78-03 Hatteras Island Resort, LLC

Fi
4*
Permit Class . Permit Number
NEW 78-03
STATE OF NORTH CAROLINA
�fti Department of Environment and Natural Reso
and
-JUN\2 5'2003 Coastal Resources Commission
WOMW&MMOMP PC tmtrt
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 Hatteras Island Resort, LLC,29 Fairway Drive, Southern Shores,NC 27949
Authorizing development in Dare County at Pamlico Sound,Intersection of NC 12 and Atlantic
Drive.Rodanthe , as requested in the permittee's application dated 1/27/03. incl. attached the
workplan drawing (1), workplan dated revised 4/3/03, and the Ocean Hazard AEC Notice dated 6/12/03.
This permit,issued on .Tune 12; 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.
1) Prior to the initiation of construction activities,the permittee and/or his contractor shall schedule and
coordinate a pre-construction meeting with DCM staff.
Wetland Fill
2) No fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the fill area indicated on the workplan drawings.
3) In accordance with commitments made to the US Army Corps of Engineers, the 68,147 square feet of
wetlands, which include the pond and canal, to be preserved as compensatory mitigation for this
project will be recorded with the appropriate deed as a conservation easement prior to development
of this property. A copy of the deed shall be provided to the US Army Corps of Engineers and the
Division of Coastal Management.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing Signed by the authority of the Secretary-of DENR and the
date. An appeal requires resolution prior to work initiation or Chairman of the Coastal Resources Commission.
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 /7 a D. Moffitt;Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are ereb ac ep d.
December 31,2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal ignature of Permittee
Management Program.

Hatteras Resort Island,LLC Permit#78-03
Page 3 of 3
ADDITIONAL CONDITIONS
16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion,
.
within thirty days of project completion.
Stormwater Management
17) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7030209 on 3/10/03. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
General
18) Any future development occurring within an AEC will require a modification of this permit or separate
authorization from the Dare County Minor Permit Program.
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 N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 030432),which was issued on 5/27/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310513.

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
June 16,2003
Hatteras Island Resort,LLC
29 Fairway Drive
Southern Shores,NC 27949
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 2.7611-6714, [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,
(rr�
Douglas V.Huggett
Major Peririits+aridZ-6hs'istency Manager .
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME : Hatteras Island Resort, LLC
PROJECT NAME : Hatteras Island Resort
2 LOCATION OF PROJECT SITE : Rodanthe, Hatteras Island, Dare County, man-made ditch that
connects to the Pamlico Sound
Photo Index - 2000:175-2058, K-19 thru M-19; 1995: Not available;
Digital Photo Index Nos.: 4743 - 4745
State Plane Coordinates : X: 3050450; Y: 687400 GPS : CO21314A
3. INVESTIGATION-TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/13/2003
Was Applicant Present - Yes (Agent) -
5. PROCESSING PROCEDURE: Application Received Complete - April 7, 2003
Office - Elizabeth City
6. SITE'DESCRIPTION:
(A) Local Land Use Plan-Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, Coastal Wetlands
(C) (C) Water Dependent: yes
(D) Intended Use: Public/Residential
(E) Wastewater Treatment: Existing - none at this time; Planned-individual septic for home sites &
Erosion & Sedimentation/Stormwater approvals from DWQ & DLQ, as necessary
(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) (a)Coastal Wetlands in (a) 300 sf/0.006 A
Est. Shl.
(b) `404' Wetlands in (b) 2,000-sf/0.045 A
Ocean Erod. AEC
(B) Estuarine Waters 900.sf/0.02 A
(C)Estuarine Shoreline 2,800'sf/ 0.06 A
(D) Total Area Disturbed: approximately 4,800 sf/ . 0.11 A
(E) Primary Nursery Area: No
(F) Water Classification: SA; closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the construction of approximately 0.2 mile of 2-lane,
asphalt roadway, including a 30=ft wide, two lane wooden, pile supported, elevated bridge over an existing ditch
to provide access to the proposed upland development on the property.

4
Hatteras Island Resort, LLC, Dare County
FIELD INVESTIGATION REPORT
Page 3
The Coastal Resources Commission(CRC)has designated these waters as Estuarine Water 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 of this waterway. The CRC has also.
designated coastal wetland vegetated areas, like those described above, as a Coastal Wetland AEC.
The site is unusual, in that portions 'of the site are located within the Estuarine Shoreline and
Coastal Wetland AFC's, while a portion of the eastern most part of the property is also located
within the Ocean Hazard Area, which has also been designated by the CRC as an AEC. The
erosion rate for this portion of Hatteras Island is 9-ft per year. The Ocean Erodible AEC is 580-ft
landward and west of.the existing First Line of Stable 'Natural Vegetation. The large structure
setback for this location is 375-ft.
A preliminary review of archaeological-cultural site data for this portion of Hatteras Island
indicates that there are at least four archaeological- cultural resource sites within 2,000-ft of the
applicant's property.
Project Description
.This project involves the construction of an asphalt roadway, and also the construction of a 30-ft
wide two lane wooden elevated bridge over the North Drain to provide access to the 18 individual
lots located on the applicant's property.
The proposed roadway, referred to as 'Caribbean Way', will connect to NC 12, and.will extend
approximately 1,100-ft east, to connect to an existing roadway located in The Villas of Hatteras
Island Resort. The proposed bridge will be used to cross the existing coastal ditch to access these
residential lots. The proposal will avoid the filling of the coastal resources found along, and
within this bridged waterway. The roadway will be 20-ft in width, and the bridge will be 30-ft in
width, and the alignment will run in an east-west direction. The bridge structure will be 40-ft in
length. The bridge structure will include wood decking and guardrails. Bridge abutment,retaining.
wall structures will also be used to support the bridge expanse at both ends of the structure. The
roadway will be constructed of asphalt, supported with packed fill sand and gravel material. The
bridge will be elevated at least 3-ft above the existing wetland marsh fringes on both sides of the
waterway, and will be supported by wood pilings. The.bridge decking will also be elevated 3-ft
above the NWL of the waterway. The entire,road grade will avoid the placement .of fill in any
coastal wetland, or estuarine water areas. The proposed roadway.will result in approximately
43245-sf of U. S: Army Corps of Engineers (USACE)jurisdictional wetland fill north of lots 13
through 17 along the north side of the property, from west to east. Approximately 500-ft of the
roadway alignment is 10-ft south of the adjacent Holiday Shores Partnership property. According
to this application, no other. state or federal permits have been issued for this project. This
proposal does not include any utility installation, or other development within any Estuarine or
Ocean System Areas.

4
tee®
APPLICATION .
LIAR 2 7 2003
COASTAL MANAGEMENT
(To be completed by all applicants) ELIZABETH CITY
c. Street address or secondary road number
1. APPLICANT Intersection of NC 12 and Atlantic Drive
d. Is proposed work within city limits or planning
a. Landowner: jurisdiction?
X Yes No
Name Hatteras Island Resort,LLC
e. Name of body of water nearest project (e.g. river,
Address 29 Fairway Drive creek, sound,bay) Pamilco Sound
City Southern Shores State NC
Zip. 27949 Day Phone Q52) 986-2841 3. DESCRIPTION AND PLANNED USE
Fax N/A OF PROPOSED PROJECT
b. Authorized Agent: . a. List all development activities you propose (e.g. .
building a home, motel, marina, bulkhead, pier, and
Name Ouible&Associates, P.C. excavation and/or filling activities.
Construction of a vehicular bridge over an existing ditch
Address .PO Drawer 870 classified as SA waters which connects to a single family
development.
City Kigy Hawk State NC.
b. Is the proposed activity maintenance of an existing
Zip 27949 Day Phone[phone] project,new work, or both? New work
c. Will the project be for public,private or commercial
Fax [phone] use? Private
c. Project name (if any) Hatteras Island Resort d. Give a brief description of purpose,use, methods of
construction and daily operations ofproposed proj ect.
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 Uroiect will be to
project name. access a single family development by constructing a two
lane bridge over an existing:creek. The bridge will be pile
2. LOCATION OF PROPOSED supported structure that will extend over the existing 404
wetlands and coastal marsh.
PROJECT
a. County Dare
b. City,town, community or landmark
Rodanthe

4
fPECEIVt3i
Form DCM—MP-1
rtJ,AST;�L 10NAGEMENT
��nRP rH CIT`!
•. A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION
• A list of the names and complete addresses of the TO ENTER ON LAND
adjacent .waterfront (riparian) landowners and
signed return receipts as proof that such owners I understand that any permit issued in response to this
have received a copy of the application and plats by application will allow only the development described in
certified mail. Such landowners must be advised that the application. The project will be subject to conditions
they have 30 days in which to submit comments on the and restrictions contained in the permit.
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant I certify that to the best of my knowledge, the proposed
further certifies that such notice has been provided. activity complies with the State of North Carolina's
Name Holliday Shores Partnership.LTD CIO Phalen Realty approved Coastal Management Program. and will be
Address PO Box 3396 Kill Devil Hills,NC 27948 conducted in a manner consistent with.such program.
Phone
I certify that I am authorized to grant,and do in fact,grant
Name P.W. Trueblood Jr. permission to representatives of state and federal review
Address PO Box 67 Roper,NC 27970 agencies to enter on the aforementioned lands in
Phone connection with evaluating information related to this
permit application and follow-up monitoring of the
Name NCDOT Ms. Gretchen Byrum project.
Address. PO Box 1405,Elizabeth City,NC 27906
Phone I further certify that the information provided in this
application is truthful to the best of my.knowledge.
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates. This is the 27' day of 1&juaM 2003
None Print Name Mike Pu h after sl d R s LLC
r
• A check for$250 made payable to the Department of Signature
Environment,Health,andNatural Resources(DEHNR) Landowner or Authorized Age
to cover the costs of processing the application.
• A signed AEC hazard .notice for projects in Please indicate attachments pertaining to your proposed
project.
oceanfront and inlet areas.
DCM MP-2 Excavation and Fill Information
• A statement of compliance with the N.C. X DCM MP-3 Upland Development
Environmental Policy Act(N.C.G.S. 113A-1 to 10) DCM MP-4 . Structures Information
If the proj ect involves the expenditure of public funds X DCM MP-5 Bridges and Culverts
or use of public lands,attach a statement documenting DCM MP-6 Marina Development
compliance with the North Carolina Environmental
Policy Act. NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM—MP-5RFC ,I
VED
MAR 2 7 20n3
BIUDGES -AND COASTAL MANAGEMENT
P-ILIZAI3ETH CITY
CULVERTS . '
Attach this form to Joint Application for CAMA Major i. Height of proposed bridge above wetlands. Th
Permit,Form DCM-MP-I. Be sure to complete all other proposed bridge will be elevated a minimum of 3 f
sections of the Joint Application that relate to this above coastal marsh.
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) Ditch is unnavigable do to existing road and culvei
Wooden bridge construction 155'to the north and existing wooden walkway to th
south.. .
c. Water body to be crossed by bridge 1. Will the proposed bridge affect navigation b,
Ditch classified as SA waters reducing ormcreasingthe existing navigable opening
Yes No X
d. Water depth at the proposed crossing at MLW or If yes, explain
NWL 1.5 ft max.
e. Will proposed bridge replace an existing bridge?
Yes X No
If yes, m. Will theproposedbridge cross wetlands containing nt
(1) Length of existing bridge navigable waters? X Yes No
(2) Width of existing bridge If yes,explain Ditch is unnavigable do to restrictiv
(3) Navigation clearance underneath existing culverts and a wooden walkway.
bridge
(4) Will all,.or a part of, the existing bridge be
removed?.(Explain)
n. Have you contacted the U.S.Coast Guard concernin;
their approval?
f. Will proposed bridge replace an existing culvert(s)? Yes X No
Yes X No If yes;please provide record of their action.
If yes,
(1) .Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above This is the 271h day oflanuaM 2003
the MHW or NWL
(4) Will all, or a part of, the existing culvert be
removed? (Explain) . Print Name Mike Pu h after sl d R s LLC
Signature
Landowner or Authorized Age
g. Length of proposed bridge 40'
h. Width of proposed bridge 30'
Revised 03/95

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Hatteras Island Resort, LLC County: Dare
LOCATION OF PROJECT: Intersection of NC 12 and Atlantic Drive in Rodanthe adjacent to the Pamlico
Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 04/04/03 91ECEIVEMD
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO
APR 0 9 luuj
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES OCOASTALMANAGEM `r
FIELD REPRESENTATIVE: Hawthorn DISTRICT OFFICE: Elizabeth City RALEIGH
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'DI �0d,V6
PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 4130 o3
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: Cc,,,-,u a ON: Lt- /a-03
C) 75 DAY DEADLINE: X'q/A 3 150 DAY DEADLINE:
MAIL OUT DATE: l 4 I STATE DUE DATE: L a `
At Dom' a c-)03105 M
FEDERAL DUE DATE: q/9103 FED COMMENTS REC'D: 4 9 a3
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management- Regional Representative 41111D.5
Y
Coastal Management- LUP Consistency
Division of Community Assistance V/
Land Quality Section y j r5�03 ✓ gd se- U)m CPPrvc C',
Division of Water Quality 5 ag 03 3y� pw� 5 a�J 3
Storm Water Management(DWQ) fo 0 3 SW -1 36oL0°f SSA�z 3'1 �ti 3
State Property Office 51�10 3 ✓
Division of Archives &History 5157P3 ✓
Division of Environmental Health 5 f I 510
3
Division of Highways p�
Wildlife Resources Commission 51SCo3 1/
Division. of Water Resources
Division of Marine Fisheries Ll 5% 0- ✓
Submerged Lands (DMF)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office RECEIVE®
i�
P.O.Box 1000 ,
Washington,North Carolina 27889 1000
IN REPLY REFER TO JUN 2 4;z003
June 17, 2003
O ii
Regulatory Division
Action ID No. 200310513 and State Permit No.78-03
Hatteras Island Resort, LLC
Attn: Mike Pugh -
29 Fairway Drive
Southern Shores, North Carolina 27949
Dear Mr. Pugh:
Reference your revised application for a Department of the Army(DA) permit to place
fill material within freshwater wetlands and construct a bridge and an access road, on property
located off NC Highway 12, adjacent to the North Drain and the Pamlico Sound, in Rodanthe,
Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of General Permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for any
other reason, plans revised to show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any such change or alteration.
Such action is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager

i
-3-
Mr. David Rackley
NMFS, Habitat Conservation Division
219.Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909

0 RECEIVED
A65 WA
Pi JUN 13 2003
NCDENR DfV.OF COARAT L18H MANAGEMENT
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 Permit Processing Coor inator
FROM: John A. Thayer Jr. AICP NE DCM District Planne
Through: Ted Sampson, DCM Northern District Manager
SUBJECT: Major Permit Request by Hatter_ as-Island_Resort:iL;,LLC, to Construct Roadway &
Elevated Bridge, Located East of NC1�2-in-the Village of Rodanthe, Between
Holiday Blvd, &Atlantic Drive, Adjacent the Atlantic Ocean, Dare County.
DATE: June 9, 2003
Consistency: The 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 project involves the construction of a .2 mile paved roadway, including a 30 ft.
wide elevated, pile-supported bridge over the North Drain waterway in Rodanthe. Associated
development with the roadway includes residential resort structures on 18 proposed lots.
The anticipated impacts associated with this request include the filling/loss of: 4,245 sf. of 404
Jurisdictional Wetlands, and the shading of about 300 ft. of Coastal Wetlands & 900 sf. of
Estuarine Waters.
Basis for Determinations: The Dare County Land Classification Map identifies the Rodanthe
Village area within the "Limited Transition"Classification. County policy recognizes that all AEC
areas also qualify for the "Conservation'Classification. 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."
Estuarine Waters: Policy 2.1.2(b),page 53.
"Estuarine Shoreline development should continue to be managed to protect and preserve the natural
resources of the estuarine waters. In addition, development located in estuarine waters shall be
water-dependent, related to development on the estuarine shoreline, or an accessory use to a
structure located on the estuarine shoreline."
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
June 9, 2003
Regulatory Division RECEIVED
Action ID No. 200310513 JUN 12 2003
DIV.OF COASTAL MANAGEMENT
RAL03H
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 Hatteras Island Resort, LLC, for a Department
of the Army (DA) permit to place fill material within freshwater wetlands and construct a bridge
and an access road, on property located off NC Highway 12, adjacent to the North Drain and the
Pamlico Sound, in Rodanthe, 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. No vegetated wetlands will be excavated or filled outside of the authorized area.
3. The 68,147 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. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands are not authorized.
5. 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.

-2-
6. 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,
9'4#4
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
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. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909

�pF VV A rFiQp Michael F.Easley,Govenor
�0 G William G.Ross,Jr.Secretary
c� r North Carolina Department of Environment and Natural Resources
> =1
Q 'C Alan W.Klimek,P.E. Director
Divison of Water Quality
June 5, 2003
Mr. Mike Pugh
Hatteras Island Resort,LLC
29 Fairview Drive
Southern Shores, NC 27949
Subject: Stormwater SW7030412
Hatteras Island Resort Subdivision
Dare County
Dear Mr. Pugh:
This office received your CAMA/DREDGE&FILL Permit Application and supporting
information on April 9, 2003. A preliminary review of your application has been
completed and it has been determined that a Stormwater Permit is also required for this
project. This project has been assigned the number listed above. The following
additional information is needed before a stormwater permit can be issued:
-complete stormwater application &appropriate fee ($420.00)
- site plan showing development and stormwater control measures
- complete.stormwater calculations and details
The above information must be submitted within 30 days, or your application will be
returned as incomplete. If you have questions,please contact me at(252) 946-6481,
extension 233.
Sincerely,
Robert Tankard
Environmental Engineer
Washington Regional Office
cc: Quible &Associates, P.C.
Dare County Inspections
R. Tankard (WaRO)
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

.4 -s
A .
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
June 5,2003
Mike Pugh
Hatteras Island Resort,LLC
29 Fairview Drive
Southern Shores,NC 27949
Dear Mr.Pugh:
This letter is in response to your application request under the Coastal Area Management Act
(LAMA) for the construction of a two-lane, asphalt roadway, a 30-foot wide, two-lane wooden, pile
supported, elevated bridge to provide access to 18-single family homes, located within 75 feet of
estuarine waters of the Pamlico Sound, and within the Ocean Hazard AEC of the Atlantic Ocean, in
Rodanthe,Dare County,North Carolina. Processing of the permit application,which was received by the
Division of Coastal Management's Elizabeth City office on April 7, 2003, is ongoing. However, it has
been determined that additional information will be required prior to the Division taking final action on
your application. Your proposed project will require a stormwater permit from the North Carolina
Division of Water Quality.
The rules of the Coastal Resources Commission state that "no development shall be allowed in
any Area of Environmental Concern (AEC) which would result in a contravention or violation of any
rules, regulations or laws of the State of North Carolina or local government in which the.development
takes place" (T15A:07H.0601), the Division-has.determined that in cases such as this, the stormwater
permit must be obtained prior to the issuance of a CAMA permit. Therefore, it is necessary that
processing of your permit application be placed in abeyance until such time as a stormwater permit for the
proposed project is issued by the North Carolina Division of Water Quality, and a copy of the approval
supplied to this office.
As required by T15A:07J.0204(d), during the pendency of any termination of processing, the
permit processing period will not run. Upon resolution of the above listed item, the Division of Coastal
Management will resume processing of the application at the point where it was terminated.
If you have any questions concerning these matters, please feel free to contact me by telephone
(919/733-2293 ext 247), fax[phone])or e-mail([e-mail]).
Sincerely,
lCristie F. Corson
Assistant Permits&Consistency Coordinator
Enclosure
cc: . Dennis Hawthorne—DCM,Elizabeth City
Joe.Lassiter—Quible&Associates
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

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
�r Washington,North Carolina 27889-1000
IN REPLY REFER TO
May 21, 2003
Regulatory Division
Action ID. 200310513 ECEPY
MAY 27eULI
DIV.OF COASTAL GA9 AGEMENT
Hatteras lsland,Resort, LLC
t� ,
Attn: Mike Pugh
29 Fairway Drive
Southern Shores,North Carolina 27949
Dear Mr. Pugh:
On April 10, 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 the North Drain and the Pamlico Sound,
in Rodanthe, 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 14, 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,
�y S. Kenneth Jolly, P.W.S. .
Chief, Regulatory Division
Enclosures

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

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
�ZFA 3TATFs REGION 4
A Sam Nunn Atlanta Federal Center nPCEIND
r� 61 Forsyth Street,S.W.
"wee Atlanta,Georgia 30303-8960 MAY � 4 2003
g11V.4F COASSTAL ANAGEMENT
Colonel Charles R. Alexander, Jr. RALEIGH
District Engineer "AY 1 t 2
ATTN: Mr. Raleigh Bland
Washington Regulatory Field Office
Wilmington District, Corps of Engineers
P.O. Box 1000
Wilmington,North Carolina 27889-1000
SUBJ: Hatteras Island Resort, LLC.
Action ID No. 200310513
Dear Colonel Alexander:
This is in reference to the above-listed State Field Investigation Report for Hatteras Island
Resort, LLC., dated April 14, 2003. The applicant proposes to construct a bridge'and fill 2,000
square feet of wetlands and 2,800 square feet of estuarine shoreline for an asphalt roadway to
provide access to upland development areas. According to the Report, the project is located near
Pamlico Sound, in Rodanthe, Hatteras Island, Dare County, North Carolina. No mitigation is
proposed.
The U.S. Environmental Protection Agency(EPA), Region 4 Wetlands Regulatory
Section has reviewed the report and sees no attempt to avoid or minimize wetland impacts
generated by this project. Prior to a discharge of fill material into waters of the United States, the
404(b)(1) Guidelines of the Clean Water Act(Guidelines) require a sequential evaluation and
reduction in impact. By Memorandum of Agreement(MOA).between the U.S. Army Corps of
Engineers (Corps) and EPA dated February 6, 1990, this sequencing may be circumvented when
the Corps and EPA agree that the proposed discharge is either necessary to'avoid environmental
harm, or can be reasonably expected to result in environmental gain or insignificant.
environmental loss. At this point in time, we have not agreed that this project meets these
requirements. The project is located adjacent to Pamlico Sound. The water classification
adjacent to the project area is SA, and the waters are closed to shellfish harvesting. Areas such
as the one proposed for impact are extremely important to North Carolina in terms of water
quality improvement,water quantity, flood abatement, sediment stabilization, and wildlife
habitat and food chain maintenance. It appears that there may be other road alignments which
will not cause such a significant impact to wetlands. We will gladly review the alternatives
analysis, if one is available.
EPA is becoming increasingly concerned with the cumulative impacts of small wetland
fills in the Outer Banks area of North Carolina, particularly those which can be avoided or
minimized. We recommend that the applicant consider other road alignments through the

2
property which would avoid or minimize impacts. After adequate consideration of avoidance
and minimization, the applicant should be required to provide in-kind compensatory mitigation
for any remaining wetland impacts at the following minimum ratios:
wetland restoration: 2 to 1
wetland enhancement: 4 to 1
wetland creation: 6 tol
wetland preservation: 10 to 1.
Thank you for the opportunity to comment on this project. If you have any questions or
comments, please contact Kathy Matthews, of my staff, at(706) 355-8780.
Sincerely,
f
RoJJ. 0 k, Chief
Wetlands Regulatory Section
cc: NMFS, Beaufort,NC
USFWS, Raleigh
DCM/NCDENR, Raleigh i
DCM/NCDENR, Washington,NC

RECEIVED
MAY 0 5 2003
DH.OF COASTAL MANAGEMENT
.. RAL q8H
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: Doug Huggett,Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural72/�k
FROM: David McHenry,Northeast Coastal Region CoordinatorHabitat Conservation Section
DATE: April 29,2003
SUBJECT: CAMA/Dredge and Fill Permit Application for Hatteras Island Resort,LLC,Rodanthe,
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 113A-128), as amended, and the Fish and
Wildlife Coordination Act(48 Stat.401, as amended; 16 U.S.C. 661 et seq.).
The applicant is developing an 18-lot subdivision next to the Villas at Hatteras Island Resort in
Rodanthe,North Carolina. The development includes construction of 1,100 linear feet of paved roadway
and an associated 40 linear foot long bridge over the North Drain to provide access to nine of the lots on
the middle portion of the property. A total of 2,800 square feet of upland,Estuarine Shoreline and 4,245
square feet of jurisdictional wetlands would be filled for the road and bridge construction.
The Commission is concerned with impacts of the project on wildlife habitat in the North Drain
and associated pond. During the site visit,isolated areas of widgeon grass(Ruppia maritima)were
observed along the drain and within the proposed bridge alignment. This and similar submerged aquatic
vegetation is excellent forage waterfowl that likely use this brackish canal system,particularly during the
winter months when human activity in the surrounding watershed is low. However,waterfowl use also
occurs in the canal during other seasons as evidenced by the flushing of a black duck(Anas rubripes)
during the site visit. Shading by the proposed bridge will diminish available SAVs in the drain and
jurisdictional wetland filling and impervious coverage from development of the roadway and lots will
increase water,nutrient, sediment, and contaminant transport to surrounding areas. These factors will
likely contribute to chronic degradation of waterfowl habitat in the North Drain and pond.
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:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center•Raleigh,NC 27699-1721
Telephone: [phone] ext.281 • Fax: [phone]

CMDF—Hatteras Island Resort Page 2 April 29,2003
1. The need for the bridge over the North Drain is questionable given that none of the property is
isolated from road access. The nine western—most lots have immediate access to NC 12 and the
remaining lots could have indirect access to NC 12 via property owned by the applicant with a
short connection to Marine Avenue and Atlantic Drive. Therefore, any local requirements for the
two connections for all portions of the development should be demonstrated before issuance of a
permit. If the bridge is permitted,the use of grated steel material instead of the proposed wooden
structure should be used to minimize bottom shading in the North Drain.
2. A stormwater management plan should be developed and approved for this project because of the
potential to impact sensitive wetland habitats.
3. The roadway alignment should be modified to avoid the wetland impact along the northern
property boundary or it should be clearly demonstrated that the impact from the proposed
alignment is unavoidable. A southern shift of a portion of the roadway would only reduce the
depth of four lots from approximately 225 feet to 200 feet.
The Commission appreciates the opportunity to review and comment on this permit application.
If you need further assistance or additional information,please contact me at(252) 946-6481 extension
345.
cc:
Bland,R.—US Army Corps of Engineers,Washington Regulatory Field Office
Hall,H.—US Fish and Wildlife Service,Raleigh

RECENED,
THE ARMY
WILIVIINGTON D STMRICT,ENT OF, OF ENGINEERS � APR 1 7 2003
P.O.Box 1890 L\
Wilmington,North Carolina 28402-1890 OFCO �al'p�L AMO URr
IN REPLY REFER TO �A ���'^O'°`�� 9RJ�
�if'd61�ri711'T
hvd uy.
Regulatory Division _
- - =Action ID: ! 1 Applicant:
Waterway: uyy, t ev County: �4' . Work Type:' ,�A.i 1 '` EU� r✓
Mr. Ron Sechler Mr. Doug Huggett
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 9
Post Office Box 33726
Raleigh, North Carolina 27636-3726 C44 Regional Office
Division of Coastal Management
Mr. Ronald J. Mikaluk, Chief NC Department of Environment,Health
Wetlands Section—Region IV . and Natural Resour es
Water Management Division a�
U.S. Environmental Protection Agency envf-,. u C'
61 Forsyth Street, SW V
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291,the CAMA-Corps General Permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before k 01 M 4 IQ 07a
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Y h
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure
i

I
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 14, 2003
Regulatory Division
RECEIVED
- -- - : -- --- __Action ID No. 200310513 APR 1 7 2003
V®FCOASTALMANAGEMEW
RALEISH
Mr. John Domey
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 ' attera ::Island Resort LLC, for Department of the
Army (DA) authorization and a State Water Quality Certification to place fill material within
freshwater wetlands and construct a bridge and an access road, on property located off NC
Highway 12, adjacent to the North Drain and the Pamlico Sound, in Rodanthe, 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 16,2003, the District
Engineer will deem that.waiver has occurred.

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 14, 2003
Regulatory Division
Action ID No. 200310513 RECEIVED
APR 1 7 2003
DIX O OASTA�SI AGSPEN`?'
Haa.,eras-Is'la d`Resortt�LLC
Attn: Mike Pugh
29 Fairway Drive
Southern Shores, North Carolina 27949
Dear Mr. Pugh:
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 10, 2003, for Department of the Army (DA)
authorization to place fill material within freshwater wetlands and construct a bridge and an
access road, on property located off NC Highway 12, adjacent to the North Drain and the
Pamlico Sound, in Rodanthe, 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

r '
-3-
Copies Furnished (without enclosure):
Mr-Doug Huggett
ision of Coastal Management
vv North 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

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Govemor Donna D. Moffitt, Director William G, Ross Jr., Secretary
April 7, 2003
RECEIVED
MEMORANDUM: APR 15 2003
TO: Mr. William A..McNeil, Director ojd OFC®S E ANAG W
Division of Community Assistance
FROM:.. Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hatteras Island Resort, LLC
Project Location: Intersection of NC 12 and Atlantic Drive in Rodanthe, Dare County
Proposed Project: Construct an asphalt roadway with 2 lane wooden, pile supported, elevated
bridge.
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
Lynn W.Mathis at(252)264-3901. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
L-ef'This agency has no comment on the proposed project.
This agency approves of the project only if the:recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED �; _ DATE
1367 U.S. 17 South, Elizabeth City, North.Carolina 27909'
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

ti� f
NCDENR VV
T'. North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
April 4, 2003
MEMORANDUM:
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM:. Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hatters Island Resort, LLC
Project Location: Intersection of NC 12 and Atlantic Drive in Rodanthe,Dare County
Proposed Project: Construct an asphalt roadway with 2 lane wooden, pile supported, elevated
bridge.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by-Apri125,2003:-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 DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR APR I
r-
North Carolina Department of Environment and Natural Resources.sta-!U propal—Y
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 11,2003
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director
State Property Office AY
0 2',,2003
Department of Administration
Q'iVO7A 4s
FROM: Doug Huggett af g Iq
%,(
( of%
Major Permits Processing Coordinator 4T
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HATTERAS ISLAND RESORT, LLC
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO
.LANE WOODEN, PILE SUPPORTED, ELEVATED BRIDGE
OVER AN EXISTING DITCH TO PROVIDE ACCESS TO THE
PROPOSED UPLAND DEVELOPMENT ON THE PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 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 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

K
RECEIVED tv ���1 ,P ,_ � .19
MAY 0 5 2003 �- � APR 1 2003
ppy, co%LLqemALM"GEMM NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 11,2003
3 - 1085
MEMORANDUM14
,
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
APPLICANT: IirAT,T=ERyAS'ISL-AND-RESOR-T.,,_LLC ,t� Cs
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO
LANE WOODEN, PILE SUPPORTED, ELEVATED BRIDGE
OVER AN EXISTING DITCH TO PROVIDE ACCESS TO THE
PROPOSED UPLAND DEVELOPMENT ON THE PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
T 's .gency o) s to the L,project or re sons described in the attached comments.
SIGNED ' 71L DATE a�
RECEWED
APR 2 3 2003 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 APR 1 6 2003

U - 05
NCDENR
North Carolina Department of Environment and Natural sources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director illiam RossSe etary U;
rI ' !� d
April 11,2003
Real"
MEMORANDUM MM
TO: Linda Sewall, Director
Division of Environmental Health DIV.®F� IRp,LE1QH ij)
FROM: Doug Huggett (,� APR 17 2003
Major Permits Processing Coordinator P
SHELLFISH SANITATION
SUBJECT: CAMA PERMIT APPLICATION REVIEW L
APPLICANT: HATTERAS ISLAND RESORT, LLC
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO
LANE WOODEN, PILE SUPPORTED, ELEVATED BRIDGE
OVER AN EXISTING DITCH TO PROVIDE ACCESS TO THE
PROPOSED UPLAND DEVELOPMENT ON THE PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 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 toth�ec�asgns described in the attached comments.
SIGNE a�L� GtAcC DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

� s �
APR 16 2003
NCDENR
North Carolina Department of Environment and Natur � rkltT 1 OFFICE
Division of Coastal Management 6�
Michael F.Easley,Governor Donna D.'Moffitt, Director i ra G. oss Jr.,Secretary
April 11,2003
MEMORANDUM CEIVED
TO: Mr. Roberto Canales APR 5 2003
State Construction/Materials Branch 2 `"
Division of Highways 0W:0FWrALy
AALE'f�.ANA
QWW
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: IICATTERAS-ISL9ND RESORT,—LI;c
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO
LANE WOODEN, PILE SUPPORTED, ELEVATED BRIDGE
OVER AN EXISTING DITCH TO PROVIDE ACCESS TO THE
PROPOSED UPLAND DEVELOPMENT ON THE PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 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.
V"PL
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 ��Yl/i�/ �/! Y 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\10%Post Consumer Paper

cC
��
Q� L < I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 11,2003
MEMORANDUM RECEIVED
TO: David McHenry
Wildlife Resources Commission MAY 0.5 ZUUJ
ATTN: Habitat Conservation Program
Dt11.OF COASTAL MANAGEMENT
FROM: Doug Huggett RALL90H
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: IirAVTtT S*1SL M 1►JRESORAT LLC
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT:CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO
LANE WOODEN, PILE SUPPORTED, ELEVATED BRIDGE
OVER AN EXISTING DITCH TO PROVIDE ACCESS TO THE
PROPOSED UPLAND DEVELOPMENT ON THE PROPERTY.
Please. indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 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.
is agency has no comment on the proposed project.
This age proves of the project, only if the recommended changes are incorporated.
is agency bjects to the pr ject for 'reasons described in the attached comments.
SIGNE f DATE
19
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: '919-733-1495\Internet: http://dcm2.enr.state.nc.us
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x1
—�— APR 1 --
NCDENR ®11 o0\1 S OF
North Carolina Department of Environment and Natural Resources .OTER pE8oURCES
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 11,2003
MEMORANDUM RECOVED
TO: Mr. John Sutherland, Chief ,ll II 0 8. 2003
Water Planning Section ;
Division of Water Resources °®��RAIM .
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HATTERAS-ISLAND RESORT, LLC $,p3
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO LANE
WOODEN, PILE SUPPORTED, ELEVATED BRIDGE OVER AN
EXISTING DITCH TO PROVIDE ACCESS TO THE PROPOSED
UPLAND DEVELOPMENT ON THE PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 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 7 7 03
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
April 11,2003
MEMORANDUM RECEWED
TO: Mr. John Sutherland, Chief JUL 0 8 2003
Water Planning Section
Division of Water Resources � �
Aff
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HATTERAS ISLAND RESORT, LLC IV
PROJECT LOCATION: INTERSECTION OF NC 12 AND ATLANTIC DRIVE IN
RODANTHE ADJACENT TO THE PAMLICO SOUND.
PROPOSED PROJECT: CONSTRUCTION OF APPROXIMATELY 0.2 MILE OF 2-LANE,
ASPHALT ROADWAY, INCLUDING A 30-FT WIDE, TWO LANE
WOODEN, PILE SUPPORTED, ELEVATED BRIDGE OVER AN
EXISTING DITCH TO PROVIDE ACCESS TO THE PROPOSED
UPLAND DEVELOPMENT ON THE PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 2, 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.
1
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 �L d)
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
MEMORANDUM RaMERVED
TO : Doug Huggett
THROUGH : Ted Sampson APR 0 ,9 juLj
FROM : Dennis W. Hawthorn QFG0A8 IMANAGFt.1 �i7
DATE : April 1, 2003 GH
SUBJECT Hatteras Island Resort, LLC, Dare County,
CAMA Major Permit Recommendations
This project involves the construction of approximately 0.2-of a mile of asphalt roadway,
including a 30-ft wide two lane, elevated, wooden, pile supported bridge over the North Drain
waterway, located in Rodanthe, on Hatteras Island, Dare County. The project also includes the
associated upland residential development, associated with the roadway, although, most is not
located within any CAMA AEC. The proposed roadway and bridge will provide access to the 18
individual lots located on the applicant's property. These lots currently do not have any road
frontage access.
The project will result in the shading of 300-sf of coastal wetlands, and 900-sf of Estuarine
Waters. The project will also result in 2,800-sf of upland land disturbance within the Estuarine
Shoreline of connecting waters of the Pamlico Sound. Other impacts that are associated with this
project will be the filling of 4,245-sf of`404' US ACE wetlands, of which approximately 2,000-sf
are located within the Ocean Erodible Area of the Atlantic Ocean.
The most significant impacts that can be anticipated will result from the cumulative impacts
associated with the future subdivision development, associated with both the possible additional
filling of adjacent USACE jurisdictional wetlands not directly associated with this proposal, 'as
well as the probable upland development. Increased stormwater runoff can also be anticipated, and
may impact coastal resources. Although the application indicates that the proposed development of
the subdivision, bridge and roadway will not exceed over an acre of land disturbance, it is
anticipated that the roadway and bridge construction, as well as the residential development will in
fact, result in greater than one acre of impacts. Stormwater concerns should be addressed prior to
any actual subdivision development, including bridge construction.
Because this development will result in the land disturbance of over 21-acres with 18-separate
residential home sites located in the vicinity of known cultural or archeological resources, there
exists potential for the discovery of cultural resources. 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 within 2,000-ft of this project. Since
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dom2,enr.state.nc,us
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Hatteras Island Resort, LLC, Dare County,
CAMA Major Permit Recommendations
April 1, 2003
Page 3
prepared by Quible & Associates, dated February 7, 2003 and revised March 5,
2003', March 25, 2003, and April 3; 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.
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

Michael F. Easley, Governor 7
�OF W q TF9Q
O G William G. Ross, Jr., Secretary
_CO r North Carolina Department of Environment and Natural Resources
p '< Alan W. Klimek, P.E. Director
Division of Water Quality
March 18, 2005
Mr. Mike Pugh, Partner rk
77
�,Hattie Creef Landing, LLC ,(
29 Fairway Drive
Southern Shores,
NC 27949
Subject: Permit No. SW7 050106 }� Q�
Hattie Creef Landing Subdivision
Low Density Subdivision Stormwater Permit Morehead U
Dare County
Dear Mr. Pugh:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Hattie Creef Landing subdivision on March 16, 2005. 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. SW7 050106, dated March 18, 2005, for the
construction of the project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit that may
be required.
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.
If you have any questions, or need additional information concerning this matter, please contact Roger
Thorpe at [phone].
Sincerely,
G �
Edward Beck
Acting Regional Supervisor
Surface Water Protection Section
EB/:ghb S:\WQS\STORMWAT\PERMIT\050106
cc: Eduardo J.Valdivieso,P.E. (Quible&Associates)
Dare County Inspections
NCDOT district engineer for Dare County
Gary Beecher(DWQ)
Central Files
Division of Coastal Management
V44vii n Regional Office
Vj/3 ieo
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office. Wilmington,NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarollina
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Naturalllf

State Stormwater Management Systems
Permit No.SW7 050106
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Mike Pugh, Partner
Hattie Creef Landing;LLC
27412 North Carolina Hwy 12 in Salvo
Dare County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 18 lots is limited to the maximum square footage of built-upon area, as
indicated in the table below. CAMA regulations may reduce the allowable built-upon area
for those lots within the AEC.
Lot# Max Lot# Max Lot# Max Lot# Max Lot# Max Lot# Max
BUA BUA BUA BUA BUA BUA
1 3,611 . 4 3,232 - 7 _ 4,820 10 4,498 13 3,745 16 3,259
2 3,298 5 3,278 8 5,045 11 4,397 14 3,223 17 3,247
3 3,262 6 3,745 9 4535.7 12 5,199, 15 3,257 18 3,490
2. The overall tract built-upon area percentage or lot sizes for the project must be
maintained at 25%, per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
2

6- 6-03; 9: 1 1 AM;(DU 1 U I e and ASSOC. ; 1 252 261 1260 ## 2/ 9
�0F W A rEgQ chael F. Easley, Governor
William G. Ross,Jr. Secretary
r Alan W. Klimek,P.E., Director
March 10, 2003
Mr. Michael Pugh
Hatteras Island Resort, LLC
29 Fairway Drive
Southern Shores, North Carolina 27949
Subject: Stormwater SW7030209
Hatteras Island Resort Subdivision
Dare County
Dear Mr. Pugh:
The Washington Regional Office received the completed Stormwater Application for the subject
project on February 3, 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. SW7030209 dated March 10, 2003 to the Hatteras
Island Resort, 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 276 1 1-7447, Unless such demands are made this
permit shall be final and binding.
post-it®Fax Note 7671 Date G q C. page/s���g
To From (I ,4e- L�ISCYI
Co./Dept.D�JI. Co.
Phone# Phone#
Fax#dcj'a 900 ga163 Fax IF
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

6- 6-0.3; 9: 1 1 AM;QU I b l e an d Assoc. ; 1 252 261 1 260 ## 3/ 9
Page 2
Mr. Michael Pugh
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,
d-Jim Mulligan
Regional Water Quality Supervisor
cc: --'(�uible & Associates
Dare County Inspections
Washington Regional Office
Central Files
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

6- 6-03; 9: 11AM;QUi ble and Assoc. ; 1 252 261 1260 # 4/ 9
State Stormwater Management Systems Permit No. SW7030209
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY.
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws,Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
The Hatteras Island Resort, LLC
Dare County
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with
the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules'D and the
approved stormwater management plans,and specifications, and other supporting data.as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit for grass swales to serve the proposed Hatteras Island Resort subdivision located
approximately 280 feet north of the intersection of NC Hwy. 12 and SR 1247,Rodanthe,NC.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. The following criteria are approved as meeting the stormwater rules for this project:
a. The total area for this project is 8.72 acres.
b. Total impervious area proposed for this project site is 2.18 acres.
C. Total number of lots is eighteen.
d. Allowable built-upon area must be consistent with proposed plans and restrictions
submitted in the application by the peznuttee.
3

6- 6-03; 9: 11AM;Quible and Assoc. ; 1 2S2 261 1260 # S/ 9.
2. The overall tract built-up on area percentage or lot sizes for the project must be
maintained at levels at least as stringent as the low density levels specified in the
stormwater rules.
3. The development must demonstrate that no areas within the project site are of such high
density that stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered by this permit are incorporated.by
reference and are enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:I (H:V) or curb outlet systems as defined in the
stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface
such as a road.
b. That minimum amount needed under driveways4o provide access to lots.
7, Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
8. No homeowner/Lot owner/developer shall be allowed to fill in, alter, or pipe any
vegetative practices (such as swales) shown on the approved plans as part of the
stormwater management system without submitting a revision to the permit and receiving
approval from the Division.
9. Each of the lots in the subdivision will be limited to the amount of built-upon area
indicated in the approved plans and consistent with item 1 above.
10. The permittee.is responsible for verifying that the proposed home plans do not exceed the
allowable built-upon area. Once the lot transfer is complete, the home plan may not be
revised without approval from the permittee, and responsibility for meeting the built-
upon area limit is transferred to the individual homeowner.
11. The Engineer/Owner/Developer/Permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within substantial
intent of the approved plans and specifications.
12. Deed restrictions are incorporated into this permit by reference and must be recorded
with the Office of Register of Deeds. A copy of the recorded restrictions must be
received by this Office within 30 days of the date of recording. Recorded deed
restrictions must include, as a minimum,the following statements related to stormwater
management:
4
A

6- 6-03; 9: 11AM;QU I b I and Assoc. ; 1 252 261 1260 # 6/ 9
a. A statement of the allowable built-upon area per lot in the following form:
"The allowable built-upon area per lot shall not exceed (see attachment) square feet,
inclusive of that portion of the right-of-way between the front lot line and the edge of the
pavement, structures, pavement, walkways of brick, stone, slate, not including wood
decking."
b. Items related to stormwater management must remain in the deed restriction, and
this is to be indicated by including the following: "The covenants pertaining to
stormwater regulations may not be changed or deleted without concurrence of the State."
C. To assure that vegetated conveyances are not piped (in accordance with item 5)
deed restrictions must indicate that:
"Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any
persons."
13. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built-upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions to the project should require
a modification to the permit.
14. The Director may notify the permittee when the pernutted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the
notice, the permittee shall submit a written time schedule to the Director for modifying
the site to meet minimum requirements. The permittee shall provide copies of revised
plans and certification in writing to the Director that the changes have been made.
IL SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for construction and maintenance
of the Low Density Option stormwater systems:
a. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
5

6- 6-03; 9: 11AM;Qulble and Assoc. ; 1 252 261 1260 # 7/ 9
2. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
b
a. Inspections
b. Sediment removal
C. Mowing, and revegetating of the side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and specifications.
3. The permittee shall submit recorded deed restrictions limiting built-upon area per lot in
accordance with Part I, item 9, within 30 days of the date of recording.
4. The Permittee.shall submit the Engineer/Owner/Designer/Permittee Certification in
accordance with Part I, item 12,within 30 days of completion of the project.
5. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
III. GENERAL CONDITIONS
1, Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revolted or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al.
5. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for those revisions under any
of the following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of built=
upon area proposed regardless of the size of the modification.
b, Further subdivision of the project area.
6

6- 6-03; 9: 11 AM;(Du Ible and Assoc. ; 1 252 261 1260 # 8/ 9
6. The permit-is not transferable to any person except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the
permit to change the name and incorporate such other requirements as may be necessary.
A formal permit request must be submitted to the Division of Water Quality accompanied.
by the appropriate fee, documentation from both parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its
merits, and may or may not be approved.
7. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules,regulations, or ordinances which may be imposed by other government
agencies (local, state and federal) which have jurisdiction.
Permit issued this the 10th day of March, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�'Aian W, Klimek, P.E. Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7030209
. 7

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
February 26, 2003
Douglas A. Dorman F E B 2 8 2003
Quible &Asociates, P.C. DIy OF COASTAL MANAGEMENT,
P. O. Drawer 870 RALEIGH
Kitty Hawk, NC 27949,
Re: Hatteras Island Resort, L.L.C.'s Sub-division Bridge and
Road Access Project
Dear Mr. Dorman:
The Division of Coastal Management hereby acknowledges receipt of your application on
February 18,'2003, for State approval for.the development of,the referenced project. An initial
screening of the submittal package has been conducted. This revealed certain deficiencies, which
must be corrected before the application package can be accepted as complete. To assist you in
expediting the permitting process as much as possible, I am notifying you of these deficiencies
immediately so.that they can be quickly corrected to facilitate.the detailed review by the Field
Representative.
I am returning the original application package (less the drawings) so that the needed changes
can be made, but will retain a copy so that the Field Representative can commence the detailed
review. It does not appear that the drawings require any revisions at this time. Please understand
that the subsequent detailed review may reveal additional areas where further information or
documentation is required to demonstrate compliance with the rules directly applicable to the
proposed development. If this occurs,you will be,notified of such issues separately by the Field
Representative.
Our initial screening has identified the following deficiencies:
1. Not all questions on the application have been answered, or indicated as "not applicable.
Please address the following items: Form DCM-MP-3, paragraphs "d," "g," and "ri"
concerning size of wetland area to be filled, percentage of tract within AEC to be covered
by impervious surface, and when the lot was platted and recorded.
2. Adequate Work Plans or Drawings have not been submitted. Please address the following
items:
■ When drawings are larger than 11 inches by 17 inches, 30 copies must be
provided. We understand from your cover letter that the additional copies will be
provided once all required revisions to the drawings have been completed.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\1 o%Post consumer Paper

DCM% DWQ%
Development Type FEE f14300 1601,435100093 1625 6253) (24300 1 S02 43SI00095 2341
1. Private,non-commercial
development that does not Involve S250 100%(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%($400) 0%(SO)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up 10 1
acre of wetlands and/or open water
areas,determine if A,S,C,or D
below applies:
III(A). For Private,non-0ommercial
development,If General water Quality S250 100%(S250) 0%($0)
Certification No.3301 (see attached)
can be applied:
MAN
or public or commercial
development,if General water Quality S400 100%(S400) 0%(SO)
Certification No.3301(see attached)
can be applied:
Iit(C). If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff S240 40%(S160)
determined that additicnal review and $400 60%( )
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality S240 40%(S160)
Certification No.330i (see attached) S400 60%( )
can not be applied:
IV. For development that involves
the filling and/or excavation of more 5475 60%.(S265) 40%(S190)
than one acre of wetlands and/or
open water areas:

f 1
r.
e CDE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
April 7, 2003 RECEIVED
APR 0 9 2003
DKOFCOASTALMANAGR4ENT
.The.Coastland Tunes WEIGH
Legaj Advertisement Section
P. O. Bo.x 428
Manteo, North Carolina -27954
Re: Public Notice - HATTERAS ISLAND RESORT, LLC PROJECT
Dear Sir:
Please publish the attached Notice in the Thursday, April 10, 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,
ed Sampson
I 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

rao� �e
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
April 7, 2003
Douglas A. Dorman
Quible &Associates, PC APR 0 9 Z003
P. O. Drawer 870
Kitty Hawk, North Carolina 27949o �® �
Dea�..Mr. Dorman:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of property located at the intersection of NC 12 and Atlantic Drive in Rodanthe,
Dare County. It was received on April 7, 2003? and appears to be adequate for processing at this time.
The projected deadline for making a decision is June 21, 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
Hatteras Island Resort, 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

1V
I
PEAR 133 2003
Quible
Quible &Associates, P.C. r f 2...I"' fi ,,�a-O
er870
! `i _ qv7c, C 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING f je:252 261-3300
SINCE 1969 CERTIFIED MAIL ! n-—�----Fax-252 261 1260
RETURN RECEIPT REQUFSTED PRINCIPALS
Sean C.Boyle,P.E.
Joseph S.Lassiter,C.E.P.
�Tarch 5. 20s?3 Y7, I Eduardo J.Valdivieso,P.E.
` " ASSOCIATES
Joseph J.Anlaui,RE,
Gretcheu Byri im n3
�„ j David S.Neff
N'CDOT, District Engineer
MAR 2 � ��
1929 North Road St. ,;c)i.\ST 1-.MANAGEMENT
Elizabeth City,NC 27909 vt.IZAB TH CITY
Re: Major Coastal Area Management Act(CAMA)Permit Application
Frisco, Dare County,North Carolina
Dear Mrs. Byram:
The purpose of this correspondence is for Quible and Associates,P.C. to inform you as a adjacent
riparian property owner to the Hatteras Island Resort LLC, of the property owners plans to construct a
bridge over an existing ditch that is classified as SA waters. 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 tc: respond in either method within 30 days will be interpreted as no objection.
Sincerely,
Quible and Associates,P.C.
Douglas A. Dorman
f �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.
4
Riparian Landowner Signature /J'-s..gj `� �✓ _
ate

. Quit e COAR141 p q.p 1, -
Quible &Assoclates, P.C. El I�AB�TM Cl� P.O.Drawer870
NC 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING
CERTIFIED MAIL Hawk.25 261-3300
SINCE 1959 RETURN RECEIPT REQUESTED Fax:[phone]
REMOVED PRINCIPALS
February 11, 2003 Josephs,Lassiter C.E.P.
Eduardo J,Valdlvleso,P.E.
P.W. � �nn� AssocwTrs
.W. Trueblood Jr.
Joseph J:Anlaut P.E.
PO Box 67 0()ASTkL MANAGEMEN Davids.Neff
FLIZAB1 �., �Roper,NC 27970 `. �,
Re: Major Coastal Area Management Act(CAMA)Permit Application LIAR 2 7 2nii9
Frisco, Dare County,North Carolina
COASTAL MANAGEMENT
Dear Mr. Trueblood: ELIZABETH CITY
The purpose of this correspondence is for Quible and Associates,P.C. to inform you as a adjacent
riparian property owner to the Hatteras Island Resort LLC, of the property owners plans to construct a
bridge over an existing ditch that is classified as SA waters. 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: Mike Pugh
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 ONDELIVEI*
IN Complete items 1,2,and 3.Also complete ignature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by( rint N e) lr/
liys�p■ Attach this card to the back of the mailpiece, '
or on the front if space permits.
D. Is delivery address differ f ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MAR 2 7 2003
MS GRETCHEN BYRUM COASTAL MANAGEM€W
NCDOT 3. Service Type
PO BOX 1405 ❑Certified Mail ❑ Express Mail
ELIZABETH CITY NC 27906 ❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number7002 0860 0003 5686 5521
(Transfer from service label) '
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M- 5
SECTIONSENDER: COMPLETE THIS
I COMPLETE . . .ELIVERY
■ Complete items 1,2,and 3.Also complete e
item 4 if Restricted Delivery is desired. /
■ Print your name and address on the reverse �/ ❑Agent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, B. calved by( Anted !me)' C. DaXof Del' ery
or on the front if space permits. O 6 >
1. Article Addressed to: D. Is delivery address r i 17 ❑Ye
If YES,enter delivery address below: ❑ No
J Phelan Realty NAR 0 7 .2003
Holliday Shores LTD Partnership C0�, �A! AhA Q PO Box 3396 -
Kill Devil Hills%FORVELP 3. Service Type
❑Certified Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
MAR 2 7 2003 ❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number ".�A;,IAL IVIH UC
(Transfer from service label) ELIZABETH CITY 1102 0860 0003 5686 3299
PS Form 3811,August 2001 Domestic Return Receipt
102595-02-M-1035

rr# �
.yf�".y ttg�Ak�
ED
252 261 8444;0 2 Y"�'EIV
yy•LLC VOIIUC VCII{•CI U1Ol+n LJL LV1 VTTT r/•L
GEAR 2 .7 2003
MANAGEMENT
Piled Book: 1447 Papa: 4e0 goo Id. 6073611 r•I•hABETH CITY
06130/2002 HAI M Reoelpt tit Wale
-� REAL ESTATE Oao Codr. OEED NC Excise Tax 0d: s10400.00
DARE Y r BARBARA M CRAY. REGISTER OF DEEDS DARE CO, ND
COUNTY TRANSFER TAX .; �
8073�11
APPROVED IIIIIII111111111I11IIIII IIIIIIIII IIIIIIIII IIIIIIIII IIII page:012002 04 OM *AS TAL MANAGEA�
DARE COUNTY TAX L►zABETl�CITY ENT
COLLECTOR
NORTH CAROLINA SPECIAL WARRANTY DEED rya
Excise Tax$10,400.00
Land Transfer Tax: 352,000.00
Tax Lot No. Parcel IdentifierNo. 012tiN_w R 027mollo
Verified by County on the_day of ,19_ GEAR 0 l Jn n
by
Mail after recording to Daniel D. Khoury, Attorney-at-Law0A�TqL It4EiNgGEArtEIVT
Kitty Hawk, HC 27949 �I �� TH CITY
This instrument was prepared by: Womble Carlyle Sandridge&Rice,PLLC(KM
Brief Description For the Index
THIS DEED made this 21 st' day of August,2002,by and between
GRANTOR GRANTE
HATTERAS PROPERTIES,INC.,a Tennessee HATTERAS ISLAND RESORT,LLC,a
corporation North Carolina limited liability eompuny
Post Office Box 520
1024 West Main Street 29 Fairway Drive
Livingstou,Tennessee 28570 Southern Shoros, HC 27949
(an undivided 50%ownership interest as Tenant-in-
Common)
ISLAND RESORT,LLC,a Kentucky limited liability
company
99 Lancaster Street
Stanford,Kentucky 40484
(an undivided 50%ownership interest as Tenant-In-
Common)
Enter in appropriate block for each party:name,address,and,if appropriate,character of entity,e.g.,corporation or
partnership.
The designation Grantor and Grantee as.used herein shall include said parties,their heirs,successors,and assigns,
and shall include singular,plural,masculine,feminine or neuter as required by context.
WITNESSL•TI-I,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby
aclurowiedged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that
certain lot or parcel of land situated in the Village of Rodanthe,Hatteras Island,Kinnakeet Township,Dare County,
North Carolina and more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
'N.C. Bar Assoc,Form No. 6 @ 1977
Printed by Agreement with the N.C. Bar Assoc. #003
RAL5101-1 418519YZ

' .GENE
252 261 a444;iF 4
MAR 2 7 2003
I+ 1 I I{ COASTAL MANAGEMENT
ELIZABE,rH CITY
�'�II)Illlf IIIIIII Illy IIII'lll��l�ll��I�Il�li IIII III 0Pap;012002 06:61PM R 'e FZm Stoma I E D
FED _1�18 2003
{:COASTAL MANAGEMEW
HAT-fERAS O 5, C., ess o o tffi ELIZABETH CITY
BY'.
esident
iiS[,AIYD RESORT,LLC,a Kentucky limited liability company
M7 IV
By:First Southern Funding,LLC,a �p� 7 ?jl P-4
Kentucky limited liability company,its Member U961��
By cop S fAL MANAGEMENT Vice President ELIZABETH CITY
�-: DL STAMif•�ccte of Tennessee, bQv �•Sac\County.
p�;• NOTARY •.PUBLIC �the undersigned, a Notary Public of the County and State aforesaid, do hereby certify that AT ;M,.��It:�`4 V.t�(LIcIP., ,Grantor,personally appeared before me this day and acknowledged that
O LARGE ��President of Hanera Properties,Inc„a Tennessee corporation,and that lie,as President,being
9G. c�tttlorized to do so,executed the foregoing instrument on behalf of the corporation.
fS,QNrC 0U0,r Witness my hand and official stamp or seat,this 21 5day of August,2002,
My Cornmission ExplresJAI,29,=a i.
My commission expires:�Tti %`' Notary Public
SEAL-STAMP Commonwealth of Kentucky, County.
I, the undersigned, a Notary Public of the County and State aforesaid, do hereby certify that
personally came before me this day and acknowledged that he/she is the Vice
President of First Southern Funding, LLC , a Kentucky limited liability company (the "Second
Company"),Member of Island Resort,LLC,a Kentucky limited liability company(the"Company")
and that by authority duly given and(a)as the act of the Second Company and(b) as the act of
Company,the foregoing instrument was signed in the name of the Company and in the name of the
Second Company by the Second Company's Vice President.
Witness my hand and official stamp or seal,this_day ofAugust,2002.
My commission expires: Notary Public
The foregoing Certificate(s)of
is certified to be correct.This instrument and this certificate are duly registered at the date and time and in the Book
and Page shown on the firsr page hereof'.
REGISTER OF DEEDS FOR DARE COUNTY
By Deputy/Assistant-Register of Deeds,
RALEIGH 418519v2

• RECEIVEL)
10:51AM i 2S2 261 8444;# 6
11-LTa VOIIUC VCIi I.CI U1GUl� LJL LUL UTTT 11.0
MAR 2720113
IIIIIIIIIIIII��IIIIIItIIIIIIIIIIIIII�IIIII"I�IIIIIIIII page: 6 o1 s COASTAL [ViANBE-TH CITYEiVT
6073'3ii 1=1.17.r',cb:fl-1 CITY
9e130120e2 oa etpn nt�_;CEIV ®.
Exhibit A
FIRST TRACT FEB ~ 7003
Beginning at an iron rod, said point marking the intersection of the northern margin of the 50 COASTAL MANAGEMEW
foot right-of-way of North Carolina State Road 1247 with the eastern margin of the 100 foot ELIZABETH CITY
Tight-of-way of North Carolina State Route 12;running thence along the eastern margin of the
100 foot right-of-way cf North Carolina State Route 12,North 04 deg.20 min.54 sec.East 41.87 �;
feet to an iron rod; thence continuing along the eastern margin of the 100 foot right-of-way of `� �r ``�nM:.
IVED
North Carolina State Route 12 along an are to the left having a delta angle of 10 deg.03 min.09
sec, a radius of 2713.41 feet,and a chord bearing of North 00 deg.40 min.40 sec.West with a
chord distance of 475.46 feet to an iron pipe;thence North 05 deg.42 min. 15 sec. West 61.42 MAR 6
feet to an iron pipe,said iron pipe marking the intersection of the southern margin of the 60 foot
right-of-way of Holiday Boulevard with the eastern margin of the 100 foot right of way of North f';CQASTAL NIANAGEMENT
Carolina State Route 12;thence cornering South 82 deg.45 min.05 sec.East along the southern FL.17_AB£TH CITY
margin of the 60 foot right-of-way of Holiday Boulevard, 220.92 feet to an iron rod; thence
cornering South 07 deg. 14 min. 55 sec, West 110.00 feet to an iron rod, said point being
designated as a"Control Corner"and being located North 40 deg. 03 min. 01 sec.East 314.14
feet from N,C.G.S "Dollar' having North Carolina Grid Coordinates: N=686632.951 and
E=3050189.126; thence cornering South 82 deg. 45 min. 05 sec. East 1,150.00 feet to art iron
pipe;thence cornering North 07 deg. 14 min. 55 sec.East 110.00 feet to an iron rod situated in
the southern margin of the 60 foot right-of-way of Holiday Boulevard;thence cornering South 82
deg. 45 tnin. 05 sec, East along the southern margin of the 60 foot right-of-way of Holiday
Boulevard 221.08 feet to an iron rod;thence cornering North 12 deg.51 min.00 sec.East along
the eastern margin of the 60 foot right-of-way of Ocean Road Drive 241.25 feet to a point;
thence cornering South 77 deg. 09 min. 00 sec. East 199.42 feet to an iron rod located in the
western line of the property of the U.S.Department of Interior;running thence along the Western
line of the property owned by the U.S. Department of Interior the following courses and
distances: South 10 deg. 25 min. 00 sec. West 331.14 feet to a point; thence South 10 deg. 21
min.31 sec.West 663.65 feet to a point; thence South 10 deg.33 min.34 seconds West 149.72
feet to an iron pipe marking the northeast comer of Lot 3, Trade Winds Beaches as more
particularly described in Map Book 3 at Page 15 in the Public Registry of Dare County; thence
cornering North 79 deg.26 min.26 sec. West 160.00 feet to an iron pipc situated in the eastern
margin of the 60 foot right-of-way of Ocean Drive; thence cornering North 10 deg. 33 min. 34
sec. East,.along the eastern margin of the 60 foot right-of way of Ocean Drive 41.00 feet to an
iron rod;thence proceeding along the eastern margin of the 60 foot right-of-way of Ocean Drive
along an are to the right having a delta angle of 41 deg,47 min.43 see.,a radius of 75.00 feet,a
chord bearing of South 31 deg.27 min.26 see.West and a chord length of 53.51 feet to a set PK
nail; thence continuing along the eastern margin of the 60 foot right-of-way of Ocean Drive
following an arc to the 1cR with a delta angle of 45 deg, 12 rnin. 10 sec,with a radius of 71.55
feet,a chord bearing of North 29 deg.45 rnin 12 see.East and a chord distance of 55.00 feet to
an iron pipe; thence North 07 deg. 23 min. 34 sec. East 137.80 feet to an iron rod; thence
cornering North 82 deg.36 min.26 sec.West 125.00 feet to an iron rod;thence cornering South
07 deg. 23 min. 34 sec. West 137.80 feet to a concrete monument; thence cornering North 82
deg.36 min.26 sec, West 75.00 feet to an iron pipe;thence cornering North 07 deg.23 min.34
sec.East 139.14 feet to an iron rod;thence cornering North 82 deg.36 min.45 sec.West 133.47
feet to an iron rod;thence along an arc to the left having a delta angle of 04 deg.00 min.22 sec.,
a radius of 1431.16 feet, a chord bearing of North 84 deg, 36 min. 56 sec. West and a chord
distance of 100.05 feet to an iron rod; thence along an arc to the left having a delta angle of 04
deg.00 min,38 sec.,a chord bearing of South 85 deg.56 min.02 sec.Gast and a chord distance
of 150.29 feet to a concrete monument;thence cornering North 07 deg.22 min. 15 sec.Fast and
crossing North Carolina State Road 1247 a distance of 60 feet to an iron pipe;thence North 07
deg.22 min. 15 sec.East 105.00 feet to a concrete monument;thence cornering North 82 deg.04
min. 45 see, West 589.81 feet to point; thence cornering South 12 deg. 55 min. 15 sec. West
I05.40 feet to a concrete monument, said concrete monument located in the northern margin of
the 60.00 foot right-of way of North Carolina State Road.1247;thence cornering North 82 deg.
04 min. 45 sec. West along the northern margin of the 60 foot right-of-way of North Carolina
State Road 1247, 372.26 feet to the point and place of beginning, containing 21,84 acres as
shown on that survey captioned "Hatteras Island Resort, L.L.C., Kinnakeet Township, Dare
County, North Carolina Boundary Survey," dated 8/15/02, identified as Project No. 3359,
prepared by Bissell Professional Group to which reference is made for a more particular
description.
RALEIGH 418519v2