154-03 King, James & Margaret

t
Permit Class Permit Number
NEW 154-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
rL mit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to James & Margaret King & Christopher&Dorothy Toolan,PO Box 1722,Kitty Hawk,NC 27949
Authorizing development in Dare County at adj. Buzzard Bay off Roanoke sound, 2100
& 2042 Old Nags Head Rd. , as requested in the permittee's application dated 7/9/03(MP-D&rev.8/20/03
(MP-4),incl.attached workplan drawings(4),Sheets I &2 of 4 dtd 7/27/03,Sheet 3 of 4 dtd rev.7/27/03&Sheet 4 of 4 dtd 6/27/03.
This permit,issued on October 31,2003 , 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.
Shared Docking Facility
1) This permit authorizes only the walkway expansion, walkway addition, pier, platforms boathouses and
finger piers located in or over the water that are expressly and specifically set forth in the permit
application and depicted on the attached workplan drawings. No other structure, whether floating or
stationary, may become a permanent part of this shared docking facility without permit modification.
No non-water dependent uses of structures may be conducted on, in or over public trust waters without
permit modification.
2) The walkway and pier shall be constructed along the common riparian line between the properties
owned by the permittees.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department �/)1
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered 611 Donna 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 hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

James & Margaret King & Permit#154-03
Christopher &Dorothy Toolan Page 2 of 3
ADDITIONAL CONDITIONS
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
shared docking facility. Any sewage discharge at the shared docking facility shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
4) The boathouses shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of each boathouse shall not exceed 400 square feet.
5) The authorized boathouses shall be single story, and shall not be designed to allow for second story use.
6) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
7) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
8) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities.
11) This permit authorizes a maximum of 2 boat slips.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in
association with the docking facility.
General
12) No vegetated wetlands or open waters may be excavated or filled, even temporarily.
13) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.

Or I
James & Margaret King & Permit#154-03
Christopher & Dorothy Toolan Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 031056), which was issued on 10/6/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310894.

i Y
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
October 31. 2003
JAMES AND MARGARET KING
CHRISTOPHER AND DOROTHY TOOLAN
PO BOX 1722
KITTY HAWK NC 27949
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions,environmental safeguards,or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
oft7�7& I/
G
Yat-
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James & Margaret King and Christopher& Dorothy Toolan
2. LOCATION OF PROJECT SITE: 2042 and 2100 Old Nags Head Road,Nags Head,Dare County
Photo Index — 2000: 185-2087 B 12 & B 13 1995: Not Available 1989:1 46-28 V 19, W 18 &W 19 1984:
136 478 K8 & J8
GPS: D031118B
State Plane Coordinates- X: 829400 Y: 2985000
AUG 2 5 2003
3. INVESTIGATION TYPE: CAMA Dredge/Fill VOWUNVADW
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— April 2003 FKM
Was Applicant Present—Yes, Margaret King
5. PROCESSING PROCEDURE: Application Received Complete—August 20, 2003
Office-Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Nags Head
Land Classification From LUP—Conservation
(B) AEC(s)Involved: Coastal Shoreline: EW, PT and CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - (2) dwellings, associated infrastructure, a barn with fencing,
and a 6'x 950' walkway over wetlands.
Planned - expand a 4'x 920' walkway over Coastal Wetlands to a 6'x
920' elevated walkway, a 6'x 240' pier, a 6'x 56' "T" head,
(2) 408.5sf platforms with associated walkway around a
boathouse, and (2) 16'x 25' boathouses (400sf each) with
140sf of interior walkway in each and boatlifts.
(G) Estimated Annual Rate of Erosion:N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADED
(A)Vegetated Wetlands: 2,200sf of CW
(B)Non-Vegetated 3,565sf of EW&PT
Wetlands: SB
(C)Other:
(H)Total Area Disturbed: 5,765 square feet (.132 ac)
(I) Primary Nursery Area: No
(J) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicants, James King, Margaret King Christopher Toolan, and
Dorothy Toolan are proposing to: 1)expand a 4'x 920' elevated walkway over Coastal Wetlands to
a width of 6' and add a 6'x 60' section over the remaining wetlands, 2) construct a 6'x 240' pier,
3) construct a 6'x 56' "T" head, 3) construct two 408.5sf uncovered platforms on either side of the
"T", 4) construct two 16'x 25' boathouses (400sf each) with 140sf of interior walkway and a
boatlift under each, and 5)construct two 4'x 21.5' uncovered finger piers beside each boathouse.

King and Toolan
Field Report
Page 2
PROJECT SETTING
The applicant's James King,Margaret King, Christopher Toolan, and Dorothy Toolan own property along
Old Nags Head Road south and southwest of the Nature Conservancy, adjacent to Buzzard Bay, off
Roanoke Sound, in Nags Head, Dare County. The properties are more specifically described as being
located at 2100 and 2042 Old Nags Head Road. The project site consists of two tracts of land. The
northern tract is owned by the Toolan's and consists of 5.5 acres fronting on an access easement that runs
through the King, property, off Old Nags Head Road. The King tract consists of 11 acres and fronts
directly on Old Nags Head Road. The properties are heavily wooded, extending in a southwesterly
direction through a Juncus marsh to the Buzzard Bay. The average elevation of the property is
approximately four feet above normal water level. Both properties have over 300' of frontage on
Buzzards Bay.
Single-family residences are situated on both lots and are the full time residences of the applicants. A
four foot wide elevated wooden walkway extends along the applicant's common property line and
terminates approximately 60' landward of normal water level. In 1995 Mr. Toolan and a previous
property owner obtained a Certificate of Exemption to construct a walkway to the water but failed to
complete the work. The existing walkway is elevated approximately three feet above the adjacent
substrate and is 920' in length. Located adjacent to the shoreline within the Coastal Wetlands is a post
with a mailbox.
The marsh area from the existing walkway to normal water level has a low density of vegetation due to
cutting and pedestrian traffic. The substrate is a heavy peat layer over a sandy muck lower stratum,which
is typical for the area. The adjacent water bottom waterward of normal water level is a soft sandy fine
muck with no visible aquatic vegetation. Submerged aquatic vegetation is known to occur in the area and
is sparse to non-evident due to past storm activity.
Water depths along the two properties are between three to six inches along the shoreline at normal water
and approximately 4.5' at a distance of 250' waterward of normal water level.
Wetland vegetation on the property includes, but is not limited to, big cordgrass (Spartina
cyanosuroides), common reed Phragmites australis), black needlerush (Juncus roemerianus), Scirpus,
spp., and salt meadow hay(Spartina patens). High ground vegetation is a mix of hardwoods, scrub shrub
domestic grasses adjacent to the residences, and ornamental shrubs and flowers.
Buzzard Bay is classified as joint waters by agreement between the Marine Fisheries Commission and
Wildlife Resource Commission. The Division of Environmental Management's water quality
classification for Roanoke Sound is SC (fish propagation). Review of available information indicates that
- - there--three-known-archeological--sites-with-a--mile of the project-site{Dr49-Dr50�-Dr54) -There-are-no -- -
significant geological formations associated with the applicant's property.
PROJECT DESCRIPTION
The applicant's are proposing a pier with a "T" that will include two platforms and two boathouse
systems with boatlifts in each that will straddle the riparian line. The project will specifically include the
following development activities(see the enclosed development plans):

King and Toolan
Field Report
Page 3
1) The existing 4'x 920' (3,680sf)walkway would be widened to six feet.
2'x 920' = 1,840sf shading over Coastal Wetlands
2) Extend the 6' wide elevated walkway an additional 60' over Coastal Wetlands to normal water
level:
6'x 60' =360sf shading over Coastal Wetland
3) Construct a 6'x 240' pier along the riparian line:
6'x 240' = 1,440sf of shaded Estuarine and Public Trust Water(shallow bottom)
4) Construct a 6'x 56' "T" that will extend 28" north and 28' south measured from the centerline of
the proposed pier:
6'x 56' =336sf of shaded Estuarine and Public Trust Water(shallow bottom)
5) The structure will include two 19'x 21.5' platforms adjacent to a covered boathouse with 140sf of
covered deck interior of the boathouse, and two 4' x 21.5' uncovered exterior walks on the north
and south side of the respective boathouses.
2(19'x 21.51) = 817sf of shaded Estuarine and Public Trust Water from two platforms
(shallow bottom)
2(15'x 25') = 800sf of shaded Estuarine and Public Trust Water(shallow bottom)
(400sf of roofed boathouse adjacent to each pier platform
with approximately 140sf of interior walkway under each
and boatlifts)
2(4'x 21.5') = 172sf of shaded Estuarine and Public Trust Water(shallow bottom)
1,789sf of total shaded Estuarine and Public Trust Water(shallow bottom)
The project will result in a 400sf boathouse in front of each property and approximately 644sf of deck,
"T" and finger pier on each side. There are no other piers visible from the location of the project site.
However,there is a shorter pier along the shoreline approximately%s mile from the property.
ANTICIPATED FAPACTS
• The proposed walkway expansion and addition would result in the shading of 2,200sf of Coastal
Wetlands.
• The proposed pier and"T"will shade 1,776sf Estuarine and Public Trust Water(shallow bottom).
• The proposed boathouse and platform will shade 1,789sf of Estuarine and Public Trust Water
(shallow bottom).
• Temporary localized turbidity will occur during construction of the pier, platforms and boathouses.
• Reduced impacts to the adjacent Coastal Wetlands from pedestrian use along the wetland substrate
may result in the restoration of adjacent wetland vegetation.
• Secondary impacts will include increased oil and gas seepage from boats,and trash in the receiving
waters.
Submitted By: Lynn W. Mathis

"o
AUG 2L n I1 L�iiJJ
LIU
COASTAL MANAGEMENT"
ELIZABE"M Ci i Y
sil- - - rt, — — — - 0
[phone] • Fax[phone] www.LynSmall.com - 1112 Kitty Hawk Rd., Kitty Hawk, NC 27949
Project Narrative
For Shared Sound Access Pier
Located at 2100 Old Nags Head Woods Road, Nags Head, NC
Mr. and Mrs. James L. King Mr. and Mrs. Christopher J. Toolan
2100 Old Nags Head Woods Road PO Box 1722
Nags Head, NC 27959 Kitty Hawk, NC 27949
The existing 4' x 920' walkway centered on the property line begins at the north end
between the two residences listed above and extends over marsh towards the south
east. The existing elevation of the 920' walkway varies above the marsh substrate. We
are proposing to widen the existing structure from 4' to 6' wide by covering the existing
deck boards with new 6' deck boards and installing a 4' x 4' curbing flush with the outer
edge of the new 6' wide deck. All areas that are within 3' of the marsh substrate will be
raised to be above 3' of the marsh substrate. The south east end of the existing
walkway will connect directly to the proposed walkway and pier described below.
The proposed pier, dock and boat lift house structures will be used as a residential,
recreational area with a shared common access between the two property owners listed
above, Mr. and Mrs. James L. King and Mr. and Mrs. Christopher J. Toolan. The
proposed structure is to connect to an existing common access that straddles their
property line and ends approximately 60 LF landward of the shoreline. The proposed
structure will tie to the existing common access and extend over the marsh substrate 60
LF to the NWL and continue for approximately 261.5 LF west. This proposed walkway
and pier will extend from the existing common walkway to the end of the proposed
platform and boat house for a total of 321.5' into Buzzard Bay, Nags Head, NC. At the
end of the proposed walkway/pier structure, the pier will "T" with a walkway 6' x 28' to
the north and a walkway 6' x 28' to the south for a total "T" walkway of 6' x 56', not to
exceed 336 SF. Both the north and south "T" will lead to a recreation area, not to
exceed 894.5 SF on each side, which includes a dock platform 19' x 21' 6", a covered
boat lift house 16' x 25' (not to exceed 400 SF), and a 4' x 21' 6" finger pier. The north
side boat house and recreation area will belong to Mr. and Mrs. Toolan, and the south
side to Mr. and Mrs. King. Each property owner will access his or her individual
recreation area and boat lift house using the common walkway and pier. The
construction method will consist of washing in pilings with girders and joists to support
decking and bolted at all connections.
Access to the above proposed project will only be by the existing walkway and by water.

4110 H138VZII3
.i!N3V130t NVV4ld1Sb®O
Form DCM-M -1 cooz L Z ln`J
APPLICATION 113AI3338
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
c. Street address or secondary road number
LWO OLDI��ttr%ACa:v��A ezM) � l,?4Z OLb
a. Landowner:
1.jwv,L. °, NAAQ6M,et' CG. iJAts LoFO
Name Z. C�'-TtF�J- r ILG:,,i±4 V' d. Is proposed work within city limits or planning
jurisdiction? ` -- Yes No
1. "L 10c Cl-D I"kGy itt�.q yO;OS(LC�
Address Z• fb 0�- i1Z-L e. Name of body of water nearest project (e.g. river,
I. 1(-161—0eNAt,IA ILiS t ' creek, sound, bay) LLZuA-Q) AA,-4
City Z• %1,tTM tom! State
t Zl Q 4iy j. `3�C3 LS'S- 1 t5 ti
Zip 7, 27lr g-li Day Phone 2. 4�b 01 q
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
r
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
'i Z excavation and/or filling activities.
Address 1 �w VkAV�- V,0A-1) Cc1'6T-9V'rfi PIM Ti-0 I?VAr-140,(SE< IIZJn
pl A�rr.1 Crs of K A-Tf-yez-"s A--Jun
City
State I ! n eNk4-r7ti" it,
T-D l� WIDf;•
Zip Z LVI Day Phone Z�Z'2�a1"��� b. Is the proposed activity maintenance of an existing
project, new work, or both? &1'14
Fax Z�7 Z- Z(��(''h /��_
c. Will the project be for public, private or commercial
c. Project name (f any)
sFkfi'�Np use? PCiV A rs
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
N07F Perndi will be issued in na,ne of landovmer(s), andlor project. If more space is needed, please attach
project name. additional pages. Pry
1 FrLt?I" N1%Ltsf.' AiJD
2. LOCATION OF PROPOSED 'rrnt- r:0"tC-0 L�
PROJECT nlur�v�rt3 VI _�Nr:» r-jtJL, .AC TI eQ irJ
a. County
Revised 03/95

RECE
i v
1UL 1 7 2(1'
COASTAL MAN AGE N,ENT
ELIZABETH CITY
JAMES L. & MARGARET B. KING
3703 Cook Boulevard
Chesapeake, VA 23323
May 3, 2002
Division of Coastal Manageme t
North Carolina DEHNR
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
Gentlemen:
Please accept this letter as autho 'zatio for Scott C. Small or Lyndon F. Small of Lyn
Small, Inc. to enter into permit a plicatio and any other documents necessary for the
CAMA permit process for cons ction of a ier extension, boathouse and boat lift at 2100
Old Nags Head Woods Ro Nags Head, North Carolina. Said construction will be
pursuant to a contract be en Lyn Small, I c. and us dated May 3, 2002.
Sincerely,
James L. King
M rgar B. Kin

RECEIVED
Form DCM-MP-1 JUL 1 7 2003
COASTAL MANAGEMENT
ELIZAB T
m. Describe existing wastewat Nr ent facilities.
4. LAND AND WATER
CHARACTERISTICS
n. Describe location and type of discharges to waters
a. Size of entire tract J of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) �+� ` 'D'IZ PCtcS wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
C. Approximate elevation of tract above MHW or
NWL J- fit;
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
e. Vegetation on tract -r-rrD
f. Man-made features now on tract h" 5. ADDITIONAL INFORMATION
n,►�U� Nu `zx 1s�iivc ('cs�rt�N wA,i k�R`1_�A
p,'A-R_K� v"I
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consult the local land use plan.) following items must be submitted:
Conservation Transitional A copy of the deed (with state application only) of
Developed Community other instrument under which the applicant claims tith
Rural Other to the affected properties. If the applicant is no-
claiming to be the owner of said property, thec
h. How is the tract zoned by local government? forward a copy of the deed or other instrument under
which the owner claims title, plus written permissiot
i. Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? X _ Yes No • An accurate, dated work plat (including plan viev
(Attach zoning compliance eertificale, if applicable)
and cross-sectional drawings)drawn to scale in blacl
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer t(
done for the tract? Yes _2-1- No Coastal Resources Commission Rule 7J.0203 for
If yes, by whom? detailed description.)
Please note that original drawings are preferred an4
k. Is the project located in a National Registered Historic District or does it involve a National only high quality copies will be accepted. Blue-tin
prints or other larger plats are acceptable only if a
Register listed or eligible property. adequate number of quality copies are provided b
Yes _ No applicant. (Contact the U.S. Army Corps c
Engineers regarding that agency's use of large
1. Are there wetlands on the site? X Yes No drawings.) A site or location map is a part of ply
Coastal (marsh) Other
If yes, has a delineation been conducted? "� requirements and it must be sufficiently detailed t
(Attach doeniation tf a.+�tabl�) ( �51���T) guide agency personnel unfamiliar with the area to th
1bL M �-►eD R& nl tJ Wl-iA LS

Form DCM-MP-1 RECEIVED
rUUL ? 211
site. Include highway or secondary road (SR) 6� CERTI£ICAT'I� � a T Gi ?�SION
TY
numbers, landmarks, and the like.
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
complete addresses of the I understand that any permit issued in response to this
• A list of the names and comp application will allow only the development described in
th
adjacent waterfront (riparian) landowners and th
application. The project will be subject to conditions
signed return receipts as proof that such owners e and restrictions contained in the permit.
have received a copy of the application and plats
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal
at approved Coastal Management Program and will be
Management. Upon signing this form, the applicant conducted in a manner consistent with such program.
further certifies that such notice has been provided.
Name w' I certify that I am authorized to grant, and do in fact,
Addressin s grant permission to representatives of state and federal
k e ,L �� review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name ]f permit application and follow-up monitoring of the
Address project.
Phone
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone �l
This is the . C day of
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name
permittee, and issuing dates.
Signature
Lmydou"e`r r Authorized Agent
• A check for $Z50 made payable to the Department of Please uidicate attachments pertaining to your proposed
project.
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
X DCM MT-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

Form DCM-MP4 PFCEIVEX)
JUL 1 7 tui
R COAS I L M
T A
ELlZABETM QTMEN7
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys N/14 ni Private
Permit, Form DCM-MP-1. Be sure to complete all (1) ____ Commercial Community _
other sections of the Joint Application which relate to (2) Number N/A
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) — Commercial Community Private in
(2) Number k
(3) Length 24�0 ' (4) Width of water body N�Dr
(4) Width W (S) Distance buoy(s) to be placed beyond
(S) Finger Piers . Yes No shoreline Nl�
(i) Number — -r
(ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) N��
(iii) Width b ' (1) _ Commercial !Community Private
(6) Platform(s) _C_ Yes No (2) Number ��/�
(i) Number (3) Length NJ/
(ii) Length �q (4) Width N
(iii) Width Zl s—(r.`�
(7) Number of slips proposed g. Other (Give complete description)
(8) Proximity of structure to adjacent riparian
property lines _ oyi�' ;; Z�
(9) Width of water body n yPrz I mill-6
r
(10) Water depth at waterward end of pier at
MLW or NWL '
b. Boathouse (including covered lifts)
(1) Commercial Private CS (Z
(2) Length f 6� k u or =Namme.�'(3) Width /
c. Groin (e.g. wood, sheetpile, etc.) signat
(1) Number OAn,�/
(2) Length(s) t0ikDate (,P�vrse� / G• Zvi Zvrlfj�
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Lengthy
(2) Average distance from MHW, NWL or
wetlands —T —
(3) Maximum distance beyond MHW, NWL or
wetlands _ N�A

Printable Location Map http://204.211.92.170/scripts/esri...om=816200&right=2998200&top=8426(.
_,.. _..__._ .............
Ogg
��yyy r, � �• t � � uaySTe g,�..
.u!i L'�� t b.�i 7 :fx�.�C.+"�3 � �K'R��{L � a .A Y •f>�'9`M� 4 >`���tY�Y�C''4 ��a2r.a�s� Y �, �K.
4Y�''a '-e -mob' p f.��,i5. .. �+-^y �f�Jil t,�l�,G� �• K -lie MIlSsrin'h' J• cY
lr N
� sCL• f ,nrnii`3�y �• L 1'{�I�I�I�L ��'".'fi,' ',.,g� �,a"� S '�: .� �::
tpu
t
is f 9"„. � :. h7+,v. y+ � �.� 'G�'�`i;�Y'F r{ w•.
,�., r'd j�'S...r' a�. ,°, r�� +`! ``•°�^.�r,���-�+'+NE x�it�",� rz 't .{.�3. t �r
# 9
�,. �a. _�� � I •/A`'FI�l'ql f(�; `�Y'Y by 1. x�
t ,J •ti ,�. t4�'�
S
_ 0 1l2 _ .1 mite .,Z
Locator Map
N
Site Map For King and Toolan Major
1 of 1 8/21/03 7:41 AN

BAUM BAY .
NAAN
y - r•'Fx d r' \ ��
n a
s_OS
�HKILLSDEVIL
-� NAGS HEAD
SI TE. ,
VICINITY MAP NTS
FRA HOUSE
V � 2
R S v 'PROPERTY of 0)
pROp RE CO CHRIS TOOLAN �� � o F
ZN
EXISTING WOOD FRAME HOUSE
s
Z
WALKWAY ACROSS •� i.7
MARSH
MARSH'on P.L.
GRASS co
R O A N O K E _ 2o-4P WOODED q W
END OF EX. cEN uPLAN05 % a
WALKWAY
SOUND (0 z
MARSH
SCRUB
PROPOSED DOUBLE
�i. HEADED PIED
PROPERTY of
-JAMES KING
6 �
' PROPERTY of AUG 2 a 2003
NATURE CONSERVANCY DES CA By
5 LFS
DR DT
COASTAL MANAGEMENT „PPRV DRAWN,Y
ELIZABETH CITY �r
, i
a4
j � o, .

PROPOSED
PROPERTY FINGER PIER �z
2 >_g
OF KING 4' X 21'6"
�Z FZp
oM1�
0 1'-6' Y u ail
PROPOSED
PROPOSED
�=p
BOAT
DOCK 9
PLATFORM HOUSE p -
0o 19 X 21' 6" I I
L _.
-\w- END OF
EXISTING I
WALKWAY PROPERTY Z.z O O PROPOSED 0
LINE
„T„
(TTP> WALKWAY —
\u„ 6' X 28' —
g
PROPOSED w o F
PROM D Z
„T„ r) In
vnLXv r /VlWALKWAY
6' X 28' z U;
PROPOSED c g Z
PIER A W
j PROPOSED ----------
DOCK
ulz
PLATFORM
19' X 21' 6
30, PROPOSED
Al. W.- u�- BUFFER
BOAT
MARSH GRASS \ RECEIVED HOUSE
-2.5' VRTER DEPTH IN FEET
PROPOSED
,J/, '•W' ui:.. -•ae.. AV.'. :u,. `W. DATE
AUG n 2(�fl3 FINGER PIER Tsz/
� '
/
—PROPERTY DESIGN By
-
lit,,l � 4' X 21' 6" DRscs
Y„
OF COAS14, MANAGEMENT APPRV 0T
"— EL12_r,.BETH CITY
°f 4
..;., W, W \IG,:

END OF
EXISTING
4' X 9 20'
ALKWAY
PROPOSING TO
EXTEND TO
6
E' X 920' PROPOSED PROPOSED
PIER BOAT HOUS
PROPOSED
ROOF
6' X 60'
WALKWAY
it 7 6 (TYP)
9'-81,
WNW
Ilk
Nw� -
u : i _ 4'
}� '➢ill L1 _ Tip ;,_
t rF
SEE DETAILS
SHEET 4
NOTES: �.
ECIV 0-5' DEPTHS2A2.5'0(AP ROX. 4' TTO' INTERVALS GSONIDG AT BOTT
50-100' - 2.5-3'
100-150' - 2.5-3' _�G) N
�UL 17 20u.- 150-200' - 3.5-4' (APPROX. 5' TO SOLID BOT o
200-250' - 4-4.5' ►n -
COASTAL MANAGEMENT
ELIZABETH CITY
=tAm : SHARED SOUND ACCESS PIER ,N� �NAGS HEAD WOODS, NAGS HEAD, NORTH CAROLINA 1 r MAR INE CONSTRUCTION SERVICE JAMES HING & CHRIS TOOLAN (="6D"ESlGN- Pl HAW,Mc VM (f19)2e1-�
NG, do CONSTRUCTION

2x6 DECKING
6 2x6 JOISTS
2x8 GIRDER
MARSH PROPOSED
3' SUBSTRATE 6'
WALKWAY
BUILT OVER
2x6 DECKING
\�\�\\�i\\�\ \\�! EXISTING
\i\\i'\\%\i\\i\\ 4'
2x6 JOISTS
WALKWAY
2x8 GIRDER
MARSH
3' SUBSTRATE
6x6 PILE
NEW WALKWAY&PIER SECTION
0
4x6 PIS
rr,z A—,
EXISTING WALKWAY W/PROPOSED 6'MOD. ry
RECEIVED :,-g
Z
JUL 17 2003
COASTAL MANAGEMENT
A\ A rdi O1SHARED SOUND ACCESS PIER
NC MOM Na 29760
NC.
< z N=,-\g NAGS HEAD WOODS, NAGS HEAD, NORTH CAROUNA MARINE CONSTRUCTION SERVICES
I wJ JAMES KING & CHRIS TOOLAN 1112R HMPA '°""KWNC _" c�r—
DESIGN, PLANNING, do CONSTRUCTION

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: James and Margaret King & Christopher&Dorothy Toolan County: Dare
LOCATION OF PROJECT: 2042 and 2100 Old Nags Head Road,Nags Head
DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 20, 2003
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Lynn Mathis DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 2 So
PUBLIC NOTICE REC'D: ,i END OF NOTICE DATE: q/LT-/03
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D:
APPLICATION ASSIGNED TO: S ON: �—a 3
C) 75 DAY DEADLINE: tt 31o3 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE: I
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON t O Zz
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management- Regional Representative S 12.5 1v3 ✓
Coastal Management- LUP Consistency I Q)1 L-q I u3 ✓ Com VYa yi-t
Division of Community Assistance S/2-q/o3 ✓
Land Quality Section 9 14 I'a N C-
Division of Water Quality 0 t11A
Storm Water Management(DWQ) /, ✓ rf
State Property Office CO-I l of
Division of Archives & History 1 19-/43
Division of Environmental Health t n d3
Division of Highways 1 3a/U r/
Wildlife Resources Commission 5 l g s la Cps
Division. of Water Resources 9 /1 z f dS ./
Division of Marine Fisheries S/o
Submerged Lands (DMF)

Permit# /S y U -?
DCM Coordinator: -/S'
MAILING DISTRIBUTION:
✓Ci me r L � /J'Cn Y�arc.� /Cfr� �
Permitee: r'/t -� ✓ < �/'1c.7/� T v���.
Agent:
DCM Field Offices:
Elizabeth City
Morehead City
washingtoir-
Wi4mington
US Army Corps of Engineers(USACE):
Washington: Mike Bett(Me-DOT)
T)
Raleigh Bland
Wilmington: e Ti �CDOT)
_—Jkfl6 Wic e
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patti Fowler
State Property Office: Joseph Henderson
Water Quality: John Dorney
John T)
Water Resources: John Sutherland
Wildlife Resources: David McHenry
BennetH*Yftfe-
T )
FAXING DISTRIBUTION:
Agent at 7
DCM Field Offices:
Elizabeth City btll-u-
Morehead City
@gte�
wffmi tgton
US Army Corps of Engineers(USACE):
Washington: )
DOT)
Raleigh Bland
Wilmington: e T' py(NCDOT)
H er
Updated as MW03

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
October 14, 2003
Regulatory Division
Action ID No. 200310894
OCT 2 2, 2003
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 application of James and Margaret King for a Department of the Army(DA)
permit to construct a pier and elevated walkway,on property located off Old Nags Head Road,
adjacent to the Roanoke Sound, in Nags Head, 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
permit plans, which are a part of this permit.
2. The permittee understands and agrees that,if future operations by the United States
require the removal,relocation, or other alteration, of the structure or work herein authorized,
or if,in the opinion of the Secretary of the Army or his authorized representative, said structure
or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove,relocate,
or alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
3. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity
must not interfere with the public's right to free navigation on all navigable waters of the United
States.

t
-2-
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Division, telephone [phone],extension 23.
Sincerely,
P4
Raleigh Bland, P. 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
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NUTS,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

F Nj A Michael F.Easley,Governor
O 9 William 0 Ross Jr.,Secretary
North Carolina Department of Environment ana'Natural Resources
Alan W.Klimek,P.E.,'Jirector
Division of Water Quality
.� Coleen H.Sullins,Deputy Director
Division of Water Quality
October 6, 2003
DWQ#03-1056
Dare County
James L. and Margaret B. King
2100 Old Nags Head Woods Road
Kill Devil Hills, NC, 27948
And \
Christopher J. and Dorothy K. Toolan
P.O. Box 1722
Kitty Hawk, NC, 27949
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Messrs. King and Toolan:
You have our approval, in accordance with the attached conditions, to shade 0.132 acre of wetlands in order to
expand and elevated walkway and construct a pier with boathouses at 2042 and 2100 Old Nags Head Road in Nags Head,
Dare County, as described in your application received by the Division of Water Quality on August 25, 2003. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3400, which can
be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands This Certification allows you to use your CAMA
Permit when issued by the NC Division of Coastal Management. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge,
Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying CAMA
Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in
the 401 Certification has been completed;
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Tom Steffens in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
Sincerely, 1 pp.�:,xe
r�
Alan W. Klimek, P.E.
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
[phone](phone),919-733-6893(fax),(httu://h2o.enr.state.nc.us/ncwetlands)
Customer Service#: 1-877-623-6748

r
Messrs. King and Toolan:
Page 2 of 2
October 6, 2003
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Lyn Small Inc., 1112 Kitty Hawk Road, Kitty Hawk, NC, 27949
031056

f `�►�sW�'ili�i�
SEP 15 2003
JIV.OFCOAVAI.MANAGEMEIV'i
RALMH
f
r-= I North Carolina Wildlife Resources Commission 0
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Res es
FROM: David McHenry,Northeast Coastal Region Coordinat .
Habitat Conservation Section
DATE: September 9, 2003
SUBJECT: CAMA/Dredge and Fill Permit application for James and Margaret King and Christopher and
Dorothy Toolan, 2042 and 2100 Old Nags Head Road,Nags Head, 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 September 4, 2003. Comments from the Commission are provided in accordance with provisions
of the Coastal Area Management Act(G.S. 113A-100 through I I3A-128), as amended, and the Fish and
Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The Kings and Toolans are proposing completion of their shared pier that accesses Buzzard Bay in
Nags Head. The existing 4-foot wide pier spans 920' of coastal marsh where it terminates 60' short of the
normal high water level. The pier would be completed by adding another 300' and widening the old pier
section to 6' to be consistent with the new construction. Approximately 2,200 square feet of coastal marsh
and 3,565 square feet of shallow waters would be shaded by the additional pier work and the new dock and
boathouse structures that are proposed. Waters of Buzzard Bay are classified SC and Joint jurisdiction.
The Commission is concerned about shading of coastal marsh and shallow water habitats for fish and
wildlife. Despite the three foot of elevation, which is considered an accepted method of reducing shading
effects, the coastal marsh has been virtually eliminated under the existing pier. Widening of the pier will
induce further shading impacts, as well as possible similar impacts on submerged aquatic vegetation(SAV)
that may occur off the applicants' properties. Occurrence of SAV could not be confirmed during the site visit
because of high and choppy water conditions.
Despite these concerns, we are pleased that the applicants have a shared access, which has greatly
reduced the cumulative impacts that would be attributed to separate piers for each property; as is the typical
situation along most of the North Carolina coast. As a shared facility, a 6'wide pier may be appropriate to
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]

September 9,2003
CMDF—King and Toolan Page 2 Se P
accommodate higher levels of use. Nevertheless, the Commission recommends the following project
modifications to reduce impacts on fish and wildlife habitats:
l. Deck boards on new pier and dock construction should be spaced approximately 1 inch to
allow some light penetration to marsh and shallow water substrate.
2. Visible reflective markers should be placed on the outer extent of the T-head and boat house
docks to minimize the potential navigation hazard posed by the overall structure.
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.
I3l a n rrr ♦ _ r Fn�_____

F W A T`c Michael F.Easley,Governor
�C1 9O William G.Ross Jr.,Secretary
\Q G North Carolina Department of Environment and Natural Resources
rAlan W.Klimek,P.E.Director
Division of Water Quality
Q Coleen H.Sullins,Deputy Director
Division of Water Quality
RECEIVED
DIVISION OF WATER QUALITY
September 4, 2003 SFP g 2003
Lyn Small Inc. JIUROAVALMAN EMEM
1112 Kitty Hawk Road RAIMOH
Kitty Hawk, NC 27949
Subject: CAMA/Stormwater Review SW7030806
Shared Pier & Boat House Project
James King & Christopher Toolan
Dare County
Dear Mr. Sir:
The Washington Regional Office received a copy of your CAMA
application for a proposed shared pier and boathouse project
located at 2100 and 2042 Old Nags Head Road in Kill Devil Hills,
NC on August 26, 2003 . Staff review of the plans and
specifications has determined that the project, as proposed,
consists of activities that will not pose surface water quality
threats from stormwater runoff since no significant new impervious
area is proposed. The Director has determined that projects that
are reviewed and approved by the Division as not posing water
quality threats from stormwater runoff should not be subject to
the stormwater management permitting requirements of 15A NCAC
2H. 1000. For this reason, we are informing you by way of this
letter that your project will not require a stormwater management
permit.
Please keep in mind that this determination does not affect your
legal requirements to obtain other permits which may be required
by the Division of Water Quality, the Division of Land Resources,
Coastal Area Management Act or any other Federal, State or Local
Government. In addition, any future modifications to the project
will require additional review from this office to assure that
stormwater impacts are not an issue.
If you have any questions or need additional information
concerning this matter, please contact Mr. Roger Thorpe at (252)
946-6481, extension 214 .
Sincerely,
Yim Wu11igan
Water Quality Regional Supervisor
Washington Regional Office
cc: p oug Huggett, DCM - Raleigh
Washington Regional Office
Central Files
NCDMR
N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone[phone] FAX[phone]

AUG 28 AOsJ 2,
WCDENR �.�
North Carolina Department of Environment and Natural Resources
owa
Division of Coastal Management �.
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
August 26,2003 J 2362
MEMORANDUM
TO: Ms. Renee Gledhill-Early,Director
Division of Cultural Resources REt�IVED
Archives& History Building
FROM: Doug Huggett SEP 8 2003
Major Permits Processing Coordinator LAUFCOAVAL MAMIGS
SUBJECT: CAMA PERMIT APPLICATION REVIEW RAWH
APPLICANT: JAMES & MARGARET KING AND CHRISTOPHER AND
DOROTHY TOOLAN
PROJECT LOCATION: 2042 AND 2100 OLD NAGS HEAD ROAD, NAGS HEAD, DARE
COUNTY.
PROPOSED PROJECT: EXPAND A 4'X920' ELEVATED WALKWAY OVER COASTAL
WETLANDS TO A WIDTH OF 6' AND ADD A 6'X60' SECTION
OVER THE REMAINING WETLANDS, CONSTRUCT A 6'X240'
PIER, CONSTRUCT A 6'X56' "T" HEAD, ETC.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 16, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. 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 91,
1638 Mail Service Cen r aleigh, North Carolina 2 699-1638
Phone: [phone]\FAX: [phone]\Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
AUG 2 9 2003

IMA
WCDENR
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
August 26,2003 �
��•� U� ARC,
U I
MEMORANDUM 2, L � it •
SO D I
!IJk� cNi
TO: Mr. John Sutherland, Chief QP�
Water Planning Section ,y� 9MM0FWW
Division of Water Resources ��•
FROM: Doug Huggett ,
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES & MARGARET KING AND CHRISTOPHER AND
DOROTHY TOOLAN
PROJECT LOCATION: 2042 AND 2100 OLD NAGS HEAD ROAD, NAGS HEAD, DARE
COUNTY.
PROPOSED PROJECT: EXPAND A 4'X920' ELEVATED WALKWAY OVER COASTAL
WETLANDS TO A WIDTH OF 6' AND ADD A 6'X60' SECTION
OVER THE REMAINING WETLANDS, CONSTRUCT A 6'X240'
PIER,CONSTRUCT A 6'X56' "T"HEAD,ETC.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 16, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
/ This agency has no objection to the project as proposed.
X 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 014-7
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

ALT, - �
NCDENR 2003
North Carolina Department of Environment and Natural Resources �.��1 AGENE`M
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 26,2003
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director r,
State Property Office
Department of Administration
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES & MARGARET KING AND CHRISTOPHER AND
DOROTHY TOOLAN
PROJECT LOCATION: 2042 AND 2100 OLD NAGS HEAD ROAD, NAGS HEAD, DARE
COUNTY.
PROPOSED PROJECT: EXPAND A 4'X920' ELEVATED WALKWAY OVER COASTAL
WETLANDS TO A WIDTH OF 6' AND ADD A 6'X60' SECTION
OVER THE REMAINING WETLANDS, CONSTRUCT A 6'X240'
PIER, CONSTRUCT A 6'X56' "T" HEAD, ETC.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 16, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
i_ 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 tot e project for reasons described in the attached comments.
SIGNED DATE S
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

A� RECEIVED
NCDENR 2003
North Carolina Department of Environment and Natural Resources A OFCOAVALmp
Division of Coastal Management RALLReN
Michael F. Easley,Governor Donna D. Moffitt, Director William .Ross Jr.,Secretary
August 26,2003 Ll
gMEMORANDUMTO: Mr. Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES & MARGARET KING AND CHRISTOPHER AND
DOROTHY TOOLAN
PROJECT LOCATION: 2042 AND 2100 OLD NAGS HEAD ROAD, NAGS HEAD, DARE
COUNTY.
PROPOSED PROJECT: EXPAND A 4'X920' ELEVATED WALKWAY OVER COASTAL
WETLANDS TO A WIDTH OF 6' AND ADD A 6'X60' SECTION
OVER THE REMAINING WETLANDS, CONSTRUCT A 6'X240'
PIER, CONSTRUCT A 6'X56' "T" HEAD, ETC.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 16, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
y 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.
a
JJ SIGNED DATE
_ y 1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

RECEIVED
Q % ? ri
��- OCT 0 1� �
NCDENR V.0fCOASTALMANAGEMEN
North Carolina Department of Environment and Natural f ourcesRALE4OM
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
August 26,2003
MEMORANDUM
TO: Mike Kelly, Acting Director SEE _ 9
Division of Environmental Health
2003
FROM: Doug Huggett LE
�1NfITATtON
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES & MARGARET KING AND CHRISTOPHER AND
DOROTHY TOOLAN
PROJECT LOCATION: 2042 AND 2100 OLD NAGS HEAD ROAD, NAGS HEAD, DARE
COUNTY.
PROPOSED PROJECT: EXPAND A 4'X920' ELEVATED WALKWAY OVER COASTAL
WETLANDS TO A WIDTH OF 6' AND ADD A 6'X60' SECTION
OVER THE REMAINING WETLANDS, CONSTRUCT A 6'X240'
PIER, CONSTRUCT A 6'X56' "T" HEAD, ETC.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 16, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. 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.
G�
SIGNE ��►'wl� � DATE 1
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

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
August 26,2003
e r T�
MEMORANDUM �wiinir 0 jimaf
TO: David McHenry SEP 15 Z003
Wildlife Resources Commission JIUROAVALMANAGEAIEM,ATTN: Habitat Conservation Program RALL40H
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES & MARGARET KING AND CHRISTOPHER AND
DOROTHY TOOLAN
PROJECT LOCATION: 2042 AND 2100 OLD NAGS HEAD ROAD, NAGS HEAD, DARE
COUNTY.
PROPOSED PROJECT: EXPAND A 4'X920' ELEVATED WALKWAY OVER COASTAL
WETLANDS TO A WIDTH OF 6' AND ADD A 6'X60' SECTION
OVER THE REMAINING WETLANDS, CONSTRUCT A 6'X240'
PIER, CONSTRUCT A 6'X56' "T" HEAD, ETC.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 16, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed. CJ
O
This agency has no comment on the proposed project.
y This agency a es of the project, only if the recommended changes are incorporated.
This ency objec to the project f reasons described in the attached comments.
SIG D DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 22, 2003
MEMORANDUM: `[
TO: Mr. Preston P. Pate, Jr. Director � AUG 2 6 2003
Division of Marine Fisheries
FROM: Doug Huggett r,! -HABITAT
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Margaret King and Christopher & Dorothy Toolan
Project Location: 2042 and 2100 Old Nags Head Road, Nags Head, Dare County
Proposed Project: To expand a 4' x 920' elevated walkway over Coastal Wetlands to a width
of 6' and add a 6' x 60' section over the remaining wetlands, construct a 6'
x 240' pier, a 6' x 56' "T" head, two 408.5 sq ft uncovered platforms on
either side of the "T", two 16' x 25' boathouses (400 sq ft each) with 140
sq ft interior walkway and a boatlift under each, and construct two 4' x
21.5' uncovered finger piers beside each boathouse.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12, 2003. If you have any questions regarding the proposed project, please
contact Lynn Mathis 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
1367 U.S. it-South, i clp 3
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

A7LA ED
AUG 2 9 cuu.i
RCDENR A
North Carolina Department of Environment and Natural Rem*90 Al�W
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
August 22, 2003
MEMORANDUM:
TO: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Margaret King and Christopher & Dorothy Toolan
Project Location: 2042 and 2100 Old Nags Head Road, Nags Head, Dare County
Proposed Project: To expand a 4' x 920' elevated walkway over Coastal Wetlands to a width
of 6' and add a 6' x 60' section over the remaining wetlands, construct a 6'
x 240' pier, a 6' x 56' "T" head, two 408.5 sq ft uncovered platforms on
either side of the "T", two 16' x 25' boathouses (400 sq ft each) with 140
sq ft interior walkway and a boatlift under each, and construct two 4' x
21.5' uncovered finger piers beside each boathouse.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12, 2003. If you have any questions regarding the proposed project, please
contact Lynn Mathis at [phone]. When appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to the project as proposed.
L'--'-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. �J
SIGNED DATE O
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

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
August 22, 2003
MEMORANDUM:
TO: John A.Thayer, Jr., District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Margaret King and Christopher & Dorothy Toolan
Project Location: 2042 and 2100 Old Nags Head Road, Nags Head, Dare County
Proposed Project: To expand a 4' x 920' elevated walkway over Coastal Wetlands to a width
of 6' and add a 6' x 60' section over the remaining wetlands, construct a 6'
x 240' pier, a 6' x 56' "T" head, two 408.5 sq ft uncovered platforms on
either side of the "T", two 16' x 25' boathouses (400 sq ft each) with 140
sq ft interior walkway and a boadift under each, and construct two 4' x
21.5' uncovered finger piers beside each boathouse.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 12, 2003. If you have any questions regarding the proposed project, please
contact Lynn Mathis at [phone]. When appropriate, in-depth comments with supporting
data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached. 021— /�f y�„s ,tlec�.,,,,,�.,�•.,rGw-� �.•
This office objects to the project for reasons described in the attached
J P J
co ents.
SIG D _ DATE
ou Iza e City, North ro�a a
Phone: [phone] \FAX: [phone]\Internet: www.nccoguzj
lmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

OCT-27-2003 MON 01 :52 PM DON-DMF E. CITY FAX NO. 252 264 3723 P. 02
DENR
fi r�rtil ��:arolir��i I) pat•tfnM'nt (,)f Environment and Natural Resources
1)iviskri of Coastal Management
{ nt;tln3 L�, Moffitt, Director William G.Ross Jr., Secretary
.lohn A.`I ILlyt,if, Jr., Distl•ict K11111er
Divi-sion of Coastal l iall:agement
Dow' 1 Ida of'tt
q;t�c)r C'c"n►)its 1'a�)c�3ssing Coordinator
;� 1;i4t1'• ,'`t': C'�Ah'ln/1')l':'l l�C;i.: tt FILL I'crr,llit Application Review
1�jTig anti ("Ittristopher & Dorotlty Tool-Ali
7,0V .alto{ 2,100 0]d Nags Iiead Road, Nabs Head, Dare County
TO IA I' x 920' cicvatecl wttlkway over Coastal Wetlands to a width
(if 6' niut idd 4 6' x 60' Section over the remaining wetlands, construct a 6'
x ;,r,O� pier, a 6' x 56' ""'1"' head, two 405.5 sq ft uncovered plairorms on
cither skhl ot'tlac -r, two 16' x 25' boathouses (400 sq ft each) with 140
scl it ilitrriui wallcway rand it t?oatlift wider each, and construct two 4' x
21 .5' irit(,c)vcj-ccl ftl+v,er piers beside each boathouse.
i)ac.1,"ou' iac•low yoUr ti�!CAW.y'S positioal or viewpoint on laic proposal project and return this
fo►to fry 11,yclt lhc3ve lily questions regarding the proposed project, please
c.OM 1,4.1 t,ytut N'(;:rtl►is, ,at ('252) 26d-390 t. Wheal z)pfrropriate, in•depth comments with supporting
11•11s of"1'4;0 r. s t!o ol)jcetic�u to the project gs proposed,
t"l)is ol'tice, liars no cointlicnt on the PrO POsod project.
'1`llj,.N rtfficc; M)Pr(1MS of 1110 project only if the recommended changes are
jtlt f)r(7r ti'Mcd. ,Soe nitached �4�/,ri ,lLt tlrw+.�•y�����Ilfff
This o(iiec, cwttjc:•cts to lade project for reasons described in the attached
cot )i;f;a)t�•
- DATE �� o� 3
.:, � 7 .)r:tli City, Nc�Itli Coro( a - .�.--
�, 'I:if�t y.1,,7, i 1 �,ql'lYll, Mr y
r et: www,nccoa talmanagEment,net
Phone!,.� ,,:f r ti•�! U11 FAX: 252-2G4-3723\Intern
r.a�_rg,,: ( ��r)itrlr:i!y 1 ri�lr!1' ;I Vr:Aclicm Enfptoyc r-50%Recycled 110%Post Consumer Paper

Date: August 20,2003
MEMORANDUM
TO: Doug Huggett
FROM: Lynn W. Mathis
SUBJECT: Comments and Recommendations for David and Rosalyn Brinkman
Permit Application
DATE: August 20, 2003
The applicants, James King, Margaret King Christopher Toolan, and Dorothy Toolan are proposing the
following development:
1) to expand a 4'x 920' elevated walkway over Coastal Wetlands to a width of 6',
2) add a 6'x 60' section of walkway over the remaining wetlands,
3) construct a 6'x 240' pier,
4) construct a 6'x 56' "T"head,
5) construct two 408.5sf uncovered platforms on either side of the "T",
6) construct two 16'x 25' boathouses (400sf each) with 140sf of interior walkway and a boatlift
under each; and,
7) construct two 4'x 21.5' uncovered finger piers beside each boathouse.
The centerline of the pier, as proposed, would be constructed along the riparian line between the two
properties as shown on the drawing submitted for review.
Based on my review of the application, the site plan and 15A NCAC 07H .208(b)(6), I believe that
the structure being requested can be permitted. I would like to recommend approval with the
following conditions:
'I. The walkway and pier shall be constructed along the riparian line between the two properties
belonging to the applicants.
2. The walkway shall be elevated a minimum of three feet above the adjacent wetland substrate(grade).
.3. This permit authorizes construction of the approved pier, platform and boathouse system as shown on
the approved plans dated 7/27/03.
.A. No non-water deperiderit uses-of-structures may "be conducted on; in -or over public-trust waters- - -
without permit modification.
5. No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
6. The authorized structure and associated activity must not cause an unacceptable interference with
navigation. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities.
7. This permit does not authorize the interference with any existing or proposed Federal project, and,the
permittee will not be entitled to compensation for damage to the authorized structure or work, or
injury that may be caused from existing or future operations undertaken by the United States in the
public interest.

8. NOTE: The permittee will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the project without having the permit transferred to a third-party.
9. NOTE: Future development on the permittee's property may require a modification of this permit.
Contact a representative of this Division at [phone] prior to commencement of any such
activity for this determination.
Cc: Raleigh Bland, COE

DCM% DWQ%
Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341
nvale,non-commercial �r 0i5(SO)
development that does not I volve 5250 100i6(S250)
the filling or excavation of any `'
etlands or open water,areas;
it. public or commercial development 100%(5400) 0%(SO)
that does not involve the filling or S400
excavation of any wetlands or open
water areas:
Ill. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A.B.C.or D
below applies:
MIA). For private,non-commercial 0% (SO)
development,If General water Quality S250 100%(5250)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial 0 (SO)
development,if General water Quality $400 100%(5400)
Certification No.3301(see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301 (see attached)
could be applied,but DCM staff S400 60%°(S240)
determined that additional review and
written DWQ concurrence is needed
because of concems related to water
quality or aquatic life:
III(D). If General Water Quality 5400 6C%(S240) 40%(S160)
Certification No.3301 (see attached)
can not be applied:
IV. For development that involves 40%(S190)
the n1ing and/or excavation of more S475 609e(52E5)
than one acre of wetlands and/or
open water areas:

RECEIVE
'JUL 17 2003
COASTAL MANAGEMENT
ELIZABETH CITY
CHRISTOPHER J. & DOROTHY K. TOOLAN
P.O. Box 1722
Kitty Hawk, NC 27949
May 3, 2002
Division of Coastal Management
North Carolina DEHNR
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
Gentlemen:
Please accept this letter as authorization for Scott C. Small or Lyndon F. Small of Lyn
Small, Inc. to enter into permit applications and any other documents necessary for the
CAMA permit process for construction of a pier extension at 2100 Old Nags Head Woods
Road, Nags Head, North Carolina. Said construction will be pursuant to a contract between
Lyn Small, Inc. and James L. and Margaret B. King dated May 3, 2002.
�i cerel
1
p
sto . Too
tDorot
y K. Toolan

AF bra
RCDENR
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
August 22, 2003
Coastland Times
Legal Advertisement Section
P.O. Box 488
Manteo, NC 27954
Re: Public Notice - James & Margaret King and Christopher & Dorothy Toolan
Dear Sir:
Please publish the attached Notice in the Tuesday, August 26, 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,
Ted Sampson
District Manager
TS/kh
Enclosure
cc: Doug Huggett
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on August 20, 2003.
According to said application, James &Margaret King and Christopher&Dorothy Toolan
propose to 1) expand a 4' x 920' elevated walkway over Coastal Wetlands to a width of 6' and add
a 6' x 60' section over the remaining wetlands, 2) construct a 6' x 240' pier, 3) construct a 6' x
56' "T" head, 4) construct two 408.5 sq ft uncovered platforms on either side of the "T", 5)
construct two 16' x 25' boathouses (400 sq ft each) with 140 sq ft of interior walkway and a
boatlift under each, and 5) construct two 4' x 21.5' uncovered finger piers beside each boathouse.
The property is located at 2042 and 2100 Old Nags Head Road, Nags Head, Dare County.
A copy of the entire application may be examined or copied at the office of Lynn W.
Mathis, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC,
27909, [phone] during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638
Mail Service Center, Raleigh, NC, 27699-1638, prior to September 15, 2003, will be considered
in making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PUBLISHED ON: Tuesday, August 26, 2003

A70�"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
August 22, 2003
Mr. Lyn Small
1112 Kitty Hawk Road
Kitty Hawk, NC 27949
Dear Mr. Small:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of property located at 2042 and 2100 Old Nags Head Road, Nags Head, Dare
County. It was received on August 20, 2003, and appears to be adequate for processing at this time. The
projected deadline for making a decision is November 3, 2003. An additional 75-day review period is
provided by law when such time is necessary to complete the review. If you have not been notified of a final
action by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter will
be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card to
a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result
in an incomplete application.
An onsite inspection will be made, and if additional information is required,you will be contacted by
the appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Lynn W. Mathis
Coastal Management Representative
LWM/kh
Enclosure
cc: Doug Huggett- Permit Coordinator, DCM
Ted Sampson - District Manager, DCM
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

r INo 1 (000 ,,A
AMA PERMIT
APPLIED FOR
PROJECT: 1 xcarc� Q
} � V'x qaD e\evaec\ t \��a�� ou c Coa , \ \aS
�o o' lzj� ul arA a6a a ln' x l00` CV'.or� ou c Ahe_
x ate` Q,ec, 3 x) cors�cu�� a U. 5ln' ""T'.
�A. Wy no e c e c\ 0�ec Stc�_ c§:�
�wa Vil k �5' "tea uses C'koo -:Zck e_uc4. w,dA . \ DR
and o.. )c.)�\�,-\ va�de c e ac�, ax j:d us Col3,c Lj.c_� -\k.. o LA, Y. 'a1.5' v r c.ov"'t ed
r.oJec p',ec �e 6e, e:ac� boo,�\ho�e
COMMENTS ACCEPTED THROUGH \5 � poo 3
APPLICANT: FOR MORE DETAILS CONTACT
%c , THE LOCAL PERMIT OFFICER BELOW:
t�\ Cocaa,oa 'Nb noc�►evY,�r,`\
\3ls"t US \`� sou ,

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
October 31, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
PAULSHAVER
1 CYPRESS KNEE TRAIL
KITTY HAWK, NC 27949
Dear Mr. Shaver:
Thank you for your correspondence concerning the Coastal Area Management Act (CAMA)
Major Development Permit application submitted by James and Margaret King and Christopher and
Dorothy Toolan seeking authorization to construct a shared docking facility at 2100 and 2042 Old
Nags Head Road, Nags Head in Dare County, North Carolina. The Division appreciates your concerns
about the proposed project, and we have looked very closely at the issues raised in your letter.
The Coastal Area Management Act permit review process involves a coordinated state and
federal review of each permit application, with all review agency comments considered by the
Division before final action is taken on a permit application. In this case, no significant resource
concerns or objections were expressed by these review agencies. Based on this, the Division has
determined that the proposed project is consistent with the Rules of the Coastal Resources
Commission, as well as those of other State regulatory agencies. Consequently, the Division has
issued a permit for the proposed activity on October 31, 2003, and a copy is being provided to you for
your information.
If you wish to object to the issuance of the permit, you may request an appeal of this decision
within twenty (20) days of the permit decision. §113A-121.1(b). If you would like copies of the
appropriate appeal forms or should you like to discuss the specifics of the process, please contact me
by telephone at [phone], extension 240, or by email at [e-mail].
Sincerely,
i
Jeff Schaffer
Assistant Major Permits/Consistency Coordinator
cc: Lyn Mathis—DCM, Elizabeth City
DCM, Morehead City
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\ FAX: [phone] \Internet: http://www.nccoastalmanagement,net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. � I I 151 0
■ Print your name and address on the reverse
so that we can return the card to you. C. signature
■ Attach this card to the back of the mailpiece, X ❑Agent
❑Addressee
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
1 CyQcess k �
3. Sery Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
�lcxx� ��Ro �o�a �a�� LoluS
PS Form 3811,July 1999 Domestic Return Receipt 102595.00•M-0952

SENDER.
■ Complete items 1,2,and S.Also complete A. Sgn ure ,
m fterM 4 If Restricted Delivery is desired. _,],, (3 Agent
LLJ ■ Print your name and address on the reverse ) a Addressee
(D so that we can return the card to you. B. Received try{PAnted Name) C. le oI Ivory
< ■ Attach this card to the back of the mailpiieoe
or on the front if space permits. 05
■ _ ; 1. Arftcie Addressed to: D.Is deNKry address diaerent from gem 7?
_ In s 4 It YES.enter delivery address Wow. ❑hb
3. Servios Type
o a��
sn 7 �iCeN il ❑F�grre fled Mass Mal
o _ E T w R " j�� O Registered VrRerum Aecalpt(or Merolrertdise
a m a n ❑Insured Mail ❑CAA.
30nwzw
t_ _ o a h.ar 4. taasMded Oe6very'i(Ekfra/bef ❑yps
Z 2. Article Number 7002 3150 0005 .5666. 3720
~ m czsw.o
J _ � 3 �@ �� � (T/aRslfa�fnxrr servile label) � ,�.
PS Form 3811,August 2001 Domestic Return Receipt 1a2596-W-e_t�a
m m
_...
} v ClO.
J . RJ
2
L'J O m k D
m r a E]
m W m + • e ,
m -
" c m. ;t < m• `J m ■ Complete hems 1.2.and 3.Also complete A g ure
a o a item 4 if Restricted Delivery is desired. ❑Agent
CI= m P' m @ rL -c ■ Print your name and address on the reverse ❑Addressee
ur�
m_ so that we can return the card to
b Printed Nameyl ate of Delivery
■ Attach this card to the back of the mailpiece,
D�3
�^ ❑)I❑ or on the front it space permits. 7—
n m ame 4 I-`
D. Is delivery address different from Item•1? 0 Yes
O a 1.ArWe Addressed to:
CO tt O o m m 11 YES,enter delivery address bebw: 0 No
a w o
l0 w s
LD m o?. ° m c• S ila
1� 1'
LO
{
3. Service Type
m o 0
Certified Mad O Express Mail
m IA V ,tr� I ElRegisteeed *rRetum Reoeip:for Merchandise
o Y� ❑Insured Mail 0 C.9A.
r'=7
m 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article plumber
m 7002 3150 0005 5666 3690
CD (Transfer from service)abef)
PS Form 3B11,August 2001 Dcrnesfc Return Receipt IM59S0e44-1405
v
N
CO

Doc Id: 6024891
1 �dr F11ad Book: 1357 Page: 50 Receipt 0: V 23D � �x, ED
01/19/2001 02:22PM NC Excise tax Pd: SB1
NORTH CAROLINA` BARBARA M CRAY, REGISTER OF DEEDS DARE CO, NC
DARE COUNTY 03
Land Transfer Number, z co e, • o l
Land Transfer Fee (1%): S4,050
�O��L ZA6 TAL
:-H 0 y
Excise Tax (.Z�,Q) $s to 1111 IN 00a 9/20 1 02:22PM
Prepared by: Grantor
Return to: Vandeventer Black LLP, P.O. Box 1042, Kitty Hawk, NC 27949
NORTH CAROLINA GENERAL WARRANTY DEED
2001 b and between:
This DEED is made on this the 3`d da of Jan
GRANTOR; John B. Gladden, unmarried
GRANTEE: James L.King and wife, Margaret B. King
3703 Cook Blvd, Chesapeake, VA 23323
The designation of Grantor and Grantee as used herein shall include said parties,their
heirs, successors and assigns and shall include singular, plural, masculine, feminine or
neuter as required by context.
WITNESSETH, that the Grantor, for valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has and by these presents does
grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or
parcel of land situated in the Town of Kittygs Hl u k,ead Atlantic Downsevil Hi,pare County,..
North Carolina descnbod as follows: .
All that certain lot or parcel of land being Lot B, Soundside
Woods Subdivision,Nags Head and Kill Devil Hills, Dare County, ;
North Carolina as shown on that plat recorded in Plat Cabinet D,
Slides 64 and 65, Dare County Register of Deeds.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land an Ball
privileges and appurtenances thereto belonging to the Grantee in fee simple.
Grantor covenants to and with Grantees that it is seized of the premises in fee
simple, and has the right to convey the same in fee simple;
;thatwill the
ever defend the title
e is Eree of
encumbrances, and that Grantor Grantor does hereby warrant an
DARE REAL ESTATE
COUNTY TRANSFER TAX
LTR(0� S ul L517

Filed Book: 1391 Pass: 375 Doe Id: 5043809
09/10/2001 11:49AM Receipt M: 35824
Doc Code: DEED NC Ex01lN T&x pd: $0.00
BARBARA M ORRY, REGISTER OF DEEDS DARE CO, NC
Prepared by Robert B. Hobbs, Jr.,Attorney
0 001 Page:188/2 3
0 1:49AM
Retum to Homthal, Riley, Ellis&Maland, L.L.P.
P. O. Box 310,Nags Head,NC 27959-0310
Tax Parcel: 02 901-002
Excise Tax: $-0-
2003
Transfer Tax: $-0- Au r 2 fl t,`
STATE OF NORTH CAROLINA COASTAL nlr�,l�,!;�0E MENT
COUNTY OF DAMELIZASc t H CITY
THIS GENERAL WARRANTY DEED OF GIFT made this 15 day of September, 2001 by and
between CHRISTOPHER J. TOOLAN and wife, DOROTHY K. TOOLAN (hereinafter referred to as
"Grantor"), and CHRISTOPHER J. TOOLAN and wife, DOROTHY K. TOOLAN,whose mailing address
is PO Box 1722, Kitty Hawk, NC 27949(hereinafter referred to as "Grantee"):
WITNESSETH :
That the Grantor has given,granted and conveyed,and by these presents does hereby give,grant,and
convey unto said Grantee, Grantee's heirs, successors, administrators and assigns, all of that certain piece,
parcel, or tract of land situate, lying and being in the Towns of Kill Devil Hills and Nags Head,Atlantic and
Nags Head Townships, Dare Cowity, State of North Carolina, and being more particularly described as
follows:
Beginning at an iron rod located in Nags Head Woods, said iron rod being located on the
Western margin of Old Nags Head Woods Road and lying South 49 degrees 50 minutes 21
seconds West a distance of 1,841.01 feet from an existing concrete monument in the woods,
said existing concrete monument lying North 66 degrees 54 minutes 37 seconds West a
distance of 891.41 feet from an existing concrete monument with NC Grid Coordinates of
North 831547.17,East 2988392.51,and also lying South 38 degrees 56 minutes 44 seconds
East a distance of 59.13 feet from a concrete monument lying in the Southeastern margin
of Ocean Acres Drive;
Running from said beginning point South 46 degrees 29 minutes 39 seconds East along the
Western margin of Old Nags Head Woods Road a distance of 144.80 feet to an iron rod,
thence turning and running South 49 degrees 50 minutes 21 seconds West a distance of
547.67 feet to an iron rod, thence turning and running South 16 degrees 34 minutes 54
seconds West a distance of 250.03 feet to an iron rod,thence turning and running South 44
- = = degrees 25 minutes 2 seconds West a distance of 930.59 feet to a calculated point, thence
continuing along said course an approximate distance of 111 feet to the.shoreline of the
Roanoke Sound,thence turning and running Northwest along the shoreline of the Roanoke
Sound to a calculated point, said calculated point lying North 46 degrees 46 minutes 39
seconds West a distance of 371,44 feet from the previously described calculated point,
thence turning and running North 49 degrees 50 minutes 21 seconds East a distance of
967.88 feet to an existing concrete monument, thence continuing along said course a
distance of 742.12 feet to an existing concrete monument, NC Grid Coordinates North
1

against the lawful claims of all persons whomsoever, subject to the exceptions
hereimfler stated:
Easements of Record.
Restrictive Covenants recorded in Book 998, Page 614, Dare County Public Registry.
IN WITNESS WHEREOF the said Grantor- hereunto set his hand and
seal on the day and the year first above written.!
(S_
John B , adden
COMMONWEALTH OF VMGINIA
CITY OF VIRGINIA BEACH
I, ram,.,CAS r..a y D A\CL-a �ly
a Notary Public, in and for the said jurisdiction, do
appeared before me this day and acknowledged the
hereby certify that John B. Gladden
due execution of the foregoing instrument-
Witness my hand and official seal this of
My commission expiresW Cprnmisslon
Expires Jan.31,20Q2 Notary Public
`'�b _ ") 111 IIII 1111 lllllillIIlIllli Illl I{I1 ©°/9820 1 02.22PM
a
I�r r a G a '�
g �
_ i G CyNr-+. Igo
The tore going Certificate of a ,
is certified to be correct. Thisinstrument and this sate are registered at the
date and time and in the Book and Page shown o e first page hereof. Barbara M.
Gray, Register of Deeds for Dare County, by c
a�
DepuWAssistant Register of Deeds.

7
II'�I��Illl Illl�i�I�I�I��'IIIIII'II��I Ifl I�II�1111 IN mnr°8 60 mi 11:4DRM
.,. .
' 831093.31,East 2986014,38,thence continuing along said course a distance of 44.23 feet
to the point and dace of beginning.
Said property consisting of 10+Acres and being Lot A as described and depicted in that plat
entitled "Soundside Woods" prepared by Carlos F. Gomez, RLS, and designed and drawn
.by Brant L. Wise, said plat being certified on February 22, 1994,dated November 1,. 1993
and being recorded in Plat Cabinet D, Slides 64 and 65, Dare County Registry, and also
being depicted onthatplat recorded in Plat Cabinet C,Slides 191-H and 191-I,Dare County
Registry, said plats being incorporated herein by reference as if set out in full.
Being the same property conveyed to Christopher J. Toolan by Deed dated July 14, 1995
and filed in Book 998, Page 618, Dare County Registry.
TO HAVE AND TO HOLD the above described lands and premises,together with all appurtenances
thereunto belonging,or in anywise appertaining,unto the Grantee,Grantee's heirs,successors,administrators,
and assigns forever.
AND THE SAID GRANTOR COVENANTS to and with said Grantee, Grantee's heirs, successors,
administrators,and assigns,that Grantor is lawfully seized in fee simple of said lands and premises, and have
full right and power to convey the same to the Grantee in fee simple, and that said lands and premises are
free from any and all encumbrances, except as set forth herein,and that the Grantor will warrant and defend
the title against the lawful claims of all persons whomsoever, with the exception of the following: Deeds of
Trust of record; Ad valorem taxes for the year 2001 and subsequent years; easements and restrictions of
record; and any local, county, state, or federal laws, ordinances, or regulations relating to zoning,
environment,subdivision,occupancy,use,construction, or development of the subject property.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal and does adopt the printed
word "SEAL beside his name as his lawful seal.
GRANTOR:
(SEAL)
eJ.oph oolan (SEAL)
Dorothy K. T lan
2

Pam
6/2oo f 3
0m f;49fiM
I I�IIII li�fl I��IIII I�II
.a
I��ix:^•.' is:.
NORTH CAROLIN A
DARE COUNTY
I, a Notary Public, of the County and State aforesaid, certify that Christopher J. Toolan and wife,
Dorothy K:Toolan personally appeared before me this day and acknowledged the execution of the foregoing
instrument:
witness my hand and seal this l 7 day of 20Q/
Notary Public
(AFFIX NOTARY SEAL)
Wiewsed
My commission expires Z d d R LA A
} ; bra Oft NA
NORTH CAROLINA MY c4m*SIM EV4g8 9.1120.iii.,if�
DARE COUNTY
Th foregoin or annexed certificate(s)of 00
0 .
Ware certified to be correct.
This day oP 20�.
JDAR GARA M. GRAY
Register of Deeds
BY: KC . ' 0 �lc�l
_Depot Assistant f} •.
F:\USERS\Carla\D1657-1 gifmdv.wpd
091501-1435
3