20052066 Ver 3_NOV Response_20060911

Corolla Bay, LLC
VIA FACIMILLIE AND CERTIFIED MAIL
September 7, 2006
NCDEN
Division Quality
943 Washington Square Mall
Washington, NC 27889
Attention: Mr. Al Hodge
Surface Water Protection
Washington Regional Office
Dear Mr. Hodge:
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I am sending this letter per the request of the August 28th & August 30th letters from DWQ. I would
like to take this opportunity to explain the history of our involvement concerning Phase III of Monteray Shores.
approximate 90 acres that was previously owned by Whalehead Properties, LLC. In 1987 Monteray Shores,
Inc. had received a County approval for approximately 224 home sites for Phase III of Monteray Shores. In
2002 Whalehead Properties sold 20 acres of the approximate 90 acres to Jim Stritzinger, who sold 10 acres to
Food Lion Corporation and 7 acres to a developer/building from Richmond, VA, who developed 19 lots which
are both part of Phase III of Monteray Shores. In 2003 we purchased the remainder of the property. At the time
of the purchase, we were provided with survey plats showing no wetlands on the east side of Highway 12,
which was signed off by William Westcott of Army Corps. That plat is valid until March 21, 2007. We
subdivided the property into 4 parcels and sold 10 acres to Currituck County after the purchase of the property.
During the interim, we had a master subdivision sketch plan approval from the County that had reduced
the property to approximately 115 home sites and the remainder of the property being open space and
commercial. Upon receiving Planning Board approval for Phase I from Currituck County, which consists of 36
lots and 7.3 acres of commercial, Coastal Engineering proceeded forward in obtaining necessary civil permits.
George Woods with Environmental Professionals, is involved with the environmental issues for Corolla Bay
Phase I, Environmental Professionals on Corolla Bay's behalf applied for the 401 Certification and Army Corps
fill permit for the installation of Cruz Bay Lane. The Army Corps permitted to fill 0.13 acres for the filling of
the road. The response came back from DWQ for incomplete package stating that they wanted all wetland
impacts throughout Phase I & Phase II to be addressed with a plat showing completed development and DWQ
would not permit a 401 Certification for only the filling of Cruz Bay Lane (see attached letters).
821 Ocean Trail
Corolla, NC 27927
2S2-4S3-3600 (phone)
252-453-3922 (fax)
of ter

September 7, 2006
Page Two (2)
As I explained to the gentlemen in the DWQ Raleigh office, we only have approval for Phase I from the County
and Phase II is a future phase, and the two (2) parcels on the east side of the highway are future phases until the
sewer capacity is available. We will not be able to properly finalize the design of the subdivision.
I also further explained, we will have to ask Army Corps do the final wetland delineation for Phase II and also
do not have County approval for Phase II and it would take 4-9 months to complete these items, and we were
not interested at this time in even pursuing Phase II development until sewer capacity is available. He informed
me that DWQ has changed their process and they will not allow phasing and would not accept reviewing only
Phase I of Corolla Bay for filling Cruz Bay Lane. I was then told that I needed to any and all show all impacts,
including housing, parking, pools, piers, etc. which, we have no idea what the home site owner will want to
construct, which is completely opposite of showing minimization of impact to the wetlands as required by other
agencies. We never had to provide this type of information (which is nothing but a wild guess) in the past, for
other subdivisions on the Outer Banks. Our responsibility as a developer is to complete the infrastructure and
whoever purchased the home site can choose what size house, whether or not they elect for a private pool,
private pier or apply for a Nationwide Permit concerning the wetlands or just own the land for investment
purposes is the property owners choice. I would also like to acknowledge that we have completed a
development in Dare County called Carlyle on the Sound (Spring 2006) that consisted of approximately 100
acres and we had wetland issues similar to what we are having in Corolla Bay and was never requested in any
shape or form for this type of procedure.
Also, we noticed major erosion on the southern end of Phase II parcel and Dennis Hawthorn, Coastal
Area Permitting Assistance, has applied for a Major CAMA Permit in December 2005, to install a 750 foot
bulkhead with rip-rap and 2 community piers that was not part of Phase I development. The August 29cn
NCDENR letter received (copy attached) has rejected this project due to the complications with other agencies
involved in making us take a complete wild guess of what is going to be built upon each individual lot in Phase
I as well as in Phase II for maximum/minimum wetland impacts.
Due to the current moratorium of Monteray Shores, we elected to install our own wastewater plant. We
have in our possession an 80,000 GPD Wastewater Permit from DWQ. The permit came with instructions of
things to do pertaining to the site the plant was to be located on. Due to the approval process from the County,
where the 80,000 GPD Wastewater Plant was to be located on 1.3 acres, we needed to clear that area and fill to
10 foot elevation. With the information we had when we purchased the land, we had no knowledge of any
wetlands on this property and proceeded forward to fulfill that obligation. Thomas Steffans and Kyle Barnes
have stopped by and questioned what we were doing. We provided them with a copy of the plat that was
approved and DWQ seemed to have a dispute. Joe Lassister, Quible & Associates was involved with the
previous landowner in working with Army Corps, so we have contacted Mr. Lassiter to get involved with the
east side parcel to work with DWQ. From my understanding, everything seems to be in agreement and being
finalized with no issues to my knowledge.
821 Ocean Trail
Corolla, NC 27927
252-453-3600 (phone)
252-453-3 922 (fax)

September 7, 2006
Page Three (3)
We have also just recently met with Raleigh Bland and Thomas Steffans with Army Corps on the
property and they were confused on ownership, what was currently being developed, what was being proposed,
and after the on-site meeting they had an understanding on what we were trying to accomplish. They were very
helpful in providing information on how to proceed forward with this project. They also recommend that we
have a meeting with DWQ to clear up any confusion with the different agencies as well as with the engineers
and environmental professionals as to what type of documentation to provide on a plat that will satisfy all
agencies.
Mr. Hodge, this development as a whole is entirely dependant upon obtaining sewer capacity in order
for a complete in-depth final development plan be designed, permitted & constructed. This is this main issue
for phasing this development. We know that you have firsthand knowledge of the 6 year moratorium on
Monteray Shores & Buck Island concerning sewer capacity. We have reached an agreement with Carolina
Water to provide sewer to our total development (depending on DWQ approval). We have turned out to be the
key player in helping Carolina Water work towards resolving a permanent solution for the moratorium in
Monteray Shores & Buck Island. This agreement is being executed and we have agreed not to put in the 80,000
GPD Wastewater Plant provided Carolina Water is successful on the Monteray Shores sewer expansion.
In closing, our current objectives are only to develop Phase I of Corolla Bay at this time. The remainder
parcels are for future development provided Carolina Water can provide sewer capacity to Corolla Bay as per
the agreement. We request to meet with the necessary agencies as soon as possible to resolve and understand
how we can move forward to complete Phase I of this project, as we have on other projects that I have
completed on the Outer Banks.
Sincerely,
(~
Eric Avery
Managing M er
cc: Mr. George Woods, Environmental Professionals
Mr. Carols Gomez, Coastal Engineering
Mr. Joe Lassister, Quible & Associates
Mr. Dennis Hawthorn, Coastal Area Permitting Assistance
Mr. Raleigh Blan, Army Corps of Engineers
Mr. Tom Steffans, Army Corps of Engineers
Mr. Danny Smith, Wetlands and Stormwater Branch
Ms. Cyndi Karoly, NCDENR -DWQ
821 Ocean Trail
Corolla, NC 27927
252-453-3600 (phone)
252-453-3922 (fax)

FROM :EPI
FAX N0. :252 441 6721 Dec. 20 2005 04:d5PM P4
, , ~9 MicMtet P. F.ealex, Qovanor
0 W111itpr- Q. ttwA Jr., sectd.ry
North Can+lim Daportmml of Rnvhmmeat and N.uaai Rorowoo
~ Nan VV.1(!h-telt, P.a Dlroowr
~.,,. ~ DivieionotwetarQadity
November 22, 205
CERTIT~D NYAIL: RETURN RECEfPT R~QUE9TED
Mr. tic A~vory
ComUa Hay LLC
8Z1 Ocean Trail, Suite ~
Corolla, NC 27297
Subject prt~perty: ~ ~ Corvlltt BRy - Pbaee Y
Ctitrrituck Sound [030154, 30-1, sCJ
REQUEST FOR MOR>C INFORMATION
Dear Mr. Avery:
D1~Q Ptoj,oct # OS-20b6
Currituck County
On Novemabcr l 6, 2005, the I3ivisian of Water Quality (DWQ) received your application dated
Novotrtber 9, 2005a to itripaat 0.1248 acres of watlands aad to constrttot the propo~aod road. ~ The
DWQ has determined that your application was incomplete and/or ptovidod inaccurate
informatiaa~ag diseuesod below. The DWQ will require additional infarme#ion in order to
process your application to impact protected wetlands and/or streams on the aubjeet proptrty,
Therefore, unless we receive the additional information requestad bciow, we will have to move
toward d~da1 of your applicxttion as required by 1 SA NCAC 2H .0506. and will place this project
on hold as incomplete until we ra~ive this additional information. Please provide the following
information ro that we may continuo to review your pmjeot.
Additional Ipfr-rmatlon Requested:
1, Please show all wetland impacts, including Sll slopes, on the site plan..ln particplar, can
all those lots be built without addidotwl vvotland fl117 Also, please address lot impacts for
Phase II of the dovalopmant with the mcldified application.
Please res~wnd~ within three weals of the date of this fetter by sending flue information tome irn
writing and Kyle Barnes, of the DWQ V~aahington Regional Office. if we do not hear from you
within thrt~e weeks, we wi11 assume that you nol longer want to pursue this project and we will
ooneidtr the prajoct ere withdrawn. ; .
401' OvaaightJW~praoe RCVfe~v PantdW~ Unit
16'JO Mail 9arvla Cantor. ltaleirh, Naatb C+aolla 27699-1 di0
232! Cnbra Aoutavard. Suite 230,14kdjh, NorW Cuollni Z76W
}'bt~net 919-731~t 7f6 / PAX 919.7,1,1.fit93 / Intrtllat; ~i~~g~taL
Aft F.Qaal OppalonitytAPllrraetive AGtoo r3mployrer- i0li Ranyaledlii»i Pat
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FROM :EPI FAX NO. :252 441 0721 Dec. 20 2005 04:46PM PS
Corolla Bay, I.I.C
Pose 2 of 2
November 22, 2045
This letter duly addresses the applieatic~n xeview and does not authorize any impacts to wetlmds,
watet~t ~'1C pmteetod buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DyVQ. Please cell Ms. Cyndi Karoly or Mx. Ian
McMillaa at 919-733-17$6 if you have any questions regarding or would like to set up a mooting
to discuss this matter.
siACerely,
~. ~~~~
Cyndi Kar~ly, Supervisor
401 OversightJLxpress Review Permitting Uait
CHK/~m
oc: Kyle Barnes, DWQ Wasbuington R,ogio~nal Qt~xce
G SACS Waslxington RegulatoryFicld Office .
kilo Copy
Contral Files
Kendall 'I~rnage, Snvironmertel Professionals, inc., P.O. Box 3368, Kill Devil Hills, NC 27948
Pildwnc: ~SZA66Co~nNw~yPl~1(G~rrkucWdn hold

~QF w A r~9p Michael F. Easley, Governor
~Q G William G. Ross Jr., Secretary
C/j ~ North Carolina Department of Environment and Natural Resources
O .~ Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ # 20052066
Currituck County
December 15, 2005
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. Eric Avery
Corolla Bay LLC
821 Ocean Trail, Suite 4
Corolla, NC 27297
Mr. Avery;
The Division of Water Quality received your letter and response dated December 9,
2005 regarding Corolla Bay, Currituck County. Unfortunately, your response did not adequately
address the issues outlined in our earlier letter dated November 22, 2005. For this reason, your
application is being returned to you as incomplete. Once a completed application is prepared,
you may reapply for our written approval and pay the 401 Certification fee again. Please
address the following issues in your next submittal.
1. Please clarify the feasibility of building on Phase I lots without impacting additional
wetlands, specifically lot numbers 16 and 32. Please provide building envelopes that
show whether additional wetland fill will be needed to construct homes on these lots.
2. Please address the lot impacts for Phase II of the development. We suggest that a
site plan be prepared for this area so all the impacts from this development can be
addressed upfront rather than in a piece-meal manner.
If you have any questions, please contact me at [phone]
Sincerely,
~~' "
n orney
Cc: George Wood, Environmental of ssionals, P. O. Box 3368, Kill Devil Hills, NC 27948
Central files
File copy
Kyle Barnes, DWQ Washington Regional Office
US Army Corps of Engineers, Washington Field Office
401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: http !/h2o.enrstate.nc.us/ncwetlands
No ° Carolina
J1~atcrra!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper

FROM : !~ I
PLANNING flJR
A NEi TER, ..
' ENVIRUNMtN71)eCEnnbClr 9, 2005
FAX N0. :252 441 0721 Dec. 20 2005 04:46PM P6
Ncuylt Carolina Divislo» of Water Quality
Attn. Cytuii ICamly, Supctti'isor
40t WetlAnde C"cation Und
165~a Iviait cjen-iue C.entet'
Ital~.lgh, NC 27694-1650
i'~ear Ms. Karoly, DWQ project
.. our uorreapcmdence ufNoveuc-bcr 22, 2005 regarding lion submitted
"I`kis ktner le witb reference do y ~ your letter rogt~~ ttn-t the infornoa
~c:~s-2066 corolla Bay, P~h ~ 1~8 t~ glop ~o ~ ~ plan. You also lAQuu'cA whec~er tt-e tats could be
show all wetland Impac ,
?,wilt without additio~ml wetland EiIL
i gt 3urvcying, loo., which
~ response to this laquu'Y,1 contacted the enginecr!"g ~- G,astal Engineer' ng z,dence
natbie for the six plan de~dgr- that was submitted. Attached you will find ~h di~n6 the fill elopes
is roePo ~ ~~ does incorporate e]i wetland irr~c
and rlghgt-off me clarify that the lots shown n13 the plate ~b° built without additional fill.
do asked that lot impacts for Pl~e 2 of tlxs devclnproent be ktdre~sed. We ~t and dasigu fort Pte'
You a1 ~, ~ cos~aidar altetnativc s•tbdivisiaa layou
with Coastal Bngttaeermg Rc Stiu'vcY~+ lan has not been t3nalized and Ko we are uaablc to
2. As tfio luttcr from the epgineere indicate, that p
provide you with iraformstion that wcrakl lie reliahle regarding Phase 2.
that thiK information is yufftciettt for you tc- continue proc~~ of tb+~ perr"it ao that we mar
We lwpo t of phase l .
procoed with the dcvalo'Pp1°n
Sincerely, nr]6,lnc.
~vj`~nental prufessiu ?6. '
~~fl _ ,
A f,
x wfova, c~:~ ,1>ws
~g
Coastal p~-ISiuoermg ~ Survtiyitt8 (Via Facsimile: 2G1-1333)
~' is N'acsimile: X53-41.45)
Mr. Eric Avery N~
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-:~..~,...~-:w--M::' -- =wM -..~ ~N .~.....-- C A R+O ~ I N A ~ N ~ 1
p.0-.BOX 3368 •wKII.L DEVIL-..H1-1.i•~ ~ RTH ti.. "'. .
FAX: [phone] • E A,'1L: ~r,hvirnnmPn~al~+rnAAar*t, -

FROM :l~I FAX NO. :252 441 0721 Dec. 20 2005 04:451'M P2
ema
To: CnaNhl 1~ee~lnP, do 3r>r-~cylrr~, IncJ : (arrive ('+ar~t (Via ~ Z61-1333)
ec: Eric Aver,' (Via Placaitaie: 4'.f3.414~
p4+am: tv~eor~e ~. Wood, CEP, ~fi
Date: December' 20, 200_*i
Re: DivWon of Water Qua>lty's Letttr o[Doccnober 1 x,1,005
Thank you for fhe information (bat you forwardkd b trre oa December 2, 20(15 and pleaxe find attached the correspondence
Bent to the Nnrth C:rolins Division of Wsxr Quality on Dcccrnber 9, 2005. The purpose of the letter was !n addrosa their
request inr additional information of November 2, 200S. Attached you will also fled the Division of Water Quality's
response of ]hcetnber 1S, 2005, iadlcatir~ that the information that had been forwarded was inauP6cient M address the
eoncasas ghat were raised, Please give rrre a call at your earliest convcrrience so that we can discuss what mepeurea should be
taken in ot$cr to addrear the conccxns by the North Carolina Division of Water Quality eo that this request for fill to improve
the mad can ba considered.
• Fags t

FROM :EPI FAX h1O. :252 441 0721 Dec. 20 2005 04:45PM P3
_~ ~ ~~^
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Decemiaer 2, 2005
~ 3U>xV~YING, A~1C.
Mr. Cieorpye Wood
Pt+esidenR
~avaroztmental Professionals, lac.
1404 5. Vlrgiwia Derv Trail
Kill Dewll Ydills, NC 27948
lZe: Corolla Bay > ~ DwQ comments.
Dear Ntr. woos:
i~
ry 'i
0 q~C ~ ~ RY
Thank you foT focwuding the comwemta flvm the Division of Water Quality concerning
the Wttland Fill Map !br Corolla Bay. We have rhowa all of the wetland impact on the
pL~n provided. We have accounted SUr the area o~ all fill slopes and right of way.
AU of ~e proposed lots ahawn on the plea can be buih upon withart additional fill. Thin
development a-iri include a central waetevvater tceataient plant, eo the required unable lot
area ie miniutized.
We hswe not completed the layout and design for phase II, therefore ere are rat able to
provide you with impatxe at this time.
Pkase feel flee to contact me if you have nay further questions.
sincerely:
coastal Ei
rac.
~,. ~1 ~~
Carts-F P.~. P.L.S.
P 0. i~ l 129.934 W, ~Cttty Hawk Rd. • Kitty Ha~}k, NC 27349 • (252j 26.1.4157 •1'~ [phone]

e~~
~-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 29, 2006
Corolla Bay, LLC &
Corolla Soundside, LLC
821 Ocean Trail
Corolla, NC 27927
Dear Sirs:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) to construct a 715 foot bulkhead fronted by 7 feet of
riprap, and two piers terminating in 20 ft. x 20 ft. platforms partially covered with
gazebos, which was received by the Division of Coastal Management's Elizabeth
City office on July 31, 2006. Processing of the application is ongoing, however, it
has been determined that additional information will be required prior to the
Division taking final action on your application. This item is summarized below:
1) After discussing the project with a number of the agencies involved in the
review process, DCM has determined that the proposed docking facility and
shoreline stabilization structure were part of a larger project. Therefore in
accordance with 15A NCAC 07J.0203(c), all aspects of the development,
including all upland development located outside the AEC, must be included in
the application package in order to determine if any portion of the entire
development proposal will cause adverse impacts to resources in the
immediate area, including resources within the AEC. Therefore, it is necessary
that processing of the application be placed in abeyance until all necessary
forms and workplan drawings are submitted to the Division of Coastal
Management describing all the development proposed, including that outside
the AEC. The necessary forms shall include a completed DCM MP-3 Upland
Development form, and revised workplan drawings showing ALL upland
development, including all proposed wetland fill.
You will be given five working days from date of mailing. If you can provide to
this office a copy of the requested information, DCM staff will continue
processing of the application and the processing clock will not be suspended. If
the required information is not provided to this office within the specified
timeframe, processing of the application will be suspended until such time as the
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] \ FAX: 2s2-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50°'° Recycled 110°io Post Consumer Paper

requested information is provided. If you have any questions concerning these
matters, please feel free to contact me by telephone at [phone], or by email
at [e-mail].
Sincerely,
Rich Weaver
Asst. Major Permits Coordinator
Cc: DMF -Elizabeth City -Sara Winslow
DCM -Elizabeth City -John Cece
USACE -Washington -Raleigh Bland
DWQ -Washington - Kyle Barnes
Dennis Hawthorn
120 Jimmy Court
Kill Devil Hills, NC 27948