20061909 Ver 2_CAMA Application_20070621

,~F'~~ ol~-Iao q v2
____.
NCDENR ~ ~3 ~- ~
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
June 19, 2007
MEMORANDUM:
TO: Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Skyco Development Company, LLC
Q~c~~oe~~
JUN 2 1 2001
UENH - VVAT>=t~ OiJALITY
WETLANDS AND STORlfiMATER BRANCH
West side of highway NC 345, in the Skyco community on Roanoke
Island, Dare County
Excavate new canal/basin system; construct docking for 46 boats
fora 46-lot planned residential subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 07110/07, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Frank Jennings at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
7 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

MAJOR PERMIT FEE MATRIX
Applicant: S k~yCO ~e~la~MC:ti ~" Ca'"/'~NI' , L L. C
Selection Development Type Fee DCM % DWQ
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private, non-commercial
development that does not $250 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or o en water areas:
II. Public or commercial
development that does not $400 100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or o en water areas:
-III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below a lies:
III(A). Private, non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be a lied:
III(B). Public or commercial
development, if General $400 100% ($400) 0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be a lied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
a uatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3490 (see attached) cannot
be a lied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Skyco Development Company, LLC
2. LOCATION OF PROJECT SITE: west side of NC 345, Skyco, 8/10 mile south of
intersection of US 64/264 and NC 345, Roanoke Island, Dare County and adjacent to the
Croatan Sound.
Photo Index - 2006: 182-7237 (L-20) 2000: 182-2156 (M-5)
1995:182-1879 (K-11) 1989: 153-11 (R-9) 1984: 141-1568 (F-20)
State Plane Coordinates - X: 2988900 Y: 790700 Manteo Quad - LL
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/08/06, 06/07/07
Was Applicant Present -Yes
5. PROCESSING PROCEDURE: Application Received Complete - 06/ 12/07
Office -Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Dare County
Land Classification From LUP -Conservation and Community
(B) AEC(s) Involved: PTA, EW, ES and CW
(C) Water Dependent: Yes
(D) Intended Use: Private, Residential subdivision
(E) Wastewater Treatment: Existing -None
Planned - 46 individual single-family septic drainfield systems
(F) Type of Structures: Existing - No existing structures - 3 canals
Planned -Excavation for canal/basin, docking for 46 boats,
roadway
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: AREA
nRF.I~(~TF.I~ SHADED DISTURBED
(A) CW, wetlands, ES 2,472 sf 800 sf

B U land ES s
4 800 sf s
C U land 107,659 sf 800,875 sf
{D PTA EW Canal Waters 20,000 sf
E 404 wetlands ES 689 sf
(F) Total Area Disturbed: 1,092,211 sf (25.073 acres)
(G) Primary Nursery Area: No
(H) Water Classification: SA Open: Yes

Field Investigation Report: Skyco Development Company, LLC
Page 2
8. PROJECT SUMMARY: The applicant proposes to excavate a new canal and basin system,
construct docking for 46 boats fora 46-lot planned residential subdivision.
Project Setting
The site of the proposed development is a 171-acre tract located on the west side of highway NC 345,
in the Skyco community, on Roanoke Island, Dare County and adjacent to the Croatan Sound. The
property has an area of approximately 25 acres of uplands and the remainder of the property is a
Juncus roemerianus salt marsh wetland that reaches the Croatan Sound to the west. The upland area is
currently used as a spoil site for a project the NC Division of Water Resources initiated which was
authorized by CAMA Major Permit #106-04. This area has an elevation of approximately 7 feet and
has sandy soils/spoil materials. The applicant is in the process of removing the spoil material and
grading and leveling the disturbed area.
The salt marsh is approximately 1,200 feet wide at its narrowest point and occupies approximately 146
acres of the property. There are three existing mosquito canals on the property that run from the
Croatan Sound almost to the upland area. The existing canals are approximately 40 feet wide with
water depths ranging from 5 feet to 7 feet in the center and 1 foot to 3 feet near shore. A ditch system
with water depths of -1 to -3 feet located off the southern most canal follows along the southern side of
the upland area but is not part of this project.
The adjacent riparian property to the south of the property is a tract of salt marsh with upland located
on the east side near the State highway. The adjacent riparian property to the north is a private
residence with a canal and shoreline riparian adjacent to Ashbey Harbor on the Croatan Sound.
The waters of the Croatan Sound in this area are classified as SA by the Division of Environmental
Management and are open to shellfish taking.
Development Proposal
The applicant proposes to create a 46-lot, single-family residential subdivision with duect water access
and 46 boat moorings within a new canal/basin area. In order to provide direct water .access, the
applicant proposes to connect two existing mosquito canals to the upland area by excavation. The
northern canal cut is approximately 35 feet wide and 30 feet long and impacts approximately 163
square feet (sf) of Coastal Wetlands (CW) and 852 sf of 404 wetlands. The middle canal cut is
approximately 25 feet wide and 136 feet long and impacts approximately 2,309 sf of CW. No work is
proposed for the southern canal. The proposed final depth of the cuts is -5 feet below Normal Water
Level (NWL). The proposed main canal/basin area which will function as a private residential marina
for 46 boats will be "J" shaped, dug out of uplands and follow the edge of the adjacent wetland areas.
The proposed main canal will be approximately 2,409 feet long, an average of 46 feet wide with a
water depth of -5 feet at NWL and will connect to two of the three existing mosquito canals with the
new cuts.

Field Investigation Report: Skyco Development Company, LLC
Page 3
The applicant proposes to excavate the main canal first and cut connections to the existing canals to
minimize short-term turbidity.
In order to provide docking for each of the 461ots, the applicant proposes to construct a 6-foot wide
and 3,463-foot long shoreline dock in the main canal adjacent to the upland area along the north
shoreline of the proposed basin and along the south shoreline of the proposed basin.
The applicant indicates that the maximum boat size would be 40 feet with a typical size of 25 feet.
The upland development associated with the proposed subdivision consists of 66,253 sf of asphalt
roadway and 15,804 sf of paved walkway, which are part of a total area disturbance of approximately
24.9 acres.
Anticipated Impacts
The proposed cuts for the two existing canals will result in the excavation of approximately 2,472 sf of
CW and 689 sf of 404 wetlands in the Estuarine Shoreline (ES) Areas of Environmental Concern
(AEC) and 716 sf of uplands located with the ES AEC. The construction of the main canal will result
in the excavation of approximately 112,459 square feet of uplands of which approximately 4,800 sf are
located within the ES AEC at the north canal. The connecting cuts for the two existing canals will
result in approximately 780 cubic yards of material being removed from an elevation below NWL.
The cut for the main canal will result in approximately 20,631 cubic yards of material being removed
from an elevation below NWL.
All excavated material will be stored on site and mixed with the existing soils on site.
The proposed 6-foot wide residential marina dock will shade approximately 20,000 sf of Public Trust
Area (PTA) and Estuarine Waters (EW) AECs that are created by the excavation of main canal and 800
sf of CW along the south shoreline.
This development proposal does not include the construction of any single-family dwellings; however,
it is anticipated that 46 septic drain fields, that is one for each house, will be installed on this property.
Boating access will be enhanced and more boating activity will occur. While the plan depicts 46 slips,
there is a capacity to dock more vessels.
The proposal, which includes two connections to Croatan Sound, will more likely have better water
exchange by virtue of the two connections than a proposal with one connection.
Temporary water turbidity should occur during construction.
The increase of boat traffic in the area will affect the existing canal shoreline by wake erosion.

both canals.
Field Investigation Report: Skyco Development Company, LLC
Page 4
The project will result in an increase of jurisdictional PTA and EW AECs of 115,620 sf.
Submitted by: Frank A. Jennings, III
Date: 06/ 14/2007

~ 6Zuible
6~uible & Associates, P.C.
' ENGINEERING • ENVIRONMEMAL SCIENCES • PLANNING • SURVEYING
SINCE 7959

TRANSMITTAL - "`^ ~~'
~ ._,',
June 4, 2007 :.__;;,_ ;
To: Frank Jennings, NC Division of Coastal Management
From: Brian Rubino, Quible & Associates, P.C.
RE: Skyco Development, LLC
Ashbee Harbor Club
1
Mr. Jennings:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone;252-261-3300
fax:[phone]
PRINCIPALS
Sean C. Boyls, P.E.
Joseph S. Lassttec C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
Enclosed are 26 copies of the revised CAMA Major Application Package for the Skyco
Development, LLC project on Roanoke Island, referred to as Ashbee Harbor Club. This
information is being submitted to your attention for distribution to the DCM Central Office
and subsequent distribution to all pertinent State and Federal Permitting agencies.
The project as currently proposed addresses concerns of review agencies from prior
submissions by further minimizing natural resource impacts.
Enclosures include:
• Project Narrative
• Site Plan Sheets 1-3, revision date 5-30-07
• CAMA Application MP-1, MP-2, MP-3 and MP-4
• Hydrodynamic Model Simulations by ENSR, dated 4-24-07
• Biological Investigation for Shellfish by NCDMF, dated 7-24-06
• Letters to Adjacent Riparian Owners and Certified Mail Receipts
• Property Deed
• Agent Authorization Letter
• $400 processing fee check
Thanks for your attention to this project. You can reach me at [phone] if you
have any questions regarding this matter.
Respectfully Submitted,
Quible & Associates, P.C.
~~~
Brian Rubino
CC: John Robbins

1
1

~~ ~i~oq v2
CAMA MAJOR PROJEC?
NARRATIVE
ASHBEE HARBOR CLUB
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
SKYCO DEVELOPMENT COMPANY, LLC
ONE SAILFISH DRIVE, MANTEO, NC 27954
DATE: MAY 1 O, 2007
1

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

This permit application invoh~es the development of a 46 homesite boating oriented
community. "Ashbee harbor Club'". The project includes an upland marina connected to the
Croatan Sound via existing canals. In the following sections, we will describe in more detail
the current proposed project as well as many technical aspects associated with this project.
The Site
Existint; Conditions
The subject property is a 171 acre tract located on the Croatan Sound and is accessible by NC
345 in Skyco, on Roanoke Island, Dare County, North Carolina. The project area (proposed
development area> is a 33.6 acre section within the subject tract. Sheet l depicts the entire tract.
' Sheet 2 focuses on the proposed development area. Identified on Sheet l are three canals/
creeks that have historically been permitted to he dredged and provide a consistent water depth
of -5 ft, based on normal water level (nwl). For the purpose of this application package, the
canals are referred to as Existing Canal A, B, and C, respectively. The upland portion of the
property has been the location of a NC Division of Water Resources (DWR) dredge spoil
' retention location. The State has deposited dredge spoils from Federal navigation channels in
Shallowbag Bay and the
Roanoke Sound. The spoil
material that has been pumped
and dewatered on site is sand
dominated. A wetland
delineation of the site.
perforn~ed by Quible & -
~=
Associates, P.C. (Quible), has _ _ - -- _ ~- -;--~- . ~-~~ - • __ .
been confirn~ed by the US - . - --_ _~_~~.,.-~.--._ -
~_
--~-°~
:1rmy Corps of ingincers _ - -"~-- _ ~= '`'"" -
- ~ ;- ~
1 l !SAGE) on March 29, 2004. - • '~~ ~~_, # .
I•he majority of the Section ~;,~ y~~~ '~ ~ ~ _,' ~'` _
J ../ 3. _ -
404 wetlands on the sub~ect ~ ,-~~.~~~", ~ r ~ - s
.l
i¢s/fir ~ n ~ _ ~ tom-. ~.
' tract are c d, td e.iland. ~l ~>, t.~ .~-~~;
r f ~ 3 fi _.
identified by NC Division ol~ ~~ `~ ;~ ~ - - 1~ ~ ~, q ~ ~~ `~`~ - `~-__
Coastal Management (I~CM1.
Current vie~~ of the prc-pert~ looking west.
PAGE 2

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
History of the Site
Commercial uses of the proposed development area included the establishment of the Dare
County's first airport and a thriving shipping port on the shores. Over the course of several
generations, the land and the surrounding waters have been farmed and fished extensively.
Today. Sk_yco is a village of low density residential houses.

w 3~ s.~~~.s 3 ~~ --. -.+~ _ _. .. _ _ _
t ~
_...
_
~
~
.
.
-_..i
-.. mac. -. - - - ,.- • yR ..
.,~.. Lam...
_ -. :~.
~,{
e '
C~ ~ r
h,, i.
~fhe eaters of the Croatan Sound adjacent to the property are referred to as Ashbee }Iarbor.
The name Ashbee I Iarbor is derived from a former prominent land owner, Solomon Ashbee.
ith his death in the early 1800's, his wife sold a large portion of the sound to sound tract to
Marcus Lafayette Midgett who relocated here from Bodie Island and Stwnpy Point. A partner
' in the project, Johnnie M. Robbins .I r., is Mr. Midgett's great, great grandson. Mr. Robbins'
mother resides across the street from the property in her grandparents' home. .lohnnie Kobbins
' lives on the parcel immediately adjacent to the proposed project. The Robbins' family history
is tied to this land.
1 Marcus Lafayette Midgett's tract included portions of the. currently proposed project. His land
included access tc~ 11o«~ard's Creek (Existing ('anal i1), and Charles Creek (the Existing Canal
PAGE 3

' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
('). Charles, far whom the canal is named, was Marcus' eldest son.
:As the Midgett family grew, land was subdivided amongst the children. All of the landowners
maintained the existing "ditches or creeks" in order to keep their boats. Aline Midgett, Marcus
L.afayette's great granddaughter, states:
"Uncle Charles could get to a ditch that would come to his place. Everyone had a ditch
' through the marsh to get to the sound and their nets because that was their living fishing
and farming. Marcus" son, Louis Napolean was the big farmer in the family. Louis
Napoleon had the farm in front of the Blivens' that runs out to the present highway.
' "phis farm was worked by his children: my father, Marcus Lafayette Midgett, and his
hrother, Leo. They farmed this property, it was their living, and they maintained a
subsistence lifestyle. There was a canning house, milk house, cattle, smoke house, and
fishing. It (the property) was their everything: fruit trees, nut trees, fig trees, grape
vines, product all year. Fall of the year was occupied by fishing: salt fish, smoke fish,
' herring roe, and dnirn. Also, oysters were caught in the fall of the year and dumped by
the cartload in the shade. These oysters were Batten from the oyster beds located to the
south of Skyco nearer the saltier waters of Oregon Inlet, on the other side of the
' Iloanake Marshes, and Broad Creek. The most productive bars were dawn south of
Wanchese, and in the waters of Broad Creek. They never took oysters in Ashbee
i 1 larbor or the ditches connecting to the property, because there were none."
PAGE 4
Late 1930's view of airport which occupied the site.

0

[1

u

0

i
CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
During the Depression, Dare County took over the use of the property and established the first
airport on Roanoke Island. The County paid the taxes on the land, but the family maintained
ownership. The County allowed the National Park Service to developed two runways on the
property. With the airport's relocation from the property, trees began to reclaim the land and a
few residences were built.
Beginning in the winter of 2004, DWR utilized the site as a dredge spoil retention location. As
mentioned above, the state deposited dredge spoils from Federal navigation channels in
Shallowbag Bay and the Roanoke Sound. Presently, the soils on the site are being mitigated,
and grading is proceeding.
Description of the Proposed Project
Ashbee Harbor is aproposed-boating oriented community with 46 individual homesites. The
proposed project involves the creation of an upland basin for a maximum of 46 boat slips that is
consistent with CAMA's rules and regulations regarding "Marina Development." A
preliminary design was completed in the spring of 2007 and a scoping meeting with the various
permitting agencies was held at the CAMA regional office in Washington, NC on March 13`h
At the before mentioned meeting with the various permitting agencies many issues were
discussed and concerns about some of the issues were expressed by various representatives at
the meeting. As a result of that meeting, the scope of the project, including the reduction of
coastal wetland impacts and size of the marina basin, has been greatly reduced. Many of the
revisions to the project are described in greater detail below.
PAGE 5

>. ~
~' w

a
c d
E
0
v

0
a
0
L
a
0
c
c~
c
L

CC

6r
L

~~
C'

0

C

0
ii

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
Natural Resource Impacts
During the scoping meeting, permitting agencies identified several concerns regarding natural
resource impacts that should be minimized. Thus, as a result of the agencies' concerns, the
project has been designed accordingly to minimize potential impacts:
• Reduction in canal length by approximately 7001inear feet. This reduction is proposed
to enhance flushing.
• Lot owners without water frontage will have access to the basin areas and boat slips by
designated easements.
• Installation of bulkhead on the landward side of the canals to alleviate agency concerns
of side slope sluffing and associated turbidity.
• Removal of the 6-foot wide, 888 linear foot boardwalk that covers (partially shades)
5,128 square feet of jurisdictional wetlands.
• Impacts to jurisdictional wetlands will be mitigated by an on-site creation of wetlands at
a 2:1 disturbance to impact ratio, or in-lieu impact fees to be paid to NC Ecosystem
Enhancement Program (NCEEP).
• Impacts to jurisdictional wetlands will be limited to conversion of wetlands to public
trust waters and minor shading. There will be no wetland filling.
• A grading plan has been developed to avoid stormwater runoff to surface waters and
coastal wetlands. Stormwater will be collected and treated in green areas (infiltration
basins) in the center of the property.
• The density of the project was reduced from 50 to 46 homesites.
Zoning and Land Use Planning
In November 2006, the development by the Dare County Planning Board was found to be
consistent with Dare County's R-1 zoning requirement and land use plan. R-1 zoning is one of
the most restrictive zoning classifications in the county and primarily limited to low-density
residential development.
PAGE 7

7

r

0

ii
0

n
u
ii

i

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
Low Density Certification
The project will not to exceed 25% impervious lot coverage, and Low Density Certification has
been applied for. See Sheet 2 for more detailed information on calculations and individual lot
coverages.
Stormwater/Grading Plan
An innovative Stormwater/grading plan has been designed for the project. The plan captures all
the stormwater from the perimeter of the property (highest elevations of the project) and directs
the stormwater inward to a series of road side swales. These swales will then direct the water
into infiltration basins located closer to HWY 345 on eastern portions of the property. This
system of swales will allow the water to travel a greater distance, allowing sediment and
pollutants to be removed from the water and allowing for the infiltration of the stonmwater. In
high rain events when overflow might occur, a swale system will direct the overflow of pre-
treated Stormwater to the surrounding 404 wetlands. The filtered water will have to meander a
great distance through the surrounding marsh to reach the waters of Ashbee Harbor.
The Marina
Description of the Marina
Vital to the proposed community is the marina. This project is called a "marina" due to CAMA
regulations stating:
"...a marina is any publicly or privately owned dock, basin or wet boat storage facility
built to accommodate more than 10 boats and providing permanent or temporary
docking space, dry stack storage, haul-out facilities or repair services."
However, this project only includes an upland basinlcanal to provide boating access to the
Croatan Sound for the community's 46 property owners. The only associated active marina
RAGE 8

0
' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
service is a proposed pump-out station. There will be no fueling facilities, haul-out or repair
service areas, concentration of boats, and transient slips typically associated with a "marina".
However, a Spill Prevention Control and Countermeasures Plan will be adopted for safe marina
practices due to the operation of powered vessels.

Marina Impacts
' After consulting with the various permitting agencies in a Scoping Meeting held on March 13,
2007, we have included the following items specific to the design of the marina:
• Restrictive Covenants limiting total boat slips to 1 slip per residential lot in the
subdivision (46 slips),
• Implementation of a No Wake Zone throughout the natural canals and the proposed
' upland basin areas (No Wake signs to be posted),
• Addition of a Pumpout Station for boats within the basin,
' • No on-site fuel pumps (can be included in restrictive covenants if necessary),
• Allowed uses limited to residential; historical uses have included residential,
' agricultural, industrial (dredge spoil containment) and commercial (airport),
• Marina to be managed by a Home Owners' Association, and
' • Channel markers in Canals A and B, at least every 2501inear feet with red and green
high visibility reflective tape.
Siting and Design of the Marina
' In the siting of the proposed marina, all efforts were made to minimize alteration of shorelines
and wetlands, and other natural resource impacts. Further, state and federal regulations dictated
all aspects of the design.
Supporting the siting of the proposed marina, 15A NCAC 07H. 0208 (b)(5)(A) states:
"Marinas shall be sited in non-wetland areas or in deep waters (areas not requiring
PAGE 9

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
dredging) and shall not disturb valuable shallow water, submerged aquatic vegetation,
and wetland habitats, except for dredging necessary to access high-ground sites. The
four alternatives for siting marinas are listed in the order of preference for the least
damaging alternative alterative; marina projects shall be designed to have the highest of
these four priorities that is deemed feasible by the permit letting agency."
"I'he proposed marina is unable to meet the first alternative, a marina "requiring no alteration of
wetland or estuarine habitat." }-}owever, the proposed marina is able to meet the siting
requirements for the alternative that is given second highest preference:
" an upland basin site requiring dredging for access when the necessary dredging and
operation of the marina will not result in the significant degradation of existing fishery.
shellfish, or wetland resources and the basin design shall provide adequate flushing by
tidal or wind generated water circulation."
,, ~ ~~,; '- ,, :, "The proposed marina includes
~ `~ '~ y ~ '.F _ the excavation of ?.6 upland
` ~ , • ~~.~-~ ~= ~. ~ ~ acres and includes 2,409 feet of
ti ~
,~ , ~ t ~ _ ~~~~~ ~ '1 £_ ~ it ' linear canals that are to serve as
.,
r t~~ `~~ t~ ~_~~ ~;s'- ; ' ~ =•` -~ T ~ ° ~ the boat basin. No further
t " ,, ~ ~ ~ ~;. , .
~~ _~~ _ ~,~ -~ - t~~ t -_ .: wetlands are proposed to be
~.~- • ~~
y f ~ ti` ;
~T .~ ':4
_ >,'~1~ ~ ~~_ ~`F , ~~.--~ excavated or impacted by the
__ ~~ t ,
F ~~_ ~ ~ ' ~~ ,°-~,~ '~ ? ,~,~; : marina basin. The waters
_ ~ ~ ~~~ .~
~= .~•.: ~ ~~~ ~;~ ~ ~ adjacent to the proposed project
" ~ ~'~ g ~ E~, 'r~~~ in Ashbee Harbor and the
~ ~-~
'~"~;.~ `` , ,y ~ `_ ~~ surrounding Croatan Sound are
~°'~ ~ "~~`~ ..~ deep water and do not require
.ti
dredging; thus, valuable
~._ shallow water habitats will
remain undisturbed. The only
Vie~~ of "Canal Connection A" dredging of_jurisdictional
waters that is proposed is the
excavation of 3, I61 sq.ft. of total Section 404 wetlands, including 2,472 sq.ft. of coastal
wetlands and 689 sq.ft. of non-coastal (non-riparian) wetlands. "these wetland areas will be
converted to public trust waters for access to the high ground site of the proposed marina.
PAGE 1 O

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

t~= _~ ~ , -~ After listening to the comments
~, . t ~ ~ " during the scoping meeting
~~ ~ ~ ~` ~'~_ canal cuts are limited to "Canal
l ~ r
~~ ~4' ~ _
~~~ t' j_ ~ ` , ~ k~~ 5 ~ ~ ;~i-# ~t ~ A" and "Canal B'". Canal C has
°G r ~~ `~; ~~~~ ~ ; ' w 1 • ,r F~ -~': >; ~ been eliminated. The cuts at
,t ~`
' ~ ~ 's~ ' ~ ~- ~,'' ~ these locations were designed to
~ ~ ~ =t f` ~_ t ,~, minimize the impacts of the
~ ,~~,` i ~. ~ ~ ~r ,. ~ ~ dredging necessary. At Canal
~ ' ~~~ ~_ _
~'# ~ ~~ r° `~~ ~ ~~ y~,~~= A only 163 sq. ft. of coastal
.~~.'.a~" ~~ - ~ u;; s wetlands are to be dredged, and
,.
' ;~;'~ ~~ ,~ ~ ~ ~ ° at Canal B 2,309 sq ft of coastal
~ '~)`'~.~ r'~ =~.~ ~'~ ~,= wetlands are proposed to be
~~~~ ;~~~" dredged. At Canal B, to reduce
' the impact and as suggested by
View of "Canal Cc-nncction I3" the permitting agencies, we
' propose a low profile bulkhead
on both edges of the wetland
cut. This bulkhead will protect the existing marsh fringe from erosion while allowing the
normal tidal flooding of the area that is necessary for the marsh to maintain its characteristics.
1~he navigable channel/bulkheaded cut is 25' x 121'. A channel less than 2.5' would be a
' navigational hazard. Prior to this current proposal as presented at the March 13, 2007 scoping
meeting, three canal cuts were proposed impacting 8,523 sq.ft. of coastal wetlands.
"two connections are critical
for egress and ingress for safety
reasons and for flushing (a
flushing model has been
developed and will be
discussed in detail later in this
document). The existing canals
have natural curves and arc
bordered by tall grasses, mainly
black needle rush (Jur7cus
romE~riui~u.c), marsh hay
(Sj~artinu pulc~rts~) and some
giant cordgrass (.Spurli~au
ul~entiflor-u). Visually, these
tall grasses n--ake navigating
PAGE 1 1
View of limited navigational width "Canal A"

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

the canals difficult and because
of• their width, the canals only
allow one ~~~av boat traffic.
1 hus, two points of access are
required. Canal A will be
dedicated for boats coming into
the marina and Canal 13 will he
dedicated for boat traffic leaving
the marina.
The depth, -5' nwl. of the
proposed basin is not deeper
than the connecting channel
depths and the waters that they
View of limited navigational width "Canal B" connect to. With the canals
designed to reduce future
dredging needs, future dredging needs are not to be expected. But, on-site areas have been
identified to accommodate disposal needs for future dredging if they arise.
In addition to the pulnpout station
throughout the marina, notices
will be posted prohibiting the
discharge of any waste from boat
toilets and explaining the
availability of infol7nation on the
pump-out.

~1'he marina will only provide
dockage for the 46 residential
land owners. Managed by the
homeowner's association, the
marina's regulations will only
permit one boat per lot. Further,
' there will be no transient slips.
The maximum number of boats in
the lllar111a wlll he lllTllled to 46.

PAGE 12
View of limited navigational view "Canal A" due to
tall grasses and winding canal.

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

0

r

ii

In closing, it should be clear that there is a need for the preferred alternative (the original
proposed 3 canal cuts to promote flushing and access to the open water). The scope of the
proposed project has never-the-less been greatly reduced from the originally proposed for
natural resource impact minimization reasons. With the limitation of the canal cuts to Canal A
and B, the removal of coastal marsh has been minimized to only 2,472 sq.ft. These impacts
have been reduced from earlier impacts totaling 8,523 sq.ft. Two canal connections are
required for navigational safety and flushing. It is very important to note that the proposed
upland marina does not require any further excavation of wetlands. The only wetlands proposed
to be impacted are for the canal cuts. In the design of this project, every effort has been made
to minimize the natural resource impacts of the proposed marina.
Canal Flushing
Two hydrodynamic model simulations were performed by ENSR, a leading worldwide
environmental services firm, to describe the flushing characteristics of the two canal
co~gurations proposed:
Disconnection of Canal C from the main horseshoe-shaped canal and a shortening of the
western extent of the horseshoe-shaped canal by 700 feet. (2 connections)
2. Disconnection of Canal B and Canal C from the main horseshoe-shaped canal and a
shortening of the western extent of the horseshoe-shaped canal by 700 feet. (1
connection)
Used in the hydrodynamic simulations were bathymetry, summertime wind conditions, and the
tidally varying water elevation boundary. The results of the two-canal and single-canal
configuration are illustrated in Figures 1 and 2, respectively.
ENSR findings state:
"The results of the two-canal configuration, illustrated in Figure 1, indicate that flushing
is generally good. This is particulazly true in the area of, and to the west of, Canal B.
Enhanced flushing in this part of the main canal is due to increased water movement
into the main canal from Canal B, in the two-canal configuration. The flushing
simulation for the two-canal configuration indicates favorable results (Figure 1) in that a
maximum of only 3% of the original concentration is predicted to remain in the main
canal after 10 days of simulation time."
PAGE 1 ~

ii

1

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
In regards to the single canal system, ENSR's reports:
"The results of the single-canal configuration, illustrated in Figure 1, indicate that
flushing is generally poor. This is particularly true in the western portion of the main
canal, as it extends away from the confluence with Canal A. The flushing simulation for
the single-canal configuration indicates that a maximum of 53% of the original
concentration is predicted to remain in the main canal after 10 days of simulation time."
In closing, ENSR states:
"The two hydrodynamic model simulations indicate that flushing is generally poor in
the single-canal configuration and generally good in the enhanced two-canal
configuration."
Shellfish, Saltwater (S) Waters, and Water Quality
Harvestable Resources
CAMA regulation l SANCAC 07H.0208 (b)(5)(E) states:
"To protect water quality shellfishing areas, marinas shall not be located within the
areas where shellfishing harvesting for human consumption is a significant existing use
or adjacent to such areas if shellfish harvest closure is anticipated to result from the
location of the marina. In compliance with Section 101(a)(2) of the Clean Water Act
and North Carolina Water Quality Standards adopted pursuant to that section, shellfish
harvesting is a significant existing use if it can be established that shellfish have been
regularly harvested for human consumption since November 28, 1975 or that shellfish
apparently are propagating and surviving in a biologically suitable habitat and are
available and suitable for harvesting for the purpose of human consumption. The
Division of Marine Fisheries shall be consulted regarding the significance of shellfish
harvest as an existing use and the magnitude of the quantities of shellfish which have
been harvested or are available for the harvest in the area where harvest will be affected
by development."
PAGE 14

ii

0

ii

[~

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

In accordance with the above CAMA regulation, Skyco Development LLC requested that North
Carolina Division of Marine Fisheries (DMF) conduct a biological investigation for oysters in
the creeks adjacent to the property. On July 19, 2006 DMF staff Greg Allen, Joe Cox, and
Ginger Wright sampled Charles Creek (Canal C), an unnamed creek (Canal B), Howards Creek
(Canal A) and the adjacent waters in the Croatan Sound approximately 500 feet from the
shoreline with patent tongs. The determination was made in the letter (Attachment A) from
Greg Allen, Shellfish Biologist, NCDMF, to Lee Tugwell, Partner, Skyco Development LLC,
on July 24, 2006 that:
"Results from the current DMF biological investigation along with 2005 NCDMF
shellfish mapping data, concluded there is no known harvestable shellfish in the
waters within 500 feet of the parcel on land sampled. The nearest known harvestable
shellfish area is located l .8 miles south to Baum Creek on the southwest side of
Roanoke Island."
With the determination of NCDMF that there are "no known harvestable shellfish" the
proposed upland marina site does not damage any harvestable shellfish resources.
From a historical perspective, Johnnie Robbins' mother, Aline Midgett Robbins, who has lived
all her life adjacent to the property recalls:
"They never took oysters in Ashbee Harbor or the ditches connecting to the property,
because there were none."
Closure of S (A) Waters
In accordance with 15A NCAC 18A. 091 1, Marina Docking Facilities: Other Mooring Areas, in
regards to waters classified as shellfish growing waters "all waters within the immediate
vicinity of a marina shall be classified as prohibited to the harvesting of shellfish for human
consumption." Section (3) of the before cited regulations further states:
"The minimum requirement for the prohibited area beyond the marina shall be based on
the number of slips and the type of marina (open or closed system)."
PAGE 15

u

r~

r

r

i
C

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
Based on the proposed 46 boat slips, the size of the prohibited area is 275'. In the design of the
marina, the slips were moved as far from the proposed canal cuts in order to minimize the
closure. As a result, in Canal A only 175 linear feet of existing canal (4,503 sq. ft.) shall be
classified as prohibited to the harvesting of shellfish for human consumption. In Canal B 51
linear feet of existing canal (1,858 sq. ft.) shall be classified as prohibited to the harvesting of
shellfish for human consumption. In closing, these "prohibited waters" are still classified as S
(A) Waters; this designation has not changed. Also, based on CAMA regulation 15ANCAC
07H.0208 (b)(5)(E) no harvestable resources will be affected. Finally, it is clear from DMF's
biological investigation on July 19, 2006 along with 2005 NCDMF shellfish mapping data that
there are "no known harvestable shellfish" in the waters surrounding the proposed development.
T'he Division of Water Quality General Overview of North Carolina Tidal Saltwater
Classification System has a category for Saltwater (S) A Waters. In the chart a column header
is "Construction & Development" and is further divided by several columns including one
labeled "Recreational Activities" in this column it states that Saltwater (S) A Waters are
"protected for: marina development." Based on this chart, marinas are permitted in waters
identified as Saltwater (S) A.
401 Certification
In accordance with 15A NCAC 02H. 0506, the proposed project has "no practical alternative."
Furthermore, the project is "water dependent and requires access to water as a central element
of its basic function." In accordance with 15A NCAC 02H. 0506 (f) project impacts have been
reduced; thus, "considering a reduction in size configuration or density of the proposed activity
and all alternative designs the basic project purpose cannot be practically accomplished in a
manner which would avoid or result in less adverse impact to surface waters or wetlands."
The marina has been located to avoid and minimize the impact on the environments and in
particular coastal marsh, 404 wetlands, and or any impact on shellfish habitat. There is no other
place where we can make the canal connections without creating a larger impact on the
environment.
PAGE 16

' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
Mitigation
As stated above, the proposed project does involve the removal of 3,161 sq.ft. of total Section
' 404 wetlands including 2,472 sq.ft. of coastal marsh and 689 sq.ft. non-coastal (non-riparian)
wetlands, and their conversion to public trust waters. Upland areas have been identified on-site
that can be used for mitigation to create wetlands at the commonly required 2:1 creation to
' impact ratio. The mitigation alternative is to contribute to the EEP in-lieu fee payment program
at the commonly required 2:1 ratio which will enable EEP to create wetlands.
Summary
This project has been studied in great detail and major adjustments to the original plans have
' been made in order to address the concerns of the various permitting agencies. We have, thus,
minimized all possible impacts in respect to the various permitting agencies' goals, objectives
and regulations. There is no other place in the proposed community where 46 boat slips could
' be developed without creating a larger impact to the environment.
' Key to the permitting of this project is CAMA's finding that the proposed project is a "water
dependent use". In the Division of Coastal Management's Field Investigation Report, (6.) Site
' Description, (C) Water Dependent Use the project is identified as "yes", a water dependent use.
' Furthermore, in comments from Frank Jennings, III, District Manager, to Doug Huggett, Major
Permits Coordinator, on February 9, 2007 it is stated:
"While construction of simple access channels, docks, and wharfs and dredging are
' identified as water dependent activities which may be permitted on 07H.0208(a)(1). (2)
requires that there shall be a finding that (A) the location, design, and need for the
development, as well as the construction activities involved should be consistent with
' the State Management Objectives.
The Management Objectives for Coastal Wetlands 07H.0205(c) is `to conserve and
' manage Coastal Wetlands so as to safeguard and perpetuate their biological, social,
economic and aesthetic values; to coordinate and establish a management system
capable of conserving and utilizing Coastal Wetlands as a natural resource essential to
PAGE 1 ~

~~

L

1

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
the functioning of the entire estuarine system. The Use Standards for Coastal Wetlands
require that {d) suitable land uses shall be those consistent with the Management
Objectives in the Rule. Highest priority of use shall be allocated to the conservation of
existing Coastal Wetlands. Second priority of Coastal Wetland use shall be given to
those types of development activities that require water access and cannot function
elsewhere'."
The proposed development is consistent with the above management goals. Again, the project
involves the "construction of simple access channels (and) docks"; all identified as "water
dependent activities". Secondly, this development "require(s) water access and cannot function
elsewhere". In the planning of the water dependent activities "highest priority" was given to
the minimization of impacts, "safeguard(ing)" and "conservation of existing coastal wetlands".
This revised project only impacts 2,472 sq.ft. of coastal wetlands, and proposes only two
connections rather than three; thus, reducing the impacts from the earlier proposed 8,523 sq.ft.
of coastal wetlands. Further, the impacted wetlands are not going to be filled, they are going to
be converted to public trust waters.
In the Division of Coastal Management's prior Field Investigation Report it is noted:
"The proposal, which includes three connections to (the) Croatan Sound, will more
likely have better water exchange by virtue of the multiple connections than a proposal
with one connection."
Thus, not only for safety reasons are two connections required, but also for water quality
reasons and for the flushing of the proposed basin. "Multiple connections" are required as
recognized by CAMA field staff.
Lastly, based on the history of the site, Division of Marine Fisheries findings, and state and
federal regulations, there is not now or in the past any shellfish in this area and we have
satisfied the associated regulatory requirements as detailed earlier; therefore, shellfish should
not be a factor in permitting this project.
PAGE 18

1
1
~~--ao°lvZ. ~~o3d~
CCM MP-1
APPLICATION for ~ ~` `: 3
Ma,;or Development Permit ~ ~Jrw
(last r®v7sed 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
i. Prima,~y Applicant/ Landowner lnformafion
~ ,m _
Business Name Project Name (if applicable)
Skyco Development Company, LLC Ashbee Harbor
Applicant 1: First Name
Lee MI Last Name
Tugwell
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1 Sailfish Drive PO Box Ciry
Manteo State
NC
ZIP
27954 Country
USA Phone No.
252 - 423 - 0516 ext. FAX No.
_ _
Street Address (if different from above) City State ZIP
Email
2. Age t/Cantractor Mformation - A
__-
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 NC
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
brubino @ quible.com
<Form continues on back>
252-808-2808 ,, 1-888-4RCOAST :, www,nccoastalmanagement.r~et

Form DCM MP-1 (Page 2 of 5)
APPLICATIOPI for
Major Development Permit
3. Prvjec-t Locatio~- - - - - - - - - - - - - -
-="s -- _ ~ - ___ _ _
County (can be multiple) Street Address i State Rd. #
Dare
345
Subdivision Name
' Phone No.
- - ext.

a. In which NC river basin is the project located?
Pasquotank
city
Skyco
c. Is the water body identified in (b) above, natural or manmade?
®Natural ®Manmade ^Unknown
e. Is proposed work within city limits or planning jurisdiction?
®Yes ^No

State Zip
NC 27954 -
Lot No.(s) (if many, attach additional page with list)
see proposed lots on plat, ,
b. Name of body of water nearest to proposed project
Croatan Sound and manmade and natural ditches/canals
including Howard Creek, Charles Creek and an UT
d. Name the closest major water body to the proposed project site.
Croatan Sound
f. If applicable, list the planning jurisdiction or city limit the proposed
work falls within.
Dare County Planning (Community of Skyco)
f' :~ v i. f~ ley. ~'1~~ ~,,. ~ t;~" i~ 2 r - " _'~
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
14,264 (soundfront and existing canals) 171 acres; the project area is 33.6 acres
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
see area table on sheet 2, NWL (normal water level)
(lf many lot sizes, please attach additional page with a list) avg 7 ft ^NHW or ®NWL
e. Vegetation on tract
Minimal upland vegetation since the site has existed as a dredge spoil retention and staging area; wetland vegetation
includes black needle rush, salt meadow cordgrass, sawgrass, red cedar, loblolly poine and groundsel bush
f. Man-made features and uses now on tract
dredge spoil outlet pipes
g. Identify and describe the existing land uses ad'acent to the proposed project site.
residential and undeveloped
h. How does local government zone the tract?
R-1 Residential
~l

i

i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
®Yes ^No ^NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ®No ^NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does ft involve a ^Yes ®No ^NA
National Register listed or eligible property?
<Form continues on next page>
252-gOg-2gpg ~_ggg-4RGOAST www.nccoastalmanagemerot.net

' Form DCM MP-1 (Page 3 of 5)

1

1

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.
No existing wastewater treatment
o. Describe existing drinking water supply source.
No existing water; future water proposed through Dare County Water Distribution System
p. Describe existing storm water management or treatment systems.
No existing stormwater management
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.
The purpose is to create a private 46 lot, single family residential development with a man made canal/basin that connects to
navigable public trust waters of the Croatan Sound via two existing canals. Each lot owner will have the rights to one boat
slip. Not all lot owners will be waterfront, however, there will be several designated (by easement) access points to the
waterfront and there will be a wood walkway system around the upland basin areas for lot owners. There is a designated
pumpout station and there will be no live-aboard slips. This is planned as a second home type community, however, there
will be some year-round residents. stormwater will be directed to the center portion of the uplands (away from the public
trust) where it will be treated.
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.
Canal construction will primarily involve a long reach excavator and bull dozer. Excavated materiial will be side cast and will
be utilized on site for implementation of site grading, particularlly to direct stormwater away from the waters' edge and toward
the central portion of the uplands. The upland canal will be fully dredged prior to opening the plugs to the two existing canals
to avoid unneccessary siltation/turbidity. The development side of the upland canal will be stabilized with a bulkhead and the
opposite side will be sloped and vegetated for stabilization. Canaf Connection B where the opening will be 25 ft wide will be
stabilized with aloes-profile as to allow navigable (-5 ft) water up to the edge for safe navigation. After bulkhead construction,
the wood walkway system will be constructed. Any portions of the wood walkway over wetlands will be pile-supported 3 ft
over the substrate. These pilings will be driven in place.
d. List all development activities you propose.
Upland basin/canal creation; connection to two existing canals (3,161 sq.ft, of total wetland disturbance (2,472 sq.ft. of
coastal wetland and 689 sq.ft. non-riparian Section 404 wetland disturbance); 46 lot residential subdivision (future lot
improvements by individual owners); 3,463 ft of wood walkway around the man made canal; 46 side-to boat slips (1 per iot);
paved roadway (outside AEC), community area with pool, playground, etc.
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? 24.9 ^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.
No existing, however, until recently there were some discharges associated with the hydraulic dredge outflow pipes. Only
minor surface runoff proposed (the grading plan will direct stormwater to the center of the uplands)
252-808-2808 .. 7-888-4RCOAST :, www.nccoastaimanagemsnt.net

' Form DCM MP-1 (Page 4 of 5)
' i. Will wastewater or stormwater be discharged into a wetland?
If yes, will this discharged water be of the same salinity as the receiving water?
j. Is there any mitigation proposed?
If yes, attach a mitigation proposal.

1

<Fortn continues on bar_k~
APPLICATION for
Major Development Permit
^Yes ^No ^NA
®Yes ^No ^NA
6 ,,~ u y ~, ~- ~ - _
7a' rti r pee = r 0"~ (t~efollc3wrr~rtem~.f~elow~if<~pplic,~l~le fl~~Isl~he~su~ r~~d.rnorrierfci i ~Pplrcatrgn
~ -~
- ~ ate - )+ ~ y ~6c j )~, ~ rrla ~?r ric,v to rnPttt a ~ Lrafron ^Pf~ e consulk;fhe ~ ' ~
~ ~a P~fx.,a~~ti )~_~f}y _ I ~~_P !P ,~ ~ ~ ~ P f~pa~ion~ ,u
. r - ::
inafr~ , w ~~~ i~l n in ~p ~ Ny p e ~e required rten~$",trelow '`;~ ~ = -
h~ l
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.
~, ~ n
s ~ eSe~ ~' ~ 1 .ip t~. ~' ~ t ' Ek4 a ,~~. n~
Name Rex Tillet ~ Phone No.
Address P.O. Box 2313, Manteo, NC 27954
4. e7A ~S P 1 ~~1 µ, } I ® ~ ~ ~ 6
Y x i.' ~ ~ 9
~-
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ^
CAMA MAjor 106-04 associated with DWQ Dredging {7-22-04 USACE Nat. 18 associated Dare well relocation
(Id.20041 1 1 1 7)
CAMA GP for canal maintenance A 39912 (11-4-04) CAMA GP for canal maintenance A 40173 (11-22-04)
h. Signed consultant or agent authorization form,rf applicable.
i. Wetland delineation, 'rf necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly 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.
1 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 t 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 MaY ~~ 20~~ Print Name L ec ~GC,,,gG.c.
' Signature
' 252-808-2808 .. 1-888-4RCOAST :. www.nccoastalmanagement.net

' To Whom It May Concern:
Due to Skyco Development Company's liability associated with our
' operating heavy equipment on-site and daily changing site conditions, we
request that anyone visiting the site contact Lee Tugwell (252.305.1516)
prior to their visit.
Only government employees are permitted to enter the site after contacting
' Mr. Tugwell. No non-governmental employees are permitted to enter the
site without approval from Lee Tugwell.

1
i

1

Form DCM MP-1 (Page 5 of 5)
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
APPLICATfON for
Major Development Permit
' 252-898-2808 ,. 1-888-4RCOAST :. www,nccnastalmanagement.net

Form DCM MP-2
1 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 fhe Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Channel Other
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding

NWL) Breakwater shoreline

A: --30 stabilization
)
Length (varies), 2,409
B: 136
A: -35

Width (varies), 46 avg.
B: 25
Avg. Existing ;

Depth
A: 0, B: 0
0 ;,
.
''~
.~_~
Final Project
Depth A: 5, B: 5 5 1
-
.i~ ~t t Y.. ~'f i~ _J:
,~C:S
_ ~ ~~ ~~ ~ ~ ~ ecti©n no a h~~ I~'
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
21,411 cu.yds. total (main canal and canal connections) sand and silt
c. (i) Does the area to be excavated include coastal wetlandslmarsh d. High-ground excavation in cubic Ards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), y
or other wetlands (WL)? If any boxes are checked, provide the main canal excavation from existing surface +7' above nwl
number of square feet affected. down to 0 (nwl): 29,159 cu yds
®CW ^SAV ^SB
®WL ^None
(ii) Describe the purpose of the excavation in these areas:
access channel connections A and B from the existing canals to
the upland canal; 3,161 sq.ft. total (2,472 sq.tt. coastal wetlands
and 689 sq.tt. non-coastal/non-riparian Section 404 wetlands)
Location of disposal area.
The material will be side cast and dried prior to utilization of
the material for the site (incorporation into the grading plan)
{i) Do you claim title to disposal area?
®Yes ^No ^NA
(ii) If no, attach a letter granting permission from the owner
b. Dimensions of disposal area.
see plat (side cast near canal edge prior to spreading on
site)
d. (i) Will a disposal area be available for future maintenance?
®Yes ^No ^NA
(ii) If yes, where?
center of the property (common area)
(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
f. (i) Does the disposal include any area in the water?
^Yes ®No ^NA
(ii) If yes, how much water area is affected?
,252-808-2808 :: 1-8$8-4RC®AST :: wuvw,nccoastalmanaaement net revised: 12/26/06

. ~Oli'f1f1 ®Ci~9 ~~°~ (~xcavat~~r~ and ~,~li, Pale ~ ~~ 3~
• (ii) Describe the purpose of disposal in these areas:
i •
_
3. SMQ~EL~~tE CAB ~ dN , : - - -
(tf.developrl~ent is. G~ wood groin, use t~1P~4 'Strictures). ~
~ - - -- -.
T 0 This SeGtron nqt app/icable
a. Type of shoreline stabilization:
®Bulkhead ^Riprap ^BreakwaterlSill ^Other: b. Length: develoament side edge of man made canal 2 429 ft'
Canal B connection. 272 ft (both sides)
Width: 1 ft
c. Average distance watenvard of NHW or NWL: at nwl d. Maximum distance waterward of NHW or NWL: at nwl
e. Type of stabilization material:

vinyl sheeting with wood piles and girders 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.
1

g. Number of square feet of fill to be placed below water level.
Bulkhead backfill none- Canal B connection bulkhead will be free-
standing to avoid additional wetlands imoacts Riprap
Breakwater/Sill Other
i. Source of fill material.
N/A
(i) Will fill material be brought to the site? ^Yes ~~
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
h. Type of fill material.
N/A
^CW ^SAV ^SB
^WL ®None
(ii) Describe the purpose of the fill in these areas:
- ~:~
_ _ _ ,~.: _~ o ~ ~
a. How will excavated or fill material be kept on srte and erosion b. What type of construction equpment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
' An approved SESCP will be preparedand implemented. Dredge long reach excavator and bull dozer (for initial upland canal
spoil will be placed into staging areas prior to being utilized for digging)
on-site fill
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
®Yes ^No ^NA site? ^Yes ®No ^NA
' (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will betaken to avoid or minimize
Channel markers will be installed along the Canal B connection. environmental impacts.
There will be posts with high visibility reflective tape on both
sides of the Canal B connection spaced at 50 ft intervals.
252-888-2808 :: 9-888a4ftCOAST :: www.nccoast~lmanaaement net revised: 12/28/06
- ~-+ • • ~• w •~~~~ ~~~~ n~aicnai ue Niacea In COdSral 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.

D~t~ ' ,
r
i
v

'
~Project,Name ~ ~' ~
a ~ ' + ~ ' '
~ ~ ~~
~.
r ~ ,~
:, ~ > - } ~
-
~
_ r ~
T ~ Y ~ ~.
,ti ~ _ ,
)
C ~
I T
~ ~ ~
f LL
~r
~~ ~ L
~h ~T 7 ~ ,.~~ ~
v. E 1~
i
~

i• ~
`iglu drl~ Sr n1 c
re
'
T'
~ § _ ,~ _ -u

l1

,252-808-2808 ;: 7-888-4R~®ASY :: www,nccoastalmanagement net
revised: 12/26/06

Form DCM MP-3
~ UPLAND DE
VELOPMENT
' (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.
- - -
- L`~l AND~~.ITEL~PM~NT s - - - - ~~ = +' ~ ~~" _,
' a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed.
46 single family residential structures to be built by
individual future property owners
' c. Density (give the number of residential units and the units per
acre).
0.26 units per acre based on the 171 total acres

~°

~~

If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
^Yes ^No ®NA
(ii) If yes, list the date submitted:
Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
There is no impervious coverage within the 75 ft AEC for
the work covered in this CAMA Major Application. In
the table on Sheet 2 is a column indicating the
maximum future coverage per tot within the 75 ft AEC,
based on a maximum AEC coverage of 30% per lot
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.
j. Describe proposed method of sewage disposal.
The development proposes individual on-site septic
treatment systems to serve each residential lot
Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriaV
commercial effluent, "wash down" and residential discharges).
46
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
24.9 acres total. This will be addressed in a SESCP to be
submitted to DLQ after the CAMA submission is accepted
as complete
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
asphalt and concrete
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
^Yes ®No ^NA
(ii) If yes, list the date submitted: _A low density coastal
stormwater plan will be submitted to DWQ when the CAMA
submission is accepted as complete
k. Have the facilities described in Item (i) received state or local
approval?
^Yes ®No ^NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
®Yes ^No ^NA
52-808-28082 :: 1-888-4RCOASY :; vvww.ncccastalmana cement net revised: 121261OS

' -~~ril-r>i ®~11i'! #111P-~ I;l.~~ll~rtt9 ~~~rel~-pa~ent, ~a~~ 2 ~~ 2~
Minimal surface runoff
m. Describe ro os
p p ed dnnkmg water supply source (e.g., well,
community, public system, etc.)
Dare County Water Distribution System
' o. When was the lot(s) platted and recorded?
The existing tract was platted on JAnuary 22, 1999_ The 46
lots have not yet been subdivided
1
1

0

If yes, attach appropriate documentation.
n. (i) Will water be impounded? ^Yes ®No ^NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
®Yes ^No ^NA
,252-808-2808 :: 1-888-4RCOAS4' :: www.nccoastaimanaAement net revised: 92/26/08

,Form DCM MP-4
STRUCTURES
(Construction within Pu61ic Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
,~ ~
+ 7~. ~~~~ ~ -,(Ll,~/V~1Af~JNA~G/"I~IGTL~RIST/~~`
This section not.~3 Irc~bae,:
a. (i) Is the docking facility/marina: b. (i) Will the faality be open to the general public?
^Commercial ^Public/Govemment ®Private/Community ^Yes ®No

c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ^Yes ®No
(ii) Number 1-connected If yes:
' (iii) Length Total Length: 3 463 ft
(ii) Number
(iv) Width 6 ft
(iii) Length
(v) Floating ^Yes ®No
(iv) Width
' (v) Floating ^Yes ^No
e. (i) Are Platforms included? ^Yes ®No f. (i) Are Boatlifts included? ^Yes ®No
If yes:
If yes:
(ii) Number
(ii) Number
(iii) Length
(iii) Length
(iv) Width (iv) Width
(v) Floating ^Yes ^No
Note: Roofed areas are calculated from dripline dimensions.,
g. (i) Number of slips proposed h. Check all the types of services to be provided.
46 ^ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing maintenance service
' 0 ^ Dockage, fuel, and marine supplies
® Dockage ("wet slips") only, number of slips: 46
^ Dry storage; number of boats:
^ Boat ramp(s); number of boat ramps:
® Other, please describe:
pumpout 1 station)
i. Check the proposed type of siting:
1~
® Land cut and access cha
l Describe the
typical boats to be served (e.g., open runabout,
h
nne c
arter boats, sail boats, mixed types).
^Open water; dredging for basin and/or channel open runabouts and larger cabin cruiser tvpe power boats
^Open water; no dredging required
^Other; please describe:

k• Typical boat length: 25' (range: 17'-40' I. (i) Will the facility be open to the general public?
^Yes ®No
m. (i) Will the facility have tie pilings?
^Yes ®No
(iij If yes number of tie pilings?
92 -two per slip (both on the landward side of the canal)
'252-808-2808 :: 1-888-4RCOAST :: wwrnr.nccoastalmanagement ne# revised: 12/2710

~ara~ ®~i1~ IVIP-4~ (Structure§, sage 2 ®t .4)
2. -DOCI~tNG FACILITY/MARINA OPERATIONS ~ ~ - ~- ,CjThis segttorr~notapp~ie~~ble_1
a. Check each of the following sanitary facilities that will be included in the proposed project.
^ Office Toilets
^ Toilets for patrons; Number: ;Location:
^ Showers
®Boatholding tank pumpout; Give type and location: See pumpout station on site plan; this is to be a stationary pumpout unit
b. Describe treatment type and disposal location for all sanitary wastewater.
On-site wastewater treatment systems
c. Describe the disposal of solid waste, fish offal and trash.
Public trash removal by Dare County
d. How will overboard discharge of sewage from boats be controlled?
No live aboard; no heads
e. (i) Give the location and number of °No Sewage Discharge" signs proposed.
' N/A. This will be a condition in the homeowners covenants
(ii) Give the location and number of "Pumpout Available" signs proposed.
There will be one sign at the pumpout station area
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
' N/A- no bulk fuel products allowed
g. Where will residue from vessel maintenance be disposed of?
N/A
h• Give the number of channel markers and "No Wake" signs proposed. 4 total. One at the Canal A and Canal B inlet to man made
basin and one at Canal A and Canal B mouth where thev connect to Croatan Sound
i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
No on-site fueling; there will be a Spill Prevention Control and Countermeasures Plan
j. What will be the marina policy on overnight and live-aboard dockage?
No overnite; nolive-aboard
k. Describe design measures that promote boat basin flushing?
There are two entrances to the man made basin/canal (Canal A and B), See Hydrodynamic model provided by ENSR Corp.
' I. If this project is an expansion of an existing marina, what types of services are currently provided?
N/A
1252-808-2808 :: 1-888-4RC®AST :: wrvw.nccoastatmanaAement net revised: 12!27106

' ~~~rlrot ®~IY~ ~P-~ {strictures, ~a~e ~ of 4)

m. Is the marina/docking facility proposed within a primary or secondary nursery area?
^Yes ®No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
®Yes ^No
o.
~~~~ „ia~u~arutx;rtu~y jaunty proposed wrtnin or adjacent to 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
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ^Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
G
~ ,- , , - _
~ B~~ s) 7riC~~ E rriclud~~r~c§overed~ffts) .. ~. ~ •~ _>~ ~ .- _` -
~ ~ ~ d ~ ~ ` ~Tfjrs sectro~i not ~pplrcabtc
a. (i) Is the boathouse structure(s):
^Commercial ^Public/Government ^Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
~`~, ~` ~w,oct,y Gh~ct~rle e`to~~ if a rock grol!'r ;~ 1V] .,Ex~va rbn'. nd Fill- l ~ ~ T ~ ~ ~ - ,-'
_~, _ _~ ~ (~ ) { _ ®T~jrs semtic~h n~a~~pfrfre~~l"
a• (i) Number ~ - -' -t =` ~- -" -- -
(ii) Length
(iii) Width '
~-. s ~ _
~'~-..fi ~~ `. ,,, ~ R (e g.; oocf, sheetprle ~ etc~J ~ ' ' ~ ~ ®Thls ec~n t a,Wrr able
a. Length ~ - - ~. - ~ ~ .~ e • ~. s~
b. Average distance from NHW, NWL, or wetlands
~.

.~ u~c auuuwc~sj.
^Commercial ^Public/Government ®Private/Community
Distance to be placed beyond shoreline at nwl (at watervvard
edge Of pl8r)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing N/A
b• Number 92
d. Description of buoy (color, inscription, size, anchor, etc.)
no buoys
~p7. G~NEF~QL,_ -
'252-808-280$ :; 1-888-4RCOAST :: www.nccoastatmanaaement net
revised: 12/27!06
c. Maximum distance beyond NHW, NWL or wetlands

' ~~rlt~t ®~ilA R-~ (Structu~e~, Pale 4 of ~j
a. Proximity of structure(s) to adjacent riparian property lines
' The walkway/pier system lies on the property boundary on
the northwest side of the property adjacent to the canal.
The adjacent property is also owned by Skyco
' Development, LLC. The nearest riparian property owner to
the walkway/pier system other #han Skyco Development,
LLC is approximately 800 ft to the north
' Note: For buoy or mooring piling, use arc of swing including length
of vessel.
b. Proximity of structure(s) to adjacent docking facilities.
approximately 1,300 ft
c. Width of water body d. Water depth at wa#erward end of structure at NLW or NWL
' The narrowest width of the Croatan Sound in this location is -5 ft
4.4 miles. The distance to the main navigation channel of
Croatan Sound is 2.5 miles.
e. (i) Will navigational aids be required as a result of the project?
^Yes ®No ^NA
(ii) If yes, explain what type and how they will be implemented.
"" .;a ~ , ~ ~ - - ~ - ~7 Thrs,secf~#ap rat ~rppl~catile
a. Give complete description:

1

' 252-808-2858 :: 9-888-4RG~DAST :: www.nccoastalmanacaement net reviset9: 'i2/27/08

I ENSR ~ ~=
' ENSR
2 Technology Park Drive, Westford, Massachusetts 01886-3140
T 978.589.3000 F 978.589.3100 veww.ensr.aecom.com

April 27, 2007

Mr. John Robbins
' Quible ~ Associates, P.C.
P.O. Drawer 870
Kitty Hawk, NC 27949
'
Sub
ect: Sin le and two-channel h dn~d namic simulations at ro Ashbee Harbor site.
1 9 Y Y p Posed
I Dear Mr. Robbins,
I This letter summarizes the results of two hydrodynamic mode! simulations that wen= developed to
describe the fishing characteristics of two different Cana{ configurations at the proposed Ashbee
Harbors development. The hydrodynamic model simulations were made using the RMA-2/RMA-4
modeling package'~2. The two different canal configurations included:
'
1. Canal A and Canal B connected to the main horseshoe-shaped canal and a shortening of the
westem extent of the horseshoe-shaped canal by 700 feet.
I 2. Canal A connected to the main horseshoe-shaped eanak and a stwrtening of the westem extent
of the horseshoe-shaped canal by 700 feet.
' The bathymetry, summertime wind conditions, and tidalty varying water elevation boundary, used in the
additional hydrodynamic simulations, is the same as that used in prior canal simutatiorts. The dilution
results of the single-canal and two-canat configurations are compared with each other to indicate the
direct effect of Cana{ Layout and design on the flushing characteristics within the canals. The results of
the single-canal and two-canal conf~urations are illustrated in Figure 1.
The results of the single~anaf configuration, illustrated in Figure 1, indicate that flushing is generally
poor. This is particularly true in the westem portion of the main canal, as it extends away from the
confluence with Canal A. The flushing simulation for the single-canal conf~uration indicates that a
maximum of 53% of the original concentration is predicted th remain in the maim canal after 10 days of
simulation time.
The results of the two-canal configuration, illustrated in Figure 1, indicate that flushing is generally good.
This is particularly true in the area of, and to the west of, Canal B. Enhanced flushing in this part of the
main canal is due to increased water movement into the main canal from Canal 6, in the two-canal
' USACE, 2003. RtufA4 WES Version 4.5. US Army, Engincer Research and Devetaprrrertt Center, Waterways
Experiment Station, Coastal and Hydrau~cs Laboratory. 173 pads.
2 USACE, 20115_ RMA2 WES Version 4.5 US Army, Engineer Research and tevelopment Center, Waterways
Experiment Station, Coastal and Hll~ rY. 277 pages.
C:1Documents and Seltir-gsUOhn M_ Robbins ItrlLot~
SetdngslTemporary intemet FdeSlCorrtent~5lVV063Ctm1-2 Canal
summary (t).doc

ENSR ~\~s_Y ~~.`
' ENSR
2 Technology Park Urine, Westford, Massachusetts 01886-3140
T 978.589.3000 F 978.589.3100 www.ensr.aecom.com

confi uration. The flushin simulation for the two-canal con uration indicates favorable results F' ure
9 9 ~ E ~9
1) in that a maximum of only 3% of the original concentration is predicted to remain in the main canal
' after 10 days of simulation time.
The two hydrodynamic model simulations indicate that flushing is generally poor in the single-canal
configuration and generally goal in the enhanced in the two-canal configuration. The results of these
' simulations shaufd prove to be useful in guiding the design alternatives available far the Ashbee
Harbors development.
' Please feel free to contact either myself (978-589-3155} or Peter (919-872-6600 x231 }with any
questions or comments.

Sincerely yours,

'
Kenneth J Heim, Ph.D., P.H. Peter M. Thibodeau, Ph.D., P.G., P_H.
Senior Hydrologist Sec#ion Manager
[e-mail] [e-mail]

0

ii

C:1DoCUments and SettingsUohn M. Robbins III\Local
SetbngslTemporary Internet Files\ContentlES\WD63C1 f711-2_Canal
' Summary (1).doc
ENSR ;__

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~
Figure 1 -Comparison of predicted flushing characteristics of the original three-canal and modified two-canal configuration.
Summertime Scenario -Single Canal System
Initial Concentration = 100 mg1L; Time = 24 hours

Q O l~
~q~ ~
~~ ii'I

M1 +
~, .
~I:
~r.~ww.r I
11.r
,_ ~,~ ,..
~..~....
rr ~~ ...
racy „ .....-.
~rn
V
.
7
^A~®
Time = 4 davs
x:07}
ua~Y
~~R3........~..
~, ?I _...... .~..,
~
......>
~N'x ~
ur ~ ~~
=
may
,.,.....
TSB
A g'am'. ~ iD! .,- .r..~...ryi~.nn. •~iw~n~~~~
Time = 7 days
'i OG}~
~'U.c~ ~ ~4 ......_. ..
..'~~.,.. tj'
.t,
rl. .~.' '~..Y.
~1.,.
rt7 - . ~',~... tl
~pwa+ ..... ~.
4
A
III

Time = 10 days
RG•. e'
~.~
_.,, .,
.. ~ II
'yi...,, , w.
fI. n
~!'. a.
~.n 3
~ ~~.,.. ~
F}E°i ... ........
Na
a
~'~~

Summertime Scenario -Two Canal System
Initial Concentration = 100 mg/L; Time = 24 hours
.y.O ~~. } . rrs, w.rM.,. rw..~, e.t o~ ....- »n
app ...-.~.. .. ~~
~Ci .... ~~~ _.
,,:I ..
~1~~ ~.
....w p
~.IJ«.. ,
f] . - u.
nr
FE J
T
A ~

Time = 4 days
aa~_„~., r ........ ....,
nA• ~
.A
~F.V ........ri
n .. ..
^-~ .a ,..... n
f1!
1'~w ..~......' ~
Ry' ..~,..~.
9
I ~
AAA': ~ .D 'r":_. •` .-~... -~. ~~r
Time = 7 days
~, o ~v ~
~ o,... ~. .. ,. ...,~,.. ..,.,
aA~... ^~~ ~I--.
~~ ..,.~F,.~ .
rl ~r,H'.T~.. i
rl ,' .. ,.-.. n
f.~.i9 ..-..~ ~;
~~
rsy. ..~... ,
n
iL"I'®
Time = 10 davs
r.~ ~. ~+... r~ v w ~ n.... n+. rnT .,y ...... ~.~.
~OVY

a®• a n,
,18.E ',.
~.i ..~..w... ~ ^
r~. -
r7 ~ ........ n
^
:i
fi_l c:...~.~.....e. ~
~'ay; .~.....
a
rniso
E:17-2_Canal Summary (1).doc

,. •
~~~~
~ NCDENR
North Carolina Department of Environment and Natural Resources
' Michael F. Easley, Govemar Division of Marine Fisheries Preston P. Pate Jr. Dire
Wtlltam G. Ross Jr., Secretary ~ ctor
' 604 Harbor Road
Wanchese NC, 27981
July 24, 2006

ii

LJ

D

Lee Tugwell
Skyco Development Company, LLC
1 Sailfish Drive
Manteo, NC 27954
Mr. Tugwell,
On July 19, 2006 North Carolina Division of Marine Fisheries (NCDMF) staff Greg Allen, Joe Cox and Ginger
Wright completed a biological investigation for oysters in creeks adjacent to property parcel # 025881000
located on the westside of Roanoke Island south of Ashbee Harbor. NCDMF staff sampled Howard Creek,
Charles Creek , an unnamed creek and the adjacent area in the Croatan Sound approximately 500 feet from the
shoreline with patent tongs. Samples comprised of taking patent tong bottom samples, one square meter each,
and sorting through the sediment recording oysters. Samples. included 14 from Howards Creek, 12 from
unnamed creek and 23 from Charles Creek with a total of 50 samples taken. One oyster shell consisting of 3
spat located at the mouth of Charles Creek were the only oysters found. Sample compositions are attached with
sample numbers 1-13 from the unnamed creek, 14-26 from Howard Creek, and 27-50 from Charles Creek.
Results from the current NCDMF biological investigation along with 2005 NCDMF shellfish mapping data,
concluded there is no known harvestable shellfish area in waters within 500 feet of the parcel on land sampled.
The nearest known harvestable shellfish area is located 1.8 miles south to Baum Creek on the southwest side of
Roanoke Island.
Sinc rely,
,~ d/~~ ~.
reg Allen
Shellfish Biologist
North Carolina Division of Marine Fisheries
cc: Craig Hardy
Sara Winslow
3441 Arendell Street, P.D. Box 769, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
An Equal Opportunity /Affirmative Action Empiayer - 50 °o Recycled 1 90% post Consumer Paper
NorthCarolina
~aturallt~

1

'

' Biological Investigation Sampling Data

/~pplicant:Lee Tugwell Temp. 28.6 C
Salinity 11.8ppt
Shellfish Shellfish
No. Bottom Type Collected No. Bottom Type Collected
1 mud 0 31 mud/detritus 0

Date: July 19, 2006

Shellfish
No. Bottom Type Collected
61

2 mud 0 32 -mud 0 62

3 mud 0 33 mud/detritus 0 63

4 mud 0 34 mud/detritus 0 64

' S mud 0 35 mud 0 65

6 mud 0 36 mud 0 66

' 7 mud 0 37 mud 0 67

8 mud 0 38 detritus 0 gg

' 9 sand 0 39 detritus 0 69

10 muddy sand 0 40 muddy sand 0 70

' 11 muddy sand 0 41 muddy sand 0 71

12 muddy sand 0 42 detritus 0 72

13 mud 0 43 mud/detritus 0 73

14 mud 0 44 mud/detritus 0 74

' 15 mud 0 45 mud/detritus 0 75

16 mud/detritus 0 46 mud/detritus 0 76

17 mud 0 47 mud/detritus 0 77

18 mud 0 48 mud/detritus 0 78

19 sand 3 spat 49 mud 0 79

20 mud/detritus 0 50 mud 0 80

' 21 detritus 0 51 81

22 mud 0 52 82

' 23 detritus 0 53 83

r 24 mud/detritus 0 54 84

' 25 detritus 0 55 85

26 muddy sand 0 56 86

27 mud/detritus 0 57 87

28 mud 0 58 gg

' 29 mud 0 59 gg

30 mud 0 60 90

Arthur Demarest
' PQ Box 580
Wanchese, NC 27981
Apri125, 2007
John M. Robbins III
Skyco Development Company, LLC
One Sailfish Dnve
Manteo, North Carolina
Mr. Demarest:
As an adjacent riparian property owner to Ashbee Harbor Club, the proposed residential
development, you are required by NCDENR, Division of Coastal Management (DCM) to
' be notified of the proposed development within the Area of Environmental Concer (AEC)
that requires major CAMA permitting.
' Should you have no objections to the proposed work, please check, sign, and date the
blank below the statement on the following page, keep one copy for your records, and
return one copy of this letter in the enclosed envelope.
' Should you have any objections to this proposal, please send your written comments to:
' NC Division of Coastal Management
Attn: Doug Huggett
1367 US 17 South
Elizabeth City, NC 27909
Written comments must be received within 30 days of receipt of this notice. Failutre to
' respond within 30 days will be interpreted as no objection.

1
1
1
1
1
1
1
1
1
1
1
1
1

r 1 h~~'% E'IO ~~SjeCiIf3;a is t(~g ~3r~jeCt ~S ~T~si,!lt~~ ~li"~~7:?SE:~ ul"1~~. ?1~I`i,~i~j' ~,~J2dY~
--
th~t right t~s o~j~;cti~~ _ts ~rct~ic~e~i i~ G;,~er~3 ~t~ta~e I I3-2~9.
~ _h_av~ objecti~~? t~ the ~r~j~~,ct as i3reserat?y pro~c~sed ~nt~ hake en~;l~sed
z;on~rrtents.
,
4 'r0
. ~ ..
~. !
- ___-- t -_ _-__.._ .
Stgi~~t~trc; ~J~te `
- .'cam. =-_ br.~""~ n- '~'*,'~4~'-~ ~~a^~~ -s
~ompiete items':, 2, and 3. Also complete
item a it Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card 20 vou.
~' Attach this care. to the back. o; the mailpiaca,
er on the front if sp_ica permits.
i. Rrticle Redressed te:
~~~. ~~~
-__ - ~
~~-~
-- -
`~ ",
`~~
A. Sicn2hare
°~ ~~` ~ Are,:
} _. ~~ ~ ~~~Erj L/y~~~~. ~ ~ l i Addresse°
E. Received b•;i j P,~nred rtiame) ' C;. Date ci Ueiiverd
- - -'- --
D. !s delivery address diiiareni from item i? t-7 'r~s
I>. `;"s=S, enter delive~~ ~cidt~ss belc;~v: !~ No
'.
--
_~ F'e~s'.'r8~ .~5 --,c lir .r'.... ,__ SQ: ...,=FCha,~~iiSe
t_ Insureri ~~;~il M 1 G.O.D.
4. Resti ivied Delivery? {extra rest i ~ a'ec
- _
2. .~rfi le Num -r _ --
_~ r. ,~
~ nsfei frog serrice l2ae!) r ~ ~ ~ ~J `'r -~' ~ i~ ~ `~ ~' ~ ; Z ~ ~ ~ .~
PS FGrm .i3~ ~, r btaarV 2~Q4 Domestic Return Receioi ^=595 02 f =,ac
if
f~
r-~
i-n '-
>~
~J
~~

' Rex TiIlett
PO Box 2313
Manteo, NC 27954
April 25, 2007
' John M. Robbins III
Skyco Development Company, LLC
One Sailfish Drive
Manteo, North Carolina
Mr. Tillett:
As an adjacent riparian property owner to Ashbee Harbor Club, the proposed residential
development, you are required by NCDENR, Division of Coastal Management (DCM) to
be notified of the proposed development within the Area of Environmental Coneer (AEC)
that requires major CAMA permitting.
Should you have no objections to the proposed work, please check, sign, and date the
blank below the statement on the following page, keep one copy for your records, and
' return one copy of this Letter in the enclosed envelope.
Should you have any objections to this proposal, please send your written comments to:
NC Division of Coastal Management
Attn: Doug Huggett
1367 US 17 South
Elizabeth City, NC 27909
' Written comments must be received within 30 days of receipt of this notice. Failutre to
respond within 30 days will be interpreted as no objection.
' Si ,
~' "~,
' hn M. Robbins III

0
ii

f•~~° ~ .
-- I ha~~e rta ob~e~;tia~~ to the I~rnf~--~:€ a~; I~rr~E rttl}~~ pro~ased anr~ hereby ~,~a~ ~-e
that right to ohjet~tiat~ as ~~rav~~d~I in ~e~eral ~tatE~re I l ~-22~.
I have objection to the ~ra_jec t a~ g~res~;ntly pra~ose~ at~d ha~~e enclasec~
Can1172entS.
-- . _ ,
c ~' ~~ C~
~_ .~--m, ~, ~~=~ .~
Signature ~~:ztc
Gornplefe items !, ~ anc' ~. ?',fso con~p!ete
item ~1 if Restr[cted Jelie ry is desired.
€~ Print your name and address on the re~~ersc
so that e°~!e can refr~rn the card to you.
Attach this card to tl~e baci< of the mai!piece,
or en the front if space permits.
t. Article A.dd~essed to:
°~. ~~~
® ~t°~
yC'+ ~ A
~~~- ~.
~ ~-~
~
~ ~ if
j~ ° s
f~l
~
a
t'
-
~ < < ~ ~ ~~
1ti~ ~ ~ ~~ r
~
~' / ~ Y
//~~y~-~~°
~ -yen

~~ Addresses
F
-
-
R~ ~~~„~- . ~., i>/'.~r~~r~ ;~,..;al ~ C. i ~~~e o~I~elive'y
D. s oelivF;v 2ddress d~Stereni from item! i?~` ~ Yes
!4 YES, eni<-r :'eliven• address bel.^v,~: ~ ~'o
i <<~~
~7 Insured Iv!a,':
4. Resiric?ed Detivc
2. Articlet~umb-- 7QQ~ Q~tiQ QQQ~ ~~~Q -~r~!L~
(Tr2nsfer Iron, ~; •.:; ,~;>~~, _ _ _.
PS Farm 3~~ I ,February ~Q04 Sc~~T x2~f omestic Retvr~? Receipt
rv7 /Frir~ Fee) [] 'Yes
~.~_ _ ~~_ iazsss-o2 tut-~~
nt
~s~
~~',
rn
_~-
r`~
F=

1

Z00 aged S3IVIOOSStl'A3191f1D-ol ZEEI 91G ZSZ-wo~j
Prepared by and Return to:;
William V_ Power, Csq.
P. O. Boxy 1 dr42, Ki(tt~y Hawk, N C
LTTNO: l~_c~c~~ ~` l~~j
LTTAX: $1,100.00
STAMPS_$220.0t7
PARCF_L: #025877-000
DAE2r.,~ OUK7 k' HC 04/16/46
sr,.-t. ,., $220.00
~~~ijU~-,N~~' :~~ ~ ~ Real Estate
.~ ,`,~__ f' ExCisp Tax
weZy:60 9002-1Z-ZL
li.~a Ul:~;
panla~aa
f• I Lt"D
27949 i?A~~A2rt Pf• Lifi~r','
• Docurn~r-~ r ;;.
I ~t ie]rl ~ Fjrl
NORTH CAROLINA GENERAL WARRANTY DEED
NORTH CAROLINA a ~ r~ rzr:~t. rs r:~•r~ -
DARE COUNTY DARE o~-~~, -rrt:~n,r•t•.u -rnx
' COUNTY ~~~- ~ _
~::.,.•.
Li~ 1Lo~(P_9sr I~too,t5~ -=
THIS DEED made this the 5th day of April, 9 y an a weep _ is
MIDGETTE, SR. {a/Icla ARTHUR. LOUIS MIDGETTj and wife, DORA L. MIDGETTE, as
Grantors, to SKYCO DEVELOPMENT, LLC, a I'Vorth_ Carolina Limited Liability
Company of Post Office Box 1879, Manteo, NC 27954, as Grantee (whether one or more);
Wl 1"NESSEI-H_
That the Grantors, for and in consideration of the sum of TEN DOLLARS {~ID.OD)
and of€Zer good and valuable consideration to them in hand paid by the Grantee, the
receipt of which is hereby acknowledged, has barge€ned and sold, and by these presents
do grant, bargain, sell and convey unto the Grantee, his heirs and assigns, all that certain
' lot or parcel of land lying and being in tt,e Village of Wanchese, Atlantic Township, Dare
County, niorth Carolina, and more particularly described as follows-
See Exhibit "A" attached hereto and made a part hereof.
TO !--(AVF_ AND l~0 HOL© the aforesaid lot or parcel of land, together with all
' privileges and appurtenances thereunto belonging, unto the Grantee, his loeirs and
assigns, or successors, in fee si-Ttple Forever.
AND TtIE GF2ANTOR, does hereby covenant that he is seized of said lands in fee
simple; that he has the right to convey the same in fee simple; that title is marketable and
' free and clear of al! liens and encumbrances; and that Grantors will forever warrant and
defend the title to the said lands against the lawful claims of all persons whomsoever,
subject, however, to said r_ovenants, reserva(ions and restrictions, property taxes for the
current year, easements and rights of way of record in the Dare County Registry, and
' zoning arZd other land use laws and regulations affecting the hereindescribed property.
The designation Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, rnascutine, feminine or neuter
' as required by context.

ZOOt."SLb ZSZ
III su!99o~1 .~ u4of et~cazn an r ~ -,Ar,

E00 aged S31VI~OSSd'83181f1D-ol ZEEt SLV Z92-mo~j weZ5~60 9001-1Z-Zl panlaaab
IN TESTIMONY WHERCOF, Grantor has hereunto se( his hand and seal having
caused this instrur7lent to be executed pursuant to due authority, the day and year first
' above written.
~-----~~`=~~~~~ (SEAL)
' " A. LOUIS MiDGETTE /SR.
____ (a,' , a ARTI-1~UR~L,OUIS MIDGETT)
' D012A L. MIDGE7TE "~ `( )
' STATE OF NOR"fH CAROLINA
COUNTI' O1y pARE
1, the undersigned, Notary i ublic of the aforesaid County and State, certify lhat A_
' LOUIS MIDGETTE, Sit. ( alK/a ARTHUR LOUIS MIDGETT) and wife; DORA L.
MIDGETTE, personapy appeared before me this day and acknoN~Iedged the execution of
the foragoiny instrument. Witness my hand and official stamp or seal, this da of
April, 1998" <-~-~?-~' Y
Notary Public ~ ~ ~'
My Commission Ex ires:••~ - _,'~..•:
p ~'7, ~o~r,.
,-
NORTH CAROLINA
' DARF_COUNTY
Th foregoing ce i ~cate(s) of - \
rye ~ _~ ~ ~ n;e1':~
~.~n,]t i`u lam( ,`e v c,r~~~-_ GV _
is certified-t el be correct. This instrument is recorded in ~he book and at the page and on
' the/ dale and at the time shown on the first page hereof.
- ~~._b~~a F--{-v{` ~~~ ~ ~_ RF=GISTER OFUEEDS FOFi DARE COUNTY
' Deputy/Assi taut Register of Deeds ~ -_ ~! - - - --
£~d Zf;£L~SLb'ZSZ III swggo?~ ini uuor ~rrvnn ~,. ~ ~ ,.,.r.

0
C'
f _~

i~

I
0

J
I 1

V00 aged S31VI~OSSV'83181f1D-~l ZEEI Slb ZSZ-wo~j weZg:60 9002-1Z-Zt pan~aaaa
E 3CIi I B z' T A ~, 1 ~d ~ ~~ U C?
LEGAL DESCRIPTION FOR PROPERTY CONVEYED PROM
A. LOUIS NFIDGETTE, ET_ UX. TO SKYCO DEVELDPMENT, LLC
A11 that certain piece, parcel or tract of property located on
Roanoke rstand, Dare Co~uity, Nordr Carolina and being bounded ou
the Fast by N.C.:3.R. 345; on the North by Pr"c~Perty now or
former7.y awried by Johnnie M. Robbins aicd wi-te, Penolope C_
Robbins, }raving been so conveyed by deed r.e~corded in Book ].71,
Page 599, Dare County Publ-ic Regis(_c-y; on the South by propz.-ty
now car 1=c~rmarly owned key Ashm^ad P. Pipkin, anc3 on r_tie west by
property now or J=ormerly owned by C- M. GutfuiP; said pJrc~l of
land.fror.ting on N_C.S_K. 345 approxirnaLely 711 feet and
beginning at a r~oint on [v_C.S_R_ 345 bring the Southeast corner
a£ the Robk~i-Pis ~ propar-ty; thence running along Lkce Western right-
of-way boundary oL IV. C.S.R. 345 in a Southerly direction
apprcz~cimal_ely 211 '.set to L}r~ I~T-apcrty naw or Zo1-merly e~v~riec3 by
Pipk.en; thence running along said Pipken property line
approximately South 53 clog. 37 min. 35 sec. LQcst t_c~ t_hc:. C. ;7_
Guthrie .i.ne; thence Nc,rth 25 deg_ OD min. 20 sPC_ West 211 £eer
to the Southwes±-. cornea of t}te Robbi.ns' property; therrce along
the Robbi ns ~ south property :Line Nor t}-i 53 deg , j •~ min _ 3 5 sec _
East_ 90f3.67 Poet to a point in the Western right-of-Nray boundary
of N_C_S_R. 345, being the point and p1ac-P of beginniing_
`~'ha North and west property 1in~s oL this parcel were establistred
by P_greemc~nt between >;lma E. Midyett (unmarried) M. L. Midyett_
and wife, Cap-rio Ms.dgett; alid ~., M. Guthrie and wifo, Shi.r.ley A_
Guthrie recorded in Bock 1.'71, Page 594, D~rre County public
Registry, with a Dla1L showingr these two (2} prcrp~rtY amines Doing
re corc3eci in Map Boole 4 , Page 45 _
It being a portion of the property conveyed to Leo Mi.dgette by
deed froru Rot~ert S_ Miclgette (Midyette) unmarried, recorded in
Bovk 33, page 3Bg, bare County Public Registry, said Leo Mi.dgett
having di.ad in 1969 (File No. G9-F-92} leaving this property Lo
h:is wife Elrna Midgett; and said Elaca Midgett having died in 1976
(File No_ 7B-8-sl.) leavi-ng this property to A_ Louis Midgette,
Sr_ (aka hrthur Louis Midget_L-) ,
The above described propar.ty i> more particularly shown on a plat
entitled "SICYCO DEV'EL~OPMEI~T COMPA;>IY, gpjm7DA1ZY SURVEY" prepared by
Sissa7.l Professional Group, Martin J. .Joyce, R.L.S., and recorded
in P_at Cabinet L` t7~ }~,r~C ~~
~ , llare County Yuhl.ic Registry;
said property being desi_gnatcc3 as "AREA OF PARCEL, 79~,7p~ s~
FT. x.56 71CRES" on said plat, which plat is incorporated herein
by this r.farence ,
b d Z££l'SLb'Z5Z III suiaao~ 'i~~ unnr

' 500 aged S31VI~OSSV~3181f18-ol ZEEI S1ti Z5Z-luoJj we Z5: 60 9002-1Z-Zt pania~a
a

u

CI

i
0
ri

u

Bi(1 .?_36iGn7
fn7 ~ ~ }~ €- .~ OAASt` 7U!ITY rtc
4 C~i ~~ F14.~~:~Y.:.~ O7 /22/99
t)f:: ^ Gr"~i':";'f 1I1i( ~^TEVr N $575.00
~~G~~ TaiT C GaRpLINA ~•~~'~~ Aeal Estate I
t s r
..~~ ~ ~~__.~__ ~ F.~#'; Excisa Tax
~ ~ --
4'~~~ ~ ~ r: Kr'I:~l' TIIK
rr-.„4. t ~ F
FII~C'
F;~irF7NFit L'1. 1irHi
I:~r-ai~tf2r I(T Ira-"j._
ilrlrn:rf15:?
R~•curd int; Timr- ,;,. r.tr -.,... ..
-~`'~T"~-N".- Parcel No.,._112.5.RK1.-00(7__. -- _--
.. .._... I'nrcel TtlcnL.iGcr Nu. ..~t7,~1•~~~{)tJij'/T~EIYj.'~t~\"I'(; --
Verified by .. __ Cuunt - j )11 ~Z Isll.t cr .`•~ - ( ~'i 1;'- , , ., i -\-. ., --_ ..._
... y on the •. ...;, _---
__ I ---
_ _ _ ti ~ r
_-
Mail after recnrrlinr 1.n ldhales~ 6` Wheless, PLLC, A[ta,rne '
_ y~ ~.t L~tw, P. O_ []nx X00, -'
_. - __. _ '
'1'luti nlstr~ment was prcl,ared bl' -`>•:J.hTfead P ..1'l.~ktn, aCt.aYney
ISrief dc: - , _ _
5c ul.l.,nn fr:e t.n~ Inrl,.a -..
~`
NC.~R"[`H C~1ROI:~INA C.~L'N1'_I~AL V~jA1~l2i\.N"1'Y UT~I:~L~
TFifS IYi;ED made lltio-: - 12th clay of Jan4ary,..
._ -- - 7!7.49 try- :uul Ire~l we•en -
::TLAf~'rr•:7
tlshrnaad Pringle Pyp1:Lt7 aticl
Marjorie A. L'ipl:in, his w1.te Skyca DeveloT.meut Catupany, LLC
P. O_ Bux 1879
~ 19 L'asquc>r.ank. })r1.vP Manteo, N_ C. 2795[,
Rale-[.gh, S3.f)_ 27609
t•: nt,•r r„ ntrpr,.lr rl ale Llocx !ar ear/, I.:r, ty: rnau,,, ., rl.Ir~cv~ rr,l_ ie :a
. '' Pr,rul,ri:, tt-. cl,Za:a c:lcr of r•nlia ~~. c.rl. acr ri, ~. r;, utrrr u
1'Le design:.ti<.n Gre.n for :.nd C: r;i rr Lcc us used herein sfa,ll iucL.,dc ?;:girl irartius. L)teir fieies, se ccensors, :,n,I ausil;na, :7;,11
shall jt7Clude xi ntfu Fa r. Intl r:al, nt,tve.u lie, e, ismini,ee or r, m,le?r s rcrluired Lry cal:lext.
~l'L'CNL:SS(:'f FT, th~C tl.c Gr..nLor, for :I va]r.i;tLlre ,•u.txidrra(.iot, p;ziil LY ChC Li-canter, the
acknr,wledKed, l,as and lty Lhaae praacutn .toes 7Lr:znt, bargain, sell and convnp uutar the C:rlr,nl`ee liu tfee"simlrln S:zIlC1Lhat
ccrloin lu! nr ;,:.rr.-ol a.F land silunleQ in LFu! City nF .. NSA
T)arf~ - - ., .... .... ...-. .., Negti 11;x. ~. cl TOIt'11~}lil,,
. C:u un L.•, Nurtli ('tero7inn and more i,a;~ticutzu•I)' clew riled at; ?c,llnws:
e1s set forCft on Attachment "A" to the Decd f:row Pil,lcin Co Skyco
UFVelopmeut Company, LLC wtl.iclt is incorporated herein liy reteren.c.e.
y:~,~--..~~.~..i_••~..,, ~, r, •.r. ~^.r. ~... ^l ulf~•lo~. .-.7 ~. In,~ ,.„~.•sk..r.......~....r.. .~,.r. ,r.....~w~.,.ao.rv r, >r,.:,

S'd
Z££L SLb ZSZ
~~~ suiggoN ~inl UUOr` P+.n~nn nn r ~ .....~,

' 900 aged S31VI~OSSV'93181f1D-ol ZEE( SLV ZSZ-WOa we
~ Z5=60 9002-1Z-Zl panlaaaa
Gf{ 1 236FGc37 f 7
"I'}le property herelnabove dear.ribed way ecyuired by Grantor by inatn{ment recorded in punk 237,
' _p~.Kt= 91..2- _ and tsao.k..2!tJ.>.. t~a'r;e..J2~,.- .................. ......... .. .. _. __..
-_
A mat) showing fh-, nl>ava; descriLed rn -~.lleecl
p per ty Is rcenrded in 1?l~ti~ P,ook . fi.8..
7 C1 ILA V1: AND 'l0 IIQLI) 1.he nforesni, _ _ _.. !>uga:... _!~-`~$.........
the Grar[twa in fne ailnpla. -1 lul, oc parcel of land and all privilr-ges and uptLUrtenances thereto hclouging to
' Arid the' (~'antnr cavenaftl., with the C;r;{ntee, that Gr:nfi:rer is scizcd of the premises in fee aim (e,
fhe R , L !ee simple, t1)at title is mark nt:ablc rand fa-ee and clear of all encutnL ranccs, :1)µL that. (7 r:uitor avill warrant nod
dc(eu(1 the title ngai nst Lhe Inwful clai:us of xll persons w}iom saev er excert. for the exreht.io t,s L'crei n~ifterlstntc ht to c:ntvey
Tille to Lhe it roperly hcreinabove de;ecribed is subject to the following exceplions-
1_ Gx('.t~pl-iuns set forL'tl on Art:ar}ampn[' "A't..wltich ar.o incur'pc)ratud by reference.
' L • A(I va t orern Cars for 195x9 .
[N W12Nt-iS tiV/r t:1CLt)H', toe (:r>a,tur h>s he rrUnLU 1.ks lannd a exl, ., ar
a e
a4o vs {Lten,
' or POr ~[~• Waco by Its Anly nnlhorlrea oliicers anal lls evnl Lo rbn hercun[n nfft>eed by wu,hUr([r~a p' lass ca „n un.e a n r
~1 / Y r Iti rlo and o(Ir1>ILC>e loY th tea ~ rrC
____ ___ ~c{p [__~A_( ~pr s. re tlxYO nd Y 1
I.o rn [r ,•+ __ __ A[IfnA~
tu.r _„an.rl ---~----------- .a Ash earl ~~" ~~_ _ rT-!%-l p.
p- p~l~ikin7 Fime-il lsr`"~likint_nLi
------- J1~y~ = -
--- ~ d~~ ~_ - _
M~rjor.i~ A. Piphiit-~ ~~^rJ
A2T EE 2: _._..____ U /
"•: _____
.
' !'-<-~~,~_..ar.a: ~__ _Y-~Y_'--_ I.l.)1 .,ra rr °rx.l ____{rlalYCJ____ ~ .. ___________ _____________._______________________________ISLA L)
w e
• : i
S . s n Nn. uh [
- Inry r uc o tlLC count R`^f LE
'- z Y anti scats aloresa:d• rrrury Iz.Rt ~ }
-_ '"(Jirl.~~• z[xs1_Ma ~-alne~cl_/.-~--Eit:llci.Li.----_ _
_ y r 3sa>;ie__A_. 1 i.Pkin,._his_szi~n__
' '//i F^r _ ,••~~`'`` _ a Verson glfy :anpcared Lola YCt ulc Lltis d.tY n nckna wlca_-__'--'-"-""-------_-___--- ~-- -- rranc :,
r,111 ;t1. '~, ~ hand n JL/J~yl Eed Liae a el[eion of tk,C fu reg Wing to stru nL Oa, t~ 4~'iLn
., ,.Lila+~~, ,d of(IChll s(a n~. . rt1, rlll> ( 1. rr ta] nLY

scAl,_sTnntr
Tl.e f
_ __ ___ axY or ____._ ..Ianllaz_y__
__
---- - ----- [~ 9
n1y r.n.ur[.l.ylr,=. exi,irrr a 9 ..
~2/ago-------------- (/j/yj~
--~-'--=Q .l: `'a~u~~--- NoiarY t'u41ic
N O1LT3[ (:n l[[)L[N A,
- ------'------"-- ------ con,aty.
1. a Natxrr r„eur .•r oar cnaauty Rnd sta r.r am rrsn ln, ecnLt~ nut _ _
sL i•craonnllY rnn~.~ hrr•[re me ttals day ~-~---------'-"
and a~lcnowlca -'"--'•
`^ gaA Lllat .. hr Is
'-------------------- - ~ --- --------------------- scecrealr ar
Nlvcn w,1.1 __________________ R N.rrll. (:a rl,lin.'1 c,rVnrn clan, wn(1 Iltnt by nnth CrlcY duly
c7 ae ihf act of the co ry t•fatlon, Lhr 1Urrg nn,S In9lr«na cnt x ,
t'reslae wt. wexled 'ns sla a[Cd in ite raanLC by Its
•vktAl ila cur{.uiate ArR{ _ .______________
~ and nttestea, by ____'-_ __ as {t>
___...
tl'Itn ecx LnY hnnd and otflcl.v alanl{r ----~~------ -------- Sccce they.
vI ~c~ tl.la .____dRY of
__.
____________________
nlY commksr {.L,. oxylra:a: ----- -- . _ ...
. .. _ ___....,.~>,Sr a,r _ _ `_ _ _l_____ ______~ ~ -~__ _~~__________ ___________ Ne[ rY Fublll
_____ _
_-_ _.. Q-(-.~- ___~ ~_ _~
~~____j/l./Q _ _____ __ __ ____._. _ ____ _ __ ___ ___________
c(~ c~ z
----- k_:r ---- - ~- _ _ - ----- __
-- -. - --.c-,~1------ - --
Is:nrr rrrUrl r.[ m Le ea rrc d. - - - ---------- _ - - ------- --.. ... --- ---
n1sL 1,>rr) nr. T[.la insarnmrnt /n'n~.l n,f~ cer[Lttca[~ arc dul,v rvrls le red nt n,r nn[e xna nme a~_---_-_-_-~ __- ~__-__-~---- -
,___--_ /~Iti .-'^ -~~---f-/a ~_ - / ,_ \`,sd !n the IIouk a.d P:aLt chow[, .•n tlaC
Hs- __l__-l~~1~1 E'.--~~____ _ __ __. __ _ 11-U25Trilt O4' 1LGk:1)S F()i[ \
J - [ _ 1'~
----- >_CJl)L,ty/Afi51>l:,nl-1LCglsacr Uf 1[ecdi
n.. l^ I1'lr Vlc' 1~.. ;, N.. l ~i 197ti_ 1(t~ai.r.l .{i tU] ~..,wu
.. _., , . n c. n,,. n.,., ~. .tn, 7 ... ~,. ,,. x, c... i. ...,. ,n. v....,.... .. r.:r s.
' g~d
Z£E L SLb-ZSZ
iIl sulggo~l "Inl uuor a+,r"r,r, ,,,, . ~ ~__

u
n

LI
0
0
ii
u

100 aced S3IVIOOSSV'93191f1b-ol ZE£l SLV ZSZ-wo~j weZS~60 9002-1Z-Zl panlaaaa
gttach,nent "'q"
to the
Feed Fiom f'ipkin to Skyco L?eveloprnent Companya[r.liC2 3 6 Q~i C)
llescription oftha property conveyed. [\
13EGIIVNtNCi at a concrete monument (control corner TV 789021 .CiR2 Feet. E: 7!JSII,)Z2-312 acct)
lying and bring cat the VVes[ margin pr' ri5ltt-of--way of NC 345 leading Front 11,1anteo 10
l'Vanchese, said rrwnumenY also lying in and marking the Southeast corner of the properly herein
described and the Ivor-theast corner oI' [ham property nov,.• or formerly o~vnCC! by (roaster[
Contractors of the Outer Banks, Inc- (Deed Rook [ 186, ('age 893, Dare Registry} and said
marker lying the following course and distance from NCC;S mvnument "Wanch", (N:
788089.887 Feet, E' Z9922';Z_g67 feet) North 52 deg. 24 min 49 sec_ West I,S27.6~ feet;
TIICNCi?. t~KCJM '1HE >3ECiENN[NG POIN"f SO LGCA7ED and rt+nninR along the North Iine-
ufthe lands now or formerly belonging to Coastal Contractors cif Lfie (")cater Banks, Inc. South S I
deg. 52 min. 40 sec 1Vcst 2, 130-fib feet more or less to a pipe at or near the intcrseGion of
f:harleg Creek xnd a ditch; thence continuing; alo,tg [he North tine of the Coastal Contractors land
and turning and running South 45 dcg. 1 A thin OCi sec. West G86.25 feel to a point lying can Ixnd
South nf, but near, the mouth of Charles Creek; thence turning and running; across Cherries Creek
in a general Northwesterly direction and fctllctwing the various courses and nteanderin#s of -Ite
high water mark of Charles Creek to the high water mark of the Croatan Sound; thence
continuing along the high water stark oFCroatan Sound its various courses and meanderings In a
genera] Northwester€_y then N<trtlteast.eriy direction to the center oFthe mouUr o[ 1-ic~LVard Creek:
thence twnfug and nrnning along the center of Howard Creek and along the South line of Che
{tenets now or formerly belonging to Shirley Ann Guthrie (Geed Book 1 I4, 1~age 31, Dare
Registry) a general i\tortheastcrl_v direction to a point which is the northernmost point of tha 1'Vest
Tie Line shown on a map or plat entitled, "S,urvey of the Hasse[I Tract. for Skyco Uc~•clopr~esrt
Company, LLC," dated October 20, 1998, lxepared by Wesley h2. Meekins, Jr., 1~L5, recordul
in Plat Cabinet Slide _ ,Dare Registry; from said point thence continuing. along the
center oFNctward Creek and the Guthrie lands North 55 dcg. 30 rnin. 4< sec..Cast ISG.Zf feet to
a pain[; thence turning and continuing along the center of a ditch and tf,e Vuthrie lands Nurtlt 00
deK. 04 min. 20 sec. West. 8.5.7fi feet to a point €ying in the center of said ditch; L}tence turning
and continuing along the center of said ditch and the Guthrie lands North 3~I deg. 38 thin. 4G scc_
Last 182.45 Feet to a point lying in the center of said ditch; thence turning and can[inuina slung
the [:enter line of said ditch and the Guthrie lands Kurth 50 deg ?_4 min. 4 ( sec. Last 39G. I 1 Feet
to a point lying in the center of said ditch, (hence turning and continuing along the center line of
said ditch and the Guthrie lands Nortlt 3I deg. 50 min. 40 scc. West. 94-SZ feet to a point Iyinl.; in
the center of said ditch; thence continuing along the center line of said ditch and the Guthrie
lands North 27 cte6 21 min. Z4 sec. L:;ast 232.74 feet to a point lying in the center of said ditch;
thence continuing along the center line of said ditch and Lhe Guthrie lands 1\orth 45 deK. 04 min.
35 sec. East 190.17 feet to x point; thence turning and running along the Guthrie lands North 17
dcg. 44 loin. 3fr sec_ West 19.3y fee[ to a point; thence turning anti nrnning along the Crutl,rie
{ands North 44 deg. 37 min. I4 scc. F.sst t i_97 Eeet Eo a point; thence continuinK the sarnc course
4J6.98 feet to an old axle (ying in and marking the Southeast corner of the GrtUuic lands, the
Southwest corner of the lands now or fontterly hclauging to Skyco Developncent Company
(Deed Book 1 t 75, Yage 186, Dare Registry} and the Northwest corner of the lauds nmv or
formerly beic~nging to Dare County (Deed Book 332, Page 321, Dare Registry); thence turning
and running along the West line of the Dare Cowrty lands South 4S deg
feet to an iron pipe; thence turning and running along the South line oFtl e €ands4,f I>are CotmCly
North 44 deg. 37 rain, 14 scc, East 200 feet to an iron piT,e; Ehence htrnirtg and rurcuinK along the
L d i;££L 5Lb ZSZ III su~49o?I ~1n1 uuor

800 age
d S31V130SS b83191(18-01 ZEEI SLV ZSZ-wo~j weZ5~60 9002-1Z-Z1 panlaaa
a
' Liasl line of the lands of Dar
[nu nument l
i
i e County North =15 deg_ 22 mitt. 4t5 scc `~`esi 200 feel To a concrete
y
ng
n and mar
and running along the Scnrth king the Northeast corner of tftc 1?erB Connty IanCIS; LhetlCe CUrn7nL!
line oEth
l

Company North 44 deb
37 e
ands now or fonlterty belon};ing to Skyco Dcvclup[Ttenl
i
14
.
m
n.
sec. East 777.60 feet to a rehar lying in and marking the
West margin or right-of--way of~ NC 345
said line alto
asse
th

monument lying the opposi ,
p
s
roul;ft an existing concrete
te course 57 feel. from the existing rehar aforementi
d

turning and nFnuing along th one
; thence
e West margin or right-nf-way of TIC 345 the follo
i

distances w
ng courses and
' ] . South F2 deb. 24 min
2
S
th 6J d . 48 sec. l=ast 50,65 feet to v point; thence
.
ou
eg. 29 mtn . O1 sec. East 182.56 feet to a point
thence e~
3. South 75 deF;. 30 ruin. ,
X17 sec. Fast 129.92 feet [o a point
thence ~
4. Soullt 7< deb. 28 min.
S ,
07 sec. Last Z54 15 feet to a point, thence Fv
' South 70 deb. U3 min. 23 sec. Sast 3135 SG leet to a pitint; Thence C.J
6 South 57 deg. 53 min. 49 scc. Envt 95 3 1 Feet to a point
thence C7~
7. SoutL 52 deg. 30 rain ,
25 sec:. Easi 97.54 feet co a point
thence ~
8. Soul.h 49 deg. 23 min. ,
OS sec. L•'ast 21.77 feet to a paint
thence ='

' 9. South 415 deg. 0I min.
10 South 41 deg. Ot) min. ,
48 see. East 75.08 feat ut a point, thence _~
50 see. l=ast 96
83 Feet to a
oint
[h

] 1 . South Sri deg. U7 min. .
p
,
ence ~
3G sec. East 97.57 feet to a point, thence
l2 Snutlt 31 deg_ fl9 min. l 5 sec. East 96.92 feet to a point
thence
13. South 25 deg. 31 min.
14
S ,
3 1 sec. East 98.39 feet to a point, [.hence
' .
aulh 19 deg. 37 min. 07 sec. East 96.fi3 feet to a point
thence
1 5. South 13 deg. 17 min. ,
45 sec. East 97.48 feet trt a point.
thence
!6 South !O deg,. IS min. ,
06 sec. Last 26.52 feet to a point
[hence
17. South U7 deg. 51 min. ,
08 sec. East G8 3G feet to a paint.
!hence
18 Suulh 03 deg. 35 min. ,
S i sec. East 97.77 feet to a point
ehence
19. South 04 deg_ 24 min. ,
48 see. West ] 33.43 feet to a pout.
thence
2t). South 09 deg. 28 min. ,
3G sec. West 61 .97 feet to a point
thence
21. Scnilh I 1 deb. 74 min_ ,
S9 sec. Wesc 48.92 {eet to a point
thence
22. South 12 deg, 1 U min.
23 S .
55 sec. West 32.39 feet to a point, thence
' outh 1 2 deg. 38 min. I O see. West ; 67.88 feet to a point
thence
24 Soutlt ~J} deg. 41 min. ,
U7 scc. West 102.71 feet to a point
thence
25. South 02 deg. 38 mi
I3rC~FNNING_ ,
n_ 47 scc. Lest 290.09 feet 'f0 THE POINT OR 1'LAC:L OL~
'T'his tract is further dcscrilted and shown un that certain map or plat entitled, "Survey of the
flassell Tract for Skyco Development Company, L LC," prepared by Wesley M. Ivleekins, Jc,
KL.S, dated October ZO, 1998, and recorded in the olTicc of Lhc Kcbister of Deeds of- Dare County
in Plat Cabinet _ at SIicie _
' "fF{ERE tS .~LS(7 CC)NVEYEf7 FIFRFW(TI3 all those lands described as the "First 'free["
included in the 1Jeed into /~shmead Pringle Pipkin from W. Renton PiPkin and wife, Ruth P.
F'ipkin (C~ccd T3ouk 237, Page 942, []are Registry) and the Deed from L. I'ttucston ~'Voodford and
' wife, L-:velyn L. Woodli~rd (Deed Rook 24 1, Cage 723. Dare County fLegistry). The "Second
Tract" described in those two feeds is not conveyed herewith.

fl

1
1
1
1

Z££L SLR ZSZ
III SUIg4U?J 'tnl uu~r .~.~.~ ,.,. .. ,. . , -- _

200 aged S31VI~OSSV~3l81f18-ol l£Sl 51V Z5Z-moaj we~~:Ol 9002-1Z-Zl paniaaaa
Skyco Development, LLC
Memo
To: ENVIRONMENTAL PERMITTING AGENCIES
From: JOHN M. ROBBINS Iil, SKYCO DEVELOPMENT, LLC
CC: QUIBLE AND ASSOCIATES
Date: '12/2112006
Re: LETTER OF ENGAGEMENT
This letter authorizes Quible and Associates to represent Skyco
Development LLC in the permitting of the "Skyco Project".
If you have any further questions, please contact John M. Robbins III.
252.423.D516 cell
john(c~imrobbins. com
~~ r
hn IVI. Robbins III
Skyco Development LLC
1, 12/212006
Z~d 7.S~L L'4J+i'7C7