20061215 Ver 1_COMPLETE FILE_20060727

4 t t >
® North Carolina Wildlife Resources Commission
j Richard B. Hamilton, Executive Director
MEMORANDUM t'
TO: Doug Huggett, Major Permits Processing Coordinator p FOR @ =
Division of Coastal Management \ f D
North Carolina Department of Environment and Natural Resourc
AUG 1 5 2006
FROM: Fred Harris, Deputy Director a . DENR - WATER QUALITY
WETLANDS iJYO S70RMWATER Mo
DATE: August 10, 2006
SUBJECT: CAMA Dredge/Fill Permit Application for Town of Duck, Dare County, North
Carolina.
Biologists with the North Carolina Wildlife Resources Commission (Commission)
reviewed the permit application with regard to impacts on fish and wildlife resources. The
project site is located at 1196 Duck Road (NC Hwy 12) adjacent the Currituck Sound. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G. S.
113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et seq.).
The Town of Duck proposes to develop a 9.02-acre public use area that includes a sound
side boardwalk, observation platforms, canoe / kayak launches, amphitheater, visitor center,
playground and picnic area, trails, parking, and driveways. The site includes contiguous areas of
coastal and Section 404 wetlands adjacent the sound. The 10' by 910' boardwalk will be elevated
7' above normal water level and placed an average 20' offshore. The boardwalk will cross a
"finger gut" and will be elevated an additional 2' to allow canoe and kayak passage. Two 10' by
20' observation platforms, one 10' by 20' canoe platform, and a 150' dock with a 20' by 20'
handicap accessible canoe platform are included in the project design. Heavy submerged aquatic
vegetation (SAV) growth was noted by the Division of Coastal Management field representative
during the site visit. The Currituck Sound is classified SC by the Environmental Management
Commission and is not open to shellfish harvesting.
The Commission has reviewed the permit application and requests the permit be denied
unless the following modifications are included in the project:
We request the alignment of the boardwalk be relocated landward of the
shoreline. Boardwalks that are parallel to the shoreline and extend over water
remove access from a large area of public trust waters adjacent shore, prevent
vessel access to the shore, and may significantly impact shallow water habitat
Mailing Address: Director's Office - 1701 Mail Service Center - Raleigh, NC 27699-1701
Telephone: [phone] - Fax: [phone]
2
I
and submerged aquatic vegetation (SAV). Shallow water habitats and SAV in
the-project vicinity support a variety of fishes such as striped bass (Moron
saxatillis) and white perch (Morone americana). Unnecessary impacts to
these areas incurred by the proposed boardwalk and future shoreline
stabilization should be avoided and minimized. We request the alignment of
the boardwalk be relocated landward of the shoreline and the structure be
elevated a minimum of 3' above wetland vegetation to minimize shading
impacts.
2. To further minimize impacts to fishery resources and adjacent shallow water
habitat, no in-water construction should be conducted during April l -
September 30 of any year to avoid the period of peak biological activity.
Construction impacts should also be kept to a minimum by adhering to a
construction corridor along the side of the boardwalk.
i
We request any changes or proposals the applicant provides be submitted for review by --
our agency and other interested parties prior to permit issuance. We appreciate the opportunity to
review and comment on this permit application and anticipate further project details as they
develop. If you need further assistance or additional information, please contact Maria Tripp at
[phone].
cc: Karoly, C. - NC Division of Water Quality
Barnes, K. - NC Division of Water Quality
Winslow, S. - NC Division of Marine Fisheries
Deaton, S.
AwAr?9Q?
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 4, 2006
Mr. Christopher Layton - Town Manager
Town of Duck
P.O. Box 8369
Duck, NC 27949
I
Subject Property: Duck Municipal Property
Roanoke Sound [030154, 30-1, SC]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Mr. Layton:,
DWQ Project # 06-1215
Dare County
You have our approval, in accordance with the attached conditions, to shade 0.273 acres of Estuarine Waters (EW)-
Public Trust Area (PTA), fill 0.0074 acres of Estuarine Shoreline (ES), to shade 0.057 acres of ES, to shade 0.0117
acres of ES-Coastal Wetland (CW), to shade 0.0117 acres of ES-CW-404 Wetland, to shade 0.0321 acres of CW-
404 Wetland, and to shade 0.0117 acres of 404 Wetland, to install the proposed sound side boardwalk with
observation platforms, and canoe/kayak launches as described in your application dated March 14, 2006, and
received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on July 27, 2006.
After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water
Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No.
198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise
comply with any other federal, state and local requirements before you go ahead with your project including (but not
limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration
of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:
Amount A roved Units Plan Location or Reference
EW-PTA ! 0.273 acres - shaded DCM Field Investigation Report
ES 0.0074 acres - filled DCM Field Investigation Report
ES 0.057 acres - shaded DCM Field Investigation Report
ES-CW 0.0117 acres - shaded DCM Field Investigation Report
ES-CW404 Wetland 0.0117 acres - shaded) DCM Field Investigation Re ort
CW-404 Wetland 0.0321 acres - shaded DCM Field Investigation Re ort
404 Wetland ! 0.01174 acres - shaded DCM Field Investigation Report
Np'SthCarolina
401 Oversight/Express Permitting Unit ` atura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Town of Duck
Page 2 of 2
August 4, 2006
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
and any subsequent modifications, the applicant is required to return the attached certificate of completion to
the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or
CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you
may ask for an adjudicatoiy hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kyle Barnes
in the DWQ Washington Regional Office at 252-946-6481.
Sinc ly,
Alan W. Klimek, P.E.
AWK/Um 1-7
Enclosures: GC 3400 t
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Vanasse Hangen Brustlin, Inc., 351 McLaws Circle, Suite 3, Williamsburg, VA 23185
S:12006 Correspondence\061215DuckMunicipalProperty(Dare)401_CAMA.doc
X- ? WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 25, 2006
MEMORANDUM: 2 0 0 6 1 2 1 5
TO: Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality D F= ? [.! 0 1J ? D
FROM: Doug Huggett ???I} ? 7 ????
Major Permits Processing Coordinator
PENIr - WAIT 'N 00AUTY
SUBJECT: CAMA/DREDGE & FILL Permit Application Revi , -'08 M6 SXT",,iftof f ?k?ctt
Applicant: Town of Duck
Project Location: 1196 Duck Road (NC Highway 12), Duck, in Dare County
Proposed Project: Sound Side Boardwalk with Observation Platforms, Canoe/Kayak Launches
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/15/06, to 400 Commerce Avenue, Moreheady Cif, NC 2855 If you have any
questions regarding the proposed project, please contact John Cece at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
SIGNED
project for reasons described in the attached
DATE_ 9 1410 6
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
i
1. APPLICANT'S NAME: Town of Duck
2. LOCATION OF PROJECT SITE:
1196 Duck Road (NC Highway 12), Duck, Dare County
Photo Index:
2000: 186-2180 (L8, M8-10, N8-10, 09-10)
1998: 44-1108 (C9-11, D9-12, E9-12, F10-11) 1995: Not available
1989: 146-1 (H5-8, I5-9, J6-9) 1984: Not available
State Plane Coordinates - X: 2958400 Y: 894400
Rover File: C071312A USGS Map: Jarvisburg (LR)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: L>
Dates of Site Visit - January 12, 2006, July 11, 2006
Was Applicant Present - Yes, No
5. PROCESSING PROCEDURE: Application Received Complete - July 7, 2006
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Duck, North Carolina CAMA Core Land Use Plan, Feb 2005
Land Classification From LUP - Conservation, Open Space, and Community
Facilities' Area
(B) Areas of Environmental Concern (AECs) Involved: Estuarine Waters, Public Trust
Area, Estuarine Shoreline, Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - None
Planned - On-site septic
(F) Type of Structures: Existing - Decrepit wooden walkway
Planned - A sound-side boardwalk equipped with observation
platforms and canoe/kayak launches that are connected to a
parking area and other proposed public amenities by a series
of elevated walkways.
(G) Estimated 'Annual Rate of Erosion: N/A
Source - N/A
,F
7. HABITAT DESCRIPTION: [Area in square feet (SF)]
F1LLED DREDGED SHADED
(A) Estuarine Waters/ None None 11,900 SF 0,273
Public Trust Area
Tr
Field Investigation Report
Duck Municipal Property, Town of Duck, Dare County
Page 2
FILLED DREDGED SHADED
(B) Estuarine Shoreline 322 SF None 2,500 SF
0-0014 '6 57
(C) Estuarine Shoreline/ None None O' 09 ?S
/
Coastal Wetlands
(D) Estuarine Shoreline/ None None 500 SF
Coastal Wetlands/ COE 0 11
404 Wetlands
(E) Coastal Wetlands/ None None 1,4002F
0
COE 404 Wetlands 103
(F) COE 404 Wetlands None None 550 SF Q,
(G) Total Area Disturbed: 148,975 SF (3.42 acres)
(H) Primary Nursery Area: No
(I) Water Classification: SC Open: No
8. PROJECT SUMMARY:
The applicant proposes to construct a sound-side boardwalk equipped with observation
platforms and canoe/kayak launches that are connected to a parking area and other proposed
public amenities by a series of elevated walkways.
Project Setting
The proposed project will be constructed on a 9.02-acre irregularly shaped parcel located at
1196 Duck Road (NC Highway 12) in Duck, Dare County. The tract is bordered by the
Currituck Sound to the west, NC Highway 12 to the east, and commercial retail facilities to
the north and south. The Currituck Sound is approximately 4 miles wide at this location.
Elevations across the site range from zero at the normal water level (NWL) of the Currituck
Sound to 33 feet in the southeast corner of the tract to 12 feet in the northeast corner.
Approximately 5.2 acres (226,512 SF) of the tract is comprised of uplands that are located
primarily on the eastern portion of the parcel along NC Highway 12. The remaining 3.8
acres (165,528 SF) containing either Coastal Wetlands or U.S. Army Corps of Engineers
Section 404 wetlands are located primarily on the northwestern portion of the property and
along the shore of the Currituck Sound.
The 1,250 feet of shoreline on the subject property and the shorelines north and south of the
project site have not been hardened. The majority of this shoreline contains Coastal
Wetlands with an erosion escarpment less that one-foot. The shoreline includes a "finger
gut" in the middle of the property that is approximately 130 feet wide at its entrance to
Currituck Sound and 150 feet long. The water in the "finger gut" is less than one-foot deep,
while the waters along the remaining portions of the parcel's shoreline are approximately
one-foot deep and gently slope to a depth of about 3 feet approximately 200 feet off shore.

Field Investigation Report
Duck Municipal Property, Town of Duck, Dare County
Page 3
The 9-acre lot is undeveloped, but a separate lot in the middle of the tract contains a recently
vacated two-story wooden structure that formerly contained the Herron's Family Restaurant.
A derelict ground-level wooden walkway approximately 130 feet long and 4 feet wide is
located in the bushes behind (east of) the restaurant and extends toward the shore of the
Currituck Sound.
A dirt/grass road crosses the property in a northeast-to-southwest direction and provides
access to the "finger gut" from NC Highway 12. An old single-family house and trailer that
were located north of the dirt road were removed from the property a few years ago.
i
A small family cemetery containing six headstones is located approximately 50 feet north of
the intersection of the dirt/grass road and NC Highway 12. The cemetery, which is situated
within 15 feet of NC Highway 12, contains the remains of the following:
• William Davis (born August 31, 1891, died December 31, 1946)
4
• Emerson Rogers (born 1881, died 1961) and Maryland Rogers (born 1883, died 1957)
• William Rogers (born August 19, 1914, died October 26, 1937)
• Harriet Rogers (born September 15, 1917, died May 15, 1930)
• Johnnie Rogers (born March 24, 1901, died January 24, 1931)
• Amey Bartlett (died September 21, 1934, aged 70 years)
On-site vegetation ranges from thick maritime forest to pristine Coastal Wetlands. The
forested area is located in hilly uplands located in the southeast corner of the parcel. This
area contains hickory species (Carya species), red maples (Ater rubrum) and other maple
species, Live Oak (Quercus Virginiana), and scattered pine trees (Pinus species) with an
under story containing American Holly (Ilex opaca) and a thick floor covering of assorted
vines, shrubs, and bushes.
The northeastern portion of the parcel is densely vegetated with Cherry species (Prunus
species), pine trees (Pinus species), Bayberry (Myricaceae species), and other bushes and
shrubs covered with Virginia creeper (Parthenocissus quinquefolia), greenbriers (Smilax
species), honeysuckle (Lonicera species), trumpet creeper (Campsis radicans), and wild
grape (Vitis species).
The Coastal Wetlands are located on the northwestern portion of the property and along the
shore of the Currituck Sound. Pockets of Corps of Engineer Section 404 wetlands are also
located in the middle of the property, south of the dirt/grass road.
The large area of Coastal Wetlands in the far northwest portion of the parcel is comprised of
Salt Reed Grass (Spartina cynosoriodes) with fringes of Black Needlerush (Juncus
romerianus) along the Currituck Sound. Coastal Wetlands located southeast of the "finger
gut" are also comprised of Salt Reed Grass (Spartina cynosoriodes) with Black Needlerush
fringes (Juncus romerianus), but these areas also contain pockets of Common Reed
(Phragmites australis).
Field Investigation Report
Duck Municipal Property, Town of Duck, Dare County
Page 4
The wetlands located between the "finger gut" and the Coastal Wetlands in the far
northwestern portion of the parcel are comprised of. a series of intertwining low areas that
are mixed with a number of small hummocks. This has created a very complex area
containing both Coastal Wetlands and U.S. Army Corps of Engineers Section 404
Wetlands.
The submitted drawings indicate that submerged aquatic vegetation (SAV) along the
parcel's shoreline appeared to be very sparse in 2005 aerial photography and during the
January 2006 initial site visit. However, a recent site visit (July 11, 2006) revealed that the
explosive growth of SAV observed in the Currituck Sound this summer has resulted in
heavy SAV growth in the shallow waters adjacent to the subject property.
Project Description
The Town of Duck is proposing to install an elevated sound side boardwalk equipped with
observation decks and kayak/canoe launches. A series of elevated walkways will connect
the boardwalk to proposed parking area and upland trails, which in turn will provide access
to the proposed public amenities (i.e., visitors center, playground area, picnic shelter, and
amphitheater). Two new driveways/roads would provide vehicular and pedestrian access to
the public amenities from Duck Road (NC Highway 12). The upland development will
result in the disturbance of 148,975 SF (3.42 acres) or 38% of the 392,911 SF (9.02 acres)
comprising the entire tract.
The purpose of the proposed development is to provide pedestrians a safer route to travel
through downtown Duck. Pedestrians and bicyclists are currently forced to share the
narrow shoulders of the very heavily traveled NC Highway 12 to visit the businesses
located in Duck. The proposed boardwalk will provide residents and tourists a safer route
to and from downtown Duck and will create public access sites to the Currituck Sound.
The centerpiece of the proposed development is an elevated sound side boardwalk 910 feet
long and 10 feet wide that will be installed approximately 20 feet offshore over the shallow
waters of the Currituck Sound. When crossing the "finger gut" located in the middle of the
property, the boardwalk will be approximately 65 feet offshore. The boardwalk's decking
will be seven feet above the normal water level (NWL) of the Currituck Sound, and its
structural supports will be five feet above NWL. A section of the boardwalk spanning the
"finger gut" will be raised an additional two feet, creating a small bridge to ensure
navigational access to the small shallow "finger gut." The raised section of boardwalk will
be 8.9 feet above NWL and the structural supports will be 6.9 feet above the Currituck
Sound.
The Town of Duck proposes to equip the boardwalk with the following additional
structures:
• Two 10-foot by 20-foot observation platforms located at the northeast and southwest
ends of the proposed boardwalk,
• A 10-foot by 20-foot canoe/kayak dock located on the northern-half of the
boardwalk, and
• A 150-foot long dock located near the center of the boardwalk terminating in a

Field Investigation Report
Duck Municipal' Property, Town of Duck, Dare County
Page 5
handicap accessible 20-foot by 20-foot canoe/kayak launching platform.
The upland development proposed by the applicant includes:
• A 340-foot long and 25-foot wide driveway/road connecting NC Highway 12 to a
20475 SF parking lot, a 1,500 SF visitors center and a 3,800 SF playground area.
i
• A 300-foot long by 25-foot wide driveway/road providing access from NC Highway
12 to a 700 SF covered picnic shelter and a 800 SF amphitheater with a 1,200 SF
seating area.
The proposed driveways and parking area will be constructed of the GEO-WEB based
GRAVELPAVE and/or GRASSPAVE systems. The final construction technique will be
selected after the installation/maintenance costs are evaluated. The GRAVELPAVE system
is comprised of the GEO-WEB plastic webbing filled with gravel, while the GRASSPAVE
system consists of the GEO-WEB filled with soil/sand and planted with grass.
To connect the proposed upland development with the proposed sound side boardwalk, the
Town of Duck proposes to install approximately 2,160 linear feet of upland trails that lead
to a series of three elevated walkways. The upland trails will be constructed of a material
the applicant, is calling trail stone dust. The applicant claims this material is a smaller, finer
version of "crush and run" gravel.
The first proposed elevated walkway, located on the northern-half of the boardwalk, will be
approximately 310 feet long and 10 feet wide and connect the proposed parking area to the
boardwalk and a canoe/kayak dock.
A second elevated walkway, located near the center of the property, will be approximately
180 feet long and 10 feet wide and connect the proposed parking area to a 150-foot long
dock terminating in a 20-foot by 20-foot canoe/kayak launching platform. The proposed
dock will be installed adjacent to the property's "finger gut" and will cross the boardwalk
approximately 50 feet offshore. The closest existing docks include a 200-foot long pier
structure located approximately 600 feet south of the subject property and a 150-foot long
dock located 1;000 feet north.
The third elevated walkway, located on the southern-half of the boardwalk will be
approximately 90 feet long and 10 feet wide and connect the upland trails with the sound
side boardwalk.'
The proposed 910-foot boardwalk is one of six sections that the Town of Duck and local
businesses envision building. To date, only one section comprising 750 LF of boardwalk
has been constructed approximately .25 miles north of the Town's property. These entities
hope to eventually build approximately 6,300 LF of boardwalk, but this permit application
only addresses the 910-foot section of boardwalk that will be constructed along the property
owned by the Town of Duck. Subsequent sections of boardwalk will be addressed by
additional major permit applications.
Field Investigation Report
Duck Municipal Property, Town of Duck, Dare County
Page 6
9. ANTICIPATED IMPACTS
It is anticipated that the proposed project will cause the following impacts:
• Construction of the sound side boardwalk and two observation platforms will disturb 9,500
SF (.22 acres) of Estuarine Water/Public Trust Area AECs containing heavy SAV growth.
This construction will also disturb 197 SF of Coastal Wetlands AEC. These structures will
shade the same area upon their completion.
• Construction of the boardwalk and associated observation platforms and canoe/kayak
launches and docks will temporarily increase the turbidity of the shallow waters of the
Currituck Sound._
• The proposed southern elevated walkway will disturb 400 SF (.009 acres) of the 75-foot
Estuarine Shoreline AEC and 500 SF (.01 acres) of Estuarine Water/Public Trust Area AEC
during construction and will shade the same area upon its completion.
• Construction of the centrally located elevated walkway and associated dock and canoe/kayak
launch will disturb 1,800 SF (.04 acres) of the 75-foot Estuarine Shoreline AEC and 1,900
SF (.04 acres) of Estuarine Water/Public Trust Area AEC containing heavy SAV growth.
These structures will shade the same area upon their completion.
• The northern elevated walkway and canoe/kayak dock will disturb 2,500 SF (.06 acres) of
U.S. Army Corps of Engineers Section 404 wetlands, 312 SF (.007 acres) of Coastal
Wetlands, 800 SF (.02 acres) of Estuarine Shoreline AEC, and 500 SF (.01 acres) of
Estuarine Waters/Public Trust Area AEC during construction and will shade the same areas
upon their completion.
• The upland development will result in the disturbance of 148,975 SF (3.42 acres) or 38% of
the 392,911 SF (9.02 acres) comprising the entire tract.
• If the covering of the proposed driveways and parking area with GEO-WEB based
GRAVELPAVE and/or GRASSPAVE is considered impervious, then the proposed
development will create 37,175 SF (.85 acres) of impervious area; none of which will be
located within the Estuarine Shoreline AEC. The 37,175 SF represents 9% of the 392,911
SF (9.02 acres) comprising the entire tract.
Construction of the upland trails will fill 322 SF of Estuarine Shoreline AEC. The filling of
this area with trail stone dust will also create 322 SF of impervious area.
The proposed upland development will not impact the small cemetery containing the remains
of the Rogers family that is located immediately adjacent to NC Highway 12 approximately
50 feet north of the proposed driveway/road accessing the parking area. The closest
development will be the driveway/road leading to the proposed parking lot and the proposed
playground area. The road will be constructed 60 feet southeast of the cemetery and the
Field Investigation Report
Duck Municipal Property, Town of Duck, Dare County
Page 7
playground area will be built 60 feet west of the cemetery.
• The proposed development will not interfere with the navigation of local waters.
Submitted By: John Cece Jr.
Date: July 25, 2006
i
r VI 111 1J%-1V1-lvlr -1

APPLICATION
l (To be completed by all applicants) 2 0 Q? 1 2
E
1. APPLICANT
a. Landowner:
Name: Town of Duck, North Carolina c/o
Christopher Layton (Town Manager)
Address: 1240 Duck Road, Suite 106
P.O. Box 8369
City: Duck State: NC
i
Zip: 27949 Day Phone: [phone]
b. Authorized Agent:
Name: Vanasse Hangen Brustlin, Inc.
Address: 351 McLaws Circle, Suite 3
City: Williamsburg State: VA
Zip 23185 Day Phone [phone]
Fax: [phone]
I
c. Project name (if any): Duck Municipal Property
NOTE: Permit will be issued in name of landowner(s), and/or project name.
2. LOCATION OF PROPOSED
G
t
PROJECT
a. County: Dare County
b. City, town, community or landmark
Town of Duck
Julj
C. Street address or secondary road number
1196 Duck Rd., Duck, NC
d. Is proposed work within city limits or planning
jurisdiction? XYes No
e.' Name of body of water nearest project (e.g. river,
creek, sound, bay) Currituck Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g. building a
home, motel, marina, bulkhead, pier, and excavation and/or
filling activities.
Improved site entrances: drainage improvements: sound-side
boardwalk: canoetkayak launch: amphitheater: picnic
shelter-, town green and gazebo: parking: small
information/inter retive center: la area: and paths and r
walkways (?or,?/s " Vf
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
c. Will the project be for public, private or commercial
use? Public use
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project. If
more space is needed, please attach additional pages.
The purpose of the project is to provide public access to the
water through construction of a public sound-side park
that will include a sound-side boardwalk, launch and tie-up
facilities for canoes and kayaks, nature trails, an
amphitheater, and a picnic shelter. Interpretive facilities
will be constructed to educate the public on local ecological
conditions. The proiect will ultimately serve to increase
pedestrian safety in Duck by diverting some foot traffic
away from Duck Road.
r 5V
Revised 03!95 (1i+ fr {?K#i? i?
??t1S?.r.?wi?+.iaC4ft'x+ev+ ?,??pc?CN
a.
4. LAND AND WATER
CHARACTERISTICS
9,0; ?a# a. Size of entire tract: 0 acres 1
b. Size of individual lot(s) N/A
C. Approximate elevation of tract above MHW or
NVVL varies: 0-33' NAVD 88
d. Soil type(s) and texture(s) of tract Duckston fine sand
e. Vegetation on tract: live oak, loblolly pine, american
holly, red maple willow oak, sweetgum, giant cordgrass,
cattail sawgrass black needlerush, etc. (See attached)
in. Describe existing wastewater treatment facilities. N/A
n. Describe location and type of discharges to waters of the
state. (For example, surface runoff, sanitary wastewater,
industrial/commercial effluent, "wash down" and
residential discharges.) Surface runoff flows into
central drainage swale and adiacent coastal wetlands.
o. Describe existing. drinking water supply source. N/A
f. Man-made features now on tract Dilapidated
boardwalk
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
X Conservation Transitional
Developed X Community
Rural X Other (Open Space)
h. How is the tract zoned by local government?
Village Commercial
i. Is the proposed project consistent with the applicable
zoning? XYes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes XNo
If yes, by whom?
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property? Yes XNo
1. Are there wetlands on the site? XYes No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? Yes -
Site deliniated by VHB and confirmed by
Corns on July 21, 2005 and CAMA on
January 12, 2006
(Attach domowntation, if available)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the following
items must be submitted:
• A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected properties. If the applicant is not claiming to be
the owner of said property, then forward a copy of the deed
or other instrument under which the owner claims tide,
plus written permission from the owner to carry out the
project.
• An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink on an
8 1/2" by 11" white paper. (Refer to Coastal Resources
Commission Rule 710203 for a detailed description.)
Please note that original drawings are preferred and only
high quality copies will be accepted. Blue-line prints or other
larger plats are acceptable only if an adequate number of
quality copies are provided by applicant. (Contact the U.S.
Army Corps of Engineers regarding that agency's use of
larger drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to guide
agency personnel unfamiliar with the area to the

Revised 03195
a va ua ar,,..a.a a.aa a ?
, i
site. Include highway or, secondary road (SR) numbers,
landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• 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. Upon signing this form,
the applicant further certifies that such notice has been
provided.
Name Sineath Properties, LLC c/o Nags Head
Hammocks LLC
Address PO Box 1602, Greenville, NC 27835
Phone
Name H and H Partnership
Address PO Box 1030, Nags Head, NC 27959
Phone
Name
Address
A list of previous state or federal permits issued for work on
the project tract. Include permit numbers, permittee, and
issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR) to
cover the costs of processing the application.
• A signed AEC hazard notice for projects in oceanfront and
inlet areas.
• A statement of compliance with the N.C. Environmental
Policy Act (N.C.G.S. 1 13A -1 to 10) If the project involves
the expenditure of public funds or use of public land's,
attach a statement documenting compliance with the North
Carolina Environmental Policy Act.
Rc,iscd 03195
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in the
application. The project will be subject to conditions and
restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's approved
Coastal Management Program and will be conducted in a
manner consistent with such program.
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.
This is the 1N M day of VV"',vt, , 20 041
Print Name: G? 6 T.
Signature:
owner or oil rued Agent
Please indicate attachments pertaining to your proposed project.
_ DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
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 which relate to this proposed project.
a. Dock(s) and/or Pier(s)
(1) Commercial XCommunity Private
(2) Number 1
(3) Length 180'
(4) Width 10'
(5) Finger Piers Yes XNo
(i)Number
(ii)Length
(iii)Width
(6) Platform(s) X Yes No
(i) Number 3 6i
(ii) Length 10 2 $%?
(iii) Width 20 '?
(7) Number of slips proposed N/A
(8) Proximity of structure to adjacent riparian
property lines 16'. 50'
(9) Width of water body several miles
(10) Water depth at waterward end of pier at
MLW or NWL -1.0' NWL
b. Boathouse (including covered lifts) - N/A
(1) Commercial
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) - N/A
(1) Number
(2) Length (s)
d. Breakwater (e.g. wood, sheetpile, etc.) - N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys - NIA
(1) Commercial Community Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoys) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) - N/A
(1) Commercial Community Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description) N/A
-'owA es- ??ck
A a or Project Nam
Sigttature
5holou
Date
Revised 03195
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.
a. Type and number of buildings, facilities, units or
structures proposed Amphitheatre, picnic shelter,
gazebo. information/interpretive center
b. Number of lots or parcels N/A
C. Density (give the number of residential units and the
units per acre) N/A

,.:V
i. Describe proposed method of sewage
disposal. Septic tank and drainfield
j. Have the facilities described in Item i. above
received state or local approval? Yes
k. Describe location and type of proposed
discharges to water of the state (for example,
surface runoff, sanitary wastewater,
industrial/commercial effluent, "wash down"
and residential discharges). surface water
runoff
d. Size and area to be graded, filled or disturbed 1
including roads, ditches,' tc.
,q
?f ?-3N
e. If the proposed project will disturb more than
one acre of land, the Division of Land Resources must in.
receive an erosion and sedimentation control plan at least
30 days before land disturbing activity begins. If
applicable, has a sedimentation and erosion control plan n'
been submitted to the Division of Land Resources?
Yes -2L-No ` To be submitted
f. List the materials (such as marl, paver stone, asphalt, or
concrete) to be used for paved surfaces. (6?AVQ-P V
&gjf LtP,iS 5 ceuepeEe•in parking lot and entrance roads; stone dust
% paths
tt?
g. Give the percentage of the tract within 75 feet of MI-1W "?l
or NWL, or within 575 feet in the case of an Outstanding
Resource Water, to be covered by impervious and/or
built-upon surfaces, such as pavement, buildings,
rooftops, or to be used for vehicular driveways or
parking. 0.003
h. Projects that require a CAMA Major
Development Permit may also require a Stormwater
Certification. Has a site development plan been
submitted to the Division of Environmental
Management for review? ! Yes X No
Site plans and application to be submitted in the near
future.
Describe proposed drinking water supply
source (e.g. well, community, public system,
etc.) Community, Public system
Will water be impounded? Yes X No
If yes, how many acres?
If the project is an oceanfront development,
when was the lot(s) platted and recorded? N/A
lWy\ OT NCK
lAppl* ant or Proj ct Name
Si e
I 0 ?p
Date
Revised 03/95
MAJOR PERMIT FEE MATRIX
Applicant: Town of Duck

Selection Development Type Fee DCM % DWQ %
{
F (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial
development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
ll. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
- oro enswater,areas:
II. For development that - ,
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
? commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
E] Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
I
additional
determined that
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
E] Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
o en water areas:

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CAMA Permit Support Document
JUL 0 7 2006
COASTAL ItNAGEMENT
ELIZABETH CITY
Duck Municipal Property -
WaterfuontAccess & Park
Project
Town of Duck, NC
Prepared for Town of Duck
Town Managers Office
1240 Duck Road, Suite 106
Duck, NC 27949
Prepared by
VHB, Inc.
Transportation, Land Development, Environmental Services
351 McLaws Circle, Suite 3
Williamsburg, Virginia 23185
July 2006
Table of Contents
Introduction - Purpose and Need .......................................................................................2
Existing Conditions ...............................................................................................................5
Final Project Design ..............................................................................................................5
Environmental Affects ..........................................................................................................6
Permitting Considerations ...................................................................................................6
1 Appendices ..............................................................................................................................8
Appendix A: Wetlands Delineation and Maps .............................................................................
404 Wetlands and CAMA Wetlands Boundary Map ........................................
Appendix B: Property Deed .......................................................................................
R:31994.00\docs\VARIOUS\CAMA Application\ContentsAm
PERMIT SUPPORT DOCUMENT
TOWN OF DUCK
MUNICIPAL PROPERTY PARK
Introduction
The Town of Duck is proposing to develop a municipal park within town limits on a 10-acre parcel located
between NC 12 and the Currituck Sound (Sheet 1). A series of public meetings were conducted during
2004-05 to receive public input on suggested uses of the recently acquired municipal property. Results
from those public meetings clearly indicated that the residents of Duck were mostly interested in passive
recreational uses, including open green space and public access to the Currituck Sound. Based on this input
the Town is pursuing the development of a community facility that would provide limited water access to
the sound, a soundside boardwalk, vehicular parking, trails, playground, visitor center and restrooms, picnic
shelter, open-lawn area, and an amphitheater. The purpose of this document is to provide the readers with
background information on the property, define the purpose and need of the project, describe site
conditions, proposed) impacts, and benefits associated with the proposed development plan.
Purpose and Need
The Town of Duck is situated on the Outer Banks of North Carolina, between the communities of Southern
Shores and Corolla. Town limits extend from the Atlantic Ocean to Currituck Sound. The only road access
to and from Duck is Duck Road (NC 12), which runs north south along the outer banks. Over the past 30
years Duck has become a thriving summer vacation destination with a multitude of family vacation rentals,
inns, restaurants and commercial/retail businesses. Construction activities have been bustling during this
current period of regional and national growth. Summertime population for Duck expands to approximately
15,000 people, a 30xj increase from its permanent population.
One of the primary driving forces behind the proposed project is the fact that there are no public parks or
public water access facilities on the Currituck Sound within the Duck area. The Town has recognized this
even more with the accelerated development and increasing numbers of visitors and residents. By acquiring
the 10-acre property (which was previously proposed for development of a supermarket), the Town is now
positioned to provide an outstanding public amenity to the residents and visitors of Duck. The Park will
provide a location for canoe and kayak enthusiasts to drive to, park their vehicles, and safely launch their
canoes/kayaks into the Currituck Sound. The Park will also provide for a central community park where the
people can enjoy and, appreciate the natural surroundings of the barrier island system, while picnicking,
walking, enjoying a summer concert, or just traveling from one end of Duck to the other.
One of the primary components of the proposed plan is a soundside boardwalk that extends north-south for
approximately 910 feet along the waterfront property. Sheet 5 depicts a 10-foot wide, elevated boardwalk
traversing from the southern property line to the northern property line with various east-west access
elements. One of the east-west access components is the canoelkayak launch pier that would be linked with
the municipal parking lot. This element of the Park has already received funding through the North
Carolina Public Beach and Coastal Waterfront Access Program. The proposed 910-foot long soundside
boardwalk is a significant component of a much bigger master plan to develop an overall soundside
boardwalk that would extend throughout the village commercial district along the sound. Figure 1 shows
various components of the envisioned boardwalk system that includes the proposed 910-foot section at the
municipal park, an existing 750-foot section along the existing waterfront shops area, and a total of 4,700
feet proposed for four separate sections along commercial properties.
The primary public benefit of the master boardwalk along the soundside is to provide alternate pedestrian
routing through the commercial district of Duck. Currently the designated pedestrian walking/biking route
is a 4-foot wide strip of paved shoulder along NC 12. The shoulder facility within the commercial district
i
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connects to a wider, alternate alignment that is separated from vehicular traffic, but this only exists outside
of the commercial district. During the tourist season the Town experiences many safety incidents within the
pedestrian path due to its narrow configuration, high occupancy, and close proximity to vehicular traffic.
The Town feels that a soundside boardwalk would alleviate much of the safety issues associated with the
current bike/ped path by providing an alternate, ADA compliant, pedestrian route.
Existing Condition
The municipal property can be separated into two distinct areas that are divided by an existing swale/wetland
feature that extends from NC 12 to the sound. The area on the north side of the Swale ranges in elevation
'
'
between 12
and 1
(Normal Water Level - NWL) with the vast majority of this area being comprised of a tidal
marsh and hardwood swamp. The swamp contains red maple (Ater rubrum), sweetgum (Liquidambar
styraciflua), Caroliia willow (Salix caroliniana), wax myrtle (Myrica cerifera), sweet bay (Magnolia
virginiana), royal fern (Osmunda regalis), and catbriar (Smilax laurifolia). The coastal wetlands contains
species of spartina grass (Spartina repens, S. cynosuroides), phragmites (Phragmites australis), and saw grass
(Cladium jamaicense). The coastal wetland line, however, extends landward beyond the limits of the
herbaceous tidal marsh and into the hardwood swamp. The limits of coastal wetlands were identified by Mr.
John Cece of CAMA and are shown on Sheets 4 and 5 of the permit application drawings.
i
The wetland swale between the northern and southern areas is a non-tidal wetland feature dominated by
Carolina willow, elderberry (Sambucus canadensis), tearthumb (Polygonum sp.), and arrowhead (Saginaria
latifolia). The property on the southern side of the wetland swale transitions from elevation 2.5' to 33' (NWL).
The higher elevations are comprised of a maritime evergreen and deciduous forest, while a narrow band of
coastal wetlands extends along the lower flanks of the northern area along the sound. This band of coastal
wetlands is comprised mostly of big cordgrass.
Limits of the nontidal, Section 404 wetlands were delineated by VHB and reviewed and confirmed in the field
on July 21, 2005, by Mr. William Wescott of the Corps of Engineers (see attached jurisdictional map and data
sheets). However, an official confirmation letter has not been issued by the Corps. We trust that the
information contained in Appendix A will allow for the Corps to provide an official confirmation.
Final Project Design
Soundside Boardwalk, Bridge and Platforms: The proposed 10-wide soundside boardwalk (Section C-C,
Sheet 10) extends for approximately 910 linear feet from the southern property line to northern property
line (Sheet 5). Each end of the soundside boardwalk is shown with a terminal observation platform that is
10-foot wide by 20-foot long. The entire boardwalk is of an open-pile elevated design with the deck surface
at elevation 7.0' (NWL). A short section of the boardwalk is called out as a bridge and is elevated to 8.9'
(NWL). The bridge transitions back down to elevation 7.0' where it intersects the primary launch pier that
extends into the sound. One additional platform, located in the central portion of the soundside boardwalk,
is intended to serve as an overlook and also as a temporary docking area for canoes and kayaks. This
observation platform/dock steps down to elevation 3.0' (NWL), as shown in Section D-D on Sheet 11.
Canoe/Kayak Launch Dock: The canoe/kayak launch is also a 10-foot wide, open-pile elevated dock that
begins near the parking area and ramps up slowly to elevation 7.0' (NWL) at the intersection with the
soundside boardwalk: From this point the dock ramps down at a 5% slope to the launch dock elevation of
3.0' (NWL) (see Section B-B on Sheet 9). Overall length of the dock is approximately 180 feet from the
normal water level. The launch dock is approximately 410 feet from the parking lot and 100 feet from the
soundside boardwalk. At the terminus of the dock is a 10-foot wide by 20-foot long platform for launching
and recovering car-top vessels such as canoes and kayaks. This particular facility received grant funds
through the North Carolina Public Beach and Coastal Waterfront Access Program, and would be the first
phase of constructionpri the municipal property.
Hardwood Swamp Boardwalk: A 350-foot long, open-pile, elevated boardwalk is proposed beginning from
the northern end of the parking lot and extending westward to connect with the soundside boardwalk (Sheet
PA31994.00\docsWARI0US\CAMA Application\DUCKPSD050206.doc 5
?I
5; Section E-E, Sheet 11)). This section of boardwalk would not be elevated as high as the soundside
boardwalk since it is traversing through the hardwood swamp where shading impacts are less of a concern.
The boardwalk would be aligned through the forested swamp to avoid all trees to the greatest extend
possible. Select pruning would be required in order to facilitate construction and also to create walking
clearances from the, boardwalk deck (EL. 4.0 NAVD88). The swamp boardwalk connects with the
soundside boardwalk at the location of the observation platform/dock where canoes and kayak may be
' temporarily tied up.
Environmental Affects
1 The open-pile, elevated soundside boardwalk was located channelward of coastal wetlands in order to avoid
any potential shading impacts caused by the structure. Only in one location does the boardwalk cross 197
square feet of coastal wetlands (mostly big cordgrass). The structure, however, is elevated 4 to 5 feet
(measured from the bottom of the deck structure) above the marsh substrate and oriented in a north-south
direction. These factors should minimize the shading by allowing sunlight to penetrate under the deck.
Temporary disturbances to the coastal wetlands would likely occur during construction, but the area would be
restored to original grade and replanted. Also, the boardwalk will traverse areas of known submerged aquatic
vegetation (SAV), but the grass densities are fairly low and the elevated boardwalk should have minimal
shading impacts. Overall impacts to the environment should be negligible.
The open-pile, elevated dock for launching canoes and kayaks is located on an upland ridge extending from the
parking area to a point where it crosses the shoreline. The crossing location was selected due to a break in the
coastal wetlands resulting from ongoing shoreline erosion. The launch dock extends out into an area of
1 Currituck Sound where various species of SAV have been observed. The dock does not extend into the deeper
waters where grass densities appear to increase. The area around the dock is described as having very sparse
densities. The 2005 aerial photograph of the property was used to define the boundaries between SAV grass
densities (see Sheet 2 Existing Conditions). Impacts to wetlands and SAV should be negligible.
I'
Finally, the open-pile, elevated boardwalk crossing through the hardwood swamp should not have any shading
impacts to coastal wetlands due to the existing tree canopy. The boardwalk will be aligned to avoid all trees to
the greatest extend possible. Minimal impacts will occur due to pruning and select removal. The westernmost
segment of the boardwalk does break through the forested swamp and crosses a short segment of herbaceous
marsh. Shading impacts in this area will be minimized by elevating the boardwalk from 4.0' to 7.0' (NWL) to
align with the soundside boardwalk. Minimal shading impacts are confined to an area of 312 square feet of
coastal wetlands. Overall, the impacts to the hardwood swamp and coastal wetlands should be minimal.
Permitting Considerations
j'
The specific use standards (15A NCAC 07H .0208) for docks and piers state that piers shall not exceed six feet
in width and shall be elevated a minimum of three feet above the wetlands. Wider piers and docks shall be
permitted only if the greater width is necessary for safe use, to improve public access, or to support a water
dependent use that cannot occur otherwise.
i
The Town considered a 6-foot wide boardwalk and launch dock in order to satisfy the use standards stated
above, but determined this width was too narrow for the intended use. The public access dock and boardwalks
have been designed with a 10-foot width and are elevated a minimum of five feet (measured from the bottom of
the deck) above the coastal wetlands. A single exception to this is the hardwood swamp boardwalk that is
elevated several feet above the substrate, but it is within a forested area where shading impacts are negligible.
Generally, the proposed height would seem to satisfy the height criteria, but the proposed width exceeds the
width criteria by 4 feet.
The design width on the facility was determined to be necessary for the safe use of the public for transporting
canoes and kayaks back' and forth from the parking area to the launch dock. Consideration was also given to
non-boaters who might be using the same access pier to gain access to the soundside boardwalk. The 10-foot
width would afford sufficient room for two-way traffic between the boaters and pedestrians (including
PA31994.00\docs\VARI0US\CAMA App1ication\DUCKPSD050206.doc 6
1

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1

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1 I
I
handicapped users) The Town is also considering the long-term plan for providing an alternative route for
pedestrian traffic from NC 12 and along the soundside boardwalk. A 10-foot width on this section of the
boardwalk would safely accommodate walkers, baby strollers, joggers, and bicycles (unmounted). It is noted
that under 15A NCAC 07M.0302.6 "local access sites" allow for crossings and piers, if needed, that generally
provide a minimum?width of 10 feet. The Duck municipal site is clearly providing public access to public trust
areas and the proposed boardwalk width of 10 feet seems to be a reasonable request for gaining access.
I
Furthermore, consideration was given to recently promulgated guidelines by the American Association of State
Highway Transportation Officials (AASHTO) citing a minimum width of 10 feet for multi-use trail facilities.
Although bicycle riding will be prohibited on the boardwalk, it is anticipated that a wide variety of users will
access the facility (including cyclists pushing bikes). Also, the railing on the boardwalk strictly limits the
effective width of the structure (whereas a 10-foot wide at-grade path includes shoulder space that increases the
effective width).
In addition to conflicts on the 4-foot wide on-road section of the existing trail, the Town has received increased
complaints about overcrowding on the 8-foot wide off-road section. Use of the proposed soundside boardwalk
is likely to match or exceed use of the 8-foot path, and the Town hopes to avoid undue conflicts by proposing
the 10-foot width.
?I
On a final note, the Town has become aware of slight to moderate shoreline erosion rates along the waterfront
property and will likely pursue future marsh restoration/stabilization efforts. Additional studies will be
required to identify problem areas and potential solutions, but the Town is very interested in utilizing "living
shoreline" techniques that can restore habitat and provide erosion control. This component of the project will
be reviewed with the appropriate agencies at some time in the near future.
REFERENCES
Krings, Alexander. 2004. Vegetation Survey of the Municipal Property (Duck, North Carolina). North
Carolina State University, NC. 13 pp.
PA31994.00\docs\VARIOUS\CAMA Appfication\DUCKPSD050206.doc
7

Appendix A
Wetland Delineation and Mapping
P:131994.00\do=%VARIOUSICAMA Application\Contents.doe
Transportation
'Land Development
Environmental •
Services
imagination I innovation I energy Creating results for our dients and benefits for our communities

ii

t
May 2, 2005
Ref: 31762.00
Mr. William Wescott
U.S. Army Corps of Engineers
P.O. Box 1000 -
Washington, North Carolina 27889-1000
Re: Town of Duck
Dare County, North Carolina
Jurisdictional Delineation Confirmation
Dear Mr. Wescott:
Vanasse Hangen Brustlin, Inc. (VHB) has been retained by the Town of Duck in Dare County to
perform a wetland delineation on a ±10 acre parcel located between Duck Road (NC 12) and
Currituck Sound (Figure 1). The purpose of the delineation is to establish the limits of jurisdiction
prior to designing a proposed municipal center. We are requesting COE review of the delineation in
order to receive formal confirmation of the jurisdictional limits.
The property is mostly wooded, comprising of maritime forests in the uplands and hardwood swamp
between the uplands and Currituck Sound. Uplands contain live oak (Quercus virginiana),
Darlington oak'(Quercus hemisphaerica), black cherry (Prunus serotina), sassafras (Sassafras
albiduni), pignut hickory (Carya glabra), yaupon holly (Ilex vomitoria), greenbriar (Smilax bona-
nox), and wild grape (Vitis rotundifolia). An out parcel is located in the center of the property
currently occupied by Herron's Restaurant. Just north of the restaurant is an abandoned house with a
small family cemetery. The northernmost property boundary borders an existing church.
i
Soils on the parcel are identified by the Soil Survey of Dare County, North Carolina as the following
mapping units (Figure 2).
Osier fine sand, 0-2% slopes (OsA)
• Currituck mucky peat, 0-1 % slopes (CuA)
Corolla fine sand, 0-6% slopes (CoB)
Fripp fine sand, 2-30% slopes (FrD)
.. I
PA31763.00\docs\Iitus\C0E 5-2-03.doc
? s
•a .
351 McLaws Circle, Suite 3
Williamsburg, Virginia 23155-6316
757.220.0530 C. FAX 757.z2-3.9544
email: [e-mail]
w,xvw.vhb.com
1

J
Mr. William Wescott
Corps of Engineers
May 2, 2005
Page 2 of 2.
Three separate wetland systems were identified and delineated on the property (Figure 3). The
largest system corresponds to the tidal marsh and forest fringe in association with Currituck Sound.
The marsh system contains species of spartina grass (Spartina repens, S. cynosuroides), and phragites
(Phragmites;australis). The forested area is dominated by red maple (Ater rubrum), sweetb m
(Liquidambar styraciflua), and Carolina willow (Salix caroliniana) with wax myrtle (Myrica
cerifera), sweet bay (Magnolia virginiana), royal fern (Osmunda regalis), and catbriar (Smilax
laurifolia) in the understory.
Two non-tidal wetland systems occur on the site that appears to function as a result of a high
groundwater table and runoff from State Road 12. Carolina willow, elderberry (Sambucus
canadensis), tearthumb (Polygonum sp.), and arrowhead (Sagittaria latifolia) can be found in these
wetlands. Adjacent uplands are disturbed areas dominated by Chinese privit (Ligustrum sinense),
blackberry (Rubus argutus), and dense patches of honeysuckle (Lonicera japonica).
After review of this package, please call me to schedule a site visit to inspect the delineated areas. I
can be reached at 757=220-0500, or by email at tdavis @vhb.com.
I
Very truly yours,
' VANASSE HANGEN BRUSTLIN, INC.
' R. Timothy Davis, PWS
Senior Environmental Scientist
Attachments

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Property Deed
P-A37994.oo\d=XVAF000SXCAMA Application Contents.doe
Appendix B
1I
. t ?
Filed OaoM: teat Poses' 100
?• . 1111012002 00:00PA Doo Id: 0117402
Doo t:ada, DEED ;;"&'.1,'. 0; 07327
_ MR/tiRR R DRAY_ REOrSTER OF DEMO, DARE DTax pd, 00000.00
`IOIIdIIIIID?III?ll?llal??lll?lnlll?n??a ei; 41
11!10!2007 MOM
APPROVED
DARE COUNTY TAX
' CO CTOR
NO. 'd
Transfer Tax 545,000.00
Excise Tax S9,000.00
REAL, ESTATE
DARE • 77UNSFER TAX
COUNTY ' .. '?
Tax Lot No. Parcel Identifier No. _
Verified by County on the _ day
Time, Book and
2003
by
i
Mail after recording to Robert B. Hobbs, Jr., Esq., Homthai, Riley, Ellis & Maland, 2502 South Croaton Highway, Nags
Head, NC 27959-0310 I
This Instrument was prepared by Franz R. Rassman, Esq., Akin Gump Strauss Hauer & Feld LLP, 1333 New Hampshire
Avenue, Washington, DC 20036
Brief Description for the Index
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made as of the 18th day of November, 2003 by and between
' GRANTOR GRANTEE
FOOD LION, LLC, TOWN OF DUCK, NORTH CAROLINA,
a North Carolina limited liability company a body corpo7ate and public under North Carolina law
P.O. Box 1330 1240 Duck Road, Suite 106
' Salisbury, NC 28145-1330 Duck, NC 27949
Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or
partnership.
The designation Grantorand Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context
I
WITNESSETH, thatthe Grantor, for valuable consideration paid by the Grantee, the receipt o1whI h is hereby acknowledged,
has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple with special warranty, all that
certain lot or parcel of land situated in the Village of Duck, Atlantic Township, Dare County, North Carolina more particularly
described on Exhibit A attached hereto and made a part hereof.
Grantor by these presents does grant and quitclaim the property more particularly described on Exhibit B attached hereto and
made a part hereof, to the extent that said property is not described in Exhibit A attached hereto.
i
I
SAN102006
N.C. Bar Assoc Form No. 3 ®1977 ,
Printed by Agreement with the N.C. Bar Assoc.
#003
e property described in Exhibit eras acquired by Grantor by instrument recorded in Book 1336, Page 395, Dare County
egistry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
1111111111rantee in fee simple.
d the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and
rantor will warrant and defend the title to the property described in Exhibit againstthe lawful claims of all persons claiming
by, under or through Grantor, except for the exceptions hereinafter stated.
i
tie to the property hereinabove described is subjed to the following exceptions:
urrentiy enforceable easements and restrictions of record.
i
Grantor hereby assigns to Grantee all of Grantor's right, We and interest In and to the general warranties set forth in that
Sartain deed from Delhalze America, Inc. to Food Lion, LLC dated July 1, 2000 and filed in Book 1336, Page 395, Dare County
egistry.
8117482
2 of
60] 06,06
luil?lll??llll?ll11111111gill111111111 ;t/,ors
i
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to
be signed in its corporate name by its duly authorized officers and Its seal to be hereunto affixed by authority of its
Board of Directors, the day and year first above written.
'FOOD LION, LLC,
a North Carolina limited liability company
r
R. I Dixon, Jr.
Vice President
a jf•• •%s
O 0-FAR)"
COIN -'1KK
I
USE
BLACK
IYK
ONLY (SEAL)
(SEAL)
(SEAL)
(SEAL)
North Carolina, Rowan County. I, the undersigned, a Notary
Public of the County and State aforesaid, certify that R. Glenn
Dixon, Jr., 'Vice President'of Food 'Lion, LLC, a North Carolina "
limTfed liability company, p"ersouZly appeared before me this
day and acXd awledged-the.execution of the foregoing instrument.
•,,,,,• ,, O?Y This 17th..day of November,_ 03. My commission expires:. 9?8?06 ,?ilairtmoi - ?LLOja Notary Public
i
SEAL-STAMP USE STATE OF NORTH CAROLINA
BLACK COUNTY OF ROWAN
INK I the undersigned, a Notary Public of the County and State aforesaid certify that before me,
ONLY personally appeared R. GLENN DIXON, JR., who acknowledged Wmset'to be the Vice
President of Food Lion, LLC, a North Carolina limited liability company, and that he, as such
Vice President, being authorized so to do executed the foregoing instrument for the purposes
therein contained, by signing the name of the company by himself as Vice President
Witness my hand and official stamp or seat, this day of November, 2003.
My commission expires: Notary Public
I
te foregoing Certificate(s) of
is/are certified to be correct This in meet and this certificate are duly
registered at the date and time and in the Book and Page shown on the first page hereof.
?A?? VVrf REGISTER OF DEEDS FOR DARE COUNTY
n v 11 ICI 11 1 U Deputy/Amristarif-Register of Deeds.
C. Bar Assoc, Form No. 3 ®1977
t oted by Agreement with the N.C. Bar Assoc
#003
1
!I I
?5117462
1 t l W 12003 06 i 00P1I
EXIIIBIT A
LEGAL DESCRIPTION
PARCEL ONE:
BEGINNING at an iron pipe found on the1 western right of way line of N.C. Highway 12 (Duck
Road), comer for now or formerly Charles M. Godwin as shown on map hereinafter referred to;
thence along the now or formerly Godwin line the following courses and distances: South 79 degrees'
18 minutes 43 seconds West 55.72 feet to an iron pipe found and South 79 degrees 18 minutes 43
seconds West 152.95 feet to an iron pipe found; thence continuing along the now or formerly
Godwin line South. 79 degrees 18 minutes 43 seconds West 163.72 feet to an iron pipe found at the
approximate edge of Currituck Sound; thence in a general northwesterly direction along the eastern
edge of Currituck Sound (and a Canal extending from Currituck Sound into the property) and
following the meanderings thereof to an iron rod found at the approximate water's edge, comer on
Currituck Sound for now or formerly Four Seasons Resort, Inc.; thence along the now or formerly
Four Seasons line, North 80 degrees 14 minutes 13 seconds East 44.38 feet to an imn rod found, said'
iron rod having a tie line distance of 1039.89 feet on a course of North 47 degrees 04 minutes 43
seconds West from the certain iron pipe found in the Charles IV Godwin line, located 163.72 feet'
from the approximate edge of the water, thence continuing along the now or formerly Four Seasons
III line, North 80 degrees 14 minutes 13 seconds East 409.22 feet to a concrete monument found; thence
continuing along the now or formerly Four Seasons line, North. 80 degrees 15 minutes 08 seconds
East 216.10 feet to a concrete monument found in the western right of way line of N.C. Highway 12;
thence along the western right of way line of N.C. Highway 12, said line being a curve having a
radius of 325.70 feet and a chord bearing and distance of South 45 degrees 35 minutes 32 seconds
East 100.06 feet to an iron rod set, comer for Townsend Wheless parcel as shown on the map
hereinafter referred to; thence along the Townsend Wheless parcel the following courses and
distances: South 08 degrees 29 minutes 24 seconds West 140.38 feet to a round concrete monument
found, cornering; South 51 degrees 24 minutes 27 seconds East 99.86 feet to a round concrete
monument found, cornering; and North 63 degrees 02 minutes 57 seconds East 120.66 feet to an iron
rod set in the western right of way line of N.C. Highway 12; thence along the western right of way
line of N.C. Highway 12, said line being a curve having a radius of 809.23 feet and a chord bearing
and distance of South 22 degrees 27 minutes 02 seconds East 64.72 feet to an iron rod set; thence
continuing along the western right of way line ofN. C. Highway 12, South 20 degrees 22 minutes 21
seconds East 40.79 feet to an iron rod found, comer for now or formerly Richard A. Herron; thence
along the now or formerly Herron line the following courses and distances: South 78 degrees 29
minutes 52 seconds West 219.70 feet to an iron rod set, cornering, South 20 degrees 15 minutes 00
seconds East 104.91 feet to an iron rod set, cornering, and North 80 degrees 56 minutes 47 seconds
East 24.17 feet to a round concrete monument found, comer for now or formerly Ken Smith; thence
along the now or formerly Smith line the following courses and distances: South 25 degrees 24
minutes 57 seconds East 199.85 feet to an iron rod found, cornering; and North 79 degrees 48
minutes 18 seconds East 153.76 feet to an iron rod set in the western right of way line of N.C.
Highway 12; thence along the western right of way line of N.C. Highway 12 South 04 degrees 41
minutes 09 seconds West 76.34 feet to an iron rod set; thence continuing along the western right of
way line of N.C. Highway 12, said line being a curve having a radius of 649.64 feet and a chord
bearing and distance of South 00 degrees 34 minutes 29 seconds West 93.15 feet to the point of
beginning, containing 433,765 square feet, 9.96 acres, more or less, and being designated as the
"Townsend Parcel," as shown on map entitied'Boundary Survey for Townsend Properties," prepared
by Waterway Surveys and Engineering, Ltd., dated 5-25-90.
PARCEL TWO:
Beginning at an iron rod set in the western right of way line of N.C. Highway 12 (Duck Road),
comer for the "Townsend Parcel" and the northeast comer of the "Townsend Wheless Parcel" as
designated on the map hereinafter described, said point ofbeginning being located a chord bearing
and distance of South 45 degrees 35 minutes 32 seconds East 100.06 feet from a concrete monument
found at the comer on N.C. Highway 12 between the Townsend Parcel and Four Seasons Resort,
Inc.; thence along the westernright of way line of N.C. Highway 12, said line being a curve having a
nnI,mmII'II m
I I,IIY'?II' UII III?I' III4'I YI YI?? IU I,W ?? II,I P?B , 4!ff 06:01PR
EIIMTf A CONTINUED
LEGAL DESCRIPTION
radius of 325.70 feet and a chord bearing and distance of South 56 degrees 57 minutes 29 seconds
East 27.47 feet to an iron rod set; thence continuing along the western right of way line of N.C.
Highway 12, South 59 degrees 22 minutes 31 seconds East 73.70 feet to an iron rod set; thence
continuing along the western right ofway line ofN.C. Highway 12, said line being a curve having a
radius of 182.14 feet and a chord bearing and distance of South 42 degrees 36 minutes 39 seconds
East 103.22 feet to an iron rod set; thence continuing along the western. right of way line of N.C.
Highway 12, said line being a curve having a 6dius of 809.23 feet and a chord bearing and distance
of South 25 degrees 27 minutes 10 seconds East 19.89 feet to an iron rod set, comer for the
Townsend Parcel; thence along the Townsend Parcel the following courses and distances: South 63
' degrees 02 minutes 57 seconds West 120.66 feet to a round concrete monument found, cornering,
North 51 degrees 24 minutes 27 seconds West 99.86 feet to a round concrete monument found,
cornering, and North 08 degrees 29 minutes 24 seconds East. 14038 feet to the point of beginning,
containing 21,220 square feet, 0.49 acre, and being designated as the "Townsend Wheless Parcel,' as
shown on the map entitled "Boundary Survey for Townsend Properties"' prepared by Waterway
Surveys & Engineering, Ltd., dated 5-25-90.
PARCEL THREE:
Beginning at an iron pipe, said iron pipe being located in and on the Western edge of the 60 foot
right of way of North Carolina Secondary Road 1200 as the same is intersected by the south line of
that lot or parcel of land now or formerly owned by Clyde R. Bartlett, from said beginning point
along the western edge of the aforereferenced right of way South 14 degrees 53 minutes 27 seconds
East 85.36 feet to an iron pipe; thence continuing along the western edge of the aforereferenced right
of way along a curve to the right, said curve having a radius of 270.81 feet an are length of 106.66
feet to an iron pipe; thence continuing along the aforereferenced right of way South 07 degrees 35
minutes 50 seconds West 2.29 feet to an iron pipe; thence South 85 degrees 00 minutes 00 seconds
West 153.26 feet to an iron pipe; thence North 21 degrees 00 minutes 00 seconds West 200.02 feet to
an existing concrete monument; thence North 85 degrees 00 minutes 00 seconds East 196.65 feet to
the point and place of beginning.
• TOGETHER WITH all of Grantor's right, title and interest in and to those certain easements
recorded in Book 359, Page 972, Dare County Registry (previously erroneously referred to as 927).
Reference is hereby made to that map or plat entitled "Survey for Commercial Equities, Ken Smith
Property in Duck, Dare County, North Carolina" by BisseWriangle Associates, Engineers, Planners
' and Surveyors, dated March 28, for a more complete and concise description of the lands being
'herein conveyed.
I
Less, save and except that portion, if any at all, conveyed to the Department of Transportation of
North Carolina by deed dated on or about January 13, 1989, recorded with the Register of Deeds of
Dare County, North Carolina.
Parcels One, Two and Three being the same property conveyed to Food Lion, LLC by Deed dated
July 1, 2000 and filed in Book 1336, Page 395, Dare County Registry.

f I I
1InHill IIIIII?IUil11IIiII11UIIII?IIIIIQ 711111181125431 666:0M
EDIT B
LEGAL DESCRIPTION
ATTACHED TO AND MADE A PART OF THAT CERTAIN DEED FROM FOOD LION, LLC
TO THE TOWN OF DUCK, NORTH CAROLINA.
BEGINNING at an iron pin found on the western right of way line of N.C. Highway 12 (Duck
Road), comer for now or formerly H & H Partnership as shown on map hereinafter referred to;
thence along the now or formerly H & H Partnership line the following courses and distances: South
79 degrees 18 minutes 43 seconds West 55.72 feet to an iron pin found and South 79 degrees 18
minutes 43 seconds West 152.95 feet to an iron pin found, said iron pin being the beginning point of
the tie line hereinafter referred to; thence continuing along the now or formerly H & H Partnership
line South. 79 degrees 18 minutes 43 seconds West 100.44 feet more or less to the mean high water
mark of the Currituck Sound as of August 17,1999; thence in a general northwesterly direction along
the eastern mean high water mark of Currituck Sound (and a canal extending from Currituck Sound
into the property) and following the meanderings thereof to an iron rod found at the approximate
water's edge, comer on Currituck Sound for now or formerly Charles L. Sineath; thence along the
now or formerly Sineath line, North 80 degrees 14 minutes 13 seconds East 27.36 feet more or less
to an iron rod found, said iron rod being the terminus of a tie line having a distance of 1039.89 feet
on a course of North 47 degrees 04 minutes 43 seconds West from the tie line's beginning point
previously identified; thence continuing along the now or formerly Sineath line, North 80 degrees 14
minutes 13 seconds East 409.22 feet to a concrete monument found; thence continuing along the
now or formerly Sineath line, North. 80 degrees 15 minutes 08 seconds East 216.10 feet to a concrete
monument found in the western right of way line ofN.C. Highway 12; thence along the western ri ght
of way line of N.C. Highway 12, on a curve to the left having a radius of 325.70 feet and a chord
bearing and distance of South 45 degrees 35 minutes 32 seconds East 100.06 feet to an iron rod;
thence continuing along the western right of way line of N.C. Highway 12, on a curve to the left
having a radius of 325.70 feet and a chord bearing and distance of South 56 degrees 57 minutes 29
seconds East 27.47 feet to an iron rod; thence along the western right of way line of N.C. Highway
12, South 59 degrees 22 minutes 31 seconds East 73.70 feet to an iron rod; thence continuing along
the western right of way line of N.C. Highway 12, on a curve to the right having a radius of 182.14
feet and a chord bearing and distance of South 42 degrees 36 minutes 39 seconds East 103.22 feet to
an iron rod set; thence continuing along the western. right of way line of N.C. Highway 12, on a
curve to the right having a radius of 809.23 feet and a chord bearing and distance of South 25
degroes 27 minutes 10 seconds East 19.89 feet to an iron rod set; thence continuing along the
western right of way line of N.C. Highway 12, on a curve to the right having a radius of 809.23 feet
and a chord bearing and distance of South 22 degrees 27 minutes 02 seconds East 64.72 feet to an
iron rod set; thence continuing along the western right of way line of N. C. Highway 12, South 20
degrees 22 minutes 21 seconds East 40.79 feet to an iron rod found, comer for now or formerly
Richard A. Herron; thence along the now or formerly Herron line the following courses and
distances: South 78 degrees 29 minutes 52 seconds West 219.70 feet to an iron rod set, cornering,
South 20 degrees 15 minutes 00 seconds East, 104.91 feet to an iron rod set, comering; North 80
degrees 56 minutes 47 seconds East 24.17 feet to a round concrete monument found; and North 78
degrees 29 minutes 52 seconds East 195.36 feet to an iron rod set in the western right of way line of
N.C. Highway 12; thence along the western right of way line ofN.C. Highway 12, South 20 degrees
09 minutes 15 seconds East 71.26 feet to an iron rod set; thence continuing along the western. right
of way line of N.C. Highway 12, on a curve to the right having a radius of 341.04 feet and a chord
bearing and distance of South 09 degrees 45 minutes 07 seconds East 124.64 feet to an iron rod set;
thence continuing along the western. right of way line ofN.C. Highway 12, on a curve to the right
having a radius of 341.04 feet and a chord bearing and distance of South 02 degrees 47 minutes 22
seconds West 22.50 feet to an iron rod set; thence continuing along the western. right of way line of
N.C. Highway 12, South 04 degrees 41 minutes 09 seconds West 57.28 feet to an iron pin found;
thence continuing along the western. right of way line of N.C. Highway 12, on a curve to the left
having a radius of 649.64 feet and a chord bearing and distance of South 00 degrees 34 minutes 29
seconds West 93.15 feet to the point of beginning, and being designated as "Parcel 1, Townsend
Family :Limited Partnership," "Parcel 2, Townsend & Wheless," and ""NIF Garemi, Inc.," all as
shown on map entitled "Boundary Plat ofParcel 1- Townsend Family Limited Partnership & Parcel
2 - Townsend & Wheless," prepared by John B. Maruskin, P.L.S., dated August 31, 1999, revised
-? - I?Illllllllll?lll?lllll?l?lllai??lll(IIIII? P?% 8117482
06:00P17
EX=rT B CONTINUED
LEGAL, DESCRIPTION
I
September 3, 1999, reference to which is hereby made for a more particular description of the parcel
of land herein described.
TOGETHER WITH all of Grantor's right, title and interest in and to those certain easements
recorded in Book 359, Page 927, Dare County Registry.
Less, save and except that portion, if any at all, conveyed to the Department of Transportation of
North Carolina by deed dated on or about January 13, 1989, recorded with the Register of Deeds of
Dare County, North Carolina. I
It is the Grantor's intention by this Deed to convey to Grantee all of Grantor's right, title and interest
in and to all of the property conveyed to Grantor by Deed dated July 1, 2000 and filed in Book 1336,
Page 395, Dare County Registry. j
i
UNE TABLE UNE TABLE
UNE LENGTH BEARING UNE LENGTH BEARING _
L1 1276 S09'11'S1'W L43 39.37 N31'30'18"E L2 44.56 S2310'30'E L44 15.77 S7030'10'E QB
L3 26.54 545'51'19'E L45 36.99 S22'57'22'E 1336
L4 35.58 S0746'50'E L46 16.95 S1238'38'W ' P~ 3
l5 30,98 S02'10'24 W L47 20.84 SD235'55"E 9S
L6 40.26 S49'07'35'W L48 21.46 S44'24'S2"E L7 23.89 50831'49"W L49 14.66 S09'11'40'W AEPAamu1E tDDAADN
L8 18.41 S03'03'08'E L50 23.91 N88'33'06"E DF cwA MEnAAD ~ BASED aH AD7AL
L9 2fi.53 SO6'42'49'E L51 21.39 N23'51'09'E P}p10f21APHY
L10 21.96 S30'05'S9'E L52 10.22 N0740'35"W Lit 40,06 S4738'35'E L53 24.84 N2737'02'W H n B thn In . Vanasse a en rus c g
L12 1205 S11'55'47'E L54 10,86 Ntfi'46'44'E
U3 33.88 S25'S6'51'E L55 49.55 N2210'31"E Trans rtation Po
L14 54.54 S17'37'10'E L56 14.61 S70'54'09'E Land Development
L15 38.36 521'52'08"E L57 14.62 S8fi31'31"E L16 67.19 S37'21'51"W L5B 54.80 S86'44"41"E Environmental Services
.D, CvRRIT PUCg SOi1ND L17 33 S4151'1fi'W L59 25.40 N82'02'15'E
L18 26,74 S19'4T24'W L60 18.68 N53'15'Oi'E 351 McLaws Circle, Suite 3
Li9 2D.52 N78'S4'33'E L61 16.97 N39'08'33'W L20 57.55 N37'51'ZZ'E L62 15.78 N8835'Ofi'W Williamsburg, Virginia 23185-6316
l21 61.39 N43V9'38'E L63 21.05 S64'00'56'W 757 220 0500 • FAX [phone]
l22 37.71 N3535'23'E L64 25.21 N52'23'37'W
L23 57.22 " S14'52'21'E L65 22.99 N77'08'30'W
L24 ii.71 S29'43'04'E L66 15,54 N5415'il"W L25 28.28 SOfi'01'36"W L67 56.29 S45'21'11"W
l26 29.72 S0238'il"W L68 14.36 S36'04'25'W
L27 15.70 S32'24'10'E Lfi9 64.06 S25'59'31"W
L28 16.79 S51Z2'14'E L70 47.88 S67'02'24'W L29 41.00 530'11'05"W L71 44.52 N78'37'00`E
L30 15.30 S13'46'59'E L72 11.71 N65'03'29"E ~ ao
L31 2208 S51'36'35'E L73 18.84 Sfi9'08'10'E
L32 20.38 S15'45'12"W L74 1271 N29'58'58'E „
L33 25.17 7'28'57'E L75 32.71 NO6'54'13"E l34 21.80 51731'58"E L76 18.39 S88'22'18'W
L35 36.88 S37'05'31'E L77 17.27 S4D'41'02'W ARRO~IANE lOCA8011
L36 28.66 S70'S759'E L78 16.33 S52'2731'W R ~ ~a~AeaE
L37 19.42 S2833'05"W U9 16.78 S53'17'15'W 101 ~ OUOK n L38 15.36 56530'20"E L80 19.27 S42'54'58'W °®B0°m'Ea°~i~ N°E
L39 11.07 S801751'E L81 20.72 S51'02'31'W FA~RC?L m°oa~i00oao° I'
L40 38.20 S66'41'S9'E L82 12,12 S30'45'32"E PAIL °0~90D s~ .
L41 23.04 S05'1J'4fi"W L83 28.61 N55'47'10"E L42 21.30 N43'25'24'E L84 21.51 N51'48'12'E
APPRO1NIAlE IDCAION
a cAUA rIENAIn 181E PFA ,8191 G4xE
rF N/f tQw) ~
r 4~ D® 8001( 1531, PADS 180 ZONED YC
~ NF PARCEL 010039000 PARCEL 010041000 APPAOIWIAAi LOCAAON OF CAYA
PARCEL 00982900 NETIAN7 VIE PEA JpM CEO: .

~ rF-20 K~
QII~E EDGE lACA8p10F CAYA ~IIAND IINE BASED
ON AER41L PIID81GRdPHY N80E BASm ON FEtD SURIEY OF Fl1DS MF-GWA7
Ba~sx ~i0, . Le end g
Et , L,D 9f-iD ~ . _...._..i . ~ OIPF IRON PIPE FOUND
~-10 OUISiOE EDGE 1DCA11GII OF is 2 sraRY FRAME BuItDIN6 OIRF IRON ROD FOUND ~~1 NAGS HEAD HAMMOCKS'
'i-CAYAG G1MA IEAAED IDIE BAgD ~ ~ W'S -41 ~ pl AEItlAI PN0106RAPIIY . ~-.tea-~-- MF'-31 , lJ0 EISDE BASID ON RFiD US 8F-16 li4 ~`li3 ~-13 U2 ~ GCMF CONCRETE MONUMENT FOUND ' y~_12 -a
(Jl r-3a1 s~nEr aP RA6S Li3 ~F-13 U2 STREET SIGN
~ ~ ~ Nore -0- UTILITY POLE
,g N:IUIID HAAS n BW ~-CAYM v' ~ ~-~i 16 AWJSIED PEN IISAE£ 1 ~ - - EDGE OF PAVEMENT
A ~-47 ~'-CNEA9 ~ MF-~ ~ 1N'-CANAL ' TREE LINE
NF-16 AF-CAYA3 ~-36 1F-33 t~ o EEAtt~ z,N,D - ~ VEGETATED WETLAND BOUNDARY -a 5 A9315RD PEA usACE WF1-1ao
u" 4 rF-GYA11
MF-1~ 17 r~-s (4 ~ -3 '0~ .1,19' BUILDING
Cr a rF. 2++'
i-GIMA4 ~-DO NF-At8
0 1 MFCAMAI
1 ~ ~ 1 .NI-66 .r ~ 1 r
~ ~ 1 \ N/P
NF-61 L45 -63 ~ ~ R li-A1G -A17 ~ ~ town a~ ouac ~ OEID BOCK 1531, PAGE 188 F J
~ ZONED VC PARCEL 010039000
~ ~ PARCEL 010041000 ' P1dK~l 00982900 /
Yi-Ai! ~ \
Nf-AZO ~ ~
® N/F ll~ ~ aJq( >F-A13 ~ N/F
GEED EN)01( 1'531. PAGE 466 ¦-AZI ~ `p 1 sw~?TM Paws uu:
PARCEL 010039000 ~ NF-A72~ `Y ~ AY4 1 ` PARCF1010041000 ~ -Ai3 1 1 DEED BOOK 1181, PACE 83 Q EM04ED AERIAL PHOTO EDGE OF WA ~/6/OB CF ZOEEO YC l PARCA. 009822D00
PARCEL 00962600 ~ ~ ' ` 1 1 ~ ADDED CAMA WEAAND UNES 3/15/06 CF
b ~9 1 STORY ERANE 'SS MF 1 1 EiURDINC ~ _ h 1 _1 I No. Revision Dote ppvd. l
~ 1 1 . ~ 1 1 ~ ~ r Designed by Drawn by Checked by ~ RWP NLHT
'1• t , CAD checked by Approved by
I E#'-Atb 1 1 a I I 1
~ 1 1 I yy~ ~P-Ax ` , Scole lu~r Oate 9~14/OS
6M I V 1 1 F I 1 ~ 1 Project Title
i ~ ~ -AZ7 1 1 1
x l s-A1o 1 1 ~ 11 I 1 1 un~ci a ro ert
N/F I 1 ~r 1 1 1
H 11 H PARilO191p " I / ~ 1 DEID BOOK 931. PUCE 1~8 ~ - - . i 1 1 own o uc 1~ ~ ~ t
ZONED VC / ~ ' ~ ~ / PAH(1:1. 012276000 1
/ \ ( 87-A6 1 ~ o aro a
/ I ~A7 1 I 1 ~ /
1 11 ~x 1 I ~ ~ 1 ~
f{ ° 2 sraRY Ft~ ~ 1>~ I 1 ~ ~ General Notes issued fa
I BULgNG NF-A3 1F-AP ~ ~ i 'HE>iRON'S RESIURANI' I ti ~ /
I ~ ~ I ~ ~ r~-87 1 / 1. ~ ~ THIS PLAT IS INTENDED TO REPRESENT THE LOCATIONS OF WETLANDS a / ~ ~ / ~ ON T}IE PROPERTIES OF THE TOWN OF DUCK PARCELS 010039000,
~ I ~ ~ ? ~ ' rY-A6 ~ ~ ~ ~ \ I ~ i-AE ~ x-81 ~ ~ ~ ° ~ 010041000, AND 00982900 LOCATED IN THE TOWN OF DUCK, DARE
I ~ ~ ~ ~ ~ / ~ ~ / COUNTY, NORTH CAROLINA AND IS BASED ON A CURRENT FIELD
I ~ i ~ I f rF9, ~ ~ ~ SURVEY. IT IS NOT INTENDED TO REPRESENT A BOUNDARY SURVEY. ~ / ~
I s ~ \ ~ / Drawing Title
~ e ~ ~ ~ I NF-B10 ~ ~ s` / / 2. PROPERTY LINES SHOWN HEREON ARE BASED ON AN UNRECORDED ~ ~ / ,
~ ! ~ N~ I ~ ~ ~ / / PLAT ENTITLED "OVERALL BOUNDARY SURVEY, TOWN OF DUCK / et an atlon a ~ ~ / ~ 9859-16-74-7660, 9859-16-84-0748 & 9859-16-84-1461, n ~
~ \ ~ IppiAAO IL HFARON r~~1 ~ ~ ~ ~ ~ I DEED [ ~ ~AOE 796 / / ATLANTIC TOWNSHIP DARE COUNTY NORTH CARD ~.:w--. ~ ~ LINA ,DATED _ ~ , ; 1
/ ~ ~ ~ ~ PARCEL 010010000 ~ E>ti816 BI ~ NOVEMBER 17 2003 BY QUIBLE & ASSOCIATES P.C. t
~ ~ i-61Z ~ \ ~ ~ \ C) 7
~ \ pF ~ f 8F-81S ~ ~ ~ ~ . ns Y off' ~ 3. THE TOPOGRAPHIC FEATURES SHOWN ARE FROM AERIAL SURVEY BY / , ittt~~.
~ ~ ~ ~ ~ I ~-813 Q ~ ~ 0 ~ / 9 AIR SURVEY, INC. DATED APRIL 15, 2005, FIELD CHECKED AND "~~~`r2~~a,,;,=, ,
~ ~ ~ ~ SUPPLEMENTED BY VHB, INC. JULY 26 & 27, 2005. . , i ~ '~Par~c;
~ \ PF ~1B~E 6i S207Y21'E ~ ~ 1 _ tat m - ~aaor _ _ ~ i ~ ~o ~ °ti / 4. WETLAND DELINEATION BY VANASSE HANGEN BRUSTLIN, INC. ON APRIL
~ 12, 2005. / / Drawing Number
/
D UC8 / / 5. FIELD SURVEY BY VANASSE HANGEN BRUSTLIN, INC. ON JULY 21 & 26,
~ ROAD ~ SR-12 2005 AND FEBRUARY 2, 2006. FIELD COLLECTION DONE WITH LEICA
. ~ ~ / GS50 SERIFS 1;PS WITH AN ACCIIRdCY f1F +3 FFFT
s
40 0 40 80 6. WETLAND FLAGS FIELD VERIFIED BY WILLIAM WESCOTT OF THE UNITED
STATES ARMY CORPS OF ENGINEERS ON JULY 21, 2005. Sheet of
SCALE IN FEET a 1 1
I 7. CAMA WETLAND FLAGS SET AND FIELD VERIFIED BY JOHN CECE OF
CAMA ON JANUARY 12, 2006. Project Number
31994.00
\\VANLL\Projects/31994.00/cad/sr/plonset/31994-wet. dwg