20061909 Ver 2_CAMA Permit Application_20080215

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Quible & Associates, P,C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
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
Mr. Jennings:
P.O. Drawer 870
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F~az352~~~-TL60 " •
PRINCIPALS
Sean C. Boyle, P.E.
_-,.~.a,~ Joseph S.Lassfter,C.E.P.
;,J.v p Eduardo J. Valdivieso, P.E.
AssoclATEs
_ 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.
F'~~
Brian Rubino
CC: John Robbins
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FEB ~ 5 ZC~~
O ~pSTOR~ ~R~pyGH
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' CAMA MAJOR PROJECT
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

i~
' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
~I~hi~ permit application involves the development of a 46 homesite boating oriented
communih~. "Ashbee Harbor Cluh". 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 mane technical aspcets associated with this project.
The Site
I~:zistinl; Conditions
' The subject property is a 171 acre tract located on the Croatan Sound and is accessible by NC
,45 in Skyco, on Roanoke Island, Dare County, North Carolina. "hhe project area (proposed
development area) is a 33.(~ acre section within the subject tract. Sheet 1 depicts the entire tract.
Sheet 2 focuses on the proposed development area. Identified on Sheet 1 are three canals/
creeks that have historically been permitted to be dredged and provide a consistent water depth
' of -5 ft, based on norn~al water level (nwlj. 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.
performed by Quible & ~ _
~~~
.Associates, P.C. (Quible), has 'g .~.-
been confirmed by the US ,__ __ -~~-~-~--- - -
nrmy Corps of Engineers ~:___ - ~- ~ ~~"'"° *~~~~°` -~~
(l 1SACE) on March 29, ?004. ~~~ .~ ,~~'` ,~ ~''~ _>:~> -
~I•he majority of the Section -~- ~ ~ ~~
.~ • /-~ a ~, -~
~I()4 wetlands on the subject rr~, ,~. l -~~~ ~ . 4'~
„~
' tract are coastal wetlands as ~, ~', 4<~3~ ' ~"' ~' ,~~ ~'- E, ~ ~` "
identified b NC Division of ~'~~' `~~~ ,, .'. ' `€~~'~,; ` ~'`. ~`~'~_ ~~._ '~~
('oastal Management (DCM).
Current view of the Property' looking west.
PAGE 2

i~
' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
- _ ___ - _
Hist~-rv ~-f the tiit~•
L Cununrrcial usc~ ul~the ~ru ~~scd de~~l~>>ment arcs included the estahlish~r~ent uf~the Uare
1 p 1
' 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, Skyco is a village of low density residential houses.
fhe waters of the Croatan Sound adjacent to the property are rel'en-ed to as Ashbee I-larbor.
' The name Ashbee Harbor is derived from a former prominent land owner, Solomon Ashbee.
~~~ith his death in the early 1800'x, his wife sold a large portum of the sound to sound tract to
Marcus Lafayette Midgett who relocated here from Bodie Island and Stumpy Point. A partner
' in the project, Johnnie M. Robbins ,lr., is Mr. Midgett's great, great grandson. Mr. Robbins'
mother resides across the street from the property in her grandparents' home. Johnnie Robbins
lives on the parcel immediately adjacent to the proposed pr~~ject. The Robbins' family history
~~ tied to this land.
?Marcus Lafayette Midgett's tract included portions of the currently proposed project. His land
~nclud~d accc~s t~, Iloward's Crock (Listing Canal /~). and Charles Creek (the l~,xisting Canal
PAGE 3

i~
i' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
C ~ ). Charles, for 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.~itayette's great granddaughter, states:
"l 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 Napoleon was the big farmer in the family. Louis
Napoleon had the farm in front of the Blivens' that runs out to the present highway.
This farm was worked by his children: my father, Marcus Lafayette Midgett, and his
brother, I.eo. 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 drum. Also, oysters were caught in the fall of the year and dumped by
the cartload in the shade. "These oysters were gotten from the oyster beds located to the
south of Skyco nearer the saltier waters of Oregon Inlet, on the other side of the
' Roanoke Marshes, and Broad Creek. The most productive bars were down south of
Wanchese, and in the waters of Broad Creek. They never took oysters in Ashbee
~ 1-Iarbor or the ditches connecting to the property, because there were none."
PAGE 4
Late 1930's view of airport which occupied the site.

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 regazding "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 LAMA regional office in Washington, NC on Mazch 13cn
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 mazina basin, has been greatly reduced. Many of the
revisions to the project aze described in greater detail below.
PAGE 5

' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
1
^
ASHB~~ HARBOR CLUB
RC~ANOKF ISLAND, NC
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r -~~,r
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EXISTING CANAL "C"
EXISTING CANAL "A"
' Rendered master plan of proposed communih~.
I
PAGE 6

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
Natural Resource lmpacts
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 700 linear feet. This reduction is proposed
to enhance flushing.
• Lot owners without water frontage will have access to the basin azeas and boat slips by
designated easements.
• Installation of bulkhead on the landward side of the canals to alleviate agency concerns
of side slope Bluffing and associated turbidity.
• Removal of the 6-foot wide, 8881ineaz foot boardwalk that covers (partially shades)
5,128 squaze 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 (inf`iltration
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-l 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

' CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
' Low Density Certification
' The ro~ect will not to exceed 25% im ervious lot covers e, and Low Densit Certification has
P 1 P g y
been applied for. See Sheet 2 for more detailed information on calculations and individual lot
coverages.
Stormwater/Grading Plan
' An innovative stormwater/ adin lan has been desi ned for the ro~ect. The lan ca tunes all
gT' g p g p J p P
' 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 stormwater. 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 basin/canal to provide boating access to the
Croatan Sound for the community's 46 property owners. The only associated active marina
PAGE 8

t
CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
~ --
' service is a proposed pump-out station. Thcre will be no fueling facilities, haul-out or repair
service areas, concentration of boats, and transient slips typically associated with a "marina".
t 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 pernlitting agencies in a Scoping Meeting held on March l 3,
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, l SA NCAC 07H. 0208 (b)(5)(A) states:
"Marinas shall be sited in non-wetland areas or in deep waters (areas not requiring
PAGE 9

LAMA 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 far 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."
The proposed marina is unable to meet the first alternative, a marina "requiring no alteration of
wetland or estuarine habitat." However.. 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
the excavation of 2.6 upland
acres and includes 2,409 feet of
linear canals that are to serve as
the boat basin. No further
wetlands are proposed to be
excavated or impacted by the
marina basin. The waters
adjacent to the proposed project
in Ashbee Harbor and the
surrounding Croatan Sound are
deep water and do not require
dredging; thus, valuable
shallow water habitats will
remain undisturbed. The only
View of "Canal Connection A" dredging of jurisdictional
waters that is proposed is the
excavation of 3,161 sq.ft. of total Section 404 wetlands, including 2,47? sq.ft. of coastal
wetlands and 689 sq.ft. ofnon-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 10

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
~~`~ • After listening to the comments
T . ~~ ~ s
~.
t ~ ' -- during the scoping meeting
~`~ _ canal cuts are limited to "Canal
.~ ~ 3
_'~- '~= ry `~ ~~~ ~: ~~, ' ~ P ~ A" and "('anal B". Canal C has
'~ '~ M "~t ~k~~ ~~ ':. ,' ~~~ ~~ ~~ ~~~ r been eliminated. The cuts at
•~~ ~~ ; :` '~•~ these locations were designed to
f f ~ ~ '; ~ ~ , ~ ~' ,~ minimize the impacts of the
~`~_;§_ ~ '~ ~ Y § } dredging necessary. At Canal
~; <:~ 5 ~~,` ~~. ~_ ~ ~ ~ ~ ,~'~:~:t- A only 163 sq. ft. of coastal
~'~=~ .'~*~ _ ~'~+~ r ~ ~ wetlands are to be dred(~ed, and
~ ~. ,~, _ ;~ ~-. 3 ~ ~~~ at Canal B ,309 sq ft of coastal
~~ ~
4 ~Ar ~` :.~ ': ~, -~;,. '=~ ~3- wetlands are proposed to be
~~~~~~~' :~ ~;~~" ~ dredged. At Canal B, to reduce
the impact and as suggested by
View of "Canal Connection 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.
The navigable channel/bulkheaded cut is 25' x 12l'. A channel less than 25' would be a
navigational hazard. Prior to this current proposal as presented at the March 13, 2007 scoping
meeting, three Cana] 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). 1'he existing canals
have natural curves and are
bordered by tall grasses, mainly
black needle rush (Jur~cus
r~~rneriur~r~s), marsh hay
(S~arlirTU pu~ens) and some
giant cordgrass (SJ~arli»u
ul~e~•t~iflora). Visually, these
tall grasses make navigating
View of limited navigational width "Canal A"
PAGE 1 1

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

the canals difficult and because
of their «tidth, the canals only
allow one wav boat traffic.
"l~hus, two points of access are
required. Canal A will be
dedicated for boats coming into
the marina and Canal B will be
dedicated for boat traffic leaving
the marina.
The depth, -5' m~~l. 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 acarmrnodate disposal needs for future dredging if they arise.
In addition to the pumpout station
throughout the marina, notices
will be posted prohibiting the
discharge of any waste from boat
toilets and explaining the
availability of information on the
pump-out.
The 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 marina will be limited to 46.
PAGE 12
View of limited navigational view "Canal A" due to
tall grasses and winding canal.

1

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB
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
configurations 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 aze 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 pariiculazly true in the azea 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 13

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

1

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 15ANCAC 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

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) anal 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 1.8 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 l SA NCAC 18A. 0911, 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

CAMA MAJOR PROJECT NARRATIVE-ASHBEE HARBOR CLUB

1

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 l 75 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 l9, 2006 along with 2005 NCDMF shellfish mapping data that
there are "no known harvestable shellfish" in the waters surrounding the proposed development.
The 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 1 SA 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 l SA 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 sim le access channels docks and wharfs and dred in are
p g g
' 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 17

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 f eld 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
1
CCM M~-1
APPLICATION for -
Ma~or Development Permit ~` J~~
(last r®vised 12/27!06) ,....,.._. ~ y
~ ~ p e Y ~ North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicand~Landowner lnformafioft
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
!f additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1 Sailfish Drive PO Box City
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. Agerrt/Contracfor~tnfo~matr-__ _ - -

Business Name -
-
Quible & Associates, P.C.
AgenU Contractor 1: First Name MI Last Name
Brian D Rubino
AgenU 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 - - ems.
FAX No. Contractor #
252 261 1260
Street Address (if different from above) City State ZIP
8 Juniper Trail Kitty Hawk NC 27949 -
Email
[e-mail]
<Form continues on back>
o ~~p~1~ D
F ~ ~ 5 2008
252-808-2808 .. 1-888-4RC®A5T :, www.nccflastalmanageme t. , ~tQUPl1~ GH
pcw~ • ~v~~~~1WA~R BRPJt
~~pS ANO

1
1
1
Form DCM MP-1 (Page 2 of 5)
- ~ _ - -- -
APPLICATION for
Major Development Permit
_
:t. r f~cat~a~n
s
County (can be multiple) Street Address ~ State Rd. #
Dare 345
Subdivision Name City State Zip
Skyco NC 27954 -
Phone No. Lot No.(s) (if many, attach additional page with list)
- e~• see proposed lots on plat, ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Croatan Sound and manmade and natural ditches/canals
including Howard Creek, Charles Creek and an UT
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ®Manmade ^Unknown Croatan Sound
e. Is proposed work within city limits or planning jurisdiction? f. !f applicable, list the planning jurisdiction or city limit the proposed
®Yes ^No work falls within.
Dare County Planning (Community of Skyco)
--~
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? i. Is the proposed project consistent with the applicable zoning?
R-1 Residential (Attach zoning compliance certificate, 'rf 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?
1. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No ^NA
National Register fisted or eligible property?
<Form continues on next page>
252-808-2808 .. 1-888-4RCAAST :; www.ncc~astalmanagement.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. Descn'be existing storm water management or treatment systems.
No existing stormwater management
~:°'//~ ~"°' aeFA" ten/ Y~r a :gig ,~ ~ c _' ~ ~' a+r ~- - a-: r- m
,- _ >_ _
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 five-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. Canal Connec#ion 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 lot);
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 :. 1=888-4RCUAST :. www.ncc©astalmanagement.net

' Form DCM MP-1 (Page 4 of 5)

1

1
APPI.iCATION for
Major Development Permit
i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA
If yes, witl this discharged water be of the same salinity as the receiving water? ^Yes ^No ^NA
j. Is there any mitigation proposed? ®Yes ^No ^NA
If yes, attach a mitigation proposal.
<Folrm continues en har_k~
G ~ -, - ~~' a~lnfo,rma ~o~ ~ , ~g r -- ~ -
lrt a' (h4 e ~"corrple~Pd a~~plic~tio~`o ~ ~d71 fl - '~~~"~
. . ~~low of a~~~il~c~~h ~~a b~i~((ed ir9 ostler fo~Yh _ ( ~
Fr~e~'c ~ , g ~let~ (j~nis (~) , ~(J ~ ~ r ~Lek,~lo~R7Prlf 3pph roh, ~ aase c~onsul~;the anpG~ej a ~
in~)i, ~n ~IOLJ~"tn properl~,;nr'e dre r e ~ ~., ~'"~ ,
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.
a-: iR - l~f D1~i ~y ~ ~;s ~ ~ ~ ~~1 ~is .I ~: a ~ ~ r^ :_- ~.wr
o- ,
P,~ y
s .. 4
. e ~ .s. eAS ~C~ r ~~, k~. .y } z n .i~~53
_ .~,
Name Rex Tillet -~ --" _ - o. --~
Address P.O. Box 2313, Manteo, NC 27954
t~., seek
.f~ ~ t ~'
a ~ ` ~, ~ _,, ~,,= ~ '` s
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.200411117)
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, if 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.
understand that an ~"' ~ '~_~` ' ~ '~" '-~ -~ w -
ypermit issued in response to #his application will allow only the development described m the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date MAY 11 , 20~~ Print Name L LL- ~G~-cam, EL.c.
Signature
2 -2-808-2808 .. 7-888-41RCOAST :, wwur.nccoastalmanagement.rset

' To Whom It May Concern:
Due to Skyco Development Company's liability associated with our
r 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.

' Form DCM MP-1 (Page 5 of 5) APPLICATION for
Major Development Permit

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

1

' 2 i~'808"2808 °• ~-888-4RCOAST :. www,ncc°astalmanagement.net

Form DCM MP-2
~ EXCAVATION and FI
LL
' (Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM- MP-1. 8e sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Channel Other
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
'
NWL) Breakwater shoreline
t
bi

A: -30 s
a
lization
)

Length (varies),
B: 136 2,409
A: ~35
Width (varies), 46 avg.
' B: 25
Avg. Existing
Depth
A: 0, B: 0
0 __„ ~ ., -
k
,
Final Project ,,
`~ ~~
Depth A: 5, B: 5 5 f ~ _,
~
r .~'~,~
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 wetlands/marsh d. Hi h- round excavation '
CW , submer ed a vatic ve etation SA g g in cubic yards.
( ) 9 q 9 ( V), shell bottom (SB),
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.ff. total (2,472 sq.ff. coastal wetlands
and 689 sq.ft. non-coastal/non-riparian Section 404 wetlands)
''
I` JJ~ ~' I.S
4 a. Location of disposal area. b. ~ Dimensions of disposal area.
The material will be side cast and dried prior to utilization of see plat (side cast near canal edge prior to spreading on
' the material for the site (incorporation into the grading plan) site)
c. (i) Do you claim title to disposal area?
®Yes ^No ^NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
^CW ^SAV ^SB
^WL ®None
d. (i) Will a disposal area be available for future maintenance?
®Yes ^No ^NA
(ii) I# yes, where?
center of the property (common area)
(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$8-4RCDAgT :: -r~nvvsr,nccoastalmanagement net revised: 12/26/06

' . ~Ort~n ®CA1i MP-~ (~xeavatiien ar~d :Fill, Pace 2 0#' 3)
• (ii) Describe the purpose of disposal in these areas:

! k~ ,' U ~ ~~S ~ [{~~ 1 u~ ~' ~ Ths~~Ctror~ot app~~c f~l~~
a. Type of shoreline stabilization: ~b . Length: development side edge of man made canal 2 429
•

' ®Bulkhead ^Riprap ^Breakwater/Sill ^Other: ft
Canal B connection: 272 ft (both sides)
Width: 1 ft

c. Average distance waterward of NHW or NWL: at nwl d. Maximum distance waterward of NHW or NWL
t
l
: a
nw
e. Type of stabilization material: f.

i i
() Has there been shoreline erosion during preceding 12
v
nyl sheeting with wood piles and girders months?
^Yes ®No ^NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. T e of fill
yp material.
Bulkhead backfill none- Canal B connection bulkhead will be free- N/A
standing to avoid additional wetlands impacts Riprap
Breakwater/Sill Other
i. Source of fill material.
N/A

a. (i) Will fill material be brought to the site? ^Yes jBNo j]NA b.
If (i) Will fill material be placed in coastal wetlands/marsh (CW)

yes, ,
submerged aquatic vegetation (SAV), shell bottom (SB), or
' (ii) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the
i~~
("") Dimensions of fill area number of square feet affected.
(iv) Purpose of fill ^CW ^SAV ^Sg
^WL ®None
' (ii) Describe the purpose of the fill in these areas:
~~ ~ ~ ~ ,, -

a. How will excavated or fill matenal be kept on site and erosion
controlled? b. ~
What type of construction egwpment will be used (e
d
li
.g.,
rag
ne,
backhoe, or hydraulic dredge)?
' An approved SESCP will be preparedand implemented. Dredge
spoil will be placed into staging areas prior to being utilized for long reach excavator and bull dozer (for initial upland canal

on-site fill di in
gg g)
c . (i) Will navigational aids be required as a result of the project? d.
®Yes ^No ^NA (i) Will wetlands be crossed in trans ortin a ui men
t to
P 9 q
ro
t

(ii) If yes, explain what type and how they will be im
leme
t
d p
jec
P
site? ^Yes ®No ^NA
p
n
e
.
Channel markers will be installed along the Canal B connection. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts

There will be posts with high visibility reflective tape on both .
sides of the Canal B connection spaced at 50 ft intervals.
'252-808-2808 :: 7-88$-4RCOAST :: wwv~r.nccoastalmanagement net
revised: 7 2/26106

+ ~ 30 ~08
Date
~skbec ~arbo~
Project Name
Lee 1 fwgw2~~
Applicant Name a ~~"'~'
~~ ~C~ ~02
Applicant Signature
a~~ ~{1+.~°SV~~ d v~+G r.4-~J i-~7 .~ L~:~tr'i vs,iii.GUSia..iia~i•e!'8 c-iiict7vo~lu,.-.13~7: ~ i~i~... if,i~:rJ`

' Dike
~,.: ~-
'252-808-2808 :: 1-888-4R~OASY :: www.nccoastal+nanagement net
revised: 12/26/06

Form DCM MP-3
~ UPLAND
DEVELOPMENT
' (Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
' f L~ ; Pd.~ISIl~~DE~t/I~LQPJMIENT fi - -~- -
a Type and number of bwldings, facilities, units or structures b. Number of lots or parcels. - _ - -
proposed.
46 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) d. Size of area to be graded, filled
or disturbed includi
d

. ,
ng roa
s,
ditches, etc.
0.26 units per acre based on the 171 total acres 24.9 acres total. This will be addressed in a SESCP to be
submitted to DLQ after the CAMA submission is accepted
as complete
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an ero
i f. List the materials (such as marl, paver stone, asphalt
or concrete)
s
on and
sedimentation control plan at least 30 days before land-disturbing ,
to be used for impervious surfaces.
activity begins. asphalt and concrete
(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:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
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 lot within the 75 ft AEC,
based on a maximum AEC coverage of 30% per lot
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
--
j. Describe proposed method of sewage disposal.
' The development proposes individual on-site septic
treatment systems to serve each residential lot
h. Projects that require a CAMA Major Development Permit may also
require a stormwater Cerf'rfication.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
^Yes ®No ^NA
(ii) I# 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.
I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater
state (e.g., surface runoff, sanitary wastewater, industriaU design?
commercial effluent, "wash down" and residential discharges).
®Yes ^No ^NA
52-808-28082: 9-888-4RCOAST : wwvv,nccoastalmanagement net
revised: 12/26/06

Minimal surface runoff
m. Describe proposed drinkiny 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, 19J9. The 46
lots have not yet been subdivided
If yes, attach appropriate documentation.
n. (i) Will water be impounded? ^Yes x 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
~ Bolos
Date
_ QshbQ~ ~arbo~
Project Name
eeT~ Weld
Applican ame ~~ ~Q,_
f ~~
Applicant Signature
_ ., _
-.~, %t?~-•?:~+~ a-v.~;i•-iLi{;,°,~d ,IY~I.},31i;tiG6....tilYil:yif-fq~n~r-d3c fi"

~~®rlrn DG~tI IVIP-3 (Upland ~evefe~piment, gage 2 ®# 2)
Minimal surface runoff
' m. Describe proposed drinking water su I source e. .well
PP Y ( 9 .
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
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
252-808-280$ :: i-888-4RCOAST :: www.nccoastaimanaaement net revised: 12/26/06

,Form DCM MP-4
STRUCTURES
' (Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
' Application that relate to this proposed project. Please include all supplemental information.
t- - _ ~ r
'T ;DiO,G ~ G~LI~`lAr~ll!tfA}Cf~~4''f~~4~~ERISTf>~~: ~ ' ,pTh~ct~©n r~ct~'ficable
.>:.
a. (i) Is the docking facility/marina: b. (~) Will the facility be open to the general publ c?
^Commercial ^Public/Government ®Private/Community ^Yes ®No

1
c. (i) Dock(s) and/or pier(s)
(ii) Number 1-connected
(iii) Length Total Length: 3.463 ft
(iv) Width 6 ft
(v) Floating ^Yes ®No
d. (i) Are Finger Piers included? ^Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
e. (i) Are Platforms included? ^Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ^Yes ^No
Note: Roofed areas are caicuiated from dripline dimensions.,
' g. (i) Number of slips proposed
46
(ii) Number of slips existing
,~ 0
i. Check the proposed type of siting:
® Land cut and access channel
^Open water; dredging for basin and/or channel
^Open water; no dredging required
^Other; please describe:
k- Typical boat length: 25' (range: 17'-40'
m. (i) Will the facility have tie pilings?
^Yes ®No
(ii) If yes number of tie pilings?
92 -two per slip (both on the landward side of the canal)
(v) Floating ^Yes ^No
f. (i) Are Boatlifts included? ^Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
^ Full service, including travel lift and/or rail, repair or
maintenance service
^ Dockage, fuel, and marine supplies
® Dockage ("wet slips") only, number of slips: 46
^ Dry storage; number of boats:
^ Boat ramp(s); number of boat ramps:
® Other, please describe:
pumpout (1 station)
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
omen runabouts and larger cabin cruiser tvpe power boats
I. (i) Will the facility be open to the general public?
^Yes ®No
52-808-2808 :; 1-888-4RCOAST :: www,nccoastalmanactement net reViserl: 12/27/0

' dorm ®CNI M!p-4 {Structures, Page 2 of 4)
_.~ ~ d ~ ~~ ~ ~. ~r' ~ r ~tron~Qt~~a~b1e
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 the connect to Croatan Sound
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; no live-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
' 252-808-280$ :: 1-888-4RCOAST :: www.nccoastalmanaaement net revised: 12/27/06

' ~~®rit>» ®CIV! MF'-~ (Structures, Page 3 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. Is the marina/docking facility proposed within 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.
a• (i) Number
(ii) Length
(iii) Width
a• Length
b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
^Commercial ^Public/Government ®Private/Community
o• Number 92
c• Distance to be placed beyond shoreline at nwl (at waterward
edge of pier)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing N/A
d. Description of buoy (color, inscription, size, anchor, etc.)
no buoys
~ - >
~7. G~NEF#~L,; ~ ~d~_ ~ ~. ~ ~ r
-4;,
' 252-808-2808 :: 1-888-4RCOAST :: www,r,nccoastalmanagement net
revised: 12!27!0$

_ f l'G:illlll(y` Ol SiiUi;'t!!1'9(Sl t~J fl:i)_!Gatl~ I1; i_ i18!r! i~i'G!~=1't} {G:~.
I he VVdli:4VdV1N18~ Sy~t:=!'fl IL35 Ull lil r)rUj~ci"if iJOllliClal"±' Gi'i
tll~ I',O+"ti"o,daa'i 3iu5 G; ti~R rJIu;J3ity cr:j;aC:~~i!i i~~ tiles ..a„c~.
i jla c'iCIjuOBifi ~i'Dj~b;i! !c aisG D~.'ilEa L'y' J;yCO
VSvci~~•~ili~ll; LLf:~. ~i III Ib~c?1':rol f1;J31'I~li ~i,'Ou91i;/ Gt!lllci" l0
iila b'•/?jiwuc,y/pl:i' SJa'6iii Dili.;, [ilctel •`~i:fC: ,
LLC is ai.,pro.iiiiaieiy 8ui, ft iC, the nDrti~
~• ~':~`;liilfi} C,fg[fU;3T!IfolSt'iO.:Ci)5!.-tli tl,'~:'IfitiC_i i?!:illtl=
aii(~ru:afii.tielq 1,~+JU ii
h/Clic: F01 ~N.l ~ C~i g7CtOi1„Ct ill%/l~r GL3~ .';iC' Di ~'i:'i')i10 !r'IUIUC~!`7Cr /~;)CIl~1
_~t3e_
_ U~/ICltil C~i !idc?I~1 bGCi~'
iiie I iarrDwas~ 1,+rdth Di tha C;rDaian ScunCi lil ;ills IvDniiOll 1
'~ Ililjc_. Ii'r l'ilSini'si;t, .i; j'r5 iiicNti 3~'=~'/iC;diiOli t::~tl;li?~j Ui'
l:d'Odtd(I SDLIIiiI j~%',fj Iiilj~S
-. ti~+l c~i ~! Ci=~lli'I c~. ~.o~?l~I~h: a!'C! ali~:' Cv _~: i'llOtUl'c ,,.t I',fl I, i, i,! t~,l~,,ill
-5 !i
.: (i) Will navigational aids be required as a result of the i~iojact~%
(ii) ii yea, exi~lain wilau iyt~6 anJ I"iouv iley Gvill be iliipler~lenied.
~. CD7'f l~e~?
a. Give complete description:
~3o~oB
Due
Ashbee N«~bo~
Project Plame
¢.~. T~~we(~
Applicant Noma ~''!}} 2
~O' \
applicant Signature
^ This seciion not ~~i~plicablc

' : ~°erm ®~M ~_~ {Streactures, ~a~e 4 ®f ~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 than 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 waterward 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.
1
I~I ~ ~~~ .. 9 - - _ } - ~y ~ - = i ~r--}dry
a. Give complete description:

1
1
' 282-808.2808 :: 9-888-4iRGOAST :: www.nccoastalmanagement net
remised: 9 2/27108

' ENSR
' ENSR
2 Technology Park Drive, Westford, Massachusetts 01886-3140
T 978.589.3000 F 978.589.3100 www.ensr.aecom.com
Apri127, 2007
Mr. John Robbins
' Quible & Associates, P.C.
P.O. Drawer 870
Kitty Hawk, NC 27949
' Sub'ect: Sin fe and tw
g o-channel hydi~odynamrc simulations at proposed Ashbee Harbor site.
Dear Mr. Robbins,
' This letter summarizes the results of two hydrodynamic model simulations that were developed to
describe the flushing characteristics of two different canal 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
western extent of the horseshoe-shaped canal by 700 feet.
2. Carat A connected to the main horseshoe-shaped carat and a shortening of the western extent
of the horseshoe-shaped canal by 700 feet.
' The bathymetry, summertime wind conditions, and tidally varying water elevation txwndary, used in the
additional hydrodynamic simulations, is the same as that used in prior canal simulations. The dilution
results of the single-canal and two~anal configurations are compared with each other to indk:ate the
' direct effect of carat Layout and design on the flushing ~laracteristics within the carats. The results of
the single-canal and two-carat configurations are illustrated in Figure 1.
The results of the single-canal configuration, illustrated in Figure 1, indicate that flushing is generally
poor. This is particularty true in the western portion of the main canal, as it exthrtds away from the
confluence with Carat A. The flushing simulation for the single-canal configuration indicates that a
ma~dmum of 5396 of the original concentrat~n is predicted to remain in the mairi carat after 10 days of
simulation time.
The results of the two-canal configuration, illustrated in Figure 1, ind~ate that flushing is generally good.
This is particu~rty 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 Gana) B, in the two-canal
' ~ USAGE, 2003. RMA4 WES Versiarr 4.5. US Army, Engineer Researdr and pev Center, Watetwa
etoprr~t ys
Experiment Station, Coastal and Hydraulics Laboratory. 173 pages.
' 2 USAGE, 2005. RtNA2 WES Version 4.5 US Army, Engineer Research and Development Center, Watennrays
Expedmen# Station, Coastal and Fiydraukcs ~_ 277 pages.
C:\Documertts and SettingsUohn ar_ Robbins un~oral
Settings\Temporary Internet FAes~Content~51wi~3Ctr711-2 Carta1
' Summary (1) doc

ENSR =~
' ENSR
2 Technology Park Drive, Westford, Massachusetts 01886-3140
T 978.589.3000 F 978.589.3100 www.ensr.aecom.com
' cxartfi oration. The flushin simulation for the two-canal con oration indicates favorabte results F~ ore
9 9 fig f ~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 good in the enhanced in the two-canal configuration. The results of these
simulatrons should 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} ar Peter (919-872-6600 x231 }with any
questions or comments.
Sincerely yours,

Kenneth J Heim, Ph.O., P.H.
Senior Hydrologist
[e-mail]
Peter M. Thibodeau, Ph.D., P.G., P_H.
Section Manager
[e-mail]

C:\DoCUments and SettingsUohn M. Robbins III\Local
Settings\Temporary Internet Files\ContentlES\wD63C1 A\1-2_Canal
Summary (t).doc
ENSR ','__:_ , ,
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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 mglL; Time = 24 hours
R; i s nu. r• n.u, r..~nm rv....., rem •.., .ti ~ n .
~, OLa 3~
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~., u
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Summertime Scenario -Two Canal System
Initial Concentration = 100 mg/L; Time = 24 hours
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E 11-2_Canal Summary (1).doc

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

1

1

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,
~ ~~~ ~
reg Allen
Shellfish Biologist
North Carolina Division of Marine Fisheries
cc: Craig Hardy
Sara Winslow
3441 Arendell Street, P.Q. Box 769, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
An Equal Opportunity /Affirmative Action Employer- 50 °o Recycled 110% post Consumer Paper
NorthCarolina
~aturallr~

Biological Investigation Sampling Data
f~pplicant:Lee Tugwell Temp. 28.6 C
Salinity 11.8ppt
Shellfish Shellfish
No. Bottom Tvae CollectPrl Nn Rnttnm Tvno r`r.l~..l.1...1
Date: July 19, 2006
Shellfish
- - -,~- - ~.~. ~~«~~~~ ~ yNc ~,vuectea
1 mud 0 31 mud/detritus 0 61
2 mud 0 32 mud 0 62
3 mud 0 33 mud/detritus 0 63
4 mud 0 34 mud/detritus 0 64
5 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 68
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

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
' PO Box 580
Wanchese, NC 27981
Apri125, 2007
John M. Robbins III
' Skyco Development Company, LLC
One Sailfish Drive
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.
Si r ,
.s
J n M. Robbins III
1

~ hav;~ ro o~;ec€i€ta~ €>v t3-t~ prt~jeet as pres~t~tl~ prop~s~:~ ~n~ l~vr~,~~, `ai~~ve
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1 have ot~j~~~ti~t~ €~ the p~oj~s~t as ~r~s~~t~y pr~~os°d ~Y~d i~av~ ~n~l~s~d
~,omtn~n€s,
~ign~tur~ -
~ ~ ~ ~ ~
complete items ;, 2, and 3. Also com~{ete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that w2 can return the card to you.
~' Attach this care to the back. cY the mai{~iece,
er on the front if sFace hermits.
i. ,article Rddressed t:;:
~~ ~~~
~~~ ~ ~ l
__~~ ,~.
~. 2r4icle Numc~er
(1; :nsfer frog service lapel)
PS Fcrm 3c3~ ~; February 2004
l~~te
~ sl ~f!2tllfC'
f ~ `~ '`~f i,; Agent
i.- ~~ ~, ~~~~~ ~'~~_~~; ~ ~ Addressee
(. F; ce!ved nv (Pr*nred P~'a,m°! i C. Da4e of D2liver/
D_ !s delivery address d'rfierent from it~~n i? ~ Yes
~ I? YES, enter delivery address beio~:v~ !_. No
~~~~
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Insured P~la!I ~l c.C.D. J-- -
4- Resu icier D2iivery? (Extra ;~ea) ~ Yes
Domestic Retumwceioi %595-o2-r.!-iSS
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' Rex Tillett
PO Box 2313
Manteo, NC 27954
Apri125, 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 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 l7 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 abjection.
' Si
.~, `,
' hn M. Robbins III

1
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- -_ `:``~- 1 have no ob~citi~~7 to the ~,ttjfect as ~~resE.:~t1~- ~;r~~~~sec~ aria hereby waive
that right is nbjeE~tict~ as ~,r~~vi~e~ ir: ~ieneral ~tat~ire 1 ~ ;~-~2~'.
I have objection tc the ;~r€;~ect as r~resent~y ~r+3pose:~ and have enclosed
comments.
~. _- ~
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ray Co ~ ~piete !t : n ~s ! , 2, and 3_ Viso car~~~P'.ete a '° ' ' a ~ G1 rl` ~ ~ ~ ~_~ ac en
item a It f;e tncted rJeiivery is desired ~ ~~~ (/
7 ~~"~~, E~~~ ~ ~i ~r F~UdrE SSP,E
€~ Print your name and address an fhe re~~er«, (~-t-~fi i Y'~~-/=~`i - -
so fhat v~+e c2.n return the card to you. !~ g ,ec;Fn~c~- d>~ ~ P i,r[ec ;Sl ,r,. G ~~e o~ t~~live~~
t~s ~,ftach this card to the back of fhe mailpie~e, ~ tt ft
or en the front its ace ermits. - - - -
p P ~ -- ~n yes
- D. !s del~verv ~rdress ditteFent from heir! i ;~ -~
t. Article Addressed to: ~ !' `r"ES. enier c;eliaen~ address b~!^w: ~ ho
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Z00 aged S31tlI00SStl'83181(lb-ol
DAFtF.'~ OVNT
sr..-~ „~
~rF a~ N,n
Prepared by and Return to::
WilliarTr V. Power, -Esq.
P.O. Box 1t342, Kitty Hawk, NC 27949
LTTNO:'~_clc~~ ~~j
LTTAX: $1 ,100_!70
STAMPS _$220.00
PARCF_L: t;E025877-000
ZEEI S1Y ZSZ-wo~j
k' HC 04/16/98
$220,00
-~+ Read Estate
\~_~¢' FxCis~ Tax
weZS=60 9002-1Z-Z1 panla~aa
g~,~ .1: f'.3'~~
1 ]-?5 ril:
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a7f,'1i-„~?:=: Utz 'f1
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Ra-~~st~~r _~'i 6e-p~j=
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NORTH CAROLINA GENERAL WARRANTY DEED
NORTH CAROLINA « ~ ~~ r~[;:u. ls~r:~-rc -
DARE COUNTY DARI ~~"-~- 'r'[t:~t\,vr:n -rnx
COUNTY ~~-~~ -
THIS DEED made this the }5th day of April, rJ- y an e weer _ is
MIDGETTE, SR_ (a/k/a ARTHUR. LOUIS MIDGETT) and wife, 170RA L. MIDGETTE, as
Grantors, to SKYCO DEVELOPMENT, LLC, a North Carolina Limited Liability
Company of Post Office Box 1879, Manleo, NG 27954, as Grantee (whether one or more};
WI I~N ESSEI~H.

That the Grantors,- for and in consideration of the sum of TEN DOLLARS ($ID.00)
and ottler good and valuable consideration to them in nand paid by the Grantee, the
receipt of which is hereby acknowledged, has bargained and sold, and by these presents
do grant, bargain, seal and convey unto the Grantee, his heirs and assigns, all that certain
lot ar parcel of land lying and being in ttie Village of Wanchese, Atlantic Township, Aare
County,_hforth Carolina, and more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof.
TO 1-IAVE AN^ TO FlOLt7 the aforesaid lot or parcel of land, together with ail
privileges and appurtenances thereunto belonging, unto the Grantee, iris heirs and
assigns, or successors, in fee simple forever.
AND TFIE GRANTOR. 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 fvrever warrant and
defend the title to tl~e said lands against the 3awful claims of all persons whomsoever,
subject, however, to said r_ovenants, reservations and restrictions, property taxes for the
current year, easements and rights of way of record tit the Dare County fteyistry, and
zoning and other land use laws and regulations affecting the hereindescribed property.
The designation Grantee as used herein shall include said parties, their heirs,
successars and assigns, and shall include singular, plural, masculine, feminine or neuter
as required by context.
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E00 aged S31tlI00SSV'83181fID-~l ZEEt SLV ZSZ-wo~j weZS=60 9001-1Z-Zt paniaaaa
' IN TESTIMONY WHEREOF, Grantor has -
caused this instrument to be executed pursuant to due autl otriry, he d y and y ar fi t
' above written.
U/ ~
J_• ~' ~~r~!~~ (SEAL)
A_ LOUIS MIDGETTF~SR.
---- (a//~a~ /~4RT1-,i~SU~R'L~OUtS MID~G/ETT)
DORA L. MIDGETTE '~ -~---`( 1
' STATE 0f= NOIZ-fH CAROLINA
COUNTS' OF DARE
1, the undersigned, Notary i-'ublic of the, aforesaid County and State, certify that A_
' LOUIS MIDGETTE, SR. ( a/K/a ARTHUR LOUIS MIDGETT) and wife, DORA L.
MIDGETTE, personalty appeared be#are me {his day and acknowledged the execution of
the foregoing instrument. Witness my hand and official stamp or seal, this da ~~
April, 1998. =~~-c~ Y
Notary Public ~ •'-"
My Comrlrission Expires: ••~ . ~ 7 a7aa-~• -~ .~ ,'
_. _ .. .-.
• ~ -.
__ ~, ,
- NORTFi CAROLINA
DARF_COUNTY
' Th .foregoing ce i icate(s) of \
o a~ ,~c ~ .
c., r C'~l '_ GV
is certified-t be correot. This instrument is recorded in the book and at the page and on
the dale and at the time shown on the first page hereof_
- ~~._bc~~a Fes,- v~ REGISTER OFDEEDS FOt~ DART COUNTY
RY= ~Lt~~. M~~f_~ __
' Depatp/Assi tent Cegister of Deeds ~ C~``~ - - -- - --
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_ ~'r_,n~ x'.332
' LEGAL I3ESCRIPTIONEFORBPROPERTY CON"tTE EDy~~ OM ~~~~
A. LOUIS MLDGETTE, ET. iFX. TO SKYCO DEVELOPMENT, LLC
' All that certain piece, parcel or tract nt _
Roanoke Island, Date County, North Caro l.inapand~bP~ngoboundednorr
the rest by N.C.:;.R- 345; on t}ie North by property now or
former7.y owried by Joh~rnie~ M. Robbins arici wife, Penelope C.
Robbins, }ravi.ng been so conveyed by deed r.c=_corded in Hook 2-71,
Page 599, Dare County Pu}a]-ic Re_gi5try; on the Soul}r 17
' now or fcarmarly owned by Ashmcad P. Pi-Fakin; anc3 on r_l~re westebyy
proper- ty now or Lc~rmerly owned by C _ M _ Guthr i c:; said parcel c,f
land- Eror,tinc3 nn N_ C. S _IL. 345 approximately 711 feet anti
taeginning at a point on Lv_C_S_R. 345 being the Southeast corner
of the Robbi_tls ~ propart
' Y: triencc runny-ng alvng t}re Western rig}-lt-
of-way boundary oL N.C.S_R. 345 in a Southerly direction
aJ~prcaacimately ll2 -Poet to t}ie l~ropc.rty paw car Yoi-rtterly cawried by
Pipken; thence running along said Pipken property line
approximately .South 53 cleg. 37 min. 35 sec. West, tea rt~P C, ;~_
Guthrie i.ne; thence 7>rc~rth 25 dec3: pp min. 20 sPC_ We,gt 21.1 Lccr
thetRobb~rshwSouthO2raxP~t the Robbi_ns~rFaroperty; theucc, along
East 90f3 - 67 fuel tope point inntheaWestarndr~ght ,o£1auay3boundary
of N_C-S.R. 345, )teeing the point and place o£ beginrring.
' The Nort]~ and West property lines oL this
by P_graement betweerr i;lma E. Mid ett parcel ware established
and wife, Carrie M~.c3gatt; and C.gM. Guuh~rieiand)wife,LS}iMrldeyt~
Guthrio rector-ded in Book '1.71, page Sg4, Dare County public
Registry, with a slat showing tliasa two (Z) property Zings being
' re corded in Mvp Bocak 4 , Page 45 .
It being a portion of the property convoy=_d to Lea Mi.dgetta by
deed from Robert S. Midgette (i~Iidyettta) unmarried,
Bov]c 33, page 3gg, l7are County Public Re >_str recorded in
having di.ad in 1969 (File No_ G9-E- g yc said Leo Mi.dgett
' h_is wife Elora 92) leaving this property to
Mid~7ett; and said Elitca Midgett having died in 1979
(File No. 76-E-51) leavi-ng t-}iis pr_aperty tv A. F,ouis Midyette,
Sr_ (aka ]lrthur Louis MidgetL) ,
Z'hP abovo described propar.ty i; more particularly shown on a plat
' entitled "SFCYCO DEIVELOPMENT COMPANY, BOUNDA1tY SURVEY" prepared by
BissP]-1 Professional Group, Martin J. .Jo ce,
in Fiat Cabinet ~ i Y R.L.S., and z-ecordad
said y ~- 9 !~r~.S%.%fe ~ IJar-e .County Yuhl.ic Registry;
propert- bein d°s i_ nated asp"AREA OF PARCEL, 198,702 SQ-
FT. 4.56 ILCRES" on said plat-, which plat is incoz-posted heroin
by this; r^fez-ante ,

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500 aged S31V1~(}SStl83191f1D-oi ZE£t 516 Z5Z-mDlj weZ5=60 9002-IZ-ZI panla~aa

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c?I ~ 1i 4. ~~:J~:~t Y'..:, .'L9 DARSIi OU•viY Nc
OJ/2L/99
tJf_ :Y G""rt::~ 'f 3 tIX gr~rt tv $575.00
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=(i,ac-hnf--Pia,- Parcel Na.._U'l5RES1.-n0(1- _ ~` -
. _._ Parcel Idavttiticr Nu. _.`7.~~1~f7,(I'~~-J~IFjEigj'~S:\"I r:
Verified by - .. .. CuuuL 1-)_1 ~Z l:clas, a .y tr -l` ~ 1,_ ., .. i ~ --_ ._
... ... _._ _ _. y uu the -, ~. .,_;, - : -
(Jh~less ti Wtt~le~s, PLLC, Artc~rne i___
Mail after recnrrlittr 1.n y~ ~.L Law, P. O_ 6nx 500,
_. - ... Dtautmo, NC 21954
'1'hit+ instrument avers prr_],ared h5' A~tiype'ad ]'. L'l~kYn,.~.:aCCnrney ..-, _
lirief ,Icsr.riµl.inn fnr Uu+ Inali•~ r
L.`__~ _
NC.~R"[`H C~1L~OI~INA C.~I~NL~K~L ~r.ARlZi`N"('~' UI~33L~
TEiIS I)I;EU made LLin .. J.4th alas of ;Ja nelaCy,._
._ -. 7'J 99 tly nnJ I,e(weetc -
C: F2A ]h'I'F:1~~
Ashrnead Pringle Pip3ciu atttl
Mar:~iocit. A. Lipkin, his w]. 1'e ~kyca Develof.ment CouJpany, LLC
3.19 ('asquor.ank. f)ri_ve }'- (~- I3ux 1A79
Ra7+/jgh, iv.C_ 27G09 Manteo, iV_C_ 27914
I~:nl,•r Ira nl,t+r.,l, rl Here Llo clr !or ea clt (tarty: n,an,,., rl ,l,ltr ~~ t
• n ad, i! au Pro prla tc-. char_uacr of rnLit.•, cq. corpor:,UOU or rrluer+LiP-
_ ~,:
1'Le design:.tian GrtuJtor anal GrnnLcc us usctl l,ercin shz,ll iuclu,l+t t: a.trl trarlics- their hCics. SC CCensorv, turd a;,siy nn, a;rd
shall iucletdO xi nt;u lac, pia ctrl, ntuveuline, iuminine cr cnu Ler c... rc<luired l,y Cul:Ces;t.
K'i'I'NLSSFIT7-T, that the Gr,anLor, for :1 va]t.,ahla onuxirl.-!r:tLion pni17 l,y tttC E;t'anLec, the co.eiltL aC at•]tfck: is 11OCeby
:u:knc, avledf{ad. has acrd by these prtacu is nines J: ~~~rnt. hatgaiu, xcll tool con aver )' unto the Clvlrn teC is fee sitnpln, all t_h 2t
corlnin lat. .tr ~,nr.:a:( a.1 lun,l ailu:atw] in Ltac CiLyc nP -. Ci~A
Nab,:; il~.:.rl 'Townshi7,,
Dares - C;uunLs•, NrJrtlt Cterolina tool mare .. ... .... __. ..,
Ira rt icutur'r rleac rihet9 ax ?:olln,.~s:
~1s Set fortR on Ar.rachmenr. "A" Co lhe. Deed Erum PL1,h.in Lo Skyco
[Jevelnpmeat Company, T.LC wkl.iclt is incorporated herein by reL'erenc.e,
Y. , „.. `. I~,.nn N.,. 1 ~=~ I V 7(~, 11 r.i.~.t '.:, I V; 7 i.~•...~.~.,«.....: r. .: •.. r... na. ri:. r.u w.....u,. rv r ~r~r:..
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T2~•curd iue Tinu•- nn..>< ~..,.- .,
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900 aged S3IVIJOSSV83lEIf1D-ol
GI(~ 236PG(~7 17
sect S16 ZSZ-wolf weZ9~60 9002-1Z-Zl pania~aa
"P}le property hereinabove rlericribed wns ecyt.Iired by Grantor by intltnlmant recorded in 73ook '~7,
pa.Rt: ..2., a.nd_.Is.tzo.l:...2!1.?..)...p:ii:;e...72~.._.._ .
..
A map showing tha =zbova; Dee[l _ .. ... ..... .. .... _.. ..........
alcacriLed pruger ty is recorded in Ez11e~ Rook fi8_.
TU IlA4'L AKD T•Q IiOLIf the nfaresaid lul, or parcel of land and all privilr,fieg and al)purtenances~tberety Lnclongin~ t.o
Lhe Gra))t¢e in fee si)rtpIc.
Arid the Gral)tnr cnven.ntt., rvilh the C;r;tntee, thaF. Grani:r~r is seized uE the pt-entices ill lee aimnle, 3~aes the 1•i~ht to ccntvey
IIaP ^ t ~ + fee e)mpl e, tl[at title is mirk r.t:al lc anal free and clear Uf all e»culuLlance~, wui that Gr:w G)r avill ava want nu[l
dcfellQ the title afi:Linst tl)e Inwful c•.lairus of a1L persons whom soe~•er excettl. for the excel,t.intls tereinafter sl:licL1.
Title fh Lhe tt-'ollcrt,v lacreiuubuve described is subject to the following exceptions -
1_ Gx<e~~l ions set far Ch on ACt:lf}ltttpnC "At' which ar.e incuryorated by refercnc_c.
~- Act valorem taxes for 1999.
1N WITNk:SS •V 1l G[t LC)t', Utc <:ratt(ur has he rCanle I.ts h+nal orn ecal e, has
' above wtr ltt rra~e by !(s Arr1r zuthorlted offlcecs anal lls_ana[ Lo for here unf.nnn(/(x cA• by au[harl[ ca an:e u CI)IS ifte ur uoa<tal to
Y o! Itr lto and f 1 IteCL rs th Sd Yea r41 rri
/ / daY an (
(a:..rl•ora ae vans) - .+ -_ _ __ _ ArL~OA~y /
T ~ cad P7yikin7A finir=~r1 13r`.'~~-e'~lz_kiiit'~w
ktr: ------------'----'-- ~ r J~ - ~ D
-. _-----
____I-rrr.acnc ,~..', Marj or. e A. Piphill. -- -""%%"'~~~ J
At TEfi T. U ~•
-Ia-.--~r.,rr.________.__ ____________________
r<:5~,•`~ -- ~.G ~`_~ _____S<crcL rY Cc'nrl.a.tw <a :a-x t]
Q" ` / Q)
' ` -•~: :rvaae-__ - - a ____41alc C~____ ~ .______.. _ _..____Cnut tY_________._____________________~~ ______LSSA Lk
NU)1'1'lI G'A[iULI1~'JL.
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o S ._ ~ I' l ne cPmty a[aw staee alure,a.d rerr tt r ~ }
~tucL_Ma .try an _ F ~fu~cL ~ _ lcilt____-_----
-_ _ szrle__A._. a:~, _kin,._h~s_s,zifa_____-- '---
' .[[ ^ a•. - ~ 1•e rson ollY :al•uczrer3 LefOie rltc Wlv tla or __ _________________________________. _.. ._ f:rantn-.
/-'/r ~, r'i ll ~i-I, ~, 1 lava~td a Y(jy~fi pCl.nntvlrttg ed Llte a>ecution of Lk.e fu ret: oiu` InstrumOaat. LV 7L)te>s (
a l(tr.z~"` ial uf(tcl:tl sta np r nl, rla is _~~(___ dzy ~ ttY
SCAI.-STAtat [-

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N OltTll (:.l It llLlNA,
_______________________________Cuurrly.
+. a NotzcY I~u411c tsl the (:uunLy and Fsa LG
1<n rr-salAt cc rll(!• that
L•CrsonxallY enmf~ hcfnre ________________________
~ [ne ttals daY and aa;K no w(Cd - ~ - '~-----'--•
r-n. Ratl llaat hr Is ____
x .________________________.. _ .. _______________________ Sccrc(zty of
~~------'---- a Nurl.la Ga rnlina ctrLnrnclnn~ n<1 Ilrat by Hush OtlcY Auly
A plvcn wort ae 1-he act of the coryrufaLlon. Lhe tnrCR nln t _
6 Iraytr atn)n)t w slrncd . its uc by Its __
u k'reslde n(. ax n
ac:al cal wkUt its Cure uratr cast _-__---_-_--
- F.`at and attested by _„_-~_- __ ae: Ito
tvl(nesr )nY hand and ~-" -'--'------ - Scc[e tney.
vI scat, tlaln _______dav Of
_ ___________________________ ]9
arY eoenen isslo)a cxPlrrn: ______ -__ ~-~-
7Ur Iur ra nlnG crral(fa~.stc(:) a.( _________________- __________________. _______________ Nara rY FttU11 a,
__ _____
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/lrat Thla I ... ~____ _ _____.. _ _
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Its CC j rn(. f IRIS <a•rtt [lcnLe arc rlul,v rCSl~te ra.•d al tlrr An le anA tltne and lu the IIoaik curl i`>EC chbwn-_-----
------- ~ a, b ~~- /~-1 ~_ ~ nn [lac
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6 Uf Ircrds
ryi•ln I1,tr ,`-. ..,•'•,•. .7V.. t•riwly )ri. l<^~. i.c.l ~ i 1'177 ~...t.t w.n,.. ~.- c .a.. rzr. r.•.i.~e.~ .... ...1) s„
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100 a~Ed S31dI~OSSV83181f18-ol ZEEI SLb ZSZ-uro,J weZ5=60 9002-1Z-Zl pan,aaab
Attachment "A"
to the pp
Dees[ from Pipkirt to Skyco 1?evelopment Contpan_y~I,.[rC2 3 F7 PG CJ ~ I (J
Description of the property conveyed. [[111
SSGINNING at :r concrete monument (cuntral corner N 789021 K82 Feet. 1~- 7!1f11022.312 feet)
lyrng and being ut the VL'es[ margin or' rir~6k-of way of NC 375 leading From htanteo to
VVanchese, said monument also lying in and marking; the Southeast corner oP the Irr-operty herein
described and the Nortfteast corner of the prt)Pe.rty now or formerly owned t,y C:oastal
Contractors of~ the Outer Banks, Inc. (Deed Rook I ! SG, Page 893, llare Registry) and slid
marker lying the following courxe and distance front NCt_;S monument "Wench", (N:
788089.887 feet, E: 299Z2'i2.867 feet) North 52 deg_ 24 min. 49 sec. West I,S27.G~ feet;
TI[)iNCl PKt~M "1NE 13L`''CiINNING POIN"(' SO LpCA"fGD and running alonK the Nctrlh line:
of the lands now or formerly belonging to Coastal Contractors of the Outer Banks, Inc. South _S 1
deg. 52 min. 40 sec Wcst 2, 130.66 fora more or Less to a pipe at or near the intcrsecLiun of
Charles Creek xnd a ditch; thence continuing along the North line ofl.he Coastal Contractors land
and turning and running South 45 dcg_ ] S thin OCi sec, West G86.25 feet to a point lying on loner
South of, but near, Che mouth of Charles Creek; thence turteing and running across Cherries Creek
in a general iVorthwesterly direction and fcrlluwinE; the various courses and rneanderirtgs of the
high water mark of Charles Creek to the high water Wrack of ihe3 Croatan Sound; thence
continuing along the high tti-ater mark ot-Croalan Sound its various cnur~es and meandcrings ir, H
general Northwesterly then Rortheast.erly direction to the center of the mouth of Nnwarcl Creek;
thence tunttug and mm~ing along the center of Howard Creek and along the. South line of the
[andv now or formerly belonging to Shirley Ann Guthrie (Deed Book 114, Page 3l, Dare
Registry) a general i`Iortheasterly directiun to a point which is the northernmost paint of the ltrest
Tic L.inc shown on a map or plat entitled, "Survey of tltc Hassell Tract for Skyco Uc~~clopment
Company, LLC," dated October 20, 1998, prepared by Wesley T~4. Nteekins, Jr., R(, S, r-ecordcd
in Plat Cabinet Slide _ ,Dare Registry; from said poLn thence continuingU. along the
center of Howard Creek and the Guthrie lands North 55 dcg. 30 rnin. 4fi sec_ .East 1 56.21 feet to
a point; thence turning and continuing slung rhe: center of a ditch and the Guthrie lauds Nortlt Oq
deg. 04 min. 20 see. West. 1i5 7fi feet to a point lying in the center of said ditch; Lhence turning
erne! continuing along the center of said ditch and the Guthrie IandS North 3~i deg. 38 rain. 4G see.
Last 182.45 feet to a point lying in the; center of said ditch; thence turning and cuntinuinD clung
the center line of said ditch and the Guthrie lands North 50 deg 24 min. 4 ( sec. Last 39G 1 1 feet
to a point lying in the center of'sald ditch, l}tence turning and continuing along the center line of
said ditch and the C;uthrie lands North 31 deg. 50 rain. 40 sec. West. 94.52 feet to a point lyinc.>, in
the center of said ditch; thence continuinS along the center line of said ditch and the Gut}rrie
lands North 27 deg 21 min. 24 sec. Last 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 NoRh 45 deK. 04 mire
35 sec. East 190.17 feet ton )?uint; thence turning and running along the Guthrie lands North 1 7
dcg_ 44 rnin. 36 sec. West 19.3y feet Co a point; thence turning and nrnnin~ along the C,uthrie
(ands North 44 deg. 37 aria. 14 sec. Fast 1 1,97 feet to a point; thence continuing t}te carne cuurse
406,98 feet to an old axle lying in anal marking the Southeast corner of tl,e GuUuic lands, the
Southwest corner of t}te [ands now or forr))erly bclan~;ing to Skyco f)evelopntent Company
(Deed Book 1 t 75, YaL e IRG, Dare Registry) and the Northwest corner of the [ands nmv or
fi,rntcrly belunging tct Dare County (1]eed I3eok 332; Pagc 321, Dare Registry)_ thence turning
and running alonb the West line of the Dare County lands Soutlr 45 deg. ?_2 rnin. 4G sec. East 2VU
feet to an iron pipe; thence turning and running along the South line of the lands ref i)are County
Nurth 44 deg. 37 rnin. t4 sec. East 200 feet to an iron tripe: thence turning and rirnrung along the
~ d z££L SLb ZSZ III su}94o?I lnl uuor c+~c (,r, ,.,, ~ ~ „~!.

' B00 aaed S3IVIUOSSV83181f18-ol ZE£l SLV Z5Z-WOtJ weZS~60 9002-1Z-Zl pantasaa
Bast line of the lands of Dare County North 45 deg_ 22 thin. 4G sec. f~.~es! 200 feet to a concrete
rncrnument Tying in and marking tl}e Northeast corner of the (?arc: Couni_y lands: thence turning
and running alcrnb the Scnlth line of the lands now or formerly belonbinr~ to Skycu Dcvclupttnenl
f'ompany Nor!}e -04 deb. 37 min. 14 sec. C-as[ 777.G0 foce to a rehar lying in and marking the
' West margin or right-of--way of NC 345, said line also passes throublt an existing concrete
monument lying the opposite course -57 feel. frurn the existing rehar aforementioned; thence
turning anti runnmJ; along the West margin ctr right-nt=way of NC 345 the fi~lio~r.•ing courses and
distances-
' ] . South !2 deb. 24 min. 48 sec. Gast SG.65 feet to s point; thence
2. South 6J deg. 29 min. OI sec. East 1 82.56 feet to a point, thence
3. South 75 deg. 30 Inin- q7 sec. Fart 124.92 feet to a point, thence _
4_ Suutlr 7C deg. 28 min. 07 sec. Bast 251 15 feet to a point, thence rv
' S. South 70 deb. 03 min. 23 sec. East 3B5 SG feet to a print; thence C.J
6 South 57 deg. 53 min. 49 scc_ Gast 95 3 I feel to a point, thence cT
7. Suutlr 52 dt:6. 30 Inin. 25 sec- Fast 97 S4 feet Co a point, Etrence ~
G7
8. South 49 deg. 23 min. U5 sec. Last 21.77 feet to a point, thence ~'
9. Svulll 46 deg. 01 min. 48 see- East 75.08 feet to a parer, thence _~
10 South 41 dog. 00 min. 50 sec. l=ast 96.ti3 Feet to a point, [hence LJ
1 I. South 36 deg. 07 min. 3G set:_ East 97 57 feet t~ a point., thence
12 Suutlr 31 deb. 09 mjn ] 5 sec. Gast 96.92 feet to a point, thence
1 3. Souih 25 deg. 3 1 min. 3 1 sec. East 98.39 feet to a point. thence
' ] d. South 19 deg- 37 min. 07 sec. East 96.63 feet to a point, thence
t ~. South ] 3 deg. 17 min. 45 sec. Gast 97.48 feet trr a point., thence
1(, South 1(i def;. 1 S min. 06 sec. Last 26.52 feet to a point, thence
17 South U7 deg_ 5 ] min. OS sec. East G8 36 feet Lo a point, !hence
18 South 03 deb. _;5 rnjrt. 5 1 sec. East 97 "77 feet to a Point, thence
1 y. South 04 deg. 24 min. 43 see. West 1 33.43 feet to a point, thence
20. South 09 deg. 28 min- 3G sec. Wcsl 61 .97 feet to a point, ihence
21. Suutlr 1 i deg. 74 mir+- S9 sec, Wasc 48 y2 feet to a point, thence
22. South IZ deg. ]0 min. 55 sec. We;[ 32.39 Feet to a pninl, thence
' 23 Suutlr 1 Z deg. 38 min I O see. West 367-88 feet to a point, ihence
24 Sout}t Ol deg 4 1 mm. U7 sec, West 1 02.71 feet Lo a point, thence
25. South 02 deb. 38 rain. 47 sec- East 290.09 feet "f0 TFiF POINT OR F'LAC:L O1~
(3[?C'rTNIV1NG-
' 'T'his tract is furtlter descrihccl and shown on that certain map or plat entitled, "Survey of the
Hastier! Tract fur Skyco Development Company, t:LC," prepared by ~l.'esiey M. l~ieekins, Jr.,
KLS, dated October 20, 1998, and recorded in the o(Tict: of the Etcgistt:r ttf heeds of Dare County
in Plat Cahincl at SIide __
' "1'1-iERE [S ALSO C(]NVEYED F(i~.RFW[TH all those lands described as the "First "tract"
included in the Deed into Ashniead Pringle Pipkin Front W. F3cnton Pipkin and wife, Ruth P.
Ptpknt (Hood Tiuuk 237. ('age 942, (Dare Registry) and the Deed from C. "t}turston ~'Voodford and
' wife, Evelyn L. Woudli~rd (Dcec1 13uok 241_ (rage 72;_ Dare County Registry)- The "Second
Tract" described in these twn Ueeds is not conveyed herewith.

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Memo
To: ENVIRONMENTAL PERMITTING AGENCIES
From: JOHN M. ROBBINS III, SKYCO DEVELOPMENT, LLC
CC: QUIBLE AND ASSOCIATES
Date: 12!2112006
Re. LETTER OF ENGAGEMENT
This setter 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 Ill.
252.423.D516 cell
john(c~imrobbins com
~~ r
hn M. Robbins III
Skyco Development LLC
1, 12/212006
Z'd 7.C.S: I.'CI~Fi~7c7