20081347 Ver 1_Inspection_20120124

os-,3 47
ANCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
August 28, 2008
MEMORANDUM D (,j 0W [2 n
TO: Cyndi Karoly S E P 2 2008 I?
Environmental Biological Supervisor
Division of Water Quality WETLANDSANt S- WAI ER QUALITY
TORMWA E BRANCH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: BILLY ROUGHTON
Project Location: LOTS 1-2 & 3-5 AT INT. OF BAY DR. & CHOWAN ST., DARE CO.
Proposed Project: RETAINING WALL W/BACKFILL, DWELLINGS, PIER, PLATFORM, BOATLIFT
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 09/18/08 to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Ron Renaldi at [phone],
ext. 238. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
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 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Billy Roughton
2. LOCATION OF PROJECT SITE: Lots 1-2 and 3-5 located at the intersection of Bay
Dr. and Chowan St., Virginia Dare Shores S/D, Dare County, adjacent to Kitty Hawk
Bay.
Photo Index -
2006: 185-7221 (0 13&14) 2000: 185-2091 (0 14) 1995: 185-1935 (E 3)
1989:1 46-19 (E & F 14) 1984:138-447 (P 19&20)
State Plane Coordinates - X: 2978050 Y: 851700
Rover File: E08141 OA Quadrangle: Kitty Hawk, NC L.L.
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 14, 2008
Was Applicant Present - Yes (Agent)
5. PROCESSING PROCEDURE: Application Received Complete - August 21, 2008
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kill Devil Hills
Land Classification From LUP - Development and Conservation
(B) AEC(s) Involved: Coastal Wetlands, Estuarine Waters, Public Trust Area and
Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Private residential
(E) Wastewater Treatment: Existing - None
Planned - Type III-B septic for each residence
(F) Type of Structures: Existing - None
Planned - Retaining wall, two single family
dwellings, both with a concrete driveway,
septic system, pier, platform and boatlift
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHFR
(A) Estuarine Shoreline
404 Wetlands 4,001 sf 60 sf shaded
Coastal Wetlands 432 sf shaded
(B) Estuarine Shoreline 3,193 sf impervious surface
(C) Shallow Bottom PTA, EW AEC's 4,450 sf shaded
(D) Other: High Ground 4,318 sf impervious surface
2,586 sf disturbed for septic
Billy Roughton •
Field Investigation Report
Page 2
(D) Total Area Disturbed: 16,957 square feet (0.39 acres) of which 4,942 sf is
shading
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a retaining wall with
backfill through two lots and the construction of a residential dwelling, concrete
driveway, septic system, pier, platform and boatlift on each lot.
Project Setting
The site of the proposed development involves two side-by-side vacant lots located between
3014 and 2916 Bay Drive, Kill Devil Hills, Dare County. One lot is referred to as Lot (1-2) and
the other as Lot (3-5), both within Virginia Dare Shores Subdivision. The size of the entire tract
is 29,400 sf with Lot (1-2) comprising of 13,882 sf and Lot (3-5) of 15,518 sf. Both lots contain
areas of buildable uplands as well as 404 Wetlands and Coastal Wetlands. Lot (1-2) has 9,273
sf of uplands, 1,936 sf of 404 Wetlands and 2,667 sf of Coastal Wetlands. Lot (3-5) has 9,238
sf of uplands, 2,972 sf of 404 Wetlands and 3,308 sf of Coastal Wetlands. The tract is adjacent
to Kitty Hawk Bay and the overall shoreline along the tract is 183 ft.
According to the application, the tract is located in an AE (EL8) Flood Zone, with an elevation of
ranging from 1' at Normal Water Level (NWL) to 5' along Bay Drive. Vegetation on the tract
includes, but is not limited to, Coastal Wetlands consisting of salt meadow hay (Spartina
patens), giant cordgrass (Spartina cynosuroides), black needlerush (Juncus reomerianus),
Scirpus spp., 404 Wetlands consisting of black willow (Salixnigra), pond pine (Pinus serotina),
groundsel bush (Baccharis halimifolia), red bay (Persea barbonia), Ipomoea spp., Allium spp.,
and uplands consisting of live oak (Quercus virginiana), wax myrtle (Myrica cerifera), greenbrier
(Smilax rotundifolia) and two loblolly pines (Pinus taeda).
The property is located in a waterfront residential community with an irregular shoreline and
thick wetland fringe. The shoreline is sandy and gently slopes out to Kitty Hawk Bay. Water
depths 325' waterward of NWL average just over four feet, while the water depths at 200'
waterward average three feet and water depths at 100' waterward average two feet. The
adjacent lot to the south of the project site has been developed with a residential dwelling,
driveway, retaining wall, pier, platform and boatlift. The adjacent lot to the north of the project
site has been developed with a residential dwelling, driveway and a small pier.
The waters of Kitty Hawk Bay are approximately 1 mile across from the project site to the
northern edge of Burnt Island and are classified by the NC Division of Water Quality as SC
waters and closed to shellfish harvesting. Submerged Aquatic Vegetation (SAV) was observed
in the waters adjacent to the applicant's property. SAV's identified include, but are not limited
to, eurasion water-milfoil (Myriophyllum spicatum), southern niad (Najas guadalupensis) and
widgeon grass (Ruppia maritime). The property site is approximately 100' north of the
northernmost boundary of the Kitty Hawk Bay/Buzzard Bay secondary nursery area defined by
the Division of Marine Fisheries. Review of available information indicates that archeological
site #95 is located approximately 1400' to the south of the project site.

Billy Roughton
Field Investigation Report
Page 3
Development Proposal
The applicant proposes to construct approximately 207' of retaining wall through Section 404
Wetlands above a Coastal Wetland fringe that will tie into an existing retaining wall on the
adjacent property to the south and terminate with a 20' return wall along the property line at the
north end of the tract. According to the plans submitted, the retaining wall will have a maximum
height of approximately 3.5' above the Coastal Wetlands. Approximately 370.5 cubic yards of
clean dirt will be placed on the landward side of the proposed retaining wall, resulting in the
loss of approximately 4,001 sf of delineated 404 Wetlands. The fill area will create an
expanded high ground area and facilitate the construction of a dwelling, driveway, and septic
system on each lot. Because of the development impacts on the 404 Wetlands, there is a joint
application with the USACE that requires mitigation in the form of an in-lieu payment to the NC
Ecosystem Enhancement Program.
In addition to constructing the retaining wall, dwelling, driveway and septic system on each lot,
the applicant is proposing to construct a pier system for each. The proposed system on Lot (1-
2) consists of approximately a 2'x 6' walkway over high ground, a 33'x 6' walkway over Coastal
wetlands and a 350' x 6' pier over shallow water habitat in Estuarine Waters and Public Trust
Waters. The proposed pier system on Lot (3-5) consists of approximately a 14' x 6' walkway
over high ground, a 10' x 6' walkway over 404 Wetlands, a 37' x 6' walkway over Coastal
wetlands and 325' x 6' pier over shallow water habitat in Estuarine Waters and Public Trust
Waters. Both of the proposed piers will terminate at a 20'x 10' platform with a 20'x 14' boatlift
on the west side of the platform. It should be noted that the proposed piers would conform to
the existing pier-head alignment, even if the proposed lengths are longer than the alignment.
Anticipated Impacts
Placement of the retaining wall will result in the loss of 4,001 square feet of Section 404
wetlands.
The placement of the piers as proposed will result in the shading of 60 sf of Section 404
Wetlands, 432 sf of Coastal Wetlands and 99 sf of high ground. Given the species of the
primary vegetation found within the pier walkway alignment (cynosuroides), it is anticipated
that the vegetation will not survive under the structure and eventually result in the loss of
432 sf of Coastal Wetlands.
The placement of the pier and platforms, as proposed, will result in the shading of 4,450 sf
of shallow water habitat in Estuarine and Public Trust waters.
• Impervious surfaces within the 75' AEC will be approximately 29.9% on Lot (1-2) and
18.5% on Lot (3-5).
Submitted by: Ron Renaldi
Date: August 27, 2008
• Proposed Site Plan
• USGS Vicinity Map
• Letters to Adjacent Riparian Owners
• NCEEP Acceptance for Compensatory Mitigation
• Wetland Delineation Plat
• Dare County Improvement Permits for on-site septic treatment
• Property deeds
The authorized agent for this project, Brian Rubino, can be reached at [phone] or
[e-mail] throughout this review process.
T (r?
Quible Q'I
Quible & Associates, P.C. P.O. Drawer 870
Kitty Hawk, INC 27949
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING ° Phone'. 252-261-3300
SINCE 1959 Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
July 15, 2008 Eduardo J. Voldivieso, P.E.
ASSOCIATES
NARRATIVE/TRANSMITTAL Joseph J. Anlaot, P.E.
Katherine C. Marchello, P.L.S.
RE: Billy Roughton
Lots 1-2 and Lots 3-5, Virginia Dare Shores
Kill Devil Hills
CAMA Major Permitting
This project involves two, side-by-side lots on Bay Drive in Kill Devil Hills that are owned by Billy
Roughton. One lot is referred to as Lot 1-2 Virginia Dare Shores and the other is referred to as
Lots 3-5 Virginia Dare Shores. Each of the lots contains appreciable areas of buildable uplands.
There are also areas of jurisdictional Section 404 wetlands on each lot. The Section 404
wetlands immediately adjacent to Kitty Hawk Bay are considered to be coastal wetlands. The
Section 404 wetlands have been delineated by Quible in December and confirmed by USACE
on June 4, 2008 (see enclosed delineation plat). The coastal wetlands have been delineated by
you in November 2007.
The proposed work involves single family residential construction on each of these lots that
includes a house, on-site septic treatment system, retaining wall, water access walkway, pier
with a boat slip/lift. This proposed work is similar to many of the nearby and adjacent lots. In
order to provide sufficient space for septic systems (including repair areas), parking and the
residential structures, a small area of Section 404 (non-coastal) Wetlands are proposed to be
filled. The applicant proposes a retaining wall that will contain the fill and provide a structurally
stable building footprint. This will help preserve the remaining wetlands present, including all
coastal wetlands. The amount of Section 404 wetlands to be impacted is 0.09 acres. Because
of the wetland impacts, this is to be a joint application with USACE and will require mitigation in
the form of an in-lieu payment to the NC Ecosystem Enhancement Program.
The water access walkways will be pile-supported and will serve as designated access routes to
the pier and water. The pier lengths are consistent with the existing adjacent pier head
alignments. The adjacent piers are approximately depicted (not surveyed). The proposed piers
will not extend beyond the established pier-head alignment. There is a proposed 20 ft by 10 ft
T-shaped platform at the end of each pier. There is one proposed slip for each pier. Each slip
will contain a boat lift like the majority of the adjacent lots. The water depth at the end of the
proposed pier is 4.25 ft based on nwl. This area does contain patchy SAV that includes
widgeon grass and Eurasion water milfoil. There will be no dredging and the slips will be no
different than those permitted on adjacent and nearby properties.
Please provide your preliminary review of this CAMA Major Permit Application package and
provide any comments or suggestions that you may have.
Enclosed are 27 copies of the following:
• $400 Processing Fee Check
• MP-1, MP-2, MP-3, MP-4
Agent Authorization Form
Dom MP-1 0 ; - 3 4 7
APPLICATION for
Major Development Perm":,..
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT

•-•---? -?rr••?p„? • -luvwner iniarmarion
Business Name
Project Name (if applicable)
Applicant 1: First Name MI Last Name
Billy
Roughton
Applicant 2: First Name MI Last Name
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box City State
1877 Kill Devil Hills NC
ZIP Country Phone No
.
279
48
USA 252 - 441 -

FAX No.
4988 ext.
Street Address (if different from above)
City State ZIP
Email
<Form continues on back>
SEP 2 2008
.. a t o f f"n, a LANDS AND STORM'J.? R BRANc4
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
Description
ngth of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
t
29,400 sq.ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
13,882 sq.ft., 15,518 sq.ft., NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 5 feet ?NHW or ®NWL
e. Vegetation on tract
Upland: Quercus virginiana, Myrica cerifera
404 non-coastal Wetland: Salix nigra, Pinus serotina, Baccharis halimifolia, Persea borbonia, Ipomoea spp., Allium spp.,
Spartina patens
Coastal Wetland: Spartina patens, Spartina cyn., Juncus roemerianus
f. Man-made features and uses now on tract
None
g. Identify and describe the existing land uses adjacent to the proposed project site.
Single family residential
h. How does local government zone the tract?
RL (Residential Low Density) i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
NYes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal?
?Yes NNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes NNo
?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a
National Register listed or eligible property? ?Yes NNo ?NA
<Form continues on next page>
t .?.
Form DCM MP-1 (Page 3 of 4) APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
There are no existing wastewater treatment facilities. Lot 1-2 does have a septic tank (without a drainfield) that was
permitted prior to 2000. Construction never took place at that time and the system was never completed or used.
o. Describe existing drinking water supply source.
Town of Kill Devil Hills water available
p. Describe existing storm water management or treatment systems.
none
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
® Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Two, single family residences
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Pile auger, small kubota-type loader/excavator; storage on-site or at equipment owners' property
d. List all development activities you propose.
pier with boat slip, retaining wall, house, driveway, on-site septic system
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? 22,527 ®Sq.Ft or ?Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Minor surface runoff
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ®Yes ?No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>

Form DCM MP-1 (Page 4 of 4)
6. Additional Information
APPLICATION for
Major Development Permit
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Sheila S. Tasch Phone No.
Address 5305 Tuza Lane, Virginia Beach, VA 23464
Name Douglas C. and Tara Paige Burlage Phone No.
Address 2916 Bay Drive, Kill Devil Hills, NC 27948
Name
Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to En#er on land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the est of my knowledge.
Date I.S-,0$ Print Name 6. > Gtt /A'?
Signature u
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Channel Other
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
NWL Breakwater shoreline
Length stabilization
123 ft
Width

32 ft
Avg. Existing
Depth NA NA NA- wetland
Final Project fill
Depth NA NA NA- wetland
fill
L EXCAVAT/ON
0This section nntannn,,.mn
r, -aiaiia, to ue excavatea trom below NHW or NWL in b. Type of material to be excavated.
cubic yards.
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ?None
(ii) Describe the purpose of the excavation in these areas:
d. High-ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
C. (i) Do you claim title to disposal area?
?Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ?None
(ii) Describe the purpose of disposal in these areas:
® This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
?Yes ?No ?NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
?Yes ?No ?NA
(ii) If yes, how much water area is affected?

and `f" r o ".
3. SHORELINE STABILIZATION
(If development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization:
[]Bulkhead ?Riprap []Breakwater/Sill []Other:
c. Average distance waterward of NHW or NWL:
® This section not applicable
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ?No ?NA
If yes,
(ii) Amount of material to be placed in the water none
(iii) Dimensions of fill area 4,001 soft. (irregular shape-
approx. 123 ft x 32 ft)
(iv) Purpose of fill
residential construction and retaining wall (retaining wall is
to retain fill from entering preserved wetlands and is not a
shoreline stabilization structure)
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
fill will be placed on the landward side of the proposed 187 ft
retaining wall; the site will be seeded promptly after fill and
compaction
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
This section not applicable
b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
OWL 4,001 sg.ft. []None
(ii) Describe the purpose of the fill in these areas:
residential construction (see 4.a of this section)
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
backhoe
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
?Yes ZNo ?NA site? ®Yes ?No ?NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Only the wetlands to be filled (4,001 sq.ft.) will be crossed
S Q $ Project Name
Date -
Applicant Name
qe 3 of ,)
Applicant ignature `
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
Two
c. Density (give the number of residential units and the units per
acre).
Two; (equates to 3 units per acre)
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
?Yes ?No ®NA
(ii) If yes, list the date submitted:
b. Number of lots or parcels.
Two
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
22,527 sq.ft.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete and two roofed structures
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
29%
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
27%
j. Describe proposed method of sewage disposal.
On-Site septic treatment system (see enclosed Dare
County Health Dept. Improvement Permits, dated 2-4-
08 and 2-6-08.
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
minor surface runoff may occur
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
0) Has a site development plan been submitted to the Division of
Water Quality for review?
?Yes ?No ®NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
?Yes ?No ONA
If yes, attach appropriate documentation.
M. Does the proposed project include an innovative stormwater
design?
?Yes ENo ?NA
If yes, attach appropriate documentation.

P"ago of
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Dare County
o. When was the lot(s) platted and recorded?
Lots 1 and 2: 4/14/89; Lots 3-5: 12/17/89
n. (i) Will water be impounded? ?Yes ®No ?NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ?No [DNA
Date
Project Name
T i o0t,
ApplicAN
Applic
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ? This section not applicable
a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public?
?Commercial ?Public/Government OPrivate/Community ?Yes ONo
c. (i) Dock(s) and/or pier(s)
(ii) Number 2
(iii) Length Lot (1-2): 350 ft: Lot (3-5)' 325 ft
(iv) Width both 6 ft
(v) Floating ?Yes ONo
d. (i) Are Finger Piers included? ?Yes ONo
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ?Yes ?No
e. (i) Are Platforms included? ®Yes ?No
If yes:
(ii) Number 2
(iii) Length both 20'
(iv) Width both 10'
(v) Floating ?Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
2
(ii) Number of slips existing
0
i. Check the proposed type of siting:
? Land cut and access channel
?Open water; dredging for basin and/or channel
®Open water; no dredging required
?Other; please describe:
k. Typical boat length: 24
M. (i) Will the facility have tie pilings?
®Yes ?No
(ii) If yes number of tie pilings?
4
f. (i) Are Boatlifts included? ®Yes ?No
If yes:
(ii) Number 2
(iii) Length both 20'
(iv) Width both 14'
h. Check all the types of services to be provided.
? Full service, including travel lift and/or rail, repair or
maintenance service
? Dockage, fuel, and marine supplies
? Dockage ("wet slips") only, number of slips:
? Dry storage; number of boats:
? Boat ramp(s); number of boat ramps:
? Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
open runabout
1. (i) Will the facility be open to the general public?
?Yes ®No

12. DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
? Office Toilets
? Toilets for patrons; Number: ; Location:
? Showers
? Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live-aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
?Yes ?No

n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes []No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected.
?CW ?SAV ?SB
?WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts)- ®This section not applicable
a. (i) Is the boathouse structure(s):
[]Commercial []Public/Government []Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ® This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
[]Commercial []Public/Government ®Private/Community
c• Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
® This section not applicable
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
Lot (1-2): 31 ft, Lot (3-5): 27 ft
b. Proximity of structure(s) to adjacent docking facilities.
Lot (1-2): 51 ft, Lot (3-5): 105 ft
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
0.7 miles
d. Water depth at waterward end of structure at NLW or NWL
4.25 feet
e. (i) Will navigational aids be required as a result of the project?
?Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented.
18. OTHER ? This section not applicable
a. Give complete description:
Date
Project Name
ova h?'u
Applicant N
Applicant Signatur
a.
July 14, 2008
RE: Billy Roughton
Lots 1-2 and Lots 3-5, Virginia Dare Shores
Kill Devil Hills
I authorize Quible & Associates, P.C. to act as agent on behalf of Inner Banks, LLC for
environmental permitting, including CAMA, USACE and DWQ permits if necessary.
Name: Billy Roughton Date . S U g
MAJOR PERMIT FEE MATRIX
Applicant: 1 L ` ?? 17-0 ?J
Selection Development Type Fee DCM % DWQ %
(14300 1601 435100093 1625 6253) (24300 x.602 4351DGB95 2341)
1. Private, non-commercial
development that does not $250 100%($250) .0%($0)
involve the filling or
excavation of any wetlands
or open water areas: '
II. Public or commercial
development that does not $400 100%($400) ,0% ($0)_
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3490 (See
attached can be applied:
III(B). Public or commercial
development, if General $400 100% ($400) 0%($0)
Water Quality Certification
No. 3490 (See attached)
can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3490 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
CA
NN'
"INS
4
41.
W-1
Copyright

IV-
-4140T, tem
PROGRAM
July 9, 2008
Billy Roughton
P.O. Box 1877
Kill Devil Hills, NC 27948

Expiration of Acceptance: January 9, 2009
Project: Billy Roughton Bay Drive Lot 5
County: Dare
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River Basin Cu
Location Stream (feet) Wetlands (acres) Buffer I

(Sq. Ft.) Buffer II

(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Pasquotank 03010205 0 0 0 0 0.091 0 0 0
Credits Pasquotank 03010205 0 0 0 0 0.182 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, NCDWQ-Washington
Brian Rubino, agent
File
Sincerely,
Wily D. Gilmore, PE
Director
P-ot" Oar .Rate,
AW2, i
RUDE-RR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
NOTES: \
0• - EX151TIN6 IRON ROD (EIR)
• - CALCULATED POINT WOOD's PLATS
A - WETLAND FLAG
- SURVEY DATE 12-10-07
- AREA5 BY COORDINATE
METHOD
- TH15 IS NOT A BOUNDARY
SURVEY AND l5 NOT INTENDED
FOR RECORDATION OR
GONVYANGE.
- REFERENCE PLATS PREPARED
BY DONALD E. HOOD, BOTH
DATED MARCH 27, 2000
ENTITLED '5WVEr FOR BILLY 6.
ROW4761N, LOT5 I $ 2, BLOCK
6q VIR61NIA DARE TRAIL $ PT.
OF CHOWAN 571 R/W" AND
'5LRVEY FOR BILLY 6.
ROU6HTON, LOT5 3, 4 $ 5,
BLOCK 69, VIRGINIA DARE
55
i' Fc Ijg1.
6I R .,
Z
SHORES . ?-P FIRE HYDRANT
- ROTATION BA5ED UPON A-B tiv 6
?F PK CENTERLINE
PK CENTERLINE INTFR5EGTION
INTB25E6 TION WITH ?-
D?I V f =??Q9 i
HZLK1A50N 5T. 0,A'(
N 0°41'161°W W.01AL rl \ \ a°
?,- z5-1
L?- -?
(TIFF ,. (TIE TO EIRJ
_ E1R BETklffN 84.64 NOS°03'53
M7ER
50t$3 05Q,02 °F "gees 508 ._qa-02"E
3 6ATV Bo 7500 83.08
1ET62 BOX
"UzR PIN 9875-20-61-2462
PIN 9875-20-61-1497
AREA = 15,517.5 5F
\ LOT5 3, 4 1 5, BLOCK 8q,
w W ROIN/A DARE 5HORE5
tv PG 2, 5L l3/
N
Qj- O
(9,238.4 5F UPLAND)
?IK
All
A12Ar _?I5
GW 4?s
AREA = 13,661.5 5F
LOT5 I d 2, BLOCK 89,
Cp PART OF CHOWAN 5T
VIR61NIA DARE 5HORE5
PG 2, 5L 131
_7A
(Z'
QL
O
O
rn
1EIR 0.12'
PERFEWIUCAR
OFF LINE)
O v?
? 3 00
R/W
?O
rn
(9,2732 5F LPL?ASND) v Al
A6N GW?-
Y"`ccc`000 A21?1
r
AB 1-,AT`
A4, L5 1 cp?j
(1,935.8 5F WETLAND) A3 _??1q
a I, ?2? jL?O GW ail, c
1
NIXONTON ST
N
NHLK11I5ON 5T
i
GHOWAN 5
50AEL 5
AN

i N

KILL DEVIL HILLS
VICINITY MAP
Mrs)
404 GERTIFIGATE
TH15 6ERTIFIE5 THAT THI5 COPY OF
TH15 PLAT ACCURATELY DEPIGT5 THE
BOUNDARY OF THE -VRI5DIGTION OF
SECTION 404 OF THE GLEAN WATER
ACT UNDER THE PRE5ENT LAW AND
REWAL TION5 A5 DETERMINED BY THE
UNDER516NED ON T1115 DATE. UNLE55
THERE 15 A 6HAN57E IN THE LAW OR
OUR PUBL1514ED RE6ULATION5, TH15
DETERMINATION OF SECTION 404
JJR15016TION MAY BE RELIED UPON
FOR A PERIOD NOT TO EXCEED 5
YEAR5 FROM TH15 DATE, T1415
DETERMINATION WA5MADE UTILIZING
THE 1467 6ORP5 OF EN6INEER5
WETLANDS DELINEATION MANUAL.
NA
TITLE ``
a? loCI 17110 V
DATE
v; 'zoo $` a l/5?
LINE TABLE
LINE LENGTH BEARING
L1 3.54 N70°48'22'W
L2 7.51 N70°48'22'W
L3 7.65 N70"48'22'W
L4 20,66 S85°21'41'W
L5 23.60 N06°58'44'E
L6 27.22 N79°38'30'E
L7 11.18 N32048'06'W
L8 12.65 N82°52'31'W
L9 18.46 N28°05'00'W
L10 12.46 N19°43'24'W
111 26.76 N19.43'24'W
L12 27.99 N11°43'41'W
L13 19.04 N17'57'38'W
L14 5.94 N17'57'38'W
L15 31.12 N10°49'33'W
L16 8.35 S85"18'27'W
L17 14.09 N41*58'13'E
L18 9.30 S71°05'29'W
L19 12.55 N33°13'09'W
L20 22.41 N11°57'16'W
L21 28.66 N28°02'47'W,
L22 16.05 N38°52'37'W
L23 30.96 N47°23'20'W
L24 50.52 N25°45'24'E
125 16.56 N25°45'24'E
['1 1
A10 tJ? A
U3 ?- .
?? •:
ti
72-5f/- 5F
60A5ALWETLAND) •r•'X
(2,g7L7 5F WETLAND)
,III, eyy •r•
6 GG'3?
AIL
lilb o J r'
5HORELINE
'10 LOCATED 12/10/07
'MOTE-5HORELINE 15 A
p (3,3074+/- 5F 3 f o?? DYNAMIC BaWAR)'
W 60A57AL WETLAND) 1 AND WILL GHAN6E H17H
0 (2,6 14113 0 o
u?iNVa `. r~
1 TIME
N08° 4oW N02°04'44"W
_ 23 S? 40.76
KITTY HAWK BAY
*TH15 /5 NOT A BOUNDARY 5URVEY AND 15 NOT
INTENDED FOR RECORDATION OR CONVEYANCE
PROJECT
07115 COPYRIGHT © 2007
QUIBLE & ASSOCIATES, P.C.
DRAWN

KCM IS DOCUMENT 15 THPROPERTY 01
QUIBLE & ASSOCIATES. PC. ALL
RIGHTS ARE RESERVED. ANY RE-
DUCTION OF THIS OR POSSESSIOI
WITHOUT PRIOR PERMISSION OF
0T1/5-WET QUIBLE do ASSOCIATES. PC WILL
CONSTITUTE VIOLATION OF COPYRIGHT
LAWS. VIOLATION WILL BE SUBJECT
DATE TO LEGAL ACTION
12/11/07
WETLAND LOCATION
BILLY G. ROUGHTON

KILL DEVIL HILLS DARE COUNTY
NORTH CAROLINA
0 40 BO
GRAPHIC SCALE IN FEET 1'=40
Quible SINCE 1959
& Associates, P.C.
ENGINEERING * CONSULTING ' PLANNING
ENVIRONMENTAL SCIENCES ' SURVEYING
B JUNIPER TRAIL, KITTY HAWK, NC 27949
Phone: [phone]
Fax: [phone]
E-Mail: quible0earthlink.net

J?ZY Opp
Improvement Permit
County of Dare
PO Box Drawer 1000 ' A.. 15710
Manteo, North Carolina 27954CARo?`?C Phone: [phone]
Dare County Health Department
Improvement Permit (Septic Tank Sewage Disposal)
Non-Transferable
PIN: 987520812462 Parcel: 029610001 Permit#: 15710
Owner Name: ROUGHTON, BILLY G Permit Date: 2/4/2008
Owner Address: P O BOX 1877 Comm / Res: Residential
-- Owner Phone: [phone]
KILL DEVIL HILLS NC 27948
DBA: --
Location: 0 BAY DR LotBlockSect: Lot: 1-2 & PT CHOWAN ST Bll
Subdivision: VIRGINIA DARE SHORES REVISED
Category of System: Rewrite
Type of Tank: Existing Size of Tank:
Type of System: 1,000
Type III-B
Amount of Tile (feet): 240 Width of Ditch:
Rock Under (inches): 18x40
6 Rock Above (inches):
No. of Bedrooms: 4 2
Sleeping Capacity (persons): 8 Gallons per Day:
Type of Water: 480
Public Previous Permit#:
Feet from Water Supply: 10 Feet from Body of Water:

Feet from Property Line: 10 Feet from Building: 50
5
Comments: BEFORE THE CA PERMIT WILL BE ISSUED, REMOVE VEGETATION AND ROOT
LAYER FROM DRAINFIELD AREA, FILL THE SOUTH END OF SEPTIC AREA TO
EXISTING GRADE OF THE NORTH END
GET SITE WORK APPROVED
,
AND SUBMIT HOUSE PLANS FOR REVEIW AND APPROVAL. BY DCDPH,
Note: This Permit is issued subject to all provisions of the ordinance governing the installation of septic systems. The
person making the installation must notify the Health Department when the septic tank system is ready for inspection.
If any septic tank system or part thereof is covered before being inspected and approved, it shall be uncovered at the
direction of the Health Officer at the expense of the one responsible for making the installation.
IPRR
-------- 2/4/2008
4Enviro Sewer Permit Fee: $75
1 He 1 Specialist Date Applicant
Date
Improvement Permit oFd
County of Dare .?. , 15716
PO Box Drawer 1000
Manteo, North Carolina 27954CAR??`?e Phone: [phone]
Dare County Health Department
Improvement Permit (Septic Tank Sewage Disposal)
Non-Transferable
PIN: 987520811497 Parcel: 029610000 Permit: 15716
Owner Name: ROUGHTON, BILLY G Permit Date: 2/6/2008
Owner Address: P O BOX 1877 Comm / Res: Residential
-' Owner Phone: [phone]
KILL DEVIL HILLS NC 27948
DBA: --
Location: 0 BAY DR
S
bdi
i
i LotBlockSect: Lot: 3-5 Blk: 89 Sec:
u
v
s
on: VIRGINIA DA RE SHORES REVISED
Category of System: New
Type of Tank:
Type of System: Precast
Type III-B Size of Tank: 1,250
Amount of Tile (feet):
Rock Under (inches): 300 Width of Ditch: 18x50

No. of Bedrooms: 6
5 Rock Above (inches): 2
Sleeping Capacity (persons):
Type of Water: 10 Gallons per Day:
600

Feet from Water Supply: Public
10 Previous Permit:

Feet from Property Line:
10 Feet from Body of Water:
Feet from Buildin 50

Comments: CA PERMIT WILL BE ISSUED AFTER S g:
ITE WORK APPROVAL 5

HOUSE PLANS SUBMISSION. , SITE PLAN A ND
Note: This Permit is issued subject to all provisions of the ordinance governing the installation of septic systems. The
person making the installation must notify the Health Department when the septic tank system is ready for inspection.
If any septic tank system or part thereof is covered before being inspected and approved, it shall be uncovered at the
direction of the Health Officer at the expense of the one responsible for making the installation.
Issued B o 1PR
Sewer Pe t Fee: $400 2/6/2008
Enviro Specialist Date Applicafit
Date
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman
Governor Director Secretary
January 24, 2012
Mr. Billy Roughton
P.O. Box 1877
Kill Devil Hills, NC 27948
Subject. 401 Water Quality Certification Inspection
Lots 1-2 and 3-5, Virginia Dare Shores.
DWQ Project # 2008-1347
Kitty Hawk Bay [030156, 30-19, SC]
Dear Mr, Roughton:
On January 27, 2011, Anthony Scarbraugh of the Division of Water Quality (DWQ) inspected the
proposed construction of a retaining wall to expand the upland area to facilitate the construction
of two residential dwellings and associated infrastructure on two residential lots located between
3014 and 2916 Bay Drive in Kill Devil Hills, Dare County. Please note, this inspection report
was re -issued due to a clerical error and supersedes the results of the previous inspection issued
on February 10, 2011. This project was inspected for compliance with the General Water Quality
Certification (GC) #3641 with Additional Conditions granted on October 17, 2008 for the
construction of a retaining wall at the subject property.
The GC approved the fill of 0.091 acres of wetlands to complete your project as described in your
application received by DWQ on August 29, 2008.
The inspection revealed that the project has not yet been completed. As such, you will be
rescheduled for an inspection at a later date. This office would like to remind you that you are
limited to the impacts proposed in your application and you must comply with all additional
conditions regarding completing the certification of completion and compliance with GC #3641.
As a reminder, if you change your project or your 404 or CAMA Permit has expired you must
notify us and you may be required to send us a new application. 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 fills for this project (now or in the future) exceed one acre
of wetland or 150 linear feet of stream, compensatory mitigation may be required from DWQ as
described in 15A NCAC 214.0506(h). Upon completion of all work approved within the 401
WQC, and any subsequent modifications, the applicant is required to return the enclosed
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
North Carolina Division of Water Quality Internet: www.ncwaterauality.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] MfffiCarofiina
An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper Aldmudy

Page 2
Billy Roughton
DWQ Project # 2008-1347
Dare County
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-1650. This document
can also be accessed through the DWQ 4011Wetlands website at
fiap:flh2o.enr.state.ne.us/newetiands/iiidex.html.
Violations of any condition set forth in the Certification and Additional Conditions may result in
revocation of this Certification and may result in criminal and/or civil penalties. The
authorization to proceed with your proposed impacts or to conduct impacts to water as depicted in
your application and as authorized by this Certification shall expire upon the expiration of the 404
or CAMA Permit.
Should you have any questions regarding these matters, please contact either Anthony Scarbraugh
or myself at [phone].
SlIcerely,
Al o . ge Regional Supervisor
Sur ace.
Protection Section
``Washington Regional Office
Enclosures: Approval Letter
Formerly 3641
Certificate of Completion
cc: WaRO Files
Doug Huggett, DCM Morehead City Office
Lynn Matthis, DCM Elizabeth City Office
Washington ACOE Office
North Carolina Division of Water Quality Internet; www.ncwaterquali.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunklAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper
No thCarolina
Natunillb,

Mr. Billy Roughton
Post Office Box 1877
Kill Devil Hills, NC 27948
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
October 17, 2008
DWQ Project # 08-1347
Dare County
Subject Property: Lots 1-2 and 3-5,, Virginia Dare Shores
Kitty Hawk Bay, Albemarle Sound
Approval of 401 Water Quality Certification (GC3641) with Additional Conditions
Dear Mr. Roughton:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.091 acres of wetlands as described in your application received by the Division of
Water Quality(DWQ) 401 Oversight/Express Review Permitting Unit on August 29, 2008. After
reviewing your application, we have determined that the Division of Water Quality (DWQ) General
Water Quality Certification Number 3641 covers these water impacts. -In addition, you should get or
otherwise comply with any other federal, state and local requirements before you go ahead with your
project 'including (but not limited to) erosion and sediment control regulations and CAMA..Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this. project (now or in the future) exceed one acre of
wetland or 150 linear feet'of stream, compensatory mitigation may be required as described in'15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved
including incidental impacts:
North Carolina Division of Water Quality Internet: h2o.enr,state.nc.us
943. Washington Square Mall Phone: [phone] One
Washington, NC.27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper Naturallff
Amount Approved (Units Plan Location or Reference
Stream
feet
4041CAMA Wetlands
0.091 (acres) Lots 1-2 and 3-5
Waters
(acres)
Buffers
(square ft.)
North Carolina Division of Water Quality Internet: h2o.enr,state.nc.us
943. Washington Square Mall Phone: [phone] One
Washington, NC.27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper Naturallff

2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3 641.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), 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, which conforms 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 Roberto Scheller of the Washington, Regional Office at
252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerel ,
For C eeri .Sul Its
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, Ron Renaldi
File copy