20051099 Ver 1_Complete File_20050607

or
Regulatory Division
Action ID No. 200610382
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
May 15, 2006
t3... FF
O5- 0C1°?
?18t05
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:

ag@9aVr,-'E-' I
MM 2 2 ZN6
`-.,?DE ??oslorAt „ctt
\lb'L'
By letter dated January 13, 2006, Colington Pointe, LLC, was notified of alleged
violations of permit conditions or limitations associated with the construction of a
residential/condominium complex, on property located at 1608 Colington Road, adjacent to Dog
Point Creek and Blounts Bay, in the Community of Colington, Dare County, North Carolina.
Our District Engineer proposes to assess a Class I Administrative Penalty under the authority of
33 U.S.C. § 1319(8) and 33 CFR Part 326.6. We are required to furnish you a copy of the
Proposed Order and the information contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.
i? ?.)Z1i .PI
-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
rr
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200610382
May 3, 2006
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes to
issue an order assessing a Class I Administrative Penalty against Colington Pointe, LLC, for a
violation of permits granted under Section 404 of the Clean Water Act and Section 10 of the
Rivers and Harbors Act.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of the
Army issued Individual Permit No. 200511169 to Colington Pointe, LLC, on October 17, 2005.
This permit authorized the development of a residential/condominium complex, including
construction of a boating access facility, boardwalk, clubhouse, pool, and boat ramp, on property
located at 1608 Colington Road, adjacent to Dog Point Creek and Blounts Bay, in the
Community of Colington, Dare County, North Carolina.
Permit No. 200511169 was violated as follows:
Colington Pointe, LLC, failed to comply with special condition 18 of the permit, which
states, "No vegetated wetlands shall be excavated or filled without permit modification." Special
Condition 19 states that, "The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands are not authorized." Special Condition 22 states
that, "The permittee is advised that this permit does not authorize the filling of any wetlands
associated with the construction of the access road leading to the northern point of
condominiums."
Colington Pointe, LLC, began construction of the residential/condominium complex
without complying with these permit conditions. Colington Pointe, LLC, constructed an access
road through wetlands, resulting in adverse impacts to approximately 5,600 square feet (0.12-
acre) of high quality coastal marsh.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding is
initiated under the authority of 33 U.S.C. 1319(8) and 33 CFR Part 326.6. The procedure for
assessing civil penalties in cases such as this is set out in the statute and the regulation.
Following the discovery and investigation of a violation of a permit, notice is given to the
permittee, the appropriate state agency, and the public. The permittee, the state, or any member
of the public may file comments within 30 days. If requested by the permittee, a hearing will be
held before a Presiding Officer who will submit a report and recommend a decision to the
District Engineer. The District Engineer will issue a Final Order on the case to the permittee.
Public participation in the hearing is permitted if a hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is $11,000.
This proposal is subject to revision in the interest of justice after all evidence and comments have
been received and reviewed. The amount of the penalty that the District Engineer is authorized
to assess as a Class I Penalty is $11,000 per violation and not more than $27,500 total. In a case
involving multiple violators, each violator is subject to a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of this
formal notice of proposed penalty to request a hearing. Written request, by the permittee, for a
hearing should be directed to the District Engineer within this designated comment period and
must state the specific reasons for requesting a public hearing. The request should specify, in
summary form, the factual and legal issues in dispute and the specific grounds for defense. The
permittee has a right to present evidence at the hearing; however, he may not challenge the
permit condition or limitation, which is the subject matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment period,
any person may submit written comments on the proposed Penalty Order. These comments
should be sent to the District Engineer by 4:30 p.m., June 14, 2006. Any submitted comments
will be included in the administrative record relating to the Proposed Order. All information
submitted by the permittee and persons commenting on the Proposed Order will be placed in the
administrative record, which will be available for inspection during regular business hours at the
U.S. Army Corps of Engineers, Wilmington District, 69 Darlington Avenue, Wilmington, North
Carolina. (The administrative record is subject to the provisions of law restricting the disclosure
of confidential information.) Continents should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC HEARING: The permittee and all persons who file comments will be given
notice of any hearing held on this case. The permittee and all commenters will have a reasonable
opportunity to be heard and to present evidence at such hearing, if a hearing is held.
FINAL DECISION: If the permittee does not request a hearing, the District Engineer
may issue the Final Order on this violation on or after 30 days following receipt of this formal
notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a petition to
set aside the order and to hold a hearing is filed by any person who commented on the Proposed
Order and the petition is granted, or (2) an appeal to the United States District Court is taken
under 33 U.S.C. 1319(g)(8).
Permit: USACE Permit No. 200511169
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(8) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing a
Class I Administrative Penalty for violation of the above-referenced permit.
Name/Address of Permittee:
Colington Pointe, LLC
C/O Mr. Jay Overton
Post Office Box 1922
Kill Devil Hills, North Carolina 27948
Permitted Activity:
The development of a residential/condominium complex, including construction of a boating access facility,
boardwalk, clubhouse, pool, and boat ramp, on property located at 1608 Colington Road, adjacent to Dog
Point Creek and Blounts Bay, in the Community of Colington, Dare County, North Carolina, consistent with
the application and plans for USACE Permit No. 200511169.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Colington Pointe, LLC, failed to comply with special condition 18 of the permit, which states, "No
vegetated wetlands shall be excavated or filled without permit modification." Special Condition 19 states
that, "The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized." Special Condition 22 states that, "The permittee is advised that this permit
does not authorize the filling of any wetlands associated with the construction of the access road leading to
the northern point of condominiums."
Description of the Nature of the Violation(s):
Colington Pointe, LLC, began construction of the residential/condominium complex without complying with
these permit conditions. Colington Pointe, LLC, constructed an access road through wetlands, resulting in
adverse impacts to approximately 5,600 square feet (0.12-acre) of high quality coastal marsh.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 11,000; however,
this proposal is subject to revision in the interest of justice after all evidence and comments have been
received and reviewed. %The amount that may be assessed as a Class I Administrative Penalty may not
exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this day of April 2006.
ohn E. Pulliam,' .
Colonel, U.S.
District Co nd?er
\ IN REPLY REFER TO
Regulatory Division
Action ID: 200610383
Itli

oS-1oqq
DEPARTMENT OF THE ARMY G Y
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office ?OQ? I g
P.O. Box 1000
Washington, North Carolina 27889-1000
January 13, 2006
Mr. Craig Phelps
RPC Contracting, Incorporated
Post Office Box 333
Kitty Hawk, North Carolina 27949
Dear Mr. Phelps:

This correspondence confirms your January 12, 2006, onsite meeting with Mr. Raleigh Bland
of my staff, at the Colington Pointe development, located at 1608 Colington Road, adjacent to
Dog Point Creek and Blounts Bay, in the Community of Colington, Dare County, North
Carolina. Messrs. Jay Overton and Randy Saunders with Colington Pointe, LLC, and Ms. Lynn
Mathis of the North Carolina Division of Coastal Management, were also present at this meeting.
The purpose of this meeting was to address non-compliance with the permit issued to Colington
Pointe, LLC, (Action ID No.200511169) and your actions, as contractor, for unauthorized work
undertaken within Department of the Army regulatory jurisdiction.
Special Condition 18 of the subject permit states that, "No vegetated wetlands shall be
excavated or filled without permit modification." Special Condition 19 states that, "The
temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized." Special Condition 22 states that, "The Permittee is advised that
this permit does not authorize the filling of any wetlands associated with the construction of the
access road leading to the northern point of condominiums." Mr. Bland's investigation revealed
that work has occurred on the site in violation of these permit conditions. This unauthorized
work is associated with the construction of the access road referenced above and resulted in
adverse impacts to approximately 5,600 square feet (0.12-acre) of high quality coastal marsh
wetlands.
Noncompliance with the issued permit, including your actions as contractor, constitutes a
violation of Section 404 of the Clean Water Act (33 USC 1344). As you agreed, you are to cease
and desist from any further unauthorized work within waters and wetlands. As discussed with
Mr. Bland, we are considering you jointly responsible for this work and you agreed to cooperate
with the Permittee to remove all unauthorized fill material from wetlands and restore the affected
area to pre-project elevations and contours. Also discussed with Mr. Bland, we are considering
administrative penalties against you for this unauthorized work. Accordingly, you will be
contacted in the near future by Wilmington District's Office of Counsel regarding this matter.
CIS
-2-
Failure to comply with this request may result in referral to the United States Attorney with a
recommendation for civil prosecution and or civil penalty for a violation of permit conditions
pursuant to 33 USCA Section 1319(g)(1)(b).
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
JY {?
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
-3-
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Mr. Dennis Hawthorn
Coastal Area Permit Assistance
120 Jimmy Court
Kill Devil Hills, North Carolina 27948
Mr. Jay Overton
Colington Pointe, LLC
Post Office Box 1922
Kill Devil Hills, North Carolina 27948

IN REPLY REFER TO
Regulatory Division
Action ID: 200610382
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
January 13, 2006
{ f- _
Colington Pointe, LLC
C/O Mr. Jay Overton
Post Office Box 1922
Kill Devil Hills, North Carolina 27948
Dear Mr. Overton:
UL,
This correspondence confirms your January 12, 2006, onsite meeting with Mr. Raleigh Bland
of my staff, and your business partner, Mr. Randy Saunders, at the Colington Pointe
development, located at 1608 Colington Road, adjacent to Dog Point Creek and Blounts Bay, in
the Community of Colington, Dare County, North Carolina. Ms. Lynn Mathis with the North
Carolina Division of Coastal Management, and your contractor, Mr. Craig Phelps of RPC
Contracting, were also present at this meeting. The purpose of this meeting was to address non-
compliance with the permit issued to Colington Pointe, LLC, (Action ID No.200511169) for
work undertaken within Department of the Army regulatory jurisdiction.
Special Condition 18 of the subject permit states that, "No vegetated wetlands shall be
excavated or filled without permit modification." Special Condition 19 states that, "The
temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized." Special Condition 22 states that, " The permittee is advised that
this permit does not authorize the filling of any wetlands associated with the construction of the
access road leading to the northern point of condominiums." Mr. Bland's investigation revealed
that work has occurred on the site in violation of these permit conditions. This unauthorized
work is associated with the construction of the access road referenced above and resulted in
adverse impacts to approximately 5,600 square feet (0.12-acre) of high quality coastal marsh
wetlands.
Noncompliance with your permit constitutes a violation of Section 404 of the Clean Water
Act (33 USC 1344). As you agreed, you are to cease and desist from any further unauthorized
work within waters and wetlands. As you also agreed, you are to remove all unauthorized fill
material from wetlands and restore the affected area to pre-project elevations and contours. Also
discussed with Mr. Bland, we are considering administrative penalties against you for this work.
Accordingly, you will be contacted in the near future by Wilmington District's Office of Counsel
regarding this matter.

-2-
Failure to comply with this request may result in referral to the United States Attorney with a
recommendation for civil prosecution and or civil penalty for a violation of permit conditions
pursuant to 33 USCA Section 1319(g)(1)(b).
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,

David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
-3-
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Mr. Dennis Hawthorn
Coastal Area Permit Assistance
120 Jimmy Court
Kill Devil Hills, North Carolina 27948
Mr. Craig Phelps
RPC Contracting, Incorporated
Post Office Box 333
Kitty Hawk, North Carolina 27949
l'crntit Class 1'cililit I?lunil?er
NE AV doo s _, 09 q------
l?eparttnent of Environment and Natural Resources
and Coastal Resources Commission
for OCT 0..7 2005
_X Major Development in an Area of Environmental CoU,t?yyqE
T RQUALI
pursuant to NCGS 1.13A-118 1t pSMI)STOPJAVATER SaANC8
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Colij Vton Pointe, LLC c/o Jay C3vertort, P.O. Box 1922 Dill Devil Hills, NC, 27948
Authorizing development in Tare County at Mounts Bay and Dog Point Creek, 1608
Colington Rd. , as requested in the permittee's application dated 513105. including the
attached workplan drawings (8), 1 of 1 dated 1/4/04 and 7 dated 3/21/05.
This permit, issued on October 4, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Based on the request received by the applicant, the 10-slip docking facility is hereby removed from this
project. Any reference to the docking facility, including any reference in the workplan drawings, is
hereby null and void.
Subdivision Development
2) This permit authorizes only the land disturbing activities associated with the property located at 1608
Colington Rd., including the 21 single family dwellings, 57 townhouse units, a community building
with pool, a boat ramp, and parking areas associated with the proposed buildings, all as expressly and
specifically set forth in the attached permit application and depicted on the attached workplan drawings.
Any additional land disturbing activities, including the construction of single-family homes, shall be
evaluated on a case-by-case basis by a representative of the Division of Coastal Management to
determine additional permit requirements.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2003
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v ?{
fries S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
,.,.: -,:r> ;::o ::... , n? :..-x? ? ->a: ;c rro: c r::. ? .:. . ::...:.:. . ..., :... ;... . r: ; : >:•r::::.-;a u,-r::-. ?:, o >.._:..::.tt- r. s;.co-: r:: > > ::: .. .. , . , r.. <.. , . ,vo-ss, s..:. . ; o-::. y r..; ; •, r. ... ? ..:.... .. .
Colingt.on Pointe, LL;__: ("rinit lot 1.37-OS
4
Page 2 o:f 4 }
ADDITIONAL CONDITIONS
3) The normal water line and the correspor)ding 30 ft. buffer shall be staked by the permittee or the
permittee's agent and verified by a DClvl Representative on the section of land a(IJacent to Dog Poiut
Creel: to ensure that no structures shall be constructed within the 30 ft. buffer.
4) All retaining walls shall be constructed landward of all wetlands.
Boat I1am) facility,
5) This permit authorizes the boat ramp, and courtesy pier located in or over the water that are expressly
and specifically set forth in the permit application. No other structure, whether floating or stationary,
shall become a permanent part of this boat ramp facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
6) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that shall enter waters of the State.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) Excavation and ground disturbing activities associated with the boat ramp above and below the normal
water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a
ramp no greater in size than specified in the permit application dated 5/3/05 and the attached workplan
drawings, 1 of 1 dated 1/4/04 and 7 dated 3/21/05.
Boardwalk
9) All portions of the boardwalk located over high ground and coastal wetlands shall not exceed a width of
6 ft. and shall be slatted, wooden and elevated. Any portion of the boardwalk located over coastal
wetlands shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom
of the decking.
10) No portion of the boardwalk shall extend more than 1/4 the length of the adjacent canal. The alignment
of the approved boardwalk may be moved landward of its current alignment to comply with this
condition.
Spoil Disposal
11) All excavated materials shall be transported to the high-ground site designated in the attached workplan
drawings. Use of an alternative disposal location shall require additional approval from the Division of
Coastal Management.
12) No spoil material shall be placed within 30 feet of the normal water line without permit modification.
t C:olingtioit Points LLC; IA-rcnit, 4 137-1,15
3 of 4-
x y:
r
ADDIT ONAL CONDITIONS
i
is
r Sedimentation and l-,rosion Control
13) The N.C. Division of Land Resources, Land Quality Section approved this project under Erosion and
Sedimentation Control Plan No. Dare-2005-010 on 1/31/05. An} violation of the permit approved by
Land Quality shall be considered a violation of this CAMA permit.
StorniNyater Management
14) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7041117 on 3/18/05. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
General
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structures or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
16) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons' the
permitted activity without having it transferred to a third party.
17) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
18) No vegetated wetlands shall be excavated or filled without permit modification.
19) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized.
20) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
21) The authorized structures and associated activities shall not cause an unacceptable interference with
navigation.
22) The permittee is advised that this permit does not authorize the filling of any wetlands associated with
the construction of the access road leading to the northern point of condominiums.
...Jr::,?.•::?:4<v-+.!i;. rr. .4...?- .:..:vr...:":!::4: }::-:-`. S;^:..-. Kra.:'.?.:r. ..:..n??v....>n; :. ..+ .... .. ... .:. .!,.S•:i:.:+-?'r::'^'r;4:•hi:i4•:44-: '?'. i.i?; •y..... .. r: 4: i:?
Colington Poi'at.e, LLLC
ADDITIONAL CONDITIONS
Per. init. 41137-0S
Page 4 of 4
NOTE: l.'he permittee is advised Ilaat DCM staff have determined that the width of the existing access
road leading to the. northern point of condonniniunns is less than the 20' shown in the attached
drawings. Should the permittee wish to widen this access road, he may apply for a modification
to this permit to construct a bridge to this area. Contact a DCM representative at 252-264-'3901
to apply for this modification.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that shall be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 05-1099), which was issued on 08/08/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200511169.
oW ArF9QG
co 7
O 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 8, 2005
Mr. Jay Overton
Colington Pointe, LLC
P.O. Box 1922
Kill Devil Hills, NC 27948
Subject Property: Colington Pointe
1608 Colington Road, Blounts Bay, NC
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1099
Dare County
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Mr. Overton:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.03 acres of public trust area and estuarine waters, and 0.06 acres of coastal wetlands to
remove existing campground facilities and replace with a group housing development with waterfront
amenities as described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on June 20, 2005. 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 LAMA. 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 21-1.0506 (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 Approved (Units) Plan Location or Reference
404/LAMA Wetlands 0.06 (acres) DCM-MP
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http:/th2o.enr.stite.nc.us/ncwetlands
NO e
icarolma
Naturally
An Equal Opportunity/Affirmative Action Employer - 5077o Recycled/ 10% Post Consumer Paper
Colington Pointe, LLC
Page 2 of 2
August 8, 2005
Waters 0.03 (acres) DCM-MP
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 adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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.
Sincerely,
Alan W. Klimek, P.E.
AWKlijm
Enclosures: GC 3400
Certification of Completion
cc: Dennis W. Hawthorn, Coastal Area Permit Assistance, 120 Jimmy Ct, Kill Devil Hills, NC 27948
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051099ColingtonPointeLLC(Dare)401 CAMA
ANCDENR
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
June 15, 2005
MEMORANDUM:
TO:
FROM:
SUBJECT
Applicant:
Project Location:
Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
JUN 2 0 2005
UENR WATEF QUALITY
WETLP4ZS AND STORMYqATER 6R13?CH
CAMA/DREDGE & FILL Permit Application Review
Colington Point, LLC
1608 Colington Road (SR 1217), Dare County
Proposed Project: Construct condominium complex with a pier, 10 boat slips, boardwalk,
clubhouse, pool, and boat ramp
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 6, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Frank Jennings at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This,' agency objects to the
comments.
itI .I ?I
r
SIGNED ILL
project for reasons described in the attached
DATE L"
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
MAJOR PERMIT FEE MATRIX
Applicant: Colington Point, LLC
Selection Development Type Fee DCM %
(14300 1601 435100093 1625 6253) DWQ %
(243001602 435100095 2341)
1. Private, non-commercial
E] development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
E] development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
El commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
E] commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Ej Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
® Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be a lied:
IV. For development that
? involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
I
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Colington Point, LLC; Jay Overton
2. LOCATION OF PROJECT SITE: 1608 Colington Road (SR 1217), Dare County and
adjacent to Blounts Bay
Photo Index - 2000: 184-2119 (K, 16-19) 1995: 187-1969 (U, 12-15)
1989: 145-3 (P, 7-10) 1978: 92-421 (S, 4-7)
State Plane Coordinates - X: 2976100 Y: 840600 GPS: E060317A
Kitty Hawk, NC
LL
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/22/05; 06/03/05
Was Applicant Present - Yes; No
5. PROCESSING PROCEDURE: Application Received Complete - 05109105
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, ES, PTA and CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic drain field
Planned - Septic drain field
(F) Type of Structures: Existing - Campground, single-family dwelling, boat ramp,
roadway and pier
Planned - Pier, 10 slips, condos, single-family dwellings,
clubhouse, pool, parking, road and boardwalk
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
FILLED SHADED OTHER
(A)Vegetated Wetlands: Coastal Wetlands; 450 sq. ft.
Estuarine Shoreline & Coastal Wetlands 450 sq. ft.
(B) Open Water; Boat ramp 1,200 sq. ft.
Public Trust Area, Estuarine Waters 150 sq. ft. 60 sq. ft.
4,320 sq. ft.
1,656 sq. ft. Capture
(C) Estuarine Shoreline 900 sq. ft. 60 sq. ft. 11,906 covered
(D) Upland 387,583 sq. ft.
disturbed
(E) Total Area Disturbed: 400,539 sq. ft. (9.2 acres)
(F) Primary Nursery Area: No
(G) Water Classification: SC Open: No
Field Investigation Report: Colington Point, LLC; Jay Overton
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct a residential/condominium
complex with a pier, 10 boat slips, boardwalk, clubhouse, pool, and boat ramp.
Project Setting
The site of the development proposal is located at 1608 Colington Road at the site of the former
Colington Park Campground. The site is adjacent to Dogpoint Creek, a man-made canal, and
Blounts Bay. All connect to Kitty Hawk Bay and the waters of the Albemarle Sound. The 18.35-
acre site is owned by Colington Pointe, LLC, and is surrounded on three sides by either water or
wetlands, predominately coastal marsh. Wetlands make up 8.6 acres of the site.
Approximately 2.8-acres of the site are within the Estuarine Shoreline AEC. The upland portions
of the site average 5 feet above the normal water level (NWL). The majority of the soils consist of
Currituck mucky peat and Osier fine sands.
Formerly, the site consisted of many camper trailers, single-wide trailers, small cabins, small
modular homes, a camp office, and store building and bath house. The site also had a small
wastewater treatment plant. As of March 22, 2005, most of these structures have been removed.
The site also has an existing single-family dwelling, a 50-foot long pier and some remains of a boat
ramp, as well as gravel and asphalt roads. An existing asphalt road extends across an existing
wetland area to access the `Pointe" area of the property. This roadway is approximately 1 to 2 feet
above the adjacent wetland grade and is 20 feet wide. The adjacent wetland areas are primarily
vegetated with Black needle rush and Big cord grass (Juncus roemerianus & Spartina'cynosuroides)
with some woody stem plant species including Swamp magnolia, Bayberry and Sea myrtle
(Magnolia virginiana, Myrica cerifera, Baccharis halimifolia ). Upland trees on site include
Loblolly Pine, Yaupon Holly, American Holly and Live Oak.
The adjacent property to the east is a salt marsh and the adjacent property to the south is a single-
family dwelling and a home-based crab-shedding business.
The canal water depths exceed 5 feet at NWL with water depths 10 feet offshore at the ramp
location being approximately 2.5 to 3 feet deep. Water depths 10 feet offshore along the waters of
Dogpoint Creek are approximately 1 foot in depth, and are 3 feet in depth-50 feet offshore.
The waters of Kitty Hawk Bay are classified as SC and are closed to shellfish taking.
Development Proposal
The applicant proposes to construct a multi-unit residential and condominium complex with
infrastructure and water access. The development will consist of approximately 78 units of
residential structures, including a clubhouse and pool. The clubhouse and 9 condo units will be
located within the Estuarine Shoreline AEC, however, no non-water dependent structures are
proposed within the 30-foot Coastal Shoreline Buffer Area. Several retaining walls will be
constructed in upland areas to stabilize slope areas near or adjacent to existing wetlands.
7
Field Investigation Report: Colington Point, LLC; Jay Overton
Page 3
All of these structures will be located landward, above and outside of any CAMA AECs or wetland
areas. It is estimated that 9.17 acres will be disturbed during the site development. Approximately
12,000 square feet of impervious area will be located within the Estuarine Shoreline AEC.
Four waterside structures are proposed. These will include:
1. A 15-foot wide boat ramp with a driveway and small parking area to access the
adjacent canal.
2. A 20-foot long and 6-foot wide courtesy dock adjacent to the boat ramp.
3. A 6-foot wide wooden boardwalk that will extend from the clubhouse 150 feet to the
courtesy dock and then extend north 400 feet along the man-made canal adjacent to
the ramp.
4. A 50-foot long and 6-foot wide pier with a 190-foot by 6-foot `T' head with a total
of 10-slips, with 12 associated 3-foot by 12-foot finger piers and 12 mooring pilings.
Anticipated Impacts
The proposed pier with 10 slips will result in shading of 1,656 square feet of Public Trust Area
(PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AECs), and the proposed
slips will capture 4,320 square feet of PTA, EW AECs.
The proposed boardwalk will shade approximately 1,200 square feet of PTA, EW AECs and 450
square feet of Estuarine Shoreline (ES) and Coastal Wetlands (CW) AECs and 450 square feet of
CW AEC.
The proposed boat ramp will result in 150 square feet of PTA, EW and 900 square feet of ES
AECs being filled by the concrete slab.
The boat ramp courtesy dock will shade 60 square feet of PTA, EW AECs and 60 square feet of
ES AEC. The proposed clubhouse and condo units will result in impervious coverage within the
ES AEC of approximately 10%=11,906 square feet.
The applicant indicates that approximately 9.17 acres will be disturbed during site development.
North Carolina DWQ Stormwater Permit No. SW7041117 was issued for this project on March 18,
2005.
Temporary water turbidity will occur during construction.
Submitted by: Frank A. Jennings, III
Date: June 6, 2005

T
3PR .i_ 2005
• ,- ???: ?-a? c,? .,,..?_, rte,
Colington Pointe Group Housing Development Project Narrative
Narrative
The Colington Group Housing Development is located at 1608 Colington Road at the
site of the former Colington Park Campground. The site is adjacent to Dogpoint
Creek, a man-made canal and Blounts Bay. All connect to Kitty Hawk Bay and the
waters of the Albemarle Sound. The 18.35-acre site is owned by Colington Pointe,
LLC and is surrounded on three sides by either, water or wetlands, predominately
coastal marsh. Wetlands make up 8.6-acres of the site.
Approximately 2.8-acres of the site are within the Estuarine Shoreline AEC. The
upland portions of the site average 5-ft above the NWL. The majority of the soils
consist of Currituck mucky peat and Osier fine sands.
Formally, the site consisted of many camper trailers, single-wide trailers, small
cabins, small modular homes, a camp office and store building and bath house. The
site also had a small wastewater treatment plant. As of March 22, 2005, most of
these structures have been removed. The site also has an existing 50-ft long pier
and some remains of a boat ramp, as well as gravel and asphalt roads. An existing
asphalt road extends across an existing wetland area to access the'Pointe" area of
the property. This roadway is approximately 1 to 2 feet above the adjacent wetland
grade and is 20-ft wide. The adjacent wetland areas are primarily vegetated with
Black needle rush and Big cord grass (,Tuncus roemerianus d Spartina cynosuroides)
with some woody stem plant species including Swamp magnolia, Bayberry and Sea
myrtle ( Magnolia virginiana, Myrica cerifera, Baccharis halimifolia ). Upland trees
on site include Loblolly pine, Yaupon holly, American holly and Live oak.
Water depths adjacent to the site vary. Canal water depths exceed 5-ft at NWL
with water depths 10-ft off-shore at the ramp location being approximately 2.5 to
3-ft deep. Water depths 10-ft off-shore along the waters of Dogpoint Creek are
approximately 1-ft in depth and are 3-ft in depth, 50-ft off-shore.
PR 'JA 20 u

Colington Pointe Group Housing Development Project Narrative, continued:
Page 2
Proposal
The Colington Pointe, LLC ownership plan to include waterfront amenities"with their
development. The development will consist of approximately 78 units or residential
structures, including a Club house and pool. The Club house and 9 condo units will be
located within the Estuarine Shoreline AEC, however no non-water dependent
structures are proposed within the 30-ft Coastal Shoreline Buffer Area. Several
retaining walls will be constructed in upland areas to stabilize slope areas near or
adjacent to existing wetlands. All of these structures will be located landward,
above and outside of any CAMA AEC's or wetland areas. It is estimated that 9.17-
acres will be disturbed during the site development. Approximately 12,000-5f of
impervious area will be located within the Estuarine Shoreline AEC.
Four waterside structures are proposed. These will include
1. A boat ramp with a driveway and small parking area
2. A courtesy dock adjacent to the boat ramp
3. A wooden boardwalk that will extend from the Club house to the
courtesy dock and then extend north along the man-made canal
adjacent to the ramp
4. A 50-ft long pier with a 'T' head with a total of 10-slips, with the
associated finger piers and mooring pilings
These structures will result in the shading of approximately 1,444-sfof public
trust area and estuarine waters, the shading of approximately 2,640-sfof coastal
wetlands and the excavation of approximately 150-sfof water bottom in a man-
made canal. The planned development will not result in the loss of any vegetated
wetlands or result in any development inconsistent with the rules and statutes of
the Coastal Area Management Act or the N. C. Administrative Code Subchapters
concerning Areas of Environmental Concern.
• Form DCM-MF-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner: JA1f ©vt?L-??1
Name C?LI ??m?4 Ft4t Tz , LLC-
Address F- O' LZ LcZ 22
City VUL DI-14 !t- 4W-S State Uc
Zip 2- q - Day Phone 9-52-"W' 2-1t3
Fax 262' 4-41 . =,q (o5
b. Authorized Agent: b34Aq?S \W ?M\,' ?
Name :::?IOASCAIA A R?Qxt!T AsstA INACC-
Address tlD LMM`( &T-
City ?? Dzllll, ?1lU,S State RC-
252-41- 1353
Zip Day Phone 252. 511 low
Fax
c. Project name (if any) k ''' 21'?n=
NOTE. Permit will be issued M name cf landowner(s), and/or
Eprnjed name.
2. LOCATION OF PROPOSED
PROJECT
a. County DAiZ9-
!-I1
-4\q Ay 9 2 11 COARTAI

b. City, town, community or landmark
S %TT- 0 Fc%Q- t=-- Gnu ?1CsTc64 -PA-i2i?-,
• ?-t-1?x? t2cu?aD
c. Street address or secondary road number
1606 cola? 6-1-?--,k ROAD
d. Is proposed work within city limits or planning
jurisdiction? _ < Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) 151-at3U"TS ?Y? DQ&
Pa t -AT ? c? Ac-6 KtA2L`
?O-'XD
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. m?x?s-nacS-
LvhT tZ4M9 ADO cO SY VCCJ<-Z
)5,a4 tiLT(B F
v.6t,pty. ?1E.V11tLkW Au?F s-t cW&t1XS2.7E.
aAti 2 ,, fit Pt -t?cUp-?
t,o su 2?o?tt?o'S cc,cJ?us??t R?[.f P/12Kt?1(s vltrri?.l
?-cv ??? stk?w?(?ott??,?t?,pp-?-urat o_c
b. Is the proposed activity maintenance of an existing
project, new work, or both? f` U!2n4 wOe<
c. Will the project be for public, private or commercial
use? FatyA-tT- uso-Me (ZM6kC54X Z *6UESg5 .
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. e?Mc&VI-O= -'-"1A5 ,1C-cA tpGeD
FlALATl7-?s -t- P-PC RAt.Ei W rai 6y6op !b? q6 -
l?l?Zl ?Ot?t3 v %-M \X QoA-['
Reed 03195
Et?1? 1VE
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ko -35 4
cc>.A00 - s ivt(;r . a ?=AMIU'
b. Size of individual lot(s) qnu_v.u,&-6awV W0Ai (crwtTA
app Sated- NP w0mDuAL L-ao
c. Approximate elevation of tract above MHW or
NWL t='T
MAY 9 2005
CD,? STAL VW'4AG"' AEP w r
m. Describe existing wastewater treatment facilities.
Mut.?l?tt?C,?A?I?cY f? t-h-?-
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.) go Dlgjr_-T
d. Soil type(s) and texture(s) of tract °•
Cu! ?LZ xy, MU OSttz- ?:y47, V DS
e. Vegetation on tract W Lwcyl l SW=3j- G01
?? - 41o spa mkM-na /,A-T-cqi,_-,%f ?- f
Describe existing drinking water supply source.
An• l Y " ?(
f. M -made features nok on tract 5: = WJM.Ltt?L6'i S. ADDITIONAL INFORMATION
pt%,Z SchAyr_ Rol-cOwA-f
g. What is the CAMA Land Use Plan land
classification of the site? (Cowl! Ae local land we p1m.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
iz 3
i. Is the proposed project consistent with the applicable
zoning? `_ Yes - No
(Attach Loring compliance urrificoate, ifapplicable)
j. Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom? qA-
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? Yes - No
Coastal (marsh) X__ Other X__
If yes, has a delineation been conducted? `fU:S-
(Attach domanentation, if available)
'D"sgkAv, VLAw QUA 4,CA(A
Tim wAa4m-US Atr.
wo-w,-ev-c?T - vs Ns
Jai tA&uwa, v, ? Asi A-r?
Revised 03195
In addition to the completed application form, the
following items must be submitted:
G 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 title, plus written permission
from the owner to carry out the project.
O 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 7J.0203 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
OD
U L; l .! d

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
° A Stormwater Certification, if one is necessary.
v 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 (2A-rLSa4 57=ASL6-`f
Address k-AAQ CAU q 9-D
Phone 4UL- V?t1L 14IU,Sl q Z:Jeit '
Name aQi AA 7' LULL) Ma--2a`A9
Address a• 00K 102-
Phone VW-D tt, HtLO-) V4C 27?4A
Name
Address
Phone
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
90l 4kel_
° 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. 113A - 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.
Revised 03195
MA AY
a ac;TAL. q1*JAC--AAE1J
r-! i . 7 ' AT ,
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 tR 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 _ day of Mho _?
Print Name.
''t''tt
mot-t?lCs-[t? Pc>i?i't?; LL/-
Signature
or rind Agrnt
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP4 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.
Form DCM-MP-2
N
U in
ANv . YILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Averige FU4
EAstlog PWJect
Length Width Depth Depth
Access
channel
(MLw) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
HA IRA I RA IuA
RA I lAA I RA I 1A A
wbr I vANI "A I MA
15 2,S,v
to ?" ?( arc W -F
?'? hT i lb Q/cM t?
groin UA, V"I
Rock RA VA
breakwater
Other
(Excluding
shoreline
stabilization)
TtFt? MW?0R5415is t=¢v?
??wL/I ogfl ;eviAf2O
Revised 03195 tS Qv?t21?? p? D ? j

MAY 9 2.005
C,U,?STA! !,9*IAC^`p Pi'T
ELF;.. „IT ,'
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards R cy
b. Type of material to be excavated I.'U129-Mc<
I-Iv6k f Pskv, &z54 za 5,x+117
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes -,>-4- No
d. Highground excavation in cubic yards --
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area AE?29-w- t 3o I FT Fit
.sin Lf2c-1 I" t1-1 MA110 ??
b. Dimensions of disposal area 2-S FT x 25FT
c. Do you claim title to disposal area?
_?L Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where? qA-

ii 3Ew "i l7L u=
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes ...-,?- No
-
MAY 9 '0U.r, 1
L .
If yes,
(l) Amount of material to be placed in the
water kLk
(2) Dimensions of fill area
(3) Purpose of fill I?Pc
3. SHORELINE STABILIZATION
. UaTt?'•, />LA, s' fb?U7hTIW scut, r6.,F- aTmtpm
a. Type of shoreline stabilization 'VC--P aJ
Bulkhead ?A Riprap
b. Length "A-
c. Average distance waterward of MHW Qr,NWL
d. Maximum distance waterw d of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material kkA
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap ?A
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material qj4r
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
t.1OT Wt-VAA4 !'cf cAMA Prz{i
a. Will fill material be brought to site?
,-, Yes Ott No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes C No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill 1AA
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Mt:=S tOt3•-L"C?FI
"UklE S e t
St=.Olrtw,r to?•1, i fl 1.31•
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
T tU1L FF&Q-S q -
alrnsiox"-ML, S C:V y??
c. Will wetlands be Grassed in transporting equipment
to project site? Yes _ ? No
If yes, explain steps that will be taken to lessen
environmental impacts. K. A-
GoU?.tC?[ Pot??!T^ , ULC_
Applicant or Project Name
Signature
5.3• 90e5
Date
Revised 03/95

Form DCM-MP-3
UPLAND
DEdV?b,OPME-dN'II'
MAY 9 20(;
4 -1
(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 21 IM"'E - Feoe t?D2?-t
S? ? C3 "ii1???1 NaMt;r? i
?'1r F-tv?tt"u? GILD) POOL-) P/?cO4t?SCr
b. Number of lilts or parcels
'D3?LC?=( lT ?? ?.l0 L nGtp?q-L l?}'GS
c. Density (give the number of residential units and the
units per acre) 4. 25,/AdAe1_;7-_
k.
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. q,- l-1 Af 4?
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? X Yes No
If yes, date submitted t?•'L4.Ok/6WQWaQ •(?Sm
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
??Zl? rkt.T ? «t2?
g. Give the percentage of the tract within 75 feet of
MHW 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.
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?
_ X Yes No
If yes, date submitted tl• 2A •04'??. P?? ?
i. Describe proposed method of sewage disposal.
CoM MU?,tT? '?2T ?T?Zz!?-???aT v?tt't'?
stt? 1- PP Dts??S?t ?t ADS
Have the facilities described in Item i. above
received state or local approval? 2c_
(Attach appropriate do-n-zaJion) LtE-,.VIN wll t?WL
,Appajj,t. AssnctpAAJ-t-.j 6.3d • 7cep, 5 -
Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
V40 Otr_rc.-r ox SPA s_S , 2u?s.ot F
?, t-r Tc7 A ?v.t E? SjoM wk??
Fo? i O7.LTt /t ??A
Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
T,>AeE l?
Will water be impounded? Yes No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded?_
Appl t
S'igaatu
9_ 13. 2X5
Date
Revised 03/95
?nr
Form DCM-MP 4
STRUCTURES
jel1iy
EL.
(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.
e.
Mooring buoys PA_
(1) _ Commercial -Community _ Private
(2) Number 9,?-
(3) Description of buoy
(Color, inscription [size, anchor, etc.)
(4) Width of water body V 'J&
(5) Distance buoy(s) to be placed beyond
shoreline RA--
:5- wV A (=?2 RO??OwtAt?
a. Dock(s) and/or Pier(s) Zs2T?y 1?c-tom.
(1) - Commercial _Commumty Private
(2) Number l
(3) Length ea VT
(4) Width 6
(5) Finger Piers, Ye No
(i) Number
(ii) Length tZ FT
(iii) Width 3 FT
(6) Platform(s) X Yes No
(i) Number 1
(ii) Length to& VrT
(iii) Width to F6T
(7) Number of slips proposed to
(8) Proximity of structure to adjacent riparian
property lines 42-0a
(9) Width of water body -t Sdo F'r
(10) Water depth at waterward end of pier at
MLW or NWL 2 ?21
b. Boathouse (including covered lifts) PA
(1) Commercial 2s Private
(2) Length hAAI
(3) Width UL
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number ll c
(2) Length(s) JA1
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length VAL
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands ?kk
L Mooring structure (boatlif moorin ilin . , etc.) ti
(1) _ Commercial -Community -4 Private
(2) Number I -z-
(3) Length VAQxo?IS, ? t aPraCT o C3aTTa?1
(4) Width 12 %&A. r-ttkAWLIr,
g. Other (Give con pleee descrfpdon)
WA7?G ,0? L S
'X6"4-r f ?T/I?j?-r`J
kV4 O; PM mfr a?,40 20 TO
(Yaa&W,o f Pv/ 3
ApplfEaLa j e
s
S• 3. 240_5
Date
Revised 03195
NOTES:
This Drav?ng is For Permitting Purposes OnLy
" DravAng VertlcaL SCaLe is I in. : 60 ft
" l..ioriznntaL SCaLe is as Shown
Distance Across Canal
figure 3
boat Ramp
Cross-Section De-taiL
f7-F
Lxcavate Approx II cy
of MateriaL from below N\VL
6'vide Courbesy Dock
Land Surface Excavate Approx 8 Cy
Upland
N\VL at-eriaL for Driveway
to tamp
PITS $ boardwalk 6' -?
aLkway to Courtesy Dock
".7j J7 1
I.?
Driveway=
\Vater E5ottorn Four 6 'Thick Prestressed Concrete
Ramp Sections. 15' Wide. Formed on
it 7
lJigh Ground FS Set in Place After Cured
i
No. 10 is raveL or Similar
Ramp Footing. Depending on bottom -
MateriaL
?PAoCQ
1608 CoLington Road.
Dare County

Golington Pointe Group
Housing Development

AREA MWIT A561STA
r2o a7n"/ny Gourl
000-4 H/l/e KG Z7f4S
:?'? /070 / 25177/,1757
SCALE: I in.: 50 f E
7A IT March 21. 2005
Ifi7 +31??? )wi 1
-MAY
ELEVATED ?qTA . i
BOARDWALK ,,0. :. ;
NWL
WATER DEPTH
LESS THAN 1'
I--- 8' 6' --?
6 COURTESY
DOCK
WATER DEPTH
21' - 3' NWL
to
r-
a
d
9
10'
f4' WATER
DEPTH
4
a ' (4) 15' X 8' PRE
STRESSED SECTIONS
FORMED ON HIGH z 4
GROUND AND SET IN
PLACE AFTER CURING
4
Qa
NOTE: DRIVEWAY TO RAMP WILL BE 48' LONG AND 15' WIDE AND
CONNECT TO CLUB POINTE WAY AND PARKING AREA
"NOTE: THIS DRAWING IS FOR
PERMITTING PURPOSES ONLY."
SCALE FIGURE 4
NTS COLINGTON POINTE
REC. REF. GROUP HOUSING DEVELOPMENT
N/A
FILE NO. BOAT RAMP DETAIL
589BC PLAN VIEW
CAD FILE COLINGTON DARE COUNTY N. CAROLINA
5B98C/MISC Albemarle 6 Assoaates, Ltd.
115 viest Sa,m cla:r sc
SURVEYED P.O. Box 3333
N/A Kill Devil Hills. NO -O 27343 a Phone: (25'2) 441-2113 lbemarle
Fax: (252) ) 44 a41-0J55
DRAWN www albalus
AWS 3/21/05 & ASSOCIATES, LTD.
This document is LtieF'cCerty d
i Albemarle is Associates. Ud.
CHECKED Ai rights reserved. Anyunwnonzea
© DWH use or alteration is prohibited. Engineerinq - Surveying - Land Planning
ire
' r; c.
^`• ? ?J
1' WATER DI
1 6'
PLACE PILINGS AT 8' O.C.
(UNLESS NOTED OTHERWISE)
ALL PILES TO BE TREATED TO
2.5 CCA PER NC BUILDING CODE
PRESCRIPTION
"NOTE: THIS DRAWING IS FOR
PERMITTING PURPOSES ONLY."

SCALE FIGURE 5
NTS COLINGTON POINTE
REC. REF. GROUP HOUSING DEVELOPMENT
N/A
FILE NO. BOARDWALK
589BC CROSS SECTION D-D
CAD FILE COLINGTON DARE COUNTY N. CAROLINA
5898C/MISC Albemarle G Associates, Ltd
115 West SaintgairSL
SURVEYED P.O. Box 3X9 lbemarle
N/A Kill Devil Hills. NC 27948 Phone: [phone]
Fax: [phone]
DRAWN www.albal.us
AWS 3/21/05 & ASSOCIATES, LTD.
This document is lheprcperfyd
CHECKED Albemarle & Associates, Ltd.
All rights reserved. Any unauthaized
DWH use or alteration is prohibited. Engineering - Surveying - LandEanning

. ICI
DECK
in
BOARDWALK M
1 /OUTDOOR POOL _ I
SHORELINE
NWL
30'
75' AEC
CROSS SECTION E-E

,MAC
If?l lml
M M SM DECK
s'
3' MIN.
RETAINING
404//CAMA WETLANDS WALL
CROSS SECTION G-G
SCALE
NTS
REC. REF.
N/A
FILE NO.
5898C
CAD FILE
5B9BC/MISC
SURVEYED
N/A
DRAWN
AWS 3/21/05
CHECKED
DWH
"NOTE: THIS DRAWING IS FOR
PERMITTING PURPOSES ONLY."
FIGURE 6
COLINGTON POINTE
GROUP HOUSING DEVELOPMENT
COLINGTON
Albemarle S Assoaates. Ltd.
115'Nest Saint Qair SL
P.O. Box 3.-183
Kill Devtl Hills. NO 27348
Phone: [phone]-:113
Fax: [phone]
www.albal.i,s
This document is thepropery of
Albemarle S Associates, LU
All fights reserved. Anyunau71orlZM
use or alteration is Prohibited.
CLUBHOUSE
DARE COUNTY N. CAROLINA
lbemarle
& ASSOCIATES, LTD.
Engineerinq - Surveying - Land Planning

„IT
f50' PROPOSED MIN. -nP
EL t 6.7'
**NOTE: THIS DRAWING IS FOR
PERMITTING PURPOSES ONLY.**
SCALE FIGURE 7
NTS COLINGTON POINTE
REC. REF. GROUP HOUSING DEVELOPMENT
N/A
FILE NO. PIER
5898C CROSS SECTION C-C
CAD FILE COLINGTON DARE COUNTY N. CAROLINA
5898C/MISC Albemarle E Associates. Ltd.
115 VJest Saint Geir SL
SURVEYED P.O. Box 3393
27348
Kill Devil H
N/A Fa : (2Hills, NO
Phone [phone]
Fax: [phone]
DRAWN w aibal us lbemarle
AWS 3/21/05 & ASSOCIATES, LTD.
This document is the property of
CHECKED Albemarle S Associates, Ltd.
Ail rights reserved. Any unauthorized
O DWH use or alteration is prohibited. Engineering - Surveying - Land Planning
f ?1 1
1'.l.
r -I
I on' 61 g0'
f 2.:
8"
i FINGER PIERS
4 ?

t3'
NWL NWL
i'-3.0

1
MIN.
L U U Lj
PLACE PILINGS AT 8' O.C.
(UNLESS NOTED OTHERWISE)
ALL PILES TO BE TREATED TO
2.5 CCA PER NC BUILDING CODE
PRESCRIPTION
**NOTE: THIS DRAWING IS FOR
PERMITTING PURPOSES ONLY.**
SCALE FIGURE 8
NTS COLINGTON POINTE
REC. REF. GROUP HOUSING DEVELOPMENT
N/A
FILE NO. PIER
5898C CROSS SECTION B-B
CAD FILE COLINGTON DARE COUNTY N. CAROLINA
5B98C/MlSC Albemarle 6 Assoaates. Ud.
115 West Saint Clair SL
SURVEYED P.O. Box 3393
N/A Kill Devil Ftlis, Z65 M43
Phone: [phone] ..
Fax: [phone]-O-0I?
DRAWN www. albal.us lbemarle
AWS 3/21/05 & ASSOCIATES, LTD.
This d ---ument is the prcp5t/ of
CHECKED Albemarle 6 AssoJates, Ltd.
All rights reserved Any unauttriorized
DWH use or alteralIonisprohib,ted. Engineering - Surveying - Land Planning
© 1. -

M A 2005
?L?Lai. r, a vITa
D ?(S-1?od? D
4 Q
SILT FENCE
INSTALLATION El El n JUN 2 0 2005
to DENR - WATER QUALITY
30' BUFFER -? ? El El . I I %VETlANDS AND STOR MATER BRANCH
NWL
75' ESTUARINE SHORELINE
**NOTE: THIS DRAWING IS FOR
PERMITTING PURPOSES ONLY.**
SCALE
NTS
REC. REF.
N/A
FILE NO,
5598C
CAD FILE
5B98C/MISC
SURVEYED
N/A
DRAWN
AWS 3/21/05
CHECKED
owH
FIGURE 9
COLINGTON POINTE
GROUP HOUSING DEVELOPMENT
POINT TOWNHOUSE UNITS
CROSS SECTION A-A
COLINGTON DARE COUNTY N. CAROLINA
Albemarle S Associates, Ltd.
115 West Saint Clair St
P.O. Box 3339 -
F
Kill Devil Hills. NC 8 Phone: [phone]
Fax: (252) ) 441-0Y--o
www.albal.us I b e a r I e
This document is ihepro uW of & ASSOCL XES, LTD.
Albemarle & Associates, Ltd.
All rights reserved. Any unauthorized
use or alteration is prohibited. Engineering -Surveying -_Land Planning
©5-iogq
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 0.-1
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO p (x?
ATTENTION OF: June 28, 2006 r l? _
Regulatory Division
AID No. 200610382
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
This is in reference to our letter of May 15, 2006, in which you were provided a copy of a
Proposed Class 1 Administrative Penalty for alleged violations of Department of the Army
Permit No. 200511169.
A Final Order has been issued assessing a Class 1 Administrative Penalty against
Colington Pointe, LLC, in the amount of $11,000. A copy is enclosed.
Sincerely,
6 U-?-
S. Kenneth Joll
Y v
Chief, Regulatory Division
Enclosure
?o
I
Permit: USACE Permit No. 200511169
FINAL ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(8) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wihnington District, issue this order assessing a Class 1
Administrative Penalty for violation of the above-referenced permit.
Name/Address of Permittee:
Colington Pointe, LLC
CIO Mr. Jay Overton
Post Office Box 1922
Kill Devil Hills, North Carolina 27948
Permitted Activity:
The development of a residential/condominium complex, including construction of a boating access
facility, boardwalk, clubhouse, pool, and boat ramp, on property located at 1608 Colington Road,
adjacent to Dog Point Creek and Blounts Bay, in the Community of Colington, Dare County, North
Carolina, consistent with the application and plans for USACE Permit No. 200511169.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Colington Pointe, LLC, failed to comply with special condition 18 of the permit, which states, "No
vegetated wetlands shall be excavated or filled without permit modification." Special Condition 19
states that, "The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands are not authorized." Special Condition 22 states that, "The permittee is advised that
this permit does not authorize the filling of any wetlands associated with the construction of the access
road leading to the northern point of condominiums."
Description of the Nature of the Violation(s):
Colington Pointe, LLC, began construction of the residential/condominium complex without complying
with these permit conditions. Colington Pointe, LLC, constructed an access road through wetlands,
resulting in adverse impacts to approximately 5,600 square feet (0.12-acre) of high quality coastal marsh.
It is my decision that a Class 1 Administrative Penalty in the amount of $11,000 shall be assessed against
the permittee. Permittee will pay the penalty by cashier's or certified check, payable to FAO, USA-ED
Wilmington, and delivered to the Office of Counsel, U.S. Army Engineer District, P.O. Box 1890,
Wilmington, North Carolina, 28402, within 30 days from the effective date of this letter.
The issuance of this Order constitutes final U.S. Army Corps of Engineers action in this case for
purposes of judicial review.
A
This order will become effective 30 calendar days following its issuance unless an appeal is taken
pursuant to 33 U.S.C. § 1319(8)(8) or a hearing is granted. Since no hearing was held prior to the
issuance of this Order, a prior commenter may file a petition for a hearing within the 30-day period.
Issued this 267 day of June 2006.
,d"ohn E. Pulliam,
Colonel, U.S.
District Comr?a'at
M-0T VIR IN _ _ {LILY HAWK
/MARSH ISLAND BLOUNTS BAY L ^~-7T~ BA C (mod C %n~ ice, ro I
+2.000 L MARSH ISLAND ¦~T i.
500' CII C
r80 a ~ 0 +~l o
?2' FINGER 0 PIERS (TYP.) C 0 9 ALBEMARLE SOUND Eu
~ T C
M -01" h~ RALEIGH o V)
2 MOORING PROPOSEWIp rl -HEAD
2 hl" MAXIMUM "IF 1 E[ IP,
a yil j _M \
ti N75j60 . ~4NI1GU 50UN0. 1_1_~' 21 / N Cs,s~ / ~ ~s CAPE r~nnEws Doc Fo'~ ~I
:CONNECTION nor?r I CID:
e Ql tiv NMn s~~ `SS / P
C _ o a is / R / CREEK hD Op t BR(,~-r~pS 0
y(\ 9\BLGN 30i \ II, A S~Ed sA~B 7 44G~~/::~~~ .4' Sl E Ecp o _ ~~~..~%~T~ Na ILM11"~ MEMORIAL U y~ N( MEMORIAL ILLII
l APE LOOKOUT \T
~o 14.n0DOG PC*W CREEK ~...Y,A ' (-JLiM13T0ti " ~T~ro,?, cps eo; y 00~ i o a E O
C S ISL4,UD I, \tiR~ ~d so °qr,~ a a 1jN2B )qo v m o pi¢
K Ts'~ ^q BLOUNT'S v } G `w~YGti9 J BAY v p ~ w
I 1 ~ mlN.i :ry APE FFAR '7 ties Ed~~p
N N M y N !C J E
~,ti ~ o- ~ Fe0 ~~WF1Mln; - BALL l1G1,#VIWL WNIIMI I IYY1! YIC0171 (11A N
L NG ' wu O O N.T.S. N'G
MOTES
v [`WN1 N6-)', NI, LLP. •~'''•1'~ CAr~R/;°'°°••.
O 5488' 14.0 ~ ENO ti ~E5 RErAINiN r A. rF DR:VF KILL _)E ,!L S, NC 2794H
" VIAL I. S89'4T_53'W S '4153 W SAL 9rt z
2 ?HE OWNER INTENDS TO CONSTR, " (21; 1,REE OR FOUR BEDROOM v' 'AMILY Pc[.NG AMILY DWCLN"~ _ - ~'S, : 1620 t
(SP 3 BEDROOM PWaGUS: NITS ANC 't!'UNITY H y p._..
14 PRC''I PTY I', GE 7'~l AS D.B. 1529, 1'G. b
h F ,'JNTY PIN b. 9873 07 69 5913. 7'40PER'1' ADDRESS: 1608 COLINGTON ROAD
LOI5TA-WE LAI;~j \ JPF. 01128,'6+ / \ J. SURVEY REEF EtiC: D P ' F D B. 297, 265
(SEE HOT,- 26` 4- 8' B. 9 3 PG. 54S
F rv. b FG E43 \ R 105/' PG '49 "Un F F 71 I T
W t,Or15TN. wfAJAO I \ \ rgIAL AREA. 799,390.74 SF (18 35 ACRES) I
w47%' L SEE NOTE 26)J. / LIE 01 tb 6r-15 ~ i 6 DIN I (,ALCOIAT IONS. 8 UNITS/ACRE ALLOWED D 146 UNITS
l8 N NI T, PaOPOSF D OR 4.75 UN TS/ACRk: PROPOSED I
W _A ROADWAY • (SEE NOTE 24) 1 ;'ROPFR v q C',iRF "v 7CEFD a} AND SN I FAOA;L'( ~WF_l ..NOS AND
E 'fit M,i iICAMIIY CWF„ N',S APE c ~~1 ''S cSES
l
\ \ 8. ~POPFPrY SETBACKS ROiv - 25: SiOT - 25', REAR - 25
BEGIN - RETAININCA WALL
9. I'R(PIRtY OCA1ED IN FIRM 7ONES X AND AE -9'. 1)VMUN,IY PANEL NV. 515,548 01141) OI
\„AFCD APRIL 2, 1993 (SUBJECT TO CHANGE BY FEMA) C) ?N 1I a
~ I I
0 1f1Al')NE SHOWN LIP NOVO 29.
Y
A F V A \ 5 ~ 4L A?EA. 799 390 /4 SF (184 ALRFS 1,12,18b SF b RE \ PROPOSED CONCRETE DRIVEWAYS 22,049 SE 668 SF ( 36%) b ~F ~ 9 R~ S) fz8 SF 36%, >4 SF (501%) 7 SE (1.36%)
b ~ F'RJPUSCD DWELLINGS: 76,847 SF 6,124 SF j
^LUHHOUSE/POO/POOL SUPPORT BUILDING. 1,680 SF 1,660 SF (1.367) ACCESSORY STRUCTURES & DECKS. 7,621 SF _
. • p BLDG 20j \ \ \ PROPOSED PAVEMENT/ROADWAY: 66,952 SF (8A%) 2,454 F (2.01 K) )4 SE (z~
\ \ TOIAI. IMPERVIOUS AREA WITHIN ESTUARINE SHORELINE AEC AREA 11,906 SF (9.74%) 06 SF (9.74%)
PROPOSED COVERAGE BY PRINCIPAL USE 108,197 SF 1135%) Z Q
EN D RET ) RETAININd \ / \ \ A A 12. PARKING IS CALCULATED AS FOLLOWS. z J
BlYOa WALL rr-1Y CF~ 6.5~ O 2T \ \ PARKING REQUIRED = 25 SPACES PER UNIT ®78 UNITS = 195 SPACES cr. C~
V ~ PARKING 'LLUSTRAIFD = 2.5 SPACES PER UNIT ®78 UNITS = 195 SPACES / POTENTIAL OFF STREET PARKING = 244 SPACES (INCLUDES SPACES ILLUSTRATED) ED) Z W C U
\ \ / '3, i0'AL AREA TO UNDERGO LAND DISTURBING ACTIVITY. 399,489 SO FT OR 9.17 ACRES W U z =
BEGIN 2r • ApA (AIdA ' ~ ' RETAINiNO~l \ \ / \ z
WALL AETIANV6 A EM, 14 MAXIMUM TOTAL HEIGHT OF BUILDINGS SHALL NOT EXCEED 35 FROM GRAUF.
2ij • • RETAINI , - lL SiD WAR 15. WATER SERVICE PROVIDED BY DARE COUNTY WATER. CL o
l Y BLDG 205
N °S, + GFE 6. SIORMWATER RETENTION AND STRUCTURES ARE AS SHOWN. STORMWATER PERMIT #5W7041111, N/F ANTICIPATED APPROVAL DATE MARCH 11, 2005. T 6RYAN P Mff_KINS #5W7041111, o o
J J U
¦ BEGIN O ~ ~T 1 LlA BMFtf<IN5 7 10TAL AREA OF WETLANDS WITHIN THE SITE IS I 376 231) 5U FT OR 8.63 ACRES L VD 1551 P6 715 301,NPARt' AND WETLAND INFORMATION PROJ 1 `,.1 PY SEABOARD SURVEY NC & PL1+NtiNt -NC. P 4N.,'N':; NC W Q ~
RETAINING WALL 1C 702 ~0 r Py 9874 A Wi _
S '.8. ALF SEPTIC PLANS SNAG BE REVIEWED AND APPROVED BY THE DARE COON-,
HEALTH DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT. WZ:CL
IjiMDS . B ~ . a '9. ANY NEW UTILITIES ARE TO BE PLACED UNDERGROUND. a W o
' PROPOSED WASTEWATER TREATMENT TO INCLUDE PRIMARY, SECONDARY AND
ERTIAPY TREATMENT TO MEET -2 STANDARDS AND APPROVED BY NCDENR. 0 31 "E B ~ ~ z!
• BLOC 20 y GFE- G BLDG 20( 496,38 PFL LINE END GFe- o BrAININC GARBAGE COLLECTION FOR HE RESIDENTIAL UNITS WILL BE BY INDIVIDUAL ROLL-OUT _-OUT Z Z
+-...'S j WAIT CONTAINERS. A DUMPSTER IS TO BE PLACES AT THE CUL-DE-SAC OF THE POOL/AMMENITIES AREA )OL/AMMENITIES J
o
PROJECT CONS [2. PROPOSE E WITHIN ONE W
R OF THE RECEIPT SCHOFEDULE ALL COUNISTS TA OOL ?UI_BE COMPLETE WITHIN ONE B ALL ECEiP BE -235- - [SIL, OTFF231; p, Bloc a, `now/cau )MFHETAORFINA.NYON~DHNPPRTEN OVAFARAH;~DaSHE Rc- AND APP PPOOFS?H O FCI4FOR E~ITIES RS SH OF R TARS OF RECEIPT
1 1 II G I NTiT`NED APPROVAL 5 SIFALL o CNED APPROVALS,
FIF a ll ~ AII RESIDENTIAL UNITS ARE TO HF"oMPIrr
r '
7 6Y eL_ ~4/ - 7 . - .~3. A ACCOREDNCE WHICH WTH NAPPROVEDCOASTAL PERM # D I C& DATED dANUARY 3 0 N G o )WN AND iS M ~
DAW AND 1 DARE-2005-010 FENCE[) AS 5 131, 2005. W LAJ
A 1 1, NSF -4, A 20 WIDE ROADWAY IMPROVEMENT WILL BE CONSTRUCTED WITH RETAINING WALLS ON EACH _..S ON EACH o
FPRo OSED 6 8 DWALK] ( ° RII rlARD A C-0 t -N SIDE r . THIS CONSTRUCTION WILL BE OUTSIDE ALL WETLAND IMPACT AREAS. 2a.e ,a GFE-B..O: L 6EIARLENF 6,62-EN
AA. D6 1418, P6. 260 E5. 404 WETLANDS, AS SHOWN, DEPICT THE APPROVED WETLANDS SURVEY SIGNED OFF BY THE OFF BY THE O J
S~ 1 e ` 98~A 19 71/ 90b9 CORP ON OCTOBER 16, 2001
N LF ~ dJD~ A ,A • _ ( iP ! N~ AI 71 !f Ph !P P f f F ! / I cr cn
n ~ ~ . ~ • ~ ~ C h •,.4 ! 5' ~1?J . S ~ACH BOA! I.. M1 J- xLL0.,0.i r1 0 EALt~ ..Nr L Tr NINE WAl
_ PRDPOS CONCIRCL CD 4 a
Q~ r k VALLEY GUTTER L E ~ ERF~2-NT CONDOS W'T v~H CONDOS w:TH W W LIZ
J ONE ()P[% 'r-,a _ ESTS
L SE/POOL A SUPPORT IN N/F 9. PROPOSED SHAC1N~, OF 1,444 SF OF ESTUARINE WATERS AND PUBLIC TRUST AREA. REA ~ ~ ~ I
SPOIL G I BLOC s sEG19 JANIE5 W A5I-IE_ Bz~ GFE 75'ANIN /~1hRLCATP R A`F S0. APPROXIMATE _!Y 2,640 SF Of COAST 4L WETLAND MARSH WILL BF SHADED BY THE PROPOSED AE PROPOSED z
_ RETENTION AREA O+ RIONI 9 WALL L D6 I408 Pb 6-FOOT WIDE ELEVATED WALKWAY. , ~ ti,s N,~ . 102
U. 'm. 9879 07 79 2984 12/22/04 AND O U
s F PROPOSED 1 CONCREII BEec 9 DEPTHS SHOWN aERELE SURVEYED BY ALBEMARLE & ASSOCIATES, LTD DATED 12/22/04 AND ARE NCRMA. WATER LEVEL.
OUMPSTER PAD vnn ( eLoc i~ .q BLDG R f _E 3 ( NCL5 2'1
E ¦~i D VD Q Q1=
lp j 8 C 2r 1 ) c E-z . > ldL. HN~L WA`EE.E~_EJ 8 tTi vD 25) i ' pp1 N,, G~fr8 15 s' ~a ion
COURTESY [ 6 f I~ C i DOCK ! G 9D 1 }
W . N6VD 29 FLEv QC - v m I } fi T O
r~~ .92 N?9'15'0p'~.y R N L B,AS ~ GEE-]E ~ Z o Z
PROPOSEDT BOAT RAMP
l 0 _ CC
/ l A C 20 MIN. \ FF r, 4 `~r~' S p J ! \ B 0G9.C a BETWEEN ALI~BUAP0
N /F M o* Z
KAThR`M rA BEAS'_E4 uB~ \ I7~~ '~a N~~~Mf l.- D G E- 7.5
I D D IO", Pb 208 - a y 9a o' 69 pang ~L N(i J Z
LEGEND i r e i s \
i
,
IRON ROD FOUND •c/D PROPOSED SANITARY CLF.ANOUi ' GBFE~-7s A G -9 A SBS 'v /F 8F, Q q! p0 LEGNARD M ~9TI- W of
PK NAIL FOUND ® PROPOSED SANITARY MANHOLE perANnrGrurcl.'^^~ 6D8\E Db_ 106% PE UA3
.-Fh? er . W ~0 1. a%.n, 9e 9 a7 ~9 ag8b A , I e "STOP"
'fl,, PK NAIL SET A PROPOSED SANITARY VALVE srDP SIGN 5 SIGN 6ElAiE,~. _ _ W CL z
CONCRETE MONUMENT FOUND -EM PROPOSED FORCEMAIN 'r J \ / BLpe l 4 BLDG
CALCULATED POINT -_W------ EXISTING WATERLINE _ ,a- BLDG ow- yi. CFE-ZO ~"M N6. 9A5W q oc o U~
O' EXISTING TELEPHONE PEDESTAL EXISTING FIRE HYDRANT ~ G .VF - 7.0 vii
EXISTING CABLE N PEDESTAL
oa EXISTING WATER VALVE i EXISTING POWER POIF WPVR AREA C~ W o
? F%ISIING WATER METER J j o
EXISTING GUY WIRE EF°.~-;i,~ S . BLDG 19 LL, III J l ~ ~ I J
OVERHEAD UTILIIY LINE W DROPOSED WA?ERMAIN \ z MMM Q ' I Y I
N "'70PJSEi; ucHrPDLE / LIGHTING NA-EP dAL',E APSTEWATEN DRAINFiELf GI `E LN.P I
¦ °ROPOSEE HPE HYDRANT " - NWL (NORMAL WATER LEVEL)
'ROPOSEU FIRC HYDR,,N' EXISTING STORM i)RAINAGF °iPF i W2-z
,ION 3 I i ~ I
® PROPOSED STORM DRAINAGE P!FE eSTN,, _'NCRE'E v
b~ '4• A,p,. 4, 4. v'-IN..LJ
rh riwh IHEIi ENE AA \ V I
m vvvrrrrr PROPOSED TREELINE EXISTING PAVEMENT
-%A- EXISTING FENCELINE PROPOSED ASPHALT PAVEMENT W W W i
EXISTING CONTOUR dASTE'NATPB A a<bo 21, F V M~ NE.ATUENT \ • GV"E 0 I r `n Q3Q w W
gyp- PROPOSED CONTOUR PROPOSED CONCRETE *NOTE. T~S DRAJVNG ~S FOR ~ I ~ O N ~ o U lJ
ew SPOT ELEVATION WETLANDS ~PFRM_i'TTING PURPOSES ONLY."! Y AAA
/ SPOT ELEVATION GRAPHIC SCALE 1 M~ Ns CD SCALE:
- - RIGHT OF WAY PROPOSED STORMWATER BASIN 50 O 25 50 100 200 3S'O0 „
- - MINIMUM BUILDING LINE PROPOSED WHEEL. STOP 1" = 50
AEC LINE TRAFFIC PLOW ARROWS CD
(AREA OF ENVIRONMENTAL CONCERN) 4; t* MI (IN FEET( SHEET: i
-SF SILT FENCING SIGN 1 INCH = 50 FT.
GFE GROUND FLOOR ELEVATION HANDICAP PARKING SPACE STORMWATER FLOW ARROW qq~~,,~~ Fw ~ ,a.. 4' 6~=900 ~ N83'O6~SL', . 1 of 1

M ~Y
¦ M i
091, wci KITTY HAWK w. IN \ P C ~i..l C -T - - ~f' BAY Lw _l c
¦_Y{ J r ro o Lu 01
Yas oUy, (Z'S
IJJ
ryV A. % l V, ALBEAUA E SOUND ED I~
¦-YY ~ IGH t i I COl1NGTON
` l 11' ri N
I~ GREEN 7
PAMUCO SOUND
i
y \L 'NRIGH? BROTHEP.S
m~R,(FST. CCREFKrl,~~ \ -C i
`e) ) l "'7 T ~ 1 T M R~Mrc>o r~ NATIONAL MLMURIAL - LU~
~W
~i f ffuW N 4,~S rlulEt $E~ At ; c
14 'J 'ISLAND it Rn ,Ci/ a a> n c m m
DOG TCREEK v f \ `-q. \ ~1.Inl C CO,NGT^,N \ 'ay?,'> 6%~ / \`V~ L ( a c' m aft ON 1m 0~r3 E~ .P Nrs S•T ~I A~~ y ~ l V 2 !G
T~I4 , . ~ qo ~ ~ t 9 HAY F
> Y ~ U ti
iiN a l ~ ~ • ~ I - --s-.. _J ~ v Ov~\~C?~~ E FEAR •j' I,. Y^. j ~C/~\ \ ~?'m via{QV Q N y C
p' 21 LFr-QKWAL ~CH{Y 1IAO m L 0 ?Mw111YYV i„^~''r~ 1am6
NLS_ NTS a-ay0..6 3 F o7''^ ~ Q b n - - O 1 r N
>t s
1 ONNEP COLINGTON POINT, I_LT !U3 Y'. LAKE DRIVL
KILI DFVII Pii!S, "dC 11945
5~~'lh~ 1 ISn B8 I a p~. wk ~'t'
- 5 '4' S3•W 2. PROPER'Y IS DECRiBtC '-5 _.B. -529. PG. 60. DARE COUNTY WN 98 73 01 69 5913.
PPOPERIY 0.UIiRLSS. 1608 COUNGTON ROAD
3. S!VEY REFFRFNCES
D 9. 1529. PG. 60 D, B. 297. PG ')6-') .I. 1418. °r 260 ~u uz
D.?. 1408. PC. 202 0.9. '463, PG 643
PG. 249 .066,
4 PR rPER Y SFPLACKS: 1 1 1 1
R 25': SIDE 25', REAR 25' I
I ~
ti PPOPFRTY IOCATFO IN :+RM 7(-NFC x AND AF 4' COMMUNITY PANEL NO. 375348 0114D l
10F" APRIL 2, 1993. \'SUBJEC? TO CHANGE BY FEMA). .III III . I I I I 1
6. bV DNARD ELEVATIONS AND CONTOURS 5H04iv ER NC•i5 29, II ! j I
.-s P~ i
I ~ \ 1. 41jx WLILANUS, AS SHOWN, DEPICI IHE APPROVED WETLANDS SURVEY SIGNED OFF BY [HE
Cf;RP ON OCTOBER 16, 200?- I! I I!f ~ I „I; I ,
8 f;,SrAI WFTIANI` [INS D[PII.TS A DFTAiFD 7NvF41GAnON BY DFNMS HAWTHORN (CAPA) ON
! 1 FEBRUARY 28, 2005
9. DEPTHS SHOWN HEREON SURVEYED BY ALBEMARLE & ASSOCIATES, LTD. DATED 12/22/04 AND 0' (I 1 I'
ARE NORMAL WATER LEVEL. (n1z I II iII~I i
~ r-la I 10. BOUNDARY AND WLILANOS SHOWN HEREON TAKrN FROM ''WETLANDS SURVEY FOR DAVID FULL
~ v I I' BY SE BORD IURVEYING & PLANNING, INC. DATED OCTOBER 15, 2001 AND TOPOGRAPHY AND
IMPROVLMFNTS AS SHOWN ARE FROM A PHYSICAL SURVEY PERFORMED BY ALBFMARl-L III ENGiNEIRiNG, INC. DATED JANUARY 24, 2004 AND DARE COUNTY 2003 ORTHOPHOTOS. Id !I
01, y \ m a
- A ~ IQ ~ I I i.
I Ii
oil 11 IIIi iii
9URVEYAR CER1F#CATE
\ Zf i III
I, JAMES L. OVERTON, S. PLS CERTIFY THAT UNDER MY DIRECTION AND Q Q z
\ SUPERVISION THIS PLAT WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY, A THAT -HE RATIO 01 PRN S.ON AS CPi t1lAED IS 1 1r (100. THAT THIS PIA1 O C) J O
/ WAS PREPARED IN ACCORDANCE WITH N C AC. T1TLF 21, ' IaAPTFR 1~§11j0S'EGTION 1600. Q
Y WITNESS MY ORIGINAL SIGNATURE, REGId RtOION NUMBLH '111- `L CA 1TTbgx F 1 Q CJ U a
Q~.OESStpy 7 ~
~ O
. 'Ric DAY OF 2005- ~IQQ SEAL Z
333 /03 c.% SURd4~~
g 3 _~R,: 0
QLLR0N3 LINES SHOWN HEREON MUST BE vEr2FiED 'HE SURVE~0RlIIA1ANNO Q CI
A V 'A c - f*YAN ? Ntt".INS CERTIFICATION AS TO ZONING AND/OR RESTRICTIVE COVENANTS. V
,.U_A 6 bY2r THIS SLRVFY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL DD IBS FCr 'I!+ AND ACCURATE TIT[ E SEARCH. M
`Yh IA I, FG
W 4 C
I a E C) 1 ~ I
3
4vb 3e h . EAR Z O
VJ ~ J J
1 aAle*AA • Z ~L z 1 "crLAWS • , z
~ o
J ~
\ nay _,I Aft w
Ck:
A04/cnve N/F LL. ~rnv 1 RI(41ARP A (lhFN o 7 0
\ \ k 6M, QNL 6 6TIZ,T1~M J m 5~1 6MARLFW (.@1FN
V D k18, 6 Uc 9514 H 10 9069 J J
. ~ ~ 6W arenY .l v \ „ ~O C
N/P ~v
bAR~Gf _ CfAA Y Tear I RAM ~n kn~, Erg u9 ~ ~ ,~~sm rPNf ?RAT4l. cc fU 1 Lf l l Serf O
i
. ti ~ fa ~ N ui I
a
a tc VY Z ~ I , _ GtpK i7T Tr R AaX-f z j I
rENr / TRA03 *RMtR 5RE S D6 i465, Ph 202 Q
rwuxe are A A O
j,
S i. I CIS
yy i / i \ z X q 3 3
z _ 14 6 W o j I z O
~ V
/ ~r0 rV 35.92' TENT / FRAVM qjZ rRAVM f=
FxF5Tg4e _j TRALtR Sire A* RMP Fy> 'i R rSp01.W ~TF c)
~ j
_ o j~ ,I
N ~6AR60N L WA61LPY CID
"THRYN 1 f5 10 M. DEAxf'1 7~
DD 108b, P6 208 a r,
~i
~I
LECEND
IRON ROD FOUND I - -~P I I I LEayARO M 00 M. SMIm
I)e,-M e77 -?q 2M6 c\l 'i
PK NAIL FOUND _ w.r f
PH NAIL SET w
CONCRETE MONUMENT FOUND I .
CALCULATED POINT M 'dq ICJ _ v NGSv s9, . I J_
EXISTING TELEPHONE PEDESTAL - Q
EXISTING CABLE N PEDESTAL
E%ISIING POWER PGLF L 1 V - o o
K u 1 _ LL \ \
LXISTING GUY WIRE ? I Y
- - OVERHEAD UTILITY I NF 9'. ~J LJ I \ WE r,Akall, i
- - NWt (NORMA: Wr R LE,/FL' i
FkISTING STOPM DRAINAGE PIPE i
EXISTING TRELUNE g i i I i
k _ r J r :G SINE I ~ i
,R. Fr„ CI Ni GJR v
7M9 ~Pn- a E1I6'irn. . ~ S, W j~ i ~ I m
` m. tom- J 1 w ` r
• • • ALL LINE _ Y I .rl Z Z Y \ _ \ ! i (n 0 3 U W Y U
(AREA OF ENVIRONMENIAL GONCERNI
w - EXISTING WATERL'NE r~ I D N O O U ~ U ~
j~ EXISTING FIRE HYDRANT SCALE: i
pa EXISTING WATER 'JAL?E off 1
U EXISTINC WATER METER 50 5 0'
EXISTING CONCRETE
SHEET:
EXISTING GRAVEL
EXISTING PAVEMENT
00"145
WETLANDS 11 Z 94' Na 7 ~ i 1