by whom? applicant. (Contact the U.S.Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
k. Is the project located in a National Registered Historic or location map is a part of plat requirements and it
District or does it involve a National Register listed or must be sufficiently detailed to guide agency personnel
eligible property? unfamiliar with the area to the site. Include highway or
Yes X No secondary road(SR)numbers,landmarks,and the like.
1. Are there wetlands on the site? X Yes _No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? Yes
See enclosed plat.
RPV1CPf� ni/ag)

Form DCM—MP- 1
MAR 0 7 2.003
,OAS 7L MAN-!GB*
Iff
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERMISSION
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and TO ENTER ON LAND
signed return receipts as proof that such owners
have received a copy of the application and plats by I understand that any permit issued in response to this
certified mail. Such landowners must be advised that application will allow only the development described in
they have 30 days in which to submit comments on the the application. The project will be subject to conditions
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant and restrictions contained in the permit.
further certifies that such notice has been provided. I certify that to the best of my knowledge, the proposed
Name Outerbanks Kinnakeet, INC. activity complies with the State of North Carolina's
Address PO Box 1411,Manteo,NC 27954 approved Coastal Management Program and will be
Phone conducted in a manner consistent with such program.
Name Richard Tisdale I certify that I am authorized to grant,and do in fact,grant
Address 1212 King_sway Drive,Chesapeake,VA 23320 permission to representatives of state and federal review
Phone agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address project.
Phone
I further certify that the information provided in this
• A list of previous state or federal permits issued for application is truthful to the best of my knowledge.
work on the project tract. Include permit numbers,
permittee,and issuing dates.
This is the 5`h day of December, 2003.
None
Print Name Douglas A.Dorman Agent for Paley-Midgett
• A check for$250 made payable to the Department of ` �/�'`' !l
Environment,Health,and Natural Resources(DEHNR) Sign ature g_�i
to cover the costs of processing the application. Landowner or Authorized Agent
• A signed AEC hazard notice for projects in Please indicate attachments pertaining to your proposed
oceanfront and inlet areas. project.
• A statement of compliance with the N.C. DCM MP-2 Excavation and Fill Information
Environmental Policy Act(N.C.G.S. 113A-1 to 10) X DCM MP-3 Upland Development
If the project involves the expenditure of public funds DCM MP4 Structures Information
or use of public lands, attach a statement documenting X DCM MP-5 Bridges and Culverts
compliance with the North Carolina Environmental DCM MP-6 Marina Development
Policy Act.
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
RP\riQGri

Form DCM—MP-3
. 'k FIVE®
UPLANDMAR n 7 ?nn3
CUASTAL MANAGEMENT
DEVELOPMENT
EL'ZABE.rH CITE'
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this i. Describe proposed method of sewage disposal.
proposed project. Individual on site wastewater systems
a. Type and number of buildings, facilities, units or
structures proposed No buildings proposed at this j. Have the facilities described in Item i. above received
time Asphalt road and bulkhead at bridge approach state or local approval? No
are to be constructed. (Attach appropriate documentation)
b. Number of lots or parcels 25 k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
c. Density(give the number of residential units and the "wash down" and residential discharges).
units per acre) 25 single family residences. 15,000 sf Runoff from buildings and paved parking aeas will
minimum lot size. be routed to and treated by stormwater retention
system.
d. Size of area to be graded,filled or disturbed including 1. Describe proposed drinking water supply source(e.g.
roads, ditches, etc. 74,584 SF (1.71 acres) total. well, community,public system, etc.)
Roads=33,727 sf, ditchs & grading=40,857 s£ Dare County public water supply
in. Will water be impounded? Yes X No
e. If the proposed project will disturb more than one acre If yes, how many acres?
of land,the Division of Land Resources must receive
an erosion and sedimentation control plan at least 30 n. If the project is a oceanfront development,when was
days before land disturbing activity begins. If the lot(s)platted and recorded? N/A
applicable, has a sedimentation and erosion control
plan been submitted to the Division of Land
Resources? X Yes No Askins Creek Subdivision
If yes, date submitted 2/3/03, issued 2/31/03 Applicant or Project Name
f. List the materials (such as marl,paver stone,asphalt, Sign atu Doug Dorman-Quible&Associates,PC(agent)
or concrete)to be used for paved surfaces. Asphalt December 5, 2003
& Concrete Date
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 2.2%
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 Environmental Management for review?
X Yes No
If yes, date submitted 2/3/03
P.";—A nq /ar�

v
Form `DCM-MP-5
„k : C OE®
BRIDGES AND MAR p 7 7-111�
COASTAi..04NAGEMENT
CULVERTS
Et I7A(_��4 CITY
Attach this form to Joint Application for CAMA Major i. Height of proposed bridge above wetlands. The
Permit, Form DCM-MP-1. Be sure to complete all other height varies.There will be a minimum of T clearance
sections of the Joint Application that relate to this from wetlands.
proposed project.
j. Will the proposed bridge affect existing water flow?
Yes X No
If yes, explain
1. BRIDGES
a. Public X Private
k. Navigation clearance underneath proposed bridge
b. Type of bridge (construction material) 8 ft. from NWL to the bottom of bridge.
Wooden bridge construction
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable opening?
c. Water body to be crossed by bridge X Yes No
Askins Creek If yes, explain Bridge pilings will somewhat reduce
the navi ag bilily of the creek, however the creek is
d. rdepth at the proposed crossing at MLW or limited to very shallow draft water craft that can
2.4 ft max. center of creek at bridge crossing navigate over the excessive shoaling. The small water
craft that can reach the proposed bridge should not be
effected by the piling_supports for the bridge.
e. Will proposed bridge replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge
(2) Width of existing bridge m. Will the proposed bridge cross wetlands containing no
(3) Navigation clearance underneath existing navigable waters? Yes X No
bridge If yes, explain
(4) Will all, or a part of, the existing bridge be
removed? (Explain)
n. Have you contacted the U.S.Coast Guard concerning
f. Will proposed bridge replace an existing culvert(s)? their approval?
Yes X No Yes X No
If yes, If yes, please provide record of their action.
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above Askins Creek Subdivision
the MHW or NWL Applicant or Project Name
(4) Will all, or a part of, the existing culvert be
removed? (Explain) Signature DougDorman-Quible&Associates,PC(agent)
December 7,2003
Date
g. Length of proposed bridge 200'
h. Width of proposed bridge 30'
n_-.c__-3 no Ina

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Paley-Midgett Company, LLC County: Dare
LOCATION OF PROJECT: End of Askin's Creek Road, west of NC 12 in Avon adjacent to Pamlico
Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 03/28/03 RECEIVED
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO APR 0 �. 2003
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES 0K0F0WXMWGB1ENT
FIELD REPRESENTATIVE: Hawthorn DISTRICT OJFFICE: Elizabeth City RALEMH
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ OD,,0
PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: �/�310,E
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON: -/
C) 75 DAY DEADLINE: 6L//ZQ3 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: 3,/e/G FED COMMENTS REC'D: ez-121-11
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management- Regional Representative j `j j G
Coastal Management- LUP Consistency /-3✓�3 �/
Division of Community Assistance 41410 ✓
Land Quality Section /�G �' St£ / Ca sru `✓�`1`O
Division of Water Quality 6130
Storm Water Management(DWQ) 61� 'lv3 ✓ � .lP
State Property Office ;/ �tnr�e may" �'vu�ci✓
Division of Archives & History -�,5—/v3 y
Division of Environmental Health s 6T ✓ 1T
Division of Highways �l.�-5 03 ✓'
Wildlife Resources Commission p
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)

?7-o3
_ Permit#
DCM Coordinator: dS'
MAILING DISTRIBUTION:
Permitee: I",G4;!5y—AI DG;2 r
Agent: !!SG
DCM Field Offices:
Elizabeth City
Morehead City
�alachin nn
W�1
US Army Corps of Engineers (USACE):
Washington: ��r;tP Roil n.Trr�nT)
B 914W41ee�CDO T)
Raleigh Bland
Wilmington: D e Zcker
py (NCDOT)
He
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: GinttBmoks t2ldltl f-ourt,S,�
State Property Office: Joseph Henderson
Water Quality: John Dorney
Water Resources: John Sutherland J
Wildlife Resources: David McHenry
Day4Ge�,-�OT)
FAXING DISTRIBUTION:
Per ee-a�-
Agent at ,?6w o?G 1
L
DCM Field Offices:
Elizabeth City
Morehead City
Wffmir�,, on
US Army Corps of Engineers (USACE):
Washington: Mil )
BillSu d eco CDOT)
Raleigh Bland
Wilmington: v impy(NCDOT)
H Wicker
Updated as 2/7/03

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
AUG 1 1 ZOUJ
ON.OF%PWRI LMANACE"
Action ID No. 200310502 and State Permit No. 89-03 RALINOM
Paley-Midgett Company,LLC
Post Office Box 250
Hatteras,North Carolina 27943
Dear Sirs:
Reference your revised application for a Department of the Army(DA)permit to place
fill material within wetlands and construct a bridge and an access road, on property located
off NC Highway 12, adjacent to Askins Creek and the Pamlico Sound, in Avon, 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,
U)
Raleigh Bland, P.W.S.
Regulatory Project Manager,

a
-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
ivision 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

-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

6-30-03; 5: 19PM;Qui0le and Assoc. ; 1 252 261 1260 # -. --
�k WA7- Mich wl F.E"Liy,Covema
William G.Ras jr,Secretary
(� G North C aroliva Dcparancnr of BnYlropraaat and I4rtursl Rrsourcw
r Alan W.krll n",P,P.,1)ircctor
r --I DSYi71oa Ql'Watar QUallty
17 `� Cole=14,SLr11i11N,Doputy Dimctx
Dirisioa d Watar Quaiiry
June 25, 2003
Dare County
DWQ Project# 03-0397
WAIVER of 401 Water Quality Certification
Paley-Midgett Company, LLC
C/o Mr. Douglas Dorman
P.O. Sox 250
Hatteras, NC, 27943
Dear Mr. Dorman:
Your application for a 401 Water Quality Certification to construct an access road to the Askin's
Creek Subdivision in Avon, Dare County was received in the Division of Water Quality's Central Office
on April 3, 2003. According to our rules (15A NCAC 2H .0507 (A)], if final action is not taken within 60
days, the Certification is waived unless DWQ has objected in writing to your application. Therefore,
DWQ has waived the requirement for a 401 Water Quality Certification for your plans to impact waters
as described in your April 3, 2003 application materials.
However, if additional impact occurs or your development plans change, this waiver is no longer
valid and a 401 Water Quality Certification will be required.
If you have any questions, please telephone John Dorney or Cyndi Karoly at 919-733-1786.
Sincerely,
C��,ro—
e-111 John H. Domey
JRD/cbk
Cc: DWQ Washington Regional Office
Washington Regulatory Field Office, U.S. Army Corps of Engineers
Wilmington District Office Corps of Engineers
Central Files
File Copy
Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949
030397
N.C.Division of Water Quality,401 Wetlands Ce tificadon Unit,
1650 Maul Service Center,Raleigh,NC 27699-1650(Mailing Addrea6)
2321 CrabPrcc Blvd, Raleigh,NC 27604.2260(Location)
[phone](pllone),919-713-6893(Pax).(p_pt :/lh2o.enrstaic.nc.uslnewcllundz)
Customer Service 1-377-623-6743

Ake
FqCDENR
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
June 11, 2003
Paley-Midgett Company, LLC
PO Box 250
Hatteras, NC 27943
Dear Sirs:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and state dredge and fill permit to undertake development of an access road
and elevated bridge over Askin's Creek in the Askin's Creek Subdivision in Avon, 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 August 25, 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,
Jeff Schaffer
Asst. Major Permits/Consistency Coordinator
cc: Dennis Hawthorn—DCM, Elizabeth City
DCM, Morehead City
Doug Dorman, Quible and Associates, P.C., PO Drawer 870, Kitty Hawk, NC 27949
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

RECEIVED
AAA JUN 13 2003
NCDENR Cl(o °"•0FC0�,� ``'T
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, DCM Major Permits Processing
FROM: John A. Thayer Jr. AICP NE DCM District Plan r
Through: Ted Sampson, DCM NE District Manager
SUBJECT: Major Permit Request by Paley-Midget, LLC, Askin's Creek Subdivision, A
Proposal to Construct about .3 of a Mile of Roadway & Elevated 30 Ft. Wide
Bridge Over Askin's Creek, Off Askin's Creek Drive, (SR 1279) off NC 12, in
Avon, Dare County.
DATE: June 9, 2003
Consistency Determination: The project proposal is consistent with and not in conflict w/the
Dare County 1994 Land Use Plan certified by the CRC on July
29, 1994, amended January 23, 1998, and amended May 28,
1999.
Overview: The applicant proposes to construct a roadway, as an extension of Askin's Creek
Drive for a 65-lot subdivision located adjacent Askin's Creek and the Pamlico Sound.
Anticipated impacts associated with this request includes but not limited to: the filling of about
1,000 sf. of Coastal Wetlands, and 4,500 sf. of Estuarine Shoreline AEC.
Basis for Determinations: The Dare County Land Classification Map identifies the area
adjacent to Hatteras Village and the Pamlico Sound as within the "Limited Transition"
Classification. Note County policy recognizes that all AEC areas also qualify for the
"Conservation"Classification. Applicable related County policy is as follows:
Coastal Wetlands: Policy 2.1.2 (a) page 52.
"Dare County advocates the use of existing state and federal regulatory programs as
adequate measures for protecting and preserving coastal wetland areas of
environmental concern."
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

r �
DEPARTMENT OF THE ARMY
� l�jgb WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
June 9, 2003
Regulatory Division ©ECE'VEv
Action ID No. 200310502 �"1
JUN 12 2003
CW.OF CO 6T G T
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 the Paley-Midgett Company for a Department of the
Army (DA) permit to place fill material within wetlands and construct a bridge and an access
road, on property located off NC Highway 12, adjacent to Askins Creek and the Pamlico Sound,
in Avon, 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. This permit does not authorize any dredging activities within Askins Creek and further
advises the permittee that future requests for dredging activities within Askins Creek are not
likely to be authorized due to potential impacts to sub-adult fish and invertebrates.
3. The 19,564 square feet of wetlands to be preserved as compensatory mitigation for this
project will be recorded with the available deed as a conservation easement prior to development
of this property.
4. No vegetated wetlands will be excavated or filled outside of the authorized area.

-2-
5. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands are not authorized.
6. 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.
7. 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.
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
W_ "
Raleigh Bland, P.W.S.
Regulatory Project Manager
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

-3-
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 294 1 2-9 1 1 0
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. 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

J
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
May 22, 2003
Regulatory Division RECEIVED
Action ID. 200310502 MAY 2 7 2003
DiV.OF COASTAL MANAGEMENT
RALEIGH
Paley-Midgett Company, LLC
Post Office Box 250
Hatteras, North Carolina 27943
Dear Sirs:
On April 3, 2003, we received your application for Department of the Army (DA)
authorization to place fill material within wetlands and construct a bridge and an access
road, on property located off NC Highway 12, adjacent to Askins Creek and the Pamlico
Sound, in Avon, Dare County, North Carolina.
After review of your proposal, the National Marine Fisheries Service recommended
revision of your application and plans by letter dated May 5, 2003 (copy enclosed).
These recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. In this regard, I would
appreciate being made aware of your intentions, in writing, on or before June 6, 2003.
Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone
[phone], extension 23, is responsible for processing your application and is
available to assist you in coordinating with the review agencies.
Sincerely,
� U klivj
Kenneth Jolly, P.W.S.
Chief, Regulatory Division
Enclosures

-2-
Copies Furnished (with enclosures):
Mr.Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South '
Elizabeth City,North Carolina 27909
Quible&Associates, PC
Post Office Drawer 870
Kitty Hawk, North Carolina 27949
Copies Furnished(without enclosures):
M . Doug Huggett
ivision of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638
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
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726

-3-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

K ~ Q
� J
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
May 21, 2003
Regulatory Division
Action ID. 200310502
Paley-Midgett Company, LLC
Post Office Box 250
Hatteras, North Carolina 27943
Dear Sirs:
On April 3, 2003, we received your application for Department of the Army (DA)
authorization to place fill material within wetlands and construct a bridge and an access road,
on property located off NC Highway 12, adjacent to Askins Creek and the Pamlico Sound, in
Avon, Dare County, North Carolina.
After review of your proposal, the United States Fish and Wildlife Service recommended
revision of your application and plans by letter dated May 6, 2003 (copy enclosed). These
recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. In this regard, I would
appreciate being made aware of your intentions, in writing,on or before June 5, 2003.
Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone
[phone], extension 23, is responsible for processing your application and is
available to assist you in coordinating with the review agencies.
Sincerely,
b`
�
S. Kenneth Jolly, P.W.S.
Chief, Regulatory Division
Enclosures

go
A
-2-
Copies Furnished (with enclosures):
RECEIVE
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office MAY 2 7 20
North Carolina Division of Coastal Management DIV OF COASTAL MANAGEMEN-
1367 U.S. 17 South RALEIGH
Elizabeth City, North Carolina 27909
Quible & Associates, PC
Post Office Drawer 870
Kitty Hawk, North Carolina 27949
Copies Furnished (without enclosures):
Mr. Doug Huggett
Divi§i6ri-6 oast- - - anagem6rit -
Xrth Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638
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
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726

ti
r
-3-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Aria
FqCDENR
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
May 14, 2003
RECEIVED
Mr. Doug Dorman
Quible &Associates, PC MAY 1 0 2003
P.O. Drawer 870
Kitty Hawk,North Carolina 27949 DIV.OFCOASTALMANAGEMENT
RALMaH
Dear Mr. Dorman:
This letter is in reference to your correspondence of April 21, 2003 and May 6, 2003 requesting
authorization for small revisions to the CAMA Major Permit #117-01 work plat concerning the location
of previously approved fuel dispensing and storage equipment at the Teach's Lair/Paley-Midgett
Partnership located on NC 12, in the Village of Hatteras in Dare County, along the waters of the Pamlico
Sound. This permit was issued on October 12, 2001. This permit authorized bulkhead shoreline
stabilization, reconfiguration of existing dockage, and boat ramps, as well as basin and channel
maintenance excavation, rock groin construction, and the replacement of existing upland development
located at the marina. This permit also authorized the replacement and relocation of existing fuel
dispensing and storage equipment.
Your request to add and alter the fuel dispensing unit locations within this man-made basin and marina,as
represented in the submitted plat, revised April 20, 2003, and related attachments received by this office
on April 23 and May 8, 2003, has been reviewed by this office.
This letter of refinement hereby authorizes these requested revisions. All permit conditions,including the
December 31, 2004 expiration date,remain in effect. Your request letter,revised platwork,and this letter
of refinement are part of your permit file, and construction should be accomplished according to these
approved documents.
If you have any questions, please call Dennis Hawthorn of myself in our Elizabeth City office at (252)
264-3901.
Sincerely,
ed Sam n
District Manager
Cc: Charles S. Jones, Assistant Director, MHC, DCM
Doug Huggett, Major Permit Coordinator,DCM
Jeff Schaffer, Assistant Major Permit Coordinator,DCM
John Dorney, DWQ
Tom Walker and Raleigh Bland,USACOE
Paley-Midgett Partnership, PO Box 250, Hatteras,NC 27945
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

P�MENT or TyF United States Department of the Interior
o r 'yam
c FISH AND WILDLIFE SERVICE
� a
Raleigh Field Office
Post Office Box 33726 DECEIVED
�4gCH Raleigh,North Carolina 2763&3726
MAY 0 8 2003
May 6, 2003
DIV.OF COASTAL MANAGEMENT
GH
Mr. Raleigh W. Bland
U. S. Army Corps of Engineers
Washington Regulatory Field Office
P. O. Box 1000
Washington,North Carolina 27889-1000
Subject: ID No. 200310502,Askin's Creek Subdivision, Dare County, NC
Dear Mr. Bland:
This letter provides the comments of the U. S. Fish and Wildlife Service(Service) on the subject
Public Notice (PN), dated April 8, 2003. The applicant,Paley-Midgett,LLC,has submitted an
application for processing under the Coastal Area Management Act(CAMA)-Corps permit
processing agreement. The PN addresses a proposal to construct 0.3 of a mile of asphalt road
that would include a 30-foot wide,two-lane bridge over Askin's Creek which flow into Pamlico
Sound south of the Village of Avon. These comments are submitted in accordance with the Fish
and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661-667d) and section 7 of
the Endangered Species Act(ESA) of 1973, as amended(16 U.S.C. 1531-1543). They are to be
used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your
public interest review(33 CFR 320.4) as they relate to protection of fish and wildlife resources.
The project area is on a barrier island between the communities of Avon and Buxton. The
subdivision contains both upland and wetland vegetation. The National Wetland Inventory
(NWI)map shows that Askin's Creek is an estuarine waterway that drains west into Pamlico
Sound. The estuarine wetlands bordering the creek include both emergent vegetation and scrub-
shrub wetlands. According to the Field Investigation Report(FIR) of the North Carolina
Division of Coastal Management, the wetland fringe along the creek varies between five and 15
feet wide.
Estuarine emergent wetlands, i.e., salt marsh, serve as a natural shoreline protector from erosive
storm events,provide nutrient uptake, and provide wildlife habitat. Estuarine marshes have high
primary productivity and provide inorganic and organic nutrients to adjacent aquatic
communities. The high primary productivity of salt marshes forms the foundation for the food
chain of many primary (herbivores) and secondary(carnivores) consumers of the area. Many
aquatic invertebrates depend on tidal marshes. The marsh community typically provides nursery
areas for various species of shrimp, crabs, and marine and estuarine fish.

Shrub thickets on the Outer Banks provide essential habitat for many migrating birds. Species
which may be found here include lark and clay-colored sparrows,western kingbird, and
dickcissel. Spring migrants include the scarlet tanager,rose-breasted grosbeak,blue grosbeck,
northern oriole, Blackburnian and bay-breasted warblers, and gray kingbird. Some of the rarest
migrants include the white-winged dove, vermilion flycatcher, scissor-tailed flycatcher, tropical
kingbird, Sprague's pipit, and Townsend's warbler(Fussell 1994,p. 158).
Common residents of Outer Banks maritime scrub-shrub areas include the Carolina wren, gray
catbird, northern cardinal, and boat-tailed grackle(Parnell et al. 1989). Breeding birds include
great crested flycatcher,prairie warbler, yellow-breasted chat, indigo bunting, and field sparrow
(Fussell 1994,p. 148). Other species which use these thickets include rufous-sided towhee,
common yellowthroat, yellow-billed cuckoo, eastern wood pewee, eastern kingbird,white-eyed
vireo, and pine warbler(Fussell 1994,p. 150).
Breeding birds in the wetter shrub thickets include the common yellowthroat and red-winged
blackbird(Fussell 1994,p. 148). Shrub thickets may also harbor the white-crowned and clay-
colored sparrows. Winter residents include the yellow-rumped warbler, yellow-bellied
sapsucker, downy woodpecker,brown creeper,hermit thrush, and both the golden-crowned and
ruby-crowned kinglets (Fussell 1994 p. 151). Quay(1959)noted that the eastern glass lizard,
eastern ribbon snake, eastern hognose snake, black racer, and eastern kingsnake can be found in
shrub thickets.
Project Need, Purpose, and Development of Alternatives
The applicant has a need to access the western portion of the subdivision which is separated from
North Carolina State Road 12,the major north-south highway along Hatteras Island, by Askin's
Creek. The applicant developed only a single alternative to meet this need. According to the
project map developed by the applicant's consultant, Quible and Associates, the project would
provide access to four lots (Lots 41-44) east of the creek and 21 lots (Lots 45-65)west of the
creek. All lots contain some wetlands and wetlands constitute more than half the area of some of
the most western lots. Lot 65 appears to have a jurisdictional wetland between the proposed road
and the most likely building site. This situation would necessitate additional wetland fill for
construction on the site.
Maps obtained on the internet(www.mapquest.com/) indicate that there is an existing road,
Askin's Circle Drive, immediately north of Askin's Creek Drive. This map shows that Askin's
Circle Drive extends to the area north of the western portion of the Askin's Creek Subdivision
and may use a crossing of Askin's Creek. A road running due south of this road would provide
the desired access to the lots west of the creek. The project area map accompanying the PN
shows that cul-de-sacs exist, or are planned, for the area immediately north of the western portion
of Askin's Creek Subdivision. Such development indicates that access already exists to the area
west of Askin's Creek. However, it is unclear whether such access consists of public or private
roads. The Service requests that the applicant supply more information on present roads north of
2

the subdivision, any bridges which already cross Askin's Creek, and the legal status of such
roads and bridges, i.e.,public or private infrastructure. If public infrastructure exists north of
Askin's Creek Subdivision, this should be considered as an alternative to meet the stated need.
Preferred Alternative and Direct Impacts
To access lots within the subdivision,the applicant proposes to construct a 1,400-foot(0.265
mile) asphalt road that would require a bridge across Askin's Creek. This construction would
require filling 1,000 square feet(ft2) of jurisdictional wetlands and 4,500 ftZ of estuarine
shoreline. No wetland compensatory mitigation is proposed.
Secondary and Cumulative Impacts to Non-listed Species
The most significant environmental impacts of providing access to the western portion of
Askin's Creek Subdivision would be the eventual lost of habitat and declines in water quality as
the lots are developed. Some lot owners would find that their home plans and associated
amenities would require the filling of wetlands. The development of homes and driveway would
inevitably increase the amount of impervious surfaces and lead to an increased flow of harmful
substances into Askin's Creek. While such requests would appear small when considered
separately, the cumulative environmental impact is likely to be significant.
Direct and Indirect Impacts of the Preferred Alternative on Federally Protected Species
The Service has reviewed available information on federally threatened or endangered species
known to occur in Dare County. We have also reviewed information from the North Carolina
Natural Heritage Program(NCHNP) database on the reported occurrence of these species in the
project area. Most of the listed species reported from Dare County are associated with beach
habitats, e.g.,the sea turtles, seabeach amaranth, and piping plover, or more densely vegetated
area, e.g, red wolf and red-cockaded woodpecker.
The NCNHP database contains a reported occurrence of the federally threatened seabeach
amaranth on the sound side shoreline near the project area. Seabeach amaranth normally occurs
on barrier island beaches, lower foredunes, and upper strands of non-eroding beaches. It
occasionally establishes small temporary populations in other habitats, including sound-side
beaches and dredge spoil disposal areas. Since the current project would provide access to lots
that would be developed along Pamlico Sound,the applicant should provide an assessment of
seabeach amaranth along the sound side shoreline if any sandy areas occur. Information on this
species is available on our website at www.ne-es.fws-gov/plant/seabeachamaranth..html.
Summary and Recommendations
Considering the high fish and wildlife habitat values provided by Askin's Creek and its
associated wetlands,there should be compelling evidence that all alternatives have been
3

developed and evaluated to avoid the direct and,more importantly,the secondary and cumulative
impacts to these natural areas. In this regard, the.Service recommends that:
1. The applicant should provide additional information on existing roads and bridges north
of the Askin's Creek Subdivision that could provide access to the western portion of the
subdivision without the need for a new bridge;
2. If a thorough evaluation indicates that there are no roads or bridges that would provide
access to the western portion of Askin's Creek Subdivision now, or in the foreseeable
future, all subsequent development west of Askin's Creek would stem directly from the
road and bridge proposed in this PN. Therefore, the Corps should consider the wetland
impacts of the proposed road,bridge, and subsequent impacts of home construction as a
single permit. Compensatory wetland mitigation should address the subdivision as a
whole and consist of two components. First, the applicant should restore a wetland area
equal to the loss that would be allowed for the entire subdivision, currently 0.02 of an
acre for the proposed bridge. This restoration should be on the sound side of Hatteras
Island. Second, all jurisdictional wetlands, excluding those permitted under this PN, and
areas within the 75-foot CAMA limit of Area of Environmental Concern(AEC) should
be.protected from all future development by a permanent conservation easement. The
conservation easement should be administered by an independent conservation
organization and duly noted in the deed of each lot. The conservation easement should
include all the prohibited and restrictive activities given in Article II of the Corps' model
conservation easement(available at www.saw.usace.army.mil/wetlands/Permits.htm),
revised in October 2002;
3. If all jurisdictional wetlands within the subdivision(not addressed by the PN) are not
permanently protected by a conservation easement, significant concerns would remain
about the secondary impacts of permitting the road and bridge. To address these
concerns, the current permit should establish a maximum amount of jurisdictional
wetlands that could subsequently be filled within Askin's Creek Subdivision. The total
amount of wetland fill within the subdivision should be a condition of this permit with
those wetlands not subject to future fill protected by a conservation easement; and,
4. While seabeach amaranth rarely occurs on estuarine shorelines, there is a reported
occurrence in the project area and the applicant should survey areas of suitable habitat,
e.g., sparsely vegetated estuarine beaches or spoil disposal sites, for this plant and provide
this information to the Corps.
Overall, the Service does not recommend issuance of this permit at this time. However,we
believe that an adequate response to the information requested and, especially,the inclusion the
recommended compensatory mitigation will allow us to support this action. The inclusion of the
recommended conservation easement would reduce concerns regarding subsequent loss of
jurisdictional wetlands and AECs.
4

v
The Service appreciates the opportunity to comment on this permit application. Please advise us
of any action taken by the Wilmington Corps District. If you have questions regarding these
comments,please contact Howard Hall at 919-856-4520 (Ext. 27), at the address above, or by
e-mail at howard ha�fivs.gov.
Sincerely,
arland B. Pardue,Ph.D.
Ecological Services Supervisor
Literature cited:
Fussell,J.O., III. 1994. A Birder's Guide to Coastal North Carolina. The University of North
Carolina Press. Chapel Hill,North Carolina. 540pp.
Parnell,J. F., W. D. Webster, and T. L. Quay. 1989. An evaluation of changes in the avian and
mammalian fauna of the Cape Hatteras National Seashore 1956-1989. Project Report to
Cape Hatteras National Seashore,National Park Service,Manteo,NC.
Quay, T.L. 1959. The birds,mammals,reptiles, and amphibians of the Cape Hatteras National
Seashore Recreation Area. (Project Completion Report),Raleigh,NC. 88 p.
cc:
Kathy Matthews,US Environmental Protection Agency, Atlanta, GA
Ron Sechler,National Marine Fisheries Service, Beaufort,NC
David McHenry,NC Wildlife Resources Commission, Washington,NC
Z-K.ristie Corson,NC Division of Coastal Management, Raleigh,NC
Ted Sampson,NC Division of Coastal Management, Elizabeth City,NC
Mike Street,NC Division of Marine Fisheries,Morehead City,NC
John Dorney,NC Division of Water Quality,Raleigh,NC
5

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
April 30, 2003 RECEIVED
Regulatory Division MAY 0 6 2003
Action ID. 200310502 ON OF COASTAL MANAG
RALLW4
Paley-Midgett Company, LLC
Post Office Box 250
Hatteras,North Carolina 27943
Dear Sirs:
On April 3, 2003,we received your application for Department of the Army authorization
to place fill material within wetlands and construct a bridge and an access road, on property
located off NC Highway 12, adjacent to Askins Creek and the Pamlico Sound, in Avon,Dare
County,North Carolina.
After review of your proposal,the United States Environmental Protection Agency
recommended revision of your application and plans by letter dated April 23, 2003 (copy
enclosed). These recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. In this regard, I would appreciate
being made aware of your intentions, in writing, on or before(19 May 2003).
Mr. Raleigh Bland of the Washington Regulatory Field Office staff,telephone(252) 975-
1616, extension 23, is responsible for processing your application and is available to assist you in
coordinating with the review agencies.
Sincerely,
• S. Kenneth Jolly,P.W.S.
Chief,Regulatory Division
Enclosures

-2-
Copies Furnished(with enclosures):
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City,North Carolina 27909
Quible&Associates,PC
Post Office Drawer 870
Kitty Hawk,North Carolina 27949
Copies Furnished(without enclosures):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and
Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638
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
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726

-3-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

04/25/2003 07:20 FAX Z 03
$ 4! ,o
9 North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive D1reCLOr
MEMORANDUM
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: David McHenry,Northeast Coastal Region Coordinator
Habitat Conservation Section
DATE: April 24, 2003
SUBJECT: CAMA/Dredge and Fill Permit Application for Paley-Midgett LLC, Askin's Creek
Subdivision, Avon, 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 April 16, 2003. Commission comments are provided in accordance with provisions of the
Coastal Area Management Act(G.S. 113A-100 through I I3A-128), as amended, and the Fish and
Wildlife Coordination Act(48 Stat. 401, as amended, 16 U.S.C. 661 et seq.).
The applicant is proposing development of Section 3 and a portion of Section 2 of the Askin's
Creek Subdivision on a 24-acre tract in Avon,North Carolina. The development includes construction of
1,400 linear feet of paved roadway and an associated 200 linear foot long bridge over Askin's Creek for
access to 21 subdivided lots in the western section of the tract. A total of 4,500 square feet of Estuarine
Shoreline and 1,000 square feet of jurisdictional wetlands would be filled for the road and bridge
construction.
The Commission is concerned with the cumulative loss of coastal marsh and jurisdictional
wetlands in the region and the anticipated contribution to that loss from development of the proposed
subdivision. Coastal marshes in the area provide several important functions including cover, nesting,
and foraging habitats for waterfowl, northern diamondback terrapin (Malaclenzys terrapin terrapin),
wading birds,and species of rail (Rallis sp.). Similarly, shrub-scrub wetlands on the Outer Banks are an
important and diminishing habitat that is used by a variety of bird species for foraging and nesting. In
addition, there is a relatively recent record for the federally-threatened seabeach amaranth (Amaranthus
pumilus) along the shoreline near the boundary between the proposed subdivision and the adjoining
property to the north.
Although having relatively minor direct impacts, construction of the project will invariably have:
additional secondary impacts on wildlife resources from development of the individual lots. For example,
future requests to construct driveways to isolated uplands on lots 65 and 57 are possible. In addition,
requests for minor wetland fills on individual lots may occur in the future despite questionable
justification for such fills given the ample buildable upland area. Collectively, these wetland fills could
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] esr. 281 • Fax: [phone]

04/25/2003 07:20 FAX 204
CMDF—Askin's Creel: Page 2 April 24,2003
significantly reduce the extent of wildlife habitat available in the area and degrade the pollutant control
function these wetlands provide to surrounding wetlands and waters. In addition, future shoreline
development on some lots could directly affect the protected seabeach amaranth.
It is the general policy of the Commission not to oppose development projects when all impacts
to productive wetlands and associated fish and wildlife habitats are justified, minimized, and adequately
mitigated. Therefore,the Commission has the following recommendations for this project that we feel
will address these conditions and, where applicable, should be included in any permit authorizations:
l. A survey for the seabeach amaranth should be conducted to determine: if development of the
subdivision, particularly along Pamlico Sound where the species has been observed, could impact
this species.
2. A stormwater management plan should be developed for this project because of the potential to
impact sensitive wetland habitats.
3. The roadway alignment should be modified to avoid the wetland impact on lot 65 or it should be
clearly demonstrated that the impact from the proposed alignment is unavoidable. A southern
shift of the roadway alignment would leave in excess of 150 feet of roadway to wetland
separation on lots 46 mid 47 and only diminish this separation by less than 20 feet on lots 45 and
48.
4. The total wetland impacts required for the proposed project should be accounted for collectively
with those anticipated to develop all of the subdivision's lots in the future. Further, this
accounting should consider whether there were any previous permits issued for earlier phases of
this subdivision that included a prescribed wetland fill allocation inclusive of the currently
proposed development area.
5. fending the preceding wethuid impact determination, a mitigation plan that includes protecting
all the remaining wetlands on the tract in perpetuity using either conservation easements or
individual deed restrictions should be proposed.
The Commission appreciates the opportunity to review and comment on this permit application.
1f you need further assistance or additional information,please contact me at [phone] extension
345.
cc:
Bland, R. —US Army Corps of Engineers, Washington Regulatory Field Officc
Hall, H.—US fish and Wildlife Service, Raleigh

ob 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
April 8, 2003
Regulatory Division
Action ID No. 200310502 �VEQ
APR 1 5 2003
IAW OFCOASALMANAGEMW
RALEISH
Paley-Midgett Company, LLC
Post Office Box 250
Hatteras, North Carolina 27943
Dear Sirs:
On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from the
State of North Carolina.
A review of your application received April 3, 2003, for Department of the Army (DA)
authorization to place fill material within wetlands and construct a bridge and an access road,
on property located off NC Highway 12, adjacent to Askins Creek and the Pamlico Sound,
in Avon, Dare County,North Carolina, indicates it to be a candidate for Federal authorization
under this general permit. Accordingly,the administrative processing of your application will
be accomplished by the North Carolina Division of Coastal Management. Comments from
Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for any reason, you
will be informed regarding its further management. If there are no unresolved differences in
State-Federal positions or policies,the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after receiving such confirmation should you
begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency(EPA) signed
a memorandum of agreement(MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through the selection of the
least damaging,practical alternative; second, taking appropriate and practical steps to minimize
impacts on waters and wetlands; and finally, compensating for any remaining unavoidable

-2-
impacts to the extent appropriate and practical. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practical steps to minimize
wetland losses. Please indicate all that you have done, especially regarding development and
modification of plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or
wetlands or provide information as to the absence of any such appropriate and practical
measures.
This information is essential to our expeditious processing of your application and
it should be forwarded to us by April 23, 2003. Also, a copy of this information must
be sent to the North Carolina Division of Environmental Management to enable them
to adequately evaluate your application for a Water Quality Certification pursuant to
Section 401 of the Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act and Section 404
of the Clean Water Act, has been assigned Action ID No. 200310502 and will be coordinated
by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at
telephone [phone], extension 23.
Sincerely,
\ AL LL,*-,,
4r"Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure

-3-
Copies Furnished(without enclosure):
Mr. Doug Huggett
Aivision of Coastal Management
rth Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
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
U.S. 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 Division
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

f
-4-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City,North Carolina 27909
Quible&Associates, PC
Post Office Drawer 870
Kitty Hawk,North Carolina 27949

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
April 8, 2003 RECEIVED
Regulatory-Division-.
pp, i 5 2UU3
Action ID No. 200310502
0Iu,OF COAR A NN AGEMENT
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 the Paley-Midgett Company for Department of the Army
(DA) authorization and a State Water Quality Certification to place fill material within wetlands
and construct abridge and an access road, on property located off NC Highway 12, adjacent to
Askins Creek and the Pamlico Sound, in Avon, 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)(ii) 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 9, 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,
0 igh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Doug Huggett
ivision of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O.Box 1890 �y
Wilmington,North Carolina 28402-1890 APR 1 4. l�U U.l
IN REPLY REFER TO
E A RALMH
Regulatory Division
Action ID: L� ��C Applicant: 1 C;i e' � 11 LL C
Waterway: III CLP-4 County: e- Work Type: r ��
Mr. Ron Sechler Mr.Doug Huggett 1
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
Raleigh, North Carolina 27636-3726 1+. iM . Regional Office
Division of Coa6tal Management
Mr. Ronald J.Mikaluk, Chief NC Department of Environment, Health
Wetlands Section-Region IV and Na ura R oyres
Water Management Division ,
U.S. Environmental Protection Agency c `-1 _8 c
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 enclosed. Pyj comNentmand/or
recommendations would be appreciated on or before CI LVt%
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone],extension 23.
Sincerely,
QA"VJ- 04V�
Raleigh W.Bland, P.W.S.
Regulatory Project Manager
Enclosure

ArVEDi
NCDENR JUL 0 8 2003
North Carolina Department of Environment and Natural Resource0k0FCaW,AL
Division of Coastal Management RALLFI�
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
April 4,2003
MEMORANDUM JGn
TO: Mr. John Sutherland Chief
Water Planning Section
Division of Water Resources APR
FROM: Doug Huggett DIViS. v OF
Major Permits Processing Coordinator WATER RESOURCES
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PALEY - MIDGETT, LLC
PROJECT LOCATION: AVON, WEST OF NC 12, END OF ASKIN'S CREEK ROAD,
NATURE CREEK TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCT .3 MILE OF ASPHALT ROAD INCL. A 30 FT
WIDE, 2 LANE, WOODEN, PILE-SUPPORTED BRIDGE OVER
ASKIN CREEK. ALSO INCLUDES DIRECTIONAL BORING
UNDER WETLANDS AND CREEK FOR UTILITIES.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 25, 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 743/v 7
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

l)
AF �I�lo� R�� 'we
NCDENR MA`( 4 7 NU3
North Carolina Department of Environment and Natural Resources TAI.�
Division of Coastal Management dt�•��gP►1W
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 4, 2003
MEMORANDUM
Dd �TO: Linda Sewall, Director
Division of Environmental Health a
S
FROM: Doug Huggett H�CC�/ShSgN/
Major Permits Processing Coordinator TqT/0
N
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PALEY - MIDGETT, LLC
PROJECT LOCATION: AVON, WEST OF NC 12, END OF ASKIN'S CREEK ROAD,
NATURE CREEK TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCT .3 MILE OF ASPHALT ROAD INCL. A 30 FT
WIDE, 2 LANE, WOODEN, PILE-SUPPORTED BRIDGE OVER
ASKIN CREEK. ALSO INCLUDES DIRECTIONAL BORING
UNDER WETLANDS AND CREEK FOR UTILITIES.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 25, 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.
alitalm'ODATE
' ' scribed in the attached comments.
SIGNE Z O
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

NCDENR 5
North Carolina Department of Environment and Natural ResoT
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 4, 2003
MEMORANDUM
TO: Mr. Roberto Canales D
r
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett DISTRICT I OFFICE
Major Permits Processing Coordinator �t
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PALEY - MIDGETT, LLC
PROJECT LOCATION: AVON, WEST OF NC 12, END OF ASKIN'S CREEK ROAD,
NATURE CREEK TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCT .3 MILE OF ASPHALT ROAD INCL. A 30 FT
WIDE, 2 LANE, WOODEN, PILE-SUPPORTED BRIDGE OVER
ASKIN CREEK. ALSO INCLUDES DIRECTIONAL BORING
UNDER WETLANDS AND CREEK FOR UTILITIES.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 25, 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.
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 Q)roject for reasons described in the attached comments.
SIGNE DATE 16 - o
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 110%Post Consumer Paper

��ED
RECE QP �
p 5 260
MAY rAPR 4 2003
� �. � NCDENR
CW* 4t06" North Carolina Department of Environment and Natural Reso4 OPp:,09�A)AP,v,4OFFICE
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 4,2003
X03' 0909
MEMORANDUM A q
TO: Ms. Renee Gledhill-Early, Director
Division of Cultural Resources
Archives & History Building
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW -Dam
APPLICANT: PALEY - MIDGETT, LLC
PROJECT LOCATION: AVON, WEST OF NC 12, END OF ASKIN'S CREEK ROAD,
NATURE CREEK TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCT .3 MILE OF ASPHALT ROAD INCL. A 30 FT
WIDE, 2 LANE, WOODEN, PILE-SUPPORTED BRIDGE OVER
ASKIN CREEK. ALSO INCLUDES DIRECTIONAL BORING
UNDER WETLANDS AND CREEK FOR UTILITIES.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 25, 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.
Thi ency oNects to the project for r asons described in the attached comments.
SIGNED DATE 41
�3
RECEIVED 1638 Mail Service Center, Raleigh, North Carolina 27699-1638
P one: 919-733-2293\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
APR C 3 200� An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
APR 0 7 2003

0,3
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
March 31, 2003
MEMORANDUM:
TO: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Paley-Midgett Company, LLC
Project Location: End of Askin's Creek Road, west of NC 12 in Avon, Dare County
Proposed Project: Construct an asphalt roadway, 2-lane wooden, pile supported, elevated
bridge, and directional boring underneath wetland and creek areas for
subdivision utility service.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 21,2003. If you have any questions regarding the proposed project, please contact
Dennis W. Hawthorn at [phone]. 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 _ �7 `G� DATE O 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

9 FA
KEGE
NCDENR ��'
North Carolina Department of Environment and Natural Resourc6tate Property of"
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 4,2003
MEMORANDUM Qm
TO: Mr. Joseph H. Henderson, Director ■ RUM
State Property Office
Department of Administration APR 1 �� 1
FROM: Doug Huggett �DlVo MAWALMA(VAGI�Airo
Major Permits Processing Coordinator
LEW
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PALEY - MIDGETT, LLC
PROJECT LOCATION: AVON, WEST OF NC 12, END OF ASKIN'S CREEK ROAD,
NATURE CREEK TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCT .3 MILE OF ASPHALT ROAD INCL. A 30 FT
WIDE, 2 LANE, WOODEN, PILE-SUPPORTED BRIDGE OVER
ASKIN CREEK. ALSO INCLUDES DIRECTIONAL BORING
UNDER WETLANDS AND CREEK FOR UTILITIES.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 25, 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
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 110%Post Consumer Paper

04/25/2003 07:20 FAX7,11 02
ALT
► ,,, I
NCDENR �S
North Caro.�na Department of Environment and Natural Resources _
Division of Coastal Management
Michael F.Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
April 4, 2003
MEMORANDUM
TO: David McHenry
Wildlife Resources Commission
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: PALEY - MIDC*VTT, LLC
PRO.IECT LOCATION: AVON, WEST Of NC 12, END OF ASKIN'S CREEK ROAD,
NATURE CREEK TO THE PAMLICO SOUND.
PROPOSED PROJECT:CONSTRUCT .3 MILE OF ASPHALT ROAD INCL. A 30 I+"r
WIDE, 2 LANE, WOODEN, PILE-SUPPORTED BRIDGE OVER
ASKIN CREEK. ALSO INCLUDES DIRECTIONAL BORING
UNDER W><:TLANDS AND CREEK FOR UTILITIES,
Please indicate below your agency's position or viewpoint on the proposed Project and return this
form by April 25, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth coinnients 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 a cy - pproves of the project, only if the recommended changes are incorporated.
its agcn jobjectq-tiptl ojecl for reasons described in the attached comments.
SIGN D 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

A
Ir�
NCDENR
F 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
March 31, 2003
MEMORANDUM: D
TO: Mr. Preston P. Pate, Jr., Director APR 4 2003
Division of Marine Fisheries
Ggi,- HABITAT
-
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Paley-Midgett Company, LLC
Project Location: End of Askin's Creek Road, west of NC 12 in Avon, Dare County
Proposed Project: Construct an asphalt roadway, 2-lane wooden, pile supported, elevated
bridge, and directional boring underneath wetland and creek areas for
subdivision utility service.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by April 21,2003. If you have any questions regarding the proposed project, please contact
Dennis W. Hawthorn at [phone]. When appropriate, in-depth comments with supporting
data is requested.
REPLY: V 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.
c
SIGNE 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

.V
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
THROUGH : Ted Sampson
FROM : Dennis W. Hawt +'
DATE : March 24, 2003
SUBJECT Askin's Creek Bridge and Approach, Paley - Midgett,.LLC, Askin's
Creek Subdivision, Dare County, CAMA Major Permit
Recommendations
This project involves the construction of approximately 0.3-of a mile of asphalt roadway,
including a 30-ft wide two lane, elevated, wooden, pile supported bridge over Askin's Creek to
provide access to the Askin's Creek Subdivision in Avon, Dare County. The project also
includes the directional boring underneath the Creek and adjacent wetland areas to provide for
subdivision utility service.
The anticipated impacts of this project are associated with the proposed 1,400-ft, long roadway,
the bridge structure, and the approaches as discussed above. This development will result in the
filling of approximately 1,000-sf of US ACE jurisdictional wetlands and 4,500-sf of Estuarine
Shoreline. The US ACE wetlands and roadway are located outside of the Estuarine Shoreline
AEC. The roadway construction will result in at least 30,000-sf of upland land disturbance and
filling. In addition, some temporary impacts can be expected from the utility lines that will be
installed, including additional land disturbance and sedimentation that may result in creek
turbidity. The actual construction will also disturb wildlife habitat. The applicant has already
received approval from the NC Division of Land Quality for an Erosion and Sedimentation Plan
for the proposed subdivision development. It is estimated that although the total impacts from
this land disturbance will not exceed an acre, that the one-acre threshold will be exceeded by the
time the roadway is completed. Although the entire asphalt and bridge area may not exceed the
one-acre size, those areas adjacent to the roadway where equipment operation can be expected,
will result in soil compaction, and will also result in increased stormwater concerns.
Although landward of the Estuarine Shoreline AEC, the most significant impact that can be
anticipated from the proposed development will be the cumulative impacts from the future
subdivision development, associated with both the probable future filling of adjacent USACE
jurisdictional wetlands that currently exist, as well as the upland development. Increased
stormwater runoff will probably be the most significant impact associated with this future
residential development.
'MVED
APR 0 2 2003
9K0F0WSALmANAGR8Wr
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 PALEW
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Askin's Creek Bridge and Approach, Paley - Midgett, LLC, Page 2
Askin's Creek Subdivision,Dare County
CAMA Major Permit Recommendations
t
March 24, 2003
Because this development will result in the creation of over 24-acres with 25-separate residential
home sites located adjacent to waters and wetlands, the discovery of cultural resources is great.
Hatteras Island is known to be rich in archaeological and cultural resources. An inspection of
mapping data on cultural resources revealed that archaeological, or cultural resource findings
have been recorded on these maps the Avon area. This review indicates that a site has been
identified in close proximity to this project. It is.}mportant to reiterate that Hatteras Island has a
rich heritage in cultural resources, and these maps have not been updated in at least 10 years. The
potential for the discovery of additional cultural or historical resources is possible. Permit
conditions should specifically address these possibilities.
According to standards in the N. C. Administrative Code, Title 15A, Section 7H .0208, bridges
and their approaches are considered water dependent structures, and their uses have been found
to be acceptable within Estuarine Waters, Public Trust Areas, and Coastal Wetlands, although
the guidelines reference a degree of additional importance to avoiding impacts to Coastal
Wetlands, and these impacts should be only considered acceptable if they are associated with a
water dependent need, or one of over-riding public benefit that cannot otherwise occur. Utility
easements have also been found to be acceptable within these areas. These structures and uses
are also considered to be acceptable within the Coastal Shoreline Buffer, provided that every
effort is made during the design and planning phase of work to avoid, minimize, and mitigate the
adverse impacts associated with the projects.
Prior to submitting the application, the owner 's agent worked closely with the Division to plan a
project that would avoid, and reduce potential impacts to the existing coastal resources. This
required that a portion of the planned roadway, in the vicinity of lots 43 and 44, be re-located to
the south to avoid filling of wetlands located along the original roadway alignment. All work was
sited to avoid the filling of any coastal wetlands.
The proposed roadway, and bridge will not provide any access to any Public Trust Area waters,
but will provide access to upland land areas associated with the subdivision. The private
roadway portion of this project will be located landward of any CAMA AEC. The proposed
bridge will not block of interfere with existing navigation, and will not interfere with any
adjacent riparian access to Askin's Creek. No other development is proposed at this time
associated with this project.

Askin's Creek Bridge and Approach, Paley- Midgett, LLC, Page 3
Askin's Creek Subdivision,Dare County
CAMA Major Permit Recommendations
March 24, 2003
In regard to these findings, I have no objection to a permit for the proposed development so
long as the following Conditions and Note(s) are included.
1] The development area of the site is adjacent to or within several coastal resources
and Areas of Environmental Concern, including estuarine shoreline, public trust
areas, estuarine waters, coastal wetlands, and cultural resources. Prior to the start of
construction, the Permittee shall schedule and coordinate a pre-construction meeting
with DCM staff. This meeting shall include the property owner, and their
development agent(s). In addition, this site meeting shall include the site clearing
contractor(s), the home building contractor, and the bridge and walkway-dock
contractor(s). Separate meetings will be scheduled in the event that all participants
are unable to attend during the same meeting.
2] The roadway, bridge and bridge approaches alignments shall be staked within 30
days prior to the start of construction, and shall be confirmed on-site by Division
staff prior to the start of road and bridge work. These structures shall be consistent
with the dimensions and alignment shown on the platwork documents prepared by
Quible & Associates, dated December 5, 2002, and revised December 11, 2002,
January 28, 2003, February 7, and March 5, 2003.
3] No work, structures, excavation or fill materials will be placed at the work site, or in
any waters or wetlands, other than that work approved by this permit. Other than
bridge piling placement, no excavation or filling of any wetlands, or waters is
authorized, and all work shall be consistent with the approved, above referenced
platwork.
4] Prior to the start of any mechanized earth-disturbing activity on the entire site, a silt
fence or siltation barrier shall be installed between all authorized earth-disturbing
development and the adjacent uplands, wetlands, or waters. The structure shall be
installed properly so as to prevent the un-necessary discharge of any sediment, or fill
materials into any adjacent wetlands or waters. Prior to the continuation of site
work, and/or the placement of authorized fill material on site, the complete and
proper silt fence installation shall be confirmed by Division staff. Fill material must
be free from debris or pollutants, and obtained from an upland source.

Askin's Creek Bridge and Approach, Paley - Midgett, LLC, Page 4
Askin's Creek Subdivision,Dare County
CAMA Major Permit Recommendations ,
March 24, 2003
5] Hatteras Island is known to be rich in archaeological or cultural resources. There is a
strong probability of the discovery of these types of resources. It is advised that the
Division of Archives and History coordinate a visit to the site prior to the start of
work. Should discovery occur by the owner or owner's agents, the Divisions of
Coastal Management and Archives and History should be notified immediately
before proceeding with any additional work.
NOTE Any future development on the permittee's property, other than that work
authorized in this permit, may require modification of this permit or the
issuance of a separate CAMA Permit.
NOTE The above work may require the issuance of erosion, sedimentation and
storm-water certificates and/or plans prior to the start of any work.
NOTE It is recommended that the permittee post the permit onsite so that reviewing
agencies, the applicant's contractors, and interested parties may refer to the
permit conditions.
cc: Raleigh Bland, US COE

6-20-03; 3:08PM;Quiole and Assoc. ; 1 252 261 1260 # 2/ 3
OVQF W AT�AQG Michael F. Easley, Governor
William G. Ross,Jr. Secretary
=' 'D L n, ) r
Alan W.Klimek, P.E., Director
o �c
March 10, 2003
Mr. Noah Paley
Paley-Midgett Company LLC
Post Office Box 260
Hatteras, North Carolina. 27943
Subject: Stormwater SW7030210
Askins Creek Subdivision
Dare County
Dear Mr. Paley:
The Washington Regional Office received the completed Stormwater Application for the subject
project on February 6, 2003. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7030210 dated March 10, 2003 to the Paley-
Midgett Company LLC.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]$
An Equal Opportunity Affirmative Action Employer

6-20-03; 3:08PM;Qulble and ASSOC. ; 1 252 261 1260 # 3/ 3
Page 2
Mr. Noah Paley
March 10, 2003
If you have any questions or need additional information concerning this matter, please contact
Mr, Robert Tankard at [phone], extension 233.
Sincerely,
Jun Mulligan
Regional Water Quality Supervisor
cc: 6uible & Associates
Dare Co,;;nty Inspections
Washington Regional Office
Central Files
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

4T�„a SU,TE o�
ED
LIAR p 7 ?no.3
OAST,,' 'vIA,IAGEUE
ci I�r
State of North Carolina zH C►Ty
Department of Environment and Natural Resources
Washington,Regional Office
.. Michael F.Easley,Govemor . William G. Ross,Jr., Secretary;: .. DIVISION OF LAND,
RESOURCES
LAND QUALITY SECTION
Febniary 21;2003
y fr,
LETTER OF APPROVAL WITH MODIFICATION
Paley=Midgett Company,IZC
ATTN: Mr. Noah Paley, Manager
Post Office Box 250 .
Hatteras,North Carolina 27943
RE: Erosion and Sedimentation Control Plan No. Dare-2003-008
Askin Creek ,
Avon-Dare County
River Basin: _ :Pasquotank
Date Received: February 6, 2003
Responsible Party: Paley-Midgett Company, LLC
Dear Sir:
This office has completed its review of the erosion and sedimentation control plan for the
referenced 1.9 acre disturbance. Based on the information provided, we have determined the
submitted plan for the grading associated with the construction of a residential road to access 25 lots,
if properly implemented and responsibly maintained, should meet the.intent and minimum
` requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH the following
MODIFICATION.
A permanent ground cover sufficient to restrain erosion must be provided on all
disturbed areas within the shorter of 15 working or 60 calendar days of completion
of any portion of the project.
In 1973,the Sedimentation Pollution Control Act(copy available upon request)was enacted.
It established a performance ,oriented program with the OBJECTIVE of PREVENTING
SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land
disturbing activities through the use of reasonable and appropriate Best Land Management Practices,
based on the approved plan and changing site conditions, during the course of the project. AS THE
DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to'understand the Act and
comply with the following minimum requirements of the Act and the above listed modifications (if
any):
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone],FAX [phone]

Paley-Midgett Company,LLC
ATTN: Mr:Noah Paley, Manager
February 21, 2003
Page 2
:; -- an erosion and sedimentation control plan is only,valid for 3 years following
r the date of initial approval, if no land-disturbing activity,has been
undertakenPIS
LATESTAPPROVED soil erosion and sediment control plan will be used_., . .
! ` during g i ection to'determine compliance and a copy of the plan must be on
- :
r
file at the job site,
-- unless the off-site borrow and/or disposal sites are identified in the erosion
control plan,no earthen material is to be brought on or removed from the
project site;
-- except in the case of a storm related emergency, a revised erosion and
sedimentation control plan must be submitted to and approved by'this
office prior to initiating any significant changes in the construction,
grading or drainage plans;
-- a buffer zone,sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing activity and any adjacent
property or watercourse;
-- new or affected cut or filled slopes must be at an angle that can be retained
by vegetative cover, AND must be provided with a ground cover sufficient
to restrain erosion within the shorter of 15 working or 30 calendar days o�
completion of any phase(rough or flngo ofgrading(RYE GRASS IS NOT
in the APPROVED seeding specifications NOR is it an ACCEPTABLE
substitute for the providing of a temporary ground cover);
-- the CERTIFICATE OF PLANAPPRO VAL must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized;
-- unless a temporary, manufactured, lining material has been specified, a
clean straw mulch must be applied at the minimum rate of 2 tons/acre, to all
seeded areas. The mulch must cover at least 75% of the seeded area after
it is either tacked with an acceptable tacking material, or crimped in place,
-- in order to comply with the intent of the Act, the scheduling of the land-
disturbing activities is to be such that both the area of exposure and the time
between the land disturbance and the providing of a ground cover is
minimized,

ti
Paley-Midgett Company, LLC
ATTN: Mr.Noah Paley, Manager
February 21 2003
Page 3
a permanent ground cover suff ctent restrarn erosion, must be'provided
,wit in the shorter of IS working or 90 calendar days after completion of
xconstruction or development on arty portion of the tract(RYE GRASSIS
NA�NW,,'�in APPROV
d ED se` g see eci cations '1V�R `is it anu .
SP
ABLE subs titute for the providing of a m�rse cover for they '
�9Ysaw. e# »x ctY w,
,, pent grass cover) ands e r» i . r t k x
6v,
in the Financial Re onsi � '10"n ishi orm submitted with the ro d
this approval is based m on the aecura of the inforrrtatron prove
sp tj, P.f P Jett
plans -You are required to file an amended form if there is any change in
the information included on the form. This approval and the financial
responsibiliodiability cited in it does not automatically transfer with a
change in project ownership.
Be advised that to ensure compliance with the approved plan and the program requirements,
unannounced periodic inspections will be made. If it.is determined that the implemented plan is
' ma equate,,this office may require the installation of additional measures and/or thanhe plan be
revised to comply with state law. (Note: Revisions to the scope of this'project without prior
approval of the plan showing the changes can be considered a violation). Failure to comply with any
part of the approved plan or with any requirements of this program could result in the taking of
appropriate legal action against the financially responsible party (Paley Midgett Company, LLC).
One option is the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000
per day for each day the site is out of compliance.
In recognizing the desirability of early coordination of sedimentation control, we believe it
would be beneficial for you and your contractor to arrange a preconstruction conference to discuss
the requirements of the approved erosion and sedimentation control plan. Prior to beginning this
project,YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO ADVISE Mr.Richard
Peed (252-946-6481, ext. 274) OF THE CONSTRUCTION START-UP DATE, contractor and
on-site contact person OR complete and return the attached Project Information Sheet to the above
named.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations and rules. In addition, the land disturbing activity described in
this plan may also require approval or permitting from other agencies -Federal, State or local. These
could include the U.S. Army Corps of Engineers under Article 4.0.4. jurisdiction, the Division of
Water Quality-Surface Water Section under stormwater regulations (contact Mr. Bill Moore, 252-
946-6481, ext. 264),county, city or town agencies under other local ordinances, or other approvals
that may be required. This approval does not supersede any other approval or permit.
Please be advised that effective March 10, 2003, all land disturbing activities affecting at least
one acre will be required to have a(federal)NPDES permit. Enclosed is the Construction Activities

r .
Paley-Midgett Company, LLC
ATTN: Mr. Noah Paley, Manager
February 21, 2003
Page 4
General Pernik
"effective"date:'-The responsibility'for understandin project is not completed by the March 10�
mit-NCG010000 that will be r cared if this
g and complying with this permit rests with
you,the financially responsible party. Be aware that failure to comply with this permit could result
in both the State and Federal governments taking appropriate legal action. Contact the Division of `
Water Quality=Surface Water Section at(252) 946-64481 should you have any questions regarding
monitoring and record keepingrequirements of the permit: "
Sincerely,
Patrick H. McClain, PE
' Assistant Regional Engineer
`. :pm
enclosures
w/o enc. cc: Douglas A Dorman, Quible and Associates
(via e-mail) Ted Sampson,Division of Coastal Management

DWQ°h
FEE DCM%
Development Type (14300 1601�435100093 1625 62531 (24300 1602435100095 2341
I. Private,non-commercial
development that does not involve S250 1005'.(S250) 0%(SO)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not involve the filling or $400 100%(S400) 0%(SO)
excavation of any wetlands or open
water areas:
fit. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,8,C,or D
below applies:
III(A). For Private,non-commercial
development,If General water Quality S250 100%(S250) C%(SC)
Certification No.3301 (see attached)
can be applied:
or public or commercial
development,If General water Quality $400 100%(S400) 0%(Sc)
Certification No.3301 (see attached)
can be applied:
Ill(C). If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff
determined that addiflonai review and S4CC 60%(S240) 40%(S160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
I II(D), If General Water Quality
Certification No.3301 (see attached) 54JC 60%(5240) 40%(5160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more 5475 60%(S265) 40%(S19C)
than one acre of wetlands and/or
open water areas:
,

NC®GNR
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
March 31, 2003
The-Coastland Times
Legal Advertisement Section
P. O. Box 428
Manteo, North Carolina 27954
Re: Public Notice - Paley-Midgett Company, LLC
Dear Sir:
Please publish the attached Notice in the Thursday, April 3, 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,
R, (.D
W,2'w
Ted 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

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 March 28, 2003.
According to said application, PALEY-MIDGETT COMPANY, LLC proposes to
construct an asphalt roadway, two lane, pile supported, elevated bridge and directional boring
underneath wetland and creek areas for Askin's Creek Subdivision utility service. The property is
located at the end of Askin's Creek Road west of NC 12 in Avon, Dare County.
A copy of the entire application may be examined or copied at the office of Dennis W.
Hawthorn, 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 April 23, 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: Thursday, April 3, 2003

NCDEINR
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
March 31, 2003
Douglas A. Dorman
Quible & Associates, P.C.
P. O. Drawer 870
Kitty Hawk, North Carolina 27949
Deat.Mr. Dorman:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of property located at the end of Askin's Creek Road on the west of NC 12 in
Avon, Dare County. It was received on March 28, 2003, and appears to be adequate for processing at this
time. The projected deadline for making a decision is June 11, 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,
Dennis W. Hawthorn
Coastal Management Representative
DWH/dc
Enclosure
cc: Doug Huggett - Permit Coordinator, DCM
Ted Sampson - District Manager, DCM
Paley-Midgett Company, LLC
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

Quible
Quible &Associates, P.C. P.O. C827949
Hawk,
N NC tatty 49
ENGINEERING•ENVIRONME-JAI SCIENCES•PLANNING Phone:[phone]
Fax [phone]
SINCE 1969
PRINCIPALS
C Sean C.Boyle.P.E.
CERTIFIED MAIL
Joseph S.Lassiter,C.E.P.
RETURN RECEIPT REQUESTED Eduardo J.Valdvleso,P.E.
December 5, 2002 ASSOCIATES
Joseph J.Aniauf,P.E.
David S.Nor
Richard Tisdale
1212 Kingsway Drive
Chesapeake, VA 23320
Re: Major Coastal Area Management Act (CAMA)Permit Application
Avon,Dare County,North Carolina
Dear Mr. Tisdale:
The purpose of this correspondence is for Quible and Associates,P.C. to inform you as a adjacent
riparian property owner to the Paley Midgett Partnership, of the property owners plans to construct a
wooden pile supported bridge over a portion of Askins Creek to provide access to an approved single
family residential subdivision located in Avon,Dare County,North Carolina. The enclosed plans
accurately depict the development proposed.
If you have no objections to this proposal please check the statement below, sign and date the blanks and
return the letter to: Doug Dorman, Quible and Associates, P.C.,PO Drawer 870, Kitty Hawk,NC 27949.
If you have objections you may contact me at 252-261-3300. You may also provide written comments to
Mr. Dennis Hawthorne at the NC Division of Coastal Management,US 17 South, Elizabeth City,NC
27909. Written comments must be received within 30 days of receipt of this correspondence.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerely,
Quible and Associates, P.C.
Douglas A. Dorman
cc: Paley Midgett partnership
I have no objection to the project as presently proposed and hereby waive that right of objection
as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed comments.
Riparian Landowner Signature
Date

Quible
9ulbie &Associates, RC. P.O.Drawer 870
Wtty Hawk•NC 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:[phone]
Fcx 252-261-1260
SINCE 1959
CERTIFIED MAIL PRINCIPALS
RETURN RECEIPT REQUESTED scan C.Bo*,P.E.
Joseph S.LosSlfec C.E.P.
December 5, 2002 Eduardo J.Voldvieso,P.E.
ASSOCIA1Es
Joseph J,Anlauf,P.E.
Outerbanks/Kinnakeet Association, LLC Davk1 S.Neff
PO Box 1411
Manteo,NC 27954
Re: Major Coastal Area Management Act(CAMA)Permit Application
Avon, Dare County,North Carolina
Dea-r Outerbanks/Kinnakeet Association:
The purpose of this correspondence is for Quible and Associates,P.C. to inform you as a adjacent
riparian property owner to the Paley Midget Partnership, of the property owners plans to construct a
wooden pile supported bridge over a portion of Askins Creek to provide access to an approved single
family residential subdivision located in Avon,Dare County,North Carolina. The enclosed plans
accurately depict the development proposed.
If you have no objections to this proposal please check the statement below, sign and date the blanks and
return the letter to: Doug Dorman, Quible and Associates, P.C.,PO Drawer 870,Kitty Hawk,NC 27949.
If you have objections you may contact me at 252-261-3300. You may also provide written comments to
Mr. Dennis Hawthorne at the NC Division of Coastal Management, US 17 South,Elizabeth City,NC
27909. Written comments must be received within 30 days of receipt of this correspondence.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerely,
Quible and Associates, P.C.
Douglass A. Dorman
cc: Paley Midgett partnership
I have no objection to the project as presently proposed and hereby waive that right of objection
as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed comments.
Riparian Landowner Signature
Date

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also completb WReed
e
Item 4 if Restricted Delivery is desired. X gent
■ Print your name and address on the reverse A dresse
so that we can return the card to you. q� by(Print(Printai Name r C. Dat of elivei
■ Attach this card to the back of the mailpiece,
or on the front if space permits. fN L
D. Is delivery address different from item 1? 111ye
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Richard Tisdale
1212 Kingsway Dr
Chesapeake VA 23320
3. Service Type
❑Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandis
❑ Insured Mail ❑ C.O.D._
" 4. Restricted Delivery?(Extra Fee) ❑Yes
2. ArticleNurr 7002 0510 0001 6451 3261 Doug/Askins
(Transfer frc.,.
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-ti

8-G3; tt18AM;Oiible and ..�soc, 1 252 261 1260 ,
' Filed took: 073 Pas*: 232 000 Id: 6016993
01/29/2203 06:WM Receipt •: 71422
Doc Code: DEED RC Excise Tax pd: $0.00
6AR10A M MAY, R16111 R OF DEEDS MW CO. NC
1 Ililll Ili III IIIII IIINII IIIII III II I1111 IIII III 61121
0
EXEMPT
DARE COUNTY TAX
TM
'AS
,ared by and return to: W. Jay Wheless, Attorney at Law
PO Box 500, Manteo,North Carolina 27954
�arer makes no representation as to the quantity or quality of title.
f description:
NORTH CAROLINA GENERAL WARRANTY DEED
Deed of Correction
S DEED OF CORRECTION made this 29th day of January,2003 by and between
GRANTOR GRANTEE
'OCKTON MIDGETT and wife, THE PALEY-MIDGETT COMPANY, LLC
ABETH A. MIDGETT;
:REN D. PALE and wife,
IRE PALEY; and
ERSON MIDGETT, divorced and not
cried
-FW Ry N
f W�ftffftff H. MIDGETT, divorced and not PO Box 506
-vied Hatteras,NC 27943
!signation Grantor and Grantee as used herein shall include said parties, their heirs, successors, W
and shall include singular, plural, masculine, feminine or neuter as required by context.
-antors herein took title to the subject property as tenants in common and acted in all respects as
,d were titled in Paley-Midgett, a NC General Partnership. By deed in gross recorded in Bo(
_ , Page , all lands of Paley-Midgett were conveyed to Grantee herein. So as to resol\
estion of whether the subject property was actually conveyed to Grantee by the deed in gros
r now conveys same to Grantee as was intended previously.

_8-03; 11 : 18AM.01A101e and Assoc. ; t 252 261 1260
1 IIIIII IIIIi IIII IIIlII IIIIIII Ilia alll 111 lull l�I IIII e21220lf 95:04PM
VESSETH, that the Grantor, for valuable consideration paid by the Grantee, the receipt of which
y acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee
mple, all that certain lot or parcel of land situated in the Dare County, North Carolina and tnc
ilarly described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
conveyance is made subject to easements for power and telephone lines for services to the lots
;ubdivision.
HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenanc
,to belonging to the Grantee in fee simple.
Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has t
to convey the same in fee simple, that the title is marketable and free and clear of ;
mbrances, and that Grantor will warrant and defend the title against the lawful claims of all perso
msoever except for the exceptions hereinafter stated.
to the property hereinabove described is subject to the following exceptions:
I. Easements and restrictions of record;
VITNESS WHEREOF the Grantors have hereunto set their hands and seals the day and year fig
e written.
SIGNATURES FOLLOW. THIS SPACE LEFT BLANK INTENTIONALLY.

28-03; 1 1 : 1 8Am:Qu 1 b 1 e and ASSOC. ; 1 Z!'z ZO 1 1 Zbu
I Illlli Illll Ilif QIIII Illlill II I YIII III Il l�I III �°20 u 1 7
09 04;04PM
(SEAL) ��=f Z >�. �(SEAL)
tockton Midgett .. Elizabeth A. Midgett
►TE OF
JNTY OF
1, a Notary Public of the aforesaid State and County, do hereby certify that T. STOCKTC
IGETT and wife, ELIZABETH A. MMGETT, Grantors, personally appeared before me this d
acknowledged the execution of the foregoing document.
Witness my hand and seal, this the day of k,
) 2003.
Anckk USA A. F�ER (Legib a signature of Notary Public)
virm NORA '
LEM
qW DARE COUNTY, N.C. My official seal is affixed or imprinted hereon.
My Comffdalon E�lr"Sept 24,2006
My commission expires q

�'5-03: 1 1 : 1 SAM;Q-A 11i le and ASSOC. ; 1 252 261 1 ZbU
I��III II�1�al'lli�ll I1Iu��fl'Ill�l Ri 1M��I��A�I 0��2 i 06:0tPM
(SEAT,)
Warren D.Paley Claire Paley
STATE OF
COUNTY OF
L a Notary Public of the aforesaid State and County, do hereby certify that WARREN D.
PALSY and wik CLAIRE PALEY, Grantors, personally appeared before m this day and
acknowledged the execution of the foregoing document_
Witness my hand and seat,this the da f 2003.
(Legible signature ofNotwy Public)
OFFICIAL SEAT.
My commission expires
U11A A. Fl.ETCHER
NOTARY PUBLIC
WIRE COUNTY, N. C.
My miss Expires Sept 24,2006

28-03: 1 1 : 18AM:01Ji ble and ASSOC.
Pap _.
i IIIII{11111 IN 1111111111111111111118i1 1111 008 Pa":
05:04M
6 0 t T
(SEAL) (SEAL)
.rson Midgett .Midgett
TE OF
TNTY OF
I, a Notary Public of the aforesaid State and County, do hereby certify that ANDERSON
GETT, divorced and not remarried, Grantors, personally appeared before me this day ar
owledged the execution of the foregoing document.
f
Witness my hand and seal, this the-day of anuaick 52003.
An - () - J11AR)
=8*Pt
(Legible signature of Notary Public)
AL
is WE
�QomtpCOUNTY. My commission expires
FE OF
NTY OF
K0 +� r,
I, a Notary Public of the aforesaid State and County, do hereby certify that I
GETT, divorced and not remarried, Grantors, personally appeared before me this day ar
)wledged the execution of the foregoing document.
7v r
Witness my hand and seal, this th& day of , 2003.
�FA- 0
(Legible signature of Notary Public)
I SEAL
w� N. C.
8ent.24 ?rrs y commission expires
TH CAROLINA,DARE COUNTY
bregoing certificate(s) of L l Sid n
certified to be correct. This instrument and this certificate are duly registered at the date and time
Book and Page shown on the first page hereof. � ���
Lra M. Gray, Register of Deeds for Dare County By: tl u U1(j LL .7
*nt-Register of Deeds �e��

3tl-03: 1 1 : 18AM:Ou ib ie and Assoc. 71 252 261 12bu
aPlIft'0f iWavn `
EXHIBIT"A"
All those certain parcels of land lying and being in Dare County, North Carolina, that
were acquired by the three grantors as tenants in common from 1960 through the date of
this instrument,including,but not necessarily limited to,the following:
1. Lot 23, Sections 2 and 3,Askin's Creek,Plat Cabinet A,Slide 62,Dare Registry.
2. Dare County Tax Parcel # (hereinafter "Parcel #) 016077-000, otherwise known
as Lot 3,Hatteras Estates,Map Book 3,Page 52,Dare Registry.
3. Parcel # 016078-000, otherwise, known as Lot 4, Hatteras Estates, Map Book 3,
Page 52, Dare Registry,
4. Parcel # 026354-000, otherwise known as Lots 12, 13, 14, 15, 16 and 17, Block
B,Alma Meekins Quidley Tract,Frisco,Map Book 1,Page 87,Dare Registry.
5. Parcel # 014962-000, otherwise described as any and all interests in and to those
lands belonging to Grantors, individually or collectively, lying within Lot 7,
Block B, CH Fulcher Tract,Frisco,Map Book 2,Page 191,Dare Registry.
6. Parcel # 014961-000, otherwise described as any and all interests in and to those
lands belonging to Grantors, individually or collectively, lying within Lot 7,
Block B,CH Fulcher Tract,Frisco,Map Book 2,Page 191,Dare Registry.
7. Parcel # 014000-271, otherwise described as any and all interests in and to those
lands belonging to Grantors, individually or collectively, lying in Section 1,
Lakewood Estates (Revised), Frisco, and shown in Map Book 3, Page 128, Dare
Registry.
8. Parcel # 014828-000, otherwise described as any and all interests in and to those
lands belonging to Grantors, individually or collectively, lying in Avon, West of
Highway 12, East of a line joining the southwest comer of Lot 130, Section 1,
Askin's Creek, and the northwest comer of Lot 124, Section 1, Askin's Creek,
(Map Book 9, Page 76, Dare County Registry), South of the southernmost of line
of Lots 128, 129 and 130, Section 1,Askin's Creek and North of the northernmost
line of Lots 124, 125, 126 and 127, Section 1, Askin's Creek (Map Book 9, Page
76,Dare Cou
Parcel 014827-000 otherwise described as any and all interests in and to those
lands b in rantors, individually or collectively, lying within or shown
on Plat Ca lide 62,Dare Registry.

29-O3; 11 : 18AM;Quible and Assoc. ; 1 252 261 1260
' 1 lUlll lilll Ilia Illil lilli� If IN 111111111 Nome,� 7
W:04M
10. Parcel # 014875-000 otherwise known as Lots 41 through 74, inclusive, of
Askin's Creek Subdivision,Plat Cabinet A,Slide 62,Dare Registry.
11. Lots 20, 21, 22,23, 24,32 and the parcel known as the`Boat Landing"of Askin's
Creek Subdivision,Plat Cabinet A, Slide 62,Dare Registry.