20110404 Ver 2_CAMA Application_20110707

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman., Secretary
5 July 2011
EXPRESS PERMIT REVIEW PROGRAM
MEMORANDUM
TO: Karen Higgins
Division of Water Quality
FROM: David W. Moye
Express Permits Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: TowneBank of Currituck
DENR - WATER FUALITY
I
Project Location: At 2 Juniper Trail, at the intersection of US 158, in the Town of Southern
Shores adjacent the head of a manmade canal off Jean Guite Creek in
Dare County, North Carolina
Proposed Project: The applicant proposes to construct a commercial bank with parking, and
a retaining wall.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 26 July 2011. If you have any questions regarding the proposed project, please
contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.nett
DIVISION OF COASTAL MANAGEMENT 1 - 04 o 4
FIELD INVESTIGATION REPORT C-" GL. &Y--P
Express Permit Review Program
1. APPLICANT'S NAME: TowneBank of Currituck
2. LOCATION OF PROJECT SITE: 2 Juniper Trail at US 158 intersection in Southern Shores on a
manmade canal off Jean Guite Creek off Currituck Sound in Dare County, North Carolina
Photo Index - 2006: 185-7225; Q-17, 2000: 185-2095; Q-18, 1995: 185-1940; D-14,E-14
State Plane Coordinates - X: 2,968,400 Y: 870,700 GPS Rover File #U0623 IOB
Kitty Hawk Quad. (upper left corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/23/11
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 07/05/11
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Uplands - Commercial, Water and Wetlands - Conservation
(B) AEC(s) Involved: CS
(C) Water Dependent: NO
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic tank and drain field
Planned - Septic tank and drain field
(F) Type of Structures: Existing - Commercial building with asphalt parking
Planned - Commercial building, paved parking and retaining wall
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands ±791ft2
404 wetlands - NWP 18 issued
(B) Non-Vegetated Wetlands
(C) Other ±60,984 ft2
highground
(D) Total Area Disturbed: ±60,984 ft2 (±1.4 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: Yes
8. PROJECT SUMMARY: The applicant proposes to replace an existing building with a ±9,070 ft2
commercial building with a 51-space paved parking lot and a retaining wall.
Town@Barok of Currituck
,[ire COL - .;
x1press'Permit Review Program
Project setting
Brian Rubino with Quible & Associates, P.C., on behalf of TowneBank of Currituck,
has requested the attached application be processed under the Express Permit Review
Program, for construction of a commercial bank building with paved parking and covered
drive through. The property is currently owned by Pasquotank County and TowneBank
has an offer to purchase with an 8 July 2011 closing date.
The project site is located at 2 Juniper Trail at the intersection of US Highway 158,
in the Town of Southern Shores adjacent the head of a manmade canal off Jean Guite
Creek which connects into Currituck Sound. The inland waters of Jean Guite Creek and
the adjacent manmade canal are classified as Public Trust Area with the corresponding
designated Coastal Shoreline (30' Public Trust Shoreline) Areas of Environmental Concern
(AECs). The proposed project site is ±1.6 acres (69,701 ft2) and is currently developed
with a medical office building and associated asphalt parking area.
The site has ±3611 of frontage adjacent US 158 on the south side and ±166'
adjacent Juniper Trail on the west side. The aforementioned manmade canal abuts the
north side of the site about midway the property and includes approximately 68' of
shoreline. The eastern half of the site as well as the area immediately adjacent the
manmade canal is heavily vegetated with mixed hardwoods, pines, shrubs and vines. A
portion of this wooded area (791ft2) has been delineated as 404 wetlands by the U. S.
Army Corps of Engineers, and Nationwide Permit Number 18 was issued on 22 June 2011
(under Action ID SAW 2011-00733) to fill this area. The Division of Water Quality
authorized the fill via General Water Quality Certification Number 3821 on 31 May 2011
and assigned it DWQ Project #11-0404. The remainder of the site around the existing
medical office is vegetated with lawn grass and a few ornamental shrubs.
The property is bordered to the north by a commercial office building with paved
parking and is vegetated with lawn grass, ornamental shrubs and several hardwoods. An
undeveloped piece of property heavily vegetated with mixed hardwoods, pines, shrubs and
vines borders the site to the east.
The project site has an existing elevation of ±61 above the normal water level
(NWL). Jean Guite Creek and the associated manmade canal system have been
classified as a Primary Nursery Area (PNA) by the Wildlife Resources Commission. Jean
Guite Creek and the associated manmade canal system have been classified as SC by the
Environmental Management Commission. The area is open to the harvesting of shell
fishing.
Project description
The existing building and asphalt parking area will be removed. The applicant
proposes to construct a ±5,900 ft2 (first floor) bank building on the site with an attached
covered drive throuqh and ATM machine.
TowneBank of Currituck
Dare County
Express Permit Review Program
Page Two
The existing elevation of the property at the new building location will be raised ±5'
for a finished floor elevation of ±12'. A 51-space asphalt and permeable concrete paved
parking lot is also proposed as well as a single driveway connection to Juniper Trail. The
applicant proposes to construct a wastewater system utilizing a standard septic tank and
drain field.
A 5' high retaining wall with associated backfill will be constructed on the north side
of the new parking lot, ATM and drive through teller window. Approximately 45' of the
retaining wall will be located 26' landward of the NWL of the manmade canal.
Approximately 304 ft2 of existing asphalt paving will be removed from within the 30' Coastal
Shoreline Area of Environmental Concern (CS AEC) at this location and restored to
pervious surface. No other work is proposed closer than 30' to the existing manmade
canal.
The total amount of disturbance for the project site is ±1.4 acres (±£0,984 ft2), which
is ±88% of the entire site. The total impervious coverage for the site is ±40,800 ft2 or
58,54%. As proposed, ±429 ft2 of slope and grade activities will take place within the CS
AEC, and the amount of impervious surface in this AEC is zero.
Anticipated impacts
The project as proposed will result in the disturbance of ±60,984 ft2 of uplands as a
result of the construction activities. The project as proposed will result in the placement of
45' of retaining wall and 225 ft2 of earthen fill within the Coastal Shoreline AEC and 30'
Coastal Shoreline Buffer associated with the manmade canal.
David W. Moye - 5 July 2011
Project Narrative
TowneBank of Currituck
Southern Shores Banking Center
June 30, 2011
TowneBank of Currituck is proposing to construct a 9,070 sf Bank with associated parking and utilities on
a 1.60 acre parcel of land located in the northeast quadrant of the intersection of Juniper Trail and U.S.
158.
The proposed site is currently developed as a medical office building with associated improvements. This
office building along with a significant portion of the existing on-site improvements will be removed in
order to facilitate the construction of the new bank.
There is a dead end man-made canal that connects to Jean Guite Creek (part of the Southern Shores
canal system) that comes close to the property line. The canal has a CAMA 30' vegetative buffer
zone/AEC and this buffer extends onto the subject property (see site plan).
There is an existing section 404 pocket (field approved by USACE in February 2011 and JD issued on
6/22/2011) on the property that has been permitted to be filled. This area is not located within a CAMA
AEC. Included are copies of the Nationwide 18 and 401 Water Quality Certification for this activity along
with a 404 map.
Stormwater runoff from proposed impervious surfaces within the TowneBank of Currituck project site will
be collected via curb and gutter along the parking lot periphery and conveyed via storm sewer to a
constructed wetland proposed to be located to the east of the proposed building. Additional storage will
be provided within the subsurface beneath the parking lot. A NCDENR Stormwater Permit will be
acquired prior to issuance of building permits for this site.
Fire service is provided via the existing hydrant located in the northeast quadrant of the intersections of
juniper Trail and U.S. 158. Domestic water service will be provided via an existing water tap served by
Dare County Water Distribution System. The proposed facility will be served by an on-site septic system
proposed to be located on the eastern end of the site. Power will be supplied via Dominion North
Carolina Power.
The work with the AEC that requires CAMA permitting involves construction of a retaining wall and
grading within a portion of the AEC (45 ft long within the AEC). Due to the challenging configuration of
the parcel and safety requirements for the drive-through road proposed, the retaining wall must be
located within the AEC to some extent. No impervious cover is proposed in the buffer. It should be noted
that there is an existing asphalt drive and parking that is within the buffer at this time. This asphalt will be
removed as part of the new plan and the area will again function as a permeable buffer.
Included in this CAMA submission is the following:
• CAMA Major Site plan
• Agent Authorization and Sale Agreement
• CAMA Applications MP-1, MP-2, MP-3
• Letters to Adjacent Riparian Owners and Green Card Receipts
• Deed
• Prior USACE and DWQ Minor Wetland Fill Permits and Map (Wetlands and As-Built)
• Town of Southern Shores Site Plan Approval Letter
• Dare County Health Dept. Site Evaluation for on-site septic
• Proposed Building Elevation Drawing
IMP-1
APPLICATION for
Mayor Development Permit
(last revised 12127106)

North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
Townebank TowneBank Southern Shores
Last Name
Applicant 1: First Name MI
Davis
J. Morgan
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
5806 Harbour View Blvd. Suffolk VA
ZIP Country Phone No. FAX No.
23425 USA 757 - 473 - 2514 ext.
Street Address (if different from above) City State ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Quible & Associates, P.C.
Agent/ Contractor 1: First Name MI Last Name
Brian D Rubino
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
P.O. Drawer 870 Kitty Hawk INC
ZIP Phone No. 1 Phone No. 2
27949 252 - 261 - 3300 ext. 240 ext.
FAX No. Contractor #
252 261 1260
Street Address (if different from above) City State ZIP
8 Juniper Trail Kitty Hawk NC 27949-
Email
[e-mail]
<Form continues on back>
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Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Dare 2 Juniper Trail
Subdivision Name City State Zip
none Southern Shores NC 27949-
Phone No. Lot No. (s) (if many, attach additional page with list)
ext. pin 986720817063, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Man made canal (unnamed); off of Jean Guite Creek
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
?Natural SManmade ?Unknown Albemarle Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work falls within.
Southern Shores
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
68 ft 69,701 sq.ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
one parcel, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) avg 6' ®NHW or ?NWL
e. Vegetation on tract
Acer rubrum, Persea borbonia, Taxodium distichum, Quercus spp., Toxicodendron radicans, Parthenocissus quinquefolia,
Smilax spp.
f. Man-made features and uses now on tract
A single level brick commercial/medical building, asphalt parking, concrete sidewalks
g. Identify and describe the existing land uses Jacent to the proposed project site.
NCDOT right-of-way (US 158), commercial and undeveloped residential
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
General Commercial (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA SSG ?C`:?S Sites i'L?Po: fl't':,?:,vy' L_
12,3111
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
<Form continues on next page>
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Form DCM MP-1 (Page 4 of 5)
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.
On-Site Septic Treatment System
o. Describe existing drinking water supply source.
Dare County Water Department
p. Describe existing storm water management or treatment systems.
none existing
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.
A TowneBank banking facility open to public for daily banking services; private offices
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.
Dump trucks, bull dozers, graders, back hoe. Retaining wall piles will be bored in, driven or jetted. Equipment to be stored
on-site outside of the buffer zone.
d. List all development activities you propose.
Bank facility, driveways, drive-through, asphalt and permeable paving, subsurface stormwater collection and treatment,
stormwater basin and constructed wetland, retaining walls, signage. Only a portion of the proposed retainng wall will lie
within a CAMA AEC. There is no proposed impervious cover within a CAMA AEC and the existing asphalt area that extends
into the AEC at this time (in association with Regional Medical) will be removed and this area of the buffer will be restored to
it's original permeable state.
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? 1.40 ?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>
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Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
6. Additional Information
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 Southern Shores Realty Phone No.
Address P.O. Box 150, Kitty Hawk, NC 27949
Name Vandeventer Black, LLC Phone No.
Address 500 World Trade Center, Norfolk, VA 23510
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.
USACE Nationwide 18 SAW 2011-00733, Pasquotank County,
6/22/2011
401 Water Quality Cert. 11-0404, Pasquotank County,
5/31/2011
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 Enter 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 best of my knowledge.
Date Print Name J. Morgan Davis
Signature 0
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 Other
Channel
NLW Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
(
or Breakwater shoreline
NWL stabilization
Length
Width
Avg. Existing
Depth NA NA
Final Project
Depth NA NA
1. EXCAVATION ® This section not applicable
a. Amount of material to be excavated from 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 (SIB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
d. High-ground excavation in cubic yards.
?CW ?SAV ?SB
?WL ?None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL 0This section not applicable
a. Location of disposal area. b. Dimensions 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
d. (i) Will a disposal area be available for future maintenance?
?Yes ?No ?NA
(ii) If yes, where?
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:
(i) Does the disposal include any area in the water?
?Yes ?No ?NA
(ii) If yes, how much water area is affected?
_,1• ??? _?,?fCx .. $ Gi ?+ _ ... e f/tt ?1^x '- ..? ?: ?ti. ka [a.. 4F.e; ?: "?;-
Form ®CM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ® This section not applicable
(if development is a wood groin, use MP-4 - Structures)
a. 1 ypc V J IVI VIII IC JIaUIiILaIIVI 1.
[]Bulkhead ?Riprap []Breakwater/Sill []Other:
c. Average distance watenaard 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.
D. Lengin:
Width:
d. Maximum distance waterward of NHW or NWL:
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.
4. OTHER FILL ACTIVITIES []This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ?No ?NA b. (i) Will fill material be alaced in coastal wetlands/marsh (CW).
If yes,
(ii) Amount of material to be placed in the water 0
(iii) Dimensions of fill area 791 soft.
(iv) Purpose of fill
general site grading
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (W L)? If any boxes are checked, provide the
number of square feet affected.
[-ICW ?SAV ?SB
ZWL 791 saft []None
(ii) Describe the purpose of the fill in these areas:
791 sq.ft. of 404 wetlands previously permitted through a
Nat 18/ 401 Cert.
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
silt fencing, vegetative stabilization and retaining wall back hoe, excavator
c. (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.
(, 3c? Zc
Date
Project Name
d. (i) Will wetlands be crossed in transporting equipment to project
site? ?Yes ®No ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
?. 9rA G (..ai D>Av (,S
Applicant Name
an
aAK
Applicant Signature
.a.r e,A
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 b. Number of lots or parcels.
proposed. 1
1 Bank Facility; this includes a 45 ft long retaining wall
within the AEC
c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads,
acre). ditches, etc.
0 1.4 acres
e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and to be used for impervious surfaces.
sedimentation control plan at least 30 days before land-disturbing traditional concrete, permeable concrete, asphalt
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: With this Express submission
g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also
be covered by impervious and/or built-upon surfaces, such as require a Stormwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of
or parking. Water Quality for review?
0 ®Yes ?No ?NA
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.
58.54%
(ii) If yes, list the date submitted: With this Express submission
Describe proposed method of sewage disposal.
On-site septic treatment system; See Dare County Health
Dept. Site Evaluation
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, but the stormwater
management design and grading plan are engineered
to capture, treat and store rain water.
k. Have the facilities described in Item (i) received state or local
approval?
SYes ?No ?NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
®Yes ?No ?NA
If yes, attach appropriate documentation.
a n . s. e? neraeea f?e?? r5.vts>a a ft`C
Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Dare County Water Department
n. (i) Will water be impounded? ®Yes ?No ?NA
(ii) If yes, how many acres? 0.07 ac. for stormwater wetland
o. When was the lot(s) platted and recorded?
June1979
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ?No DNA
Date
Project Name
-I-. AA Or, (Ar,/ OAV IS
Applic Name
-??-
Applicant Signature

Quible
Quible & Associates, RC.
P.O. Drawer 870
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Kitty Hawk, NC 2

SINCE 1959 Phone: [phone]
3300
Fax: [phone]
Web: quible.com
PRINCIPALS
Brian D. Rubino, P.G.
Warren D. Eadus, P.G.
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
ASSOCIATES
David A. Deel, P.E.

June 21
2011 Katherine C. Morchello, P.L.S.
, Michael W. Strader, Jr., P.E.
Vandventer Black, LLC
500 World Trade Center
Norfolk, VA 23510
RE: CAMA Major Permitting for Southern Shores TowneBank
2 Juniper Trail, Southern Shores, Dare County, NC
Sir/Madam:
As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division
of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major
Permitting. As depicted on the accompanying site plans and application, the proposed project includes
construction of a new banking facility for TowneBank at 2 Juniper Trail on the corner of Juniper and US
158 (the existing Regional Medical building). The work that requires CAMA Permitting consists of
installation of a retaining wall and associated grading in the 30 ft Area of Environmental
Concern/Vegetative Buffer that is offset from the existing dead end canal (see plan sheet).
Should you have comments to this proposal, please send your written comments to Mr. David Moye, 943
Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of
receipt of this notice.
If you have no objection to the project, please sign and date below and return one copy of this letter to:
Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in
either method within 30 days will be interpreted as no objection.
Sincerely,
Quible and Associates, P.C.
(1, Q 9-e-"
Brian D. Rubino
I have no objection to the project as proposed
I have an objection to the project for reasons stated below
Signature
Date
Quible
Quible & Associates, P.C.
P.O. Drawer 870
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Kitty Hawk NC 2
3300
Phone:[phone]
SINCE 1959 Fax: [phone]
Web: quible.com
PRINCIPALS
Brian D. Rubino, P.G.
Warren D. Eadus, P.G.
CERTIFIED MAIL: RETURN RECEIPT REQUESTED ASSOCIATES
David A. Dee], P.E.
Katherine C. Marchello, P.L.S.
June 21, 2011 Ivllul fuel W. Shuder, Jr, P.E.
Southern Shores Realty Company
P.O. Box 150
Kitty Hawk, NC 27949
RE: CAMA Major Permitting for Southern Shores TowneBank
2 Juniper Trail, Southern Shores, Dare County, NC
Sir/Madam:
As adjacent riparian property owner to the above referenced project, it is required by NCDENR, Division
of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major
Permitting. As depicted on the accompanying site plans and application, the proposed project includes
construction of a new banking facility for TowneBank at 2 Juniper Trail on the corner of Juniper and US
158 (the existing Regional Medical building). The work that requires CAMA Permitting consists of
installation of a retaining wall and associated grading in the 30 ft Area of Environmental
Concern/Vegetative Buffer that is offset from the existing dead end canal (see plan sheet).
Should you have comments to this proposal, please send your written comments to Mr. David Moye, 943
Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of
receipt of this notice.
If you have no objection to the project, please sign and date below and return one copy of this letter to:
Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949. Failure to respond in
either method within 30 days will be interpreted as no objection.
Sincerely,
QCui?ble and Associates, P.C.
Brian D. Rubino
I have no objection to the project as proposed
I have an objection to the project for reasons stated below
Signature
Date
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
1 Article Addressed to:
ITT }iP4 A) S 1 r, PD-" 2PIO
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A. Si y e
A. 4
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B. R eived by (Printed Name) C. Date of Delivery
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D. Is delivery address different tr193 Yes
If YES, enter delivery addrp? ow:
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3. Service Type U
- Ell cerdfled Mail ? Express
Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Miele Number 7007 2680 0002 5929 9732
I (rransfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
¦ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
'n a
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CS15S > D
1
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? Agent
? Addressee
C Dat of Delivery
B. { rin ed Na e
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D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
Y
3. Service Type
43vatiiiedMail ? Bwm.Mail
? Registered ? Return Receipt for merchandise
? Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label) 7007 2680 0002 5929 7264
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
June 30, 2011
RE: Dare County Pin: 986720817063
Southern Shores, Dare County, North Carolina
Current Owner: Pasquotank County
Buyer/ Applicant: TowneBank
As purchaser of the above referenced property, I authorize Quible & Associates, P.C. to act as
agent for the purpose of CAMA Permitting.

Authorized Signature
Name: J. Morgan Davis Date
April 13, 2011
RE: Dare County Pin: 986720817063
Southern Shores, Dare County, North Carolina
Owner: Pasquotank County
As current owner of the above reference property, I authorize Quible & Associates, P.C. to act
as agent for the purpose of environmental permitting, including USACE, DWQ and CAMA
permits if necessary.
Authorized Signature f 1
Name: R. Michael Cox Date
SALES AGREEMENT
THIS AGREEMENT, made this DAY OF DECEMBER, 2010, by and
between PASQUOTANK COUNTY NORTH CAROLINA (hereinafter
collectively referred to as "Seller"), the first party, and TOWNE BANK, a Virginia State
Chartered Bank, having a mailing address of 600 22nd Street, Suite 500, Virginia Beach,
Virginia 23451 (hereinafter referred to as "Buyer"), the second party;
WITNESSETH
That for and in consideration of the mutual promises set forth herein, and other good and
valuable consideration, the receipt of which is hereby acknowledged, Seller agrees to sell and
Buyer agrees to buy, at the price and upon the terms, provisions and conditions hereinafter set
forth, the following described property (hereinafter referred to as the "Property"), to wit:
Being approximately 1.57 acres, more or less, located at 2 Juniper Trail, Southern
Shores, Dare County, North Carolina and being identified as Dare County PIN #
986720817063, same being Tracts 2 and 3 as described in Deed recorded in Book
1353, Page 239, Dare County Registry.
1. Price. The purchase price of the property shall b and shall be paid, as
follows:
Buyer shall submit five percent (5%) of its bid _ as a deposit with the Seller
upon the Seller's proposal to accept the Buyer's offer pursuant to N.C. Gen. Stat. §160A-269.
The deposit shall be paid by delivery of certified funds from the Buyer to the Seller. Five
percent (5%) of the five percent (5%) offer shall be nonrefundable upon the Seller's
proposal to accept Buyer's offer. If the Buyer closes on the subject property as described in
paragraph 5 of this Agreement the deposit shall be credited to the purchase price. In the event
the Buyer determines during the Feasibility Period as described in paragraph 3 of this Agreement
that the property is not suitable for the Buyer's intended purposes, the Buyer shall give the Seller
written notice of its intent to terminate this Agreement and shall be entitled to a full refund of its
deposit minus the non-refundable portion as described hereinabove.
The balance of the purchase price (95%) shall be paid by the Buyer to the Seller at
settlement.
2. Escrow. It is understood and agreed by the parties hereto that all monies deposited
with this Agreement to be applied to the purchase price of the property shall remain in escrow
with the Seller until settlement. If Buyer does not give notice to terminate this Agreement as
provided in Section 1 above or if Buyer defaults under this contract of purchase any deposit
made by Buyer shall be retained by the Seller and Buyer shall not be entitled to any portion of
the deposit.
3. Feasibility Period. This Agreement and all of the Buyer's obligations hereunder are
subject to Buyer's determining, in its' sole discretion, within one hundred twenty (120) days
after the Seller accepts the Buyer's bid and this Agreement has been fully executed, that the
Property is feasible for Buyer's purposes (the "Feasibility Period"). In the event that the
Property is not deemed feasible for Buyer's purposes, for any reason, or no reason, Buyer shall
give written notice thereof within the Feasibility Period. Buyer shall have access to the Property
and the right to perform surveys and tests on the Property during the Feasibility Period. Buyer
agrees that if it terminates this Agreement as provided herein, Buyer will provide to Seller, at no
cost to Seller, copies of all surveys, soil tests and environmental studies prepared by or on behalf
of Buyer with respect to the Property (excluding any proprietary financial projections). The
foregoing information will be provided to the Seller within thirty (30) days after the deposit, less
the non-refundable portion, is refunded to the Buyer.
4. Risk of Loss. The risk of loss or damage by fire or other casualty prior to Settlement
shall be upon the Seller. If the improvements on the Property are destroyed or materially
damaged prior to Settlement, the Buyer shall be entitled to receive, in addition to the Property,
any of the Seller's insurance proceeds payable on account of the damage or destruction
applicable to the Property being purchased.
5. Settlement. Settlement shall be made hereunder at a mutually agreeable place on or
before thirty (30) days after the end of the Feasibility Period (the "Initial Settlement Date");
provided, however, Buyer shall have the right, by written notice to Seller, to extend the
settlement date to a date which is no later than one hundred menty (120) days after acceptance
of this offer by Seller (the "Extended Settlement Date"). Time is of the essence regarding
settlement, and if Buyer does not terminate this contract or close the purchase prior to the
Extended Settlement Date, the entire deposit shall be forfeited by Buyer and neither party shall
have any further liabilities or obligations hereunder. Real estate taxes shall be prorated and
adjusted as of the date of settlement. At settlement, Seller shall deliver to Buyer a deed of
general warranty containing the usual covenants of tile, conveying a good, marketable, insurable
fee simple title to the Property to Buyer free and clear of all liens, defects and encumbrances and
subject only to such covenants, conditions, easements, and un-violated restrictive covenants that
do not materially affect the value of the Property and such other encumbrances as may be
assumed or specifically approved by Buyer. Seller shall pay all owner's association and
governmental assessments, if any, confirmed through the time of Settlement. Possession of the
Property shall be delivered at Settlement. Settlement as used in this Agreement shall be defined
as the purchase and sale of the property at which time title is conveyed from Seller to Buyer.
6. Right to Cure. Notwithstanding anything contained in this Agreement to the
contrary, Seller shall be afforded a reasonable adjournment of settlement (not exceeding sixty
(60) days) to correct any reported title defects, and if after such time Seller is unable to correct
such defects, Buyer shall, at its election, have the right to close the transaction with such defects
in the title to the Property without any abatement of a portion of the purchase price, and if Buyer
shall not so elect to make settlement within fifteen (15) days after written notice from Seller that
Seller is unable to correct such defects, either Buyer or Seller shall be entitled to terminate this
Agreement, and upon such termination all monies paid hereunder by Buyer to Seller and/or
Agent shall be refunded to Buyer, and neither Buyer nor Seller shall have any further rights
against or obligations to either Seller or Buyer, respectively.
lll LIA, v1111t,u OtatGJ 11F1616tc1cu U1 L'c11.111cu 111411, 1ULU111 1Gl:ciPL icqucSlGU, 11u51age prupalu,
addressed to Buyer c/o Morgan Davis, 600 22"d Street, Suite 500, Virginia Beach, Virginia
23451.
8. Inspection. From and after execution of this Agreement, the Buyer and its agents and
representatives shall be entitled to enter upon the property for inspection, soil test, examination
and land use planning. Buyer shall restore any disturbance of the property caused by its acts and
shall hold Seller harmless from and against any and all damages and liability occasioned by any
claim asserted against Seller caused by such examination.
9. Assignment. This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and their respective heirs, devisees, personal representatives, successors and
assigns. This Agreement shall be freely assignable on or after the date hereof by the Buyer
without the written consent of the Seller however, no other assignments of this Agreement may
be made without the Seller's written consent. In the event of an assignment Buyer shall not be
relieved of any obligations provided for hereunder without the written consent of the Seller.
10. Deposit. To the extent permitted by North Carolina General Statutes, the deposit
will be held in an interest bearing account with all interest accruing thereon being held for the
account of Buyer and credited accordingly.
11. Default by the Buyer. The parties agree that, notwithstanding any other provision
of this Agreement, if Buyer defaults in the performance of its obligations hereunder, Seller shall
have, as its sole remedy for Buyer's default, the right to terminate this Agreement and to retain
the deposit as set forth in Paragraph 1.
12. Default by the Seller. If Seller defaults or refuses to consummate the sale of the
property pursuant to this Agreement, the Buyer shall have the right after providing ten (10) days
written notice to Seller in which time Seller may be able to cure any default as its sole and
exclusive remedies, to either (1) terminate this Agreement by giving written notice of the
termination to Seller prior to or at the Settlement, whereupon the Earnest Money Deposit shall be
returned to the Buyer, or (ii) seek specific performance from Seller to consummate the sale of
this Property pursuant to this Agreement.
13. Brokerage Commissions. Seller and Buyer acknowledge and represent that
previously Ed Brooks has acted as a listing agent and Seller's broker ("Broker") concerning the
Property and is the only Broker that either Buyer or Seller has dealt with concerning this
Property. Seller shall be responsible for the payment of all compensation to Broker, if any, if
and when Settlement occurs. Should any other claim for commission be asserted or established,
the party in breach of its representation in this section is hereby expressly agrees to hold the
other harmless with respect to all costs relating thereto to the extent that the breaching party is
shown to have been responsible for the creation of such claim. Such Agreement of each party to
hold the other harmless shall survive the Settlement and any termination of this Agreement.
WITNESS the following signatures and seals:
BUYER (S):
Towne Bank
By:
M gan Davis, Senior Executive
Vice President
Date: / 2 Y? 27
SELLER(S):
PASQUOTANK COgU YTY
?loyd._ - E.. Griffirr III, Chairman
Pasquotank County Board of Commissioners
Date: -
WHEREAS, the parties have heretofore executed a sales
agreement dated December 20, 2010 concerning the purchase and
sale of 1.57 acres located in the Town of. Southern Shores, Dare
County, North Carolina, which sales agreement is incorporated
herein by reference; and
WHEREAS, the parties for good and adequate consideration
have agreed the following shall constitute an addendum to the
above referenced sales agreement:
Notwithstanding any other provisions to the sales agreement
to the contrary, the parties agree as follows:
The Feasibility Period shall be extended from 120 days,
which ends May 11, 2011, for an additional 30 days which ends on
June 10, 2011 and the Settlement Date will be extended to July
8, 2011.
Except as amended, the original sales agreement and all
provisions therein still pertain.
BUYER:
Date: G
SELLER:
Towne Bank
r?
l (SEAL)
Morgan Davis, Senior Executive
Vice President
Date: - Pasguo LSt"in?y
B • (SEAL)
led •- Book: 1363 Papa: 239 Doo Idi 6022997
/1612000 02:13PM Reoeipi E: 19709
o Code: OCD NC Exoia* Tax pd: $0.00
REARA M GRAY, REGISTER OF DEEDS DARE CO, NC
STATE OF NORTH CAROLINA
COUNTY OF DARE
11111111111111111111111111111111111111111111111111111 •,°-';;:;,,.,
QUITCLAIM DEED
Parcel # 026588000, 010364001, 027566008, 005622000, 022799000, 021865006, 021865005,
021865004,017006000
Mail After Recording To: R. Michael
The Twiforc
P.O. Box 9?
This instrument was prepared by: R. 1\
t.h
t THIS QUITCLAIM DEED,
a by and between Regional Medical
hereinafter called Grantor, and the, Cc
Grantee, whose permanent address is I
That said Grantor, for and in consideratiok -,?f thichsurn of e Dollars ($ 10,00) to it in
hand paid, the receipt of which is hereby acknow d s rerni and released and by these
presents does remise, release, convey, and forever q i c unt Grantee, and its successors
and assigns, all right, title, claim and interest land lying and being in Dare County, No Carolina, and more particularly described as follows:
Being the property describe n xhibit A attached hereto and
incorporated herein by reference.
To have and to hold the afo e id o or cel of land and all privileges thereunto
belonging to it, the Grantee, and its s c es r signs, free and discharged from all right,
title, claim or interest of the Cra for or y 11 cla' ng by, through or under the Grantor.
The designation "Grantor" alb'Gj
their successors and assigns, s all in
required by the context.
as used herein shall include said parties and
ingular, plural, masculine, feminine or neuter as
?? ?\ JJ 1
11111111111111111111111111111111111111111111111111111111 "=: ":;,,,..
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of
its Board of Trustees, the day and year first above written.
REGIONAL MEDICAL SERVICES, INC.
By:
(Corporate Seal) z
xi?
ATTEST:
S retary
SEAL-STAMP NORTH CAROLINA, ®4s

I, a Notary Public of th ounty and St to aforesaid, certify that
J v r? . 11ie we ! I p r onally came b fore me this day and
a lcnc owledged that he is Se re of Regio a Medical Services, Inc., a
North Carolina nonprofit corp at' and at y authority duly given and
as the act of the said corporation, a fore ing instrument was signed in
its name by its Pr sident, i
Seale its set and attested by
L. Ale w'If wj- m, its Secretary. Witness my hand and official
stamp or seal, this 2S) da f September, 2000.

My commission expires:
,\/
NORTH CAROLINA
DARE COUNTY
The foregoing certifi te?f1
a Notary Public of Df r,
is certified to be correct.-Tbi
Page shown on th?fg(st pag
COA
J W 4Y7 ....... .
Notary Pu is
to D4
ruihent and this certificate are duly registered at the date and time in the Book and

111111111111111111111111111111111111111111111111111111 •,;„;,;, ,,m
TRACT 4
ATLANTIC TOWNSHIP
Lots 4, 5 and 6, as shown and delineated on that certain
plat entitled "Martin's Point Commercial Lots," prepared by
Professional Land Services, Inc., Registered Surv ors,
which plat is recorded in Plat Cabinet B, Slides 74 an 7 5,
Dare County Registry.
Tracts 4 herein conveyed was acquired by the Granter in
Deed Book 624 Page 727.
TRACT 5
ATLANTIC TOWNSHIP
Beginning at a point in the western mar i or r' g t of way
nt ection of
of U.S.158 Bypass at a point 0ae
Blocks C and D of Section C, Ks shown in
Map Book 2 at page 264, Dare Co thence running
stance of
South 32 degrees 00 minutes 12 a di
114 feet to a point in the ri hence South 27
degrees 14 minutes 10 seconds ance of 180.00
feet along the edge of the riga point; thence
South 22 degrees 23 minutes 59 a distance of
60 feet along the righ f way to a point marking the
Southeast corner of Block o the subdivision referred to
above; thence South 70 degree 4 minutes 00 seconds West a
distance of 500 feet to a nt; h ce North 29 degrees 05
minutes 36 seconds Wesqeee st ce of 250 feet to a point
marking the original locks C and D at their
Western intersect; t No h 42 degrees 18 minutes 06
seconds West a diet cfeet to a point; thence a
course of North 69 minutes 21 seconds East a
distance of 528.07 e t a point marking the point or
place of beginnin
Same being `1 0 'E?lock and a portion of Block C Section
C, Kitty eac own on a map in Book 2, page 264,
of the D r ?o t Registry.
Tract he,,?in convey d was acquired by the Grantor in Deed
Book

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DINE LENGTH BEARING
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LS 2916 S35 45'02'E
L6 22.36 S38'10'26'W
L7 13.59 N44.03'12'W
LB 14A9 N12'12'57'E
L9 39.20 N29'40'38'W
1-10 4.04 N66.40'42'E
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CURVE TABLE
CURVE LENGTH RADIUS ANGEN CHORD CHORD
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ITH15 15 NOT A BOUNDARY 404 MWICTION MAY BE Ra IED LFON FOR A PERIOD NOT t
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW 2011-00733 County: Dare USGS Quad: Kitty Hawk
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Pasquotank County
Address: Attn: Michael Cox
PO Box 39
Elizabeth City, North Carolina
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): The property is located on the northeast
corner of the intersection of US HWY 158 and Juniper Trail, in Southern Shores, Dare County, North Carolina
(Latitude 36.09968, Longitude -75.71903)
Description of projects area and activity: The project involves the filling of approximately 0.02 acres of jurisdictional
wetlands to construct a commercial banking facility and associated parking`
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Josh Pelletier at the Washington Regulatory Field Office, PO Box 1000, Washington, North
Carolina, telephone [phone] .
Corps Regulatory Official :Z?? Date: June 22, 2011
Expiration Date of Verifica ' March 18, 2012
The Wihnington District is ommitted to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at http://re ug latory.usacesurveY com/ to complete the survey
online.
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination. issued. Action ID
Basis of Jurisdictional Determination: The wetlands on this property meet all three criteria as described in the 1987 Corps of
Engineers Wetlands Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement and are a broad
continuum of wetlands associated with the Currituck Sound.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Josh Pelletier, Project Manager,
Washington Regulatory Field Office
PO Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by July 16, 2011.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.
Corps Regulatory Official:
Date June 22, 2011
Expiration Date March 18, 2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Brian Rubino
Quible and Associates
PO Drawer 890
Kitty Hawk, North Carolina 27949
Page 2 of 2
Action ID Number: 2011-00733 County: Dare
Permittee: Pasquotank County, Attn: Michael Cox
Date Verification Issued: June 22, 2011
Project Manager: Josh Pelletier
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

N(}TIFI ` [Tf N OF MNISM TIVI APPEAL Off'"II 7NS.ANL7I'RC)L1 S5 A,N17
A
RE{I1I S
Ck APPkAL
?..
Applicant: Pasquotank County, Attn: Michael Cox File Number: 2011-00733 Date: June 22,
2011
Attached is. See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
S1:t1'1 ION I The_I 6116 ing identities vi?ur ri,,hts`aiid 0"pti6fis, e`,?ardinb;an aulmiinstrative appeal of the above
decision. Additi?nal,intortnati??n maybe f??und at
l?tt,?:% ???? :r?sace:ar l,n1i1/C'EC «;!Pages`re? neaten ils_aspY «r Cux sYe ulations at ;3 CFI Part.31)1.'
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the pen-nit (Standard or LOP) because of certain terms and conditions therein
ou ma
re
uest that
, y
y
q
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
Sl'("1-1ON 11 - RF(1I FS`I- FOR A1'PFAI_ or OB EC I IONS -I ()AN. IN 11 IAM PROFFI'M`D PFRN,'11T
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR OUESTIONS OR INFO RNIATION:
If you have questions regarding this decision and/or the appeal if you only have questions regarding the appeal process you may
process you may contact: also contact:
Josh Pelletier Jason Steele
Washington Regulatory Field Office Administrative Appeals Review Officer
Post Office Box 1000 60 Forsyth Street, SW (Room 9M10)
Atlanta, GA 30303-8801
Washington, NC 27889 404-562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
[Siggnature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Josh Pelletier, Project Manager, Washington
Regulatory Field Office, PO Box 1000, Washington, North Carolina 27889
June 22, 2011
Regulatory Division
Action ID No. SAW-2011-00733
Pasquotank County
Attn: Michael Cox
PO Box 39
Elizabeth City NC 27909
Permit Special Conditions
Your work is authorized by Nationwide Permit 18 provided it is accomplished in
strict accordance with the attached General Conditions and the following Special
Conditions:
a) All work authorized by this permit must be performed in strict compliance
with the submitted plans, which are a part of this permit.
b) In order to compensate for impacts to .02 acres of wetlands the permittee
shall make payment to the Great Dismal Swamp Restoration Bank in the
amount determined sufficient to perform the restoration of .04 acres of
non-riparian wetland in the Pasquotank River Basin, Cataloging Unit
03020105.
c) Construction within jurisdictional areas on the property shall begin
only after the permittee has made full payment to the Great Dismal
Swamp Restoration Bank and provided a copy of the payment
documentation to the Corps, and the Great Dismal Swamp
Restoration Bank has provided written confirmation to the Corps
that it agrees to accept responsibility for the mitigation work.
d) Excavated or fill material shall not be placed in any location or in any
manner so as to impair surface water flow into or out of any wetland area.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Josh Pelletier, Washington Regulatory Field Office, telephone
[phone].
??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor
Pasquotank County
Michael Cox
PO Box 39
Elizabeth City NC 27909
Subject Property: TowneBank Southern Shores
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Cox:
Secretarv
Dare County
DWQ Project #: 11-0404
You have our approval, in accordance with the attached conditions, to impact 0.02 acres
of wetlands or waters for the purpose of constructing a commercial banking facility as
you described in your application dated April 25, 20011. This fill is below the threshold
for,written authorization as long as all conditions of General Water Quality Certification
Number 3821 are met, which may be viewed on our website at
http://h2o.eiir.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your
application except as modified below. 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 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) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
Conditions of Certification:
1. No Impacts Beyond those in Application
North Carolina Division of Water Quality Internet: wwwrcwatergualityorg
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffrmative Action Employer- 50% Recycled/10% Post Consumer Paper
Director
May 31, 2011
NorthCarolina
Naturally
Page 2 of 3
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design; installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
2. Certificate of Completion
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401 /Wetlands Unit of the Division of Water Quality
3. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NCDENR Wetlands Trust Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into the fund. You have 60 days from the
date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the NCDENR Wetlands Trust
Fund to meet the following compensatory mitigation requirement:
Type of
Impact Compensatory Mitigation
Required River and Sub-basin Number
Stream (linear feet)
Wetlands 0.25 (acres) PAS; 03010205
Waters (acres)
Riparian
Buffer (square feet)
Violations of any condition herein set forth may result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal
404 and/or Coastal Area Management Act Permit.
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, 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.
Page 3 of 3
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 Amy Adams at 252-
948-3917 or Ian Mcmillian of the Central Office at 919-807-6364.
Sincerely,
Axy awa'r?
Amy Adams
Environmental Senior Specialist
Surface Water Protection Section
Washington Regional Office
Enclosures: GC 3821
Certificate of Completion
cc: Josh Pellitier USACE Washington Field Office
Ian McMillan, DWQ 401 WBSCAP Unit
DWQ Washington Regional Office File copy
DCM, Elizabeth City
Central Files
Brian Rubino, Quible & Assoc., P.C. PO Drawer 870 Kitty Hawk NC 27949
Kelly Williams, NCEEP
Filename: 11-0404_Townebank_NWC_Approval/aa
` Sau7•?F?
04 s
3 o?
o ?
x
CAROLIWy
June 23, 2011
Town of Southern Shores
5375 N. Virginia Dare Trail, Southern Shores, NC 27949
Phone [phone] / Fax [phone]
[e-mail]
www.southernshores-nc.gov
J. Morgan Davis
President and Chief Banking Officer
600 22nd Street, Suite 500
Virginia Beach, VA 23451
Re: Site Plan Approval
Dear Mr. Davis:
This letter serves as official notification that on Tuesday, June 21, 2011 the Southern
Shores Town Council approved the site plan for a TowneBank of Currituck to be located
at 2 Juniper Trail (Dare County parcel number 022799777). The Town Council
unanimously (5-0) approved the site plan with the following conditions:
1. Removal of the raised median at the entrance.
2. Adjustment, as needed of the landscaping plan to assure that the view of traffic is
not obstructed.
3. Prior to issuance of a building permit, evidence shall be presented to the Town
showing satisfaction of all appropriate State and Federal permits, including but
not limited to:
a. NCDOT driveway permit and/or encroachment application for work in a
State right-of-way.
b. State soil erosion and sedimentation control plan approval.
c. State stormwater plan approval.
d. State or Town CAMA permit.
e. Receipts for payment of water connection fee, Dare County regional water
system.
f. Septic tank approval by the Dare County Department of Environmental
Health or other appropriate permitting agencies.
4. Per the provisions of Section 36-297, (a),.(2),(3), and (4) of the Town Zoning
Ordinance, approval of this application shall be null and void if:
a. No building permit for the principal structure is issued within one hundred
and eighty (180) days from the date of final approval of the site plan by
Town Council; and,
b. The start of construction has not commenced within 180 days from the
date of issuance of the building permit or if after commencement work is
discontinued for a period of 12 months; or,
c. The work authorized by the building permit issued is not prosecuted to
completion within 18 months of the date of issuance of the building
permit.
The term of this approval, and the term of any other permit subsequently issued
by the Town, shall be governed by the provisions of the NC Permit Extension Act
of 2009 as amended [S.L. 2010-177].
5. That the applicant must strictly abide by all requirements of the Town Zoning
Ordinance (parking and landscaping requirements, lot coverage restriction,
building height, etc.) and must also strictly comply with all other applicable local,
State, and Federal requirements.
Should you have any questions or concerns, feel free to contact me at [phone] or
[e-mail].
rel
Sin w
y,
Wes Haskett
Town Planner/Code Enforcement Officer
Town of Southern Shores
Cc: Peter Rascoe, Town Manager
Randy Keaton, Pasquotank County Manager
David A. Deel, P.E.
I LOL't`F I OIL 1 $ 1 / 'I
-?Y op
...? ' 'COUNTY OF DARE
• • Department of Public Health
1000, Manteo, North Carolina 27964
R0, Box 1
CNLP .O. Buxton North Carolina 27920
Anne B. Thomas
Director
MEMORANDUM
[phone]
fax [phone]
TO: Quible and Associates P.C.
PO Drawer 870
KITTY HAWK NC 27949
FROM, Elizabeth Morey, Environmental Health Specialist [phone]
DATE: 02/15/2011
RE: SO/SH COMMERCIAL * Lot: 1 Blk: Sec:
Parcel N1022799000 PIN I\ 986720817063 District: 20
Memo Details:
1. The above referenced lot was evaluated based on the proposed site plan submitted with the
application dated 2/10/11 and found to be provisionally suitable for a septic system.
2. The area designated for the septic system will need to be re-checked after clearing and leveling to
determine the amount of fill needed, if any.
3. A 1000 gallon septic tank and at least 250 feet of drainfield. in a bed system or its equivalent is
required for the proposed use of a bank with 20 employees at 25 gpd.
4. The wetlands designated to be filled must be completed prior to system construction.
5. Setbacks to wet stormwater retention area is 50 ft. You must maintain 50 foot setback to any well,
Please contact our office when clearing and leveling is completed in the designated septic area.
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