19930559 Ver 1_COMPLETE FILE_19930628

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 WE TLA1!)F"fs''.,
IN REPLY REFER TO August 5, 1993
Regulatory Branch
Action ID No. 199302774 and State Permit No. 85-93
Mr. J. T. Thornton
Ships Watch Association, Incorporated
Box 788
Elizabeth City, North Carolina 27907
Dear Mr. Thornton:
Reference your application for a Department of the Army permit to
construct a wooden breakwater structure, place fill material in waters and
reestablish marsh on Currituck Sound, north of Duck, t3O.COunty, North
Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished with enclosure:
NOAA, NOS, Coast and Geodetic Survey
Mapping and Charting Branch
Source Data unit, N/CG2211, Station 7350
1315 East-West Highway
Silver Spring, MD 20910-3233
M3; l' John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
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DEPARTMENT OF THE ARMY I
al WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 14, 1993 UTATC6ni APTVQ-r-PT11IMI
Regulatory Branch
Action ID. 199302774
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Ships Watch Association, Incorporated,
represented by Mr. J. T. Thornton, for a Department of the Army permit to
construct a wooden breakwater structure, place fill material in waters and
reestablish marsh on Currituck Sound, north of Duck,:.;! County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The breakwater structure will be positioned in strict accordance with
permit plans.
c. The breakwater structure will be constructed with 1/4 to 1/2-inch gaps
between 2" by 6" sheathing boards and 6 to 12 inches above the elevation of
normal water.
d. The fill material will be clean and free of any pollutants except in
trace quantities.
e. The permittee will 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.
f. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.

-2-
g. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
State of North Carolina
Department of Environment,
Health and Natural Resources YA
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretacreta
ry p E H N F=1
A. Preston Howard, Jr., P.E., Director
July 16, 1993
Ships Watch Association, Inc.
c/o Mr. J.T. Thornton
P.O. Box 788
Elizabeth City, N.C. 27907
Dear Mr. Thornton:
Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed breakwater, shoreline fill and marsh planting
Project # 93559 COE # 199302774
Currituck County
Attached hereto is a copy of Certification No. 2835 issued to Ships Watch Association, Inc.
dated July 16, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
oL-L 0-9n
eston Howafd, Jr. P.E.
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NORTH CAROLINA
Currituck County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Currituck County
pursuant to an application filed on the 11th day of June,1993 to construct 325 feet of
breakwater; fill 600 square feet of shoreline and replant marsh vegetation.
The Application provides adequate assurance that the discharge of fill material into the
waters of Currituck Sound in conjunction with the proposed basin fill in CCurrituck County will
not result in a violation of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent
significant increase in turbidity outside the area of construction or
construction related discharge (increases such that the turbidity
in the stream is 25 NTU's or less are not considered significant).
Violations of any condition herein set forth shall result in revocation of this Certification.
This Certification shall become null and void unless the above conditions are made conditions
of the Federal or Coastal Area Management Act Permit
If this Certification is unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 1508 of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
This the 16th day of July, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC# 2835
rHo ard, Jr.
it ctor
1
STA)E,y
ti
UFFICE

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt; Jr., Governor
MEMORANDUM
TO:
FROM:
SUBJECT:
June 3, 1993
Mr. A. Preston Howard, Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Applicant: Ships Watch Association, Inc.
Jonathan B. Howes, Secretary
Project Location: Off NC 12 across from Ships Watch Dr., N. of Duck, Dare County,
Currituck Sound
Proposed Project: Construct 325 ft, of wooden breakwater in 4 overlapping sections 15
ft. to 40 ft. offshore, fill 600 sq. ft. shoreline and re-establish
marsh species on those areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by June 24, 1993. If you have any questions regarding the proposed
project, please contact Peter B. Colwell at [phone]. When appropriate, in-depth
comments with supporting data is 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.
This agency objects to the project for reasons described in the
attached comments.
r
I
Signedl nip
Date ? ?tJ
1'O. Ilex 27687, 1616hh, North ( aiolina 2761/7687 'Felephomc 919' 3 4981 lax # 919733 0513
An ['dual Opportunity Affirmative & tion el
t
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # 1 3 - 0'Yl- e- WQ SUPERVISOR: TH RPE
REVIEWER: SAWYER DATE: 61Z,31
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 9 PERMIT NO.:
PROJECT NAME: iL 44-i'C•.'
PROJECT TYPE: t PERMIT TYPE:
COE #: DOT #:
COUNTY: 60-1-p
(OAj?bE
RCD FROM CDA: DATE FROM CDA:
REG OFFICE: W 0 RIVER AND S??rd/ RASIN
STREAM OR ADJACENT WATER BODY:
CLASS: :5 e- STREAM INDEX
OPEN OR CLOSED/
WL IMPACT: /?( WL TYPE:
WL REQUESTED- WL ACR EST: / Y ff
HYDRO CNECT? 44 WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: SHEET ATTACHED?
RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD

#:3v-/

STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: ?""`?'?
PROJECT DESCRIPTION: 3 ?' / Q-
?? - 6, o
WATER QUALITY CERT. 401)
CERT. REQ' D :
IF YES, TYPE : 4,a6. P`?L -u4X 6}11
SEWAGE DISPOSAL
IS FILL ELIMINATING A SIGNIFICANT USE? t4 b
DREDGING
TYPE OF DISPOSAL PROPOSED: 41qr
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL z
AREA OF FILL: WATER: 6 O O 1?e WETLAND: - U
AREA TO BE DREDGED : o -
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? ,w4-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office
1
DIVISION F ENVIRONMENTAL MANAGEMENT
MEMORANDUM
16 TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project:
Project
Date Received: 2 3l) of. Date Comment: l Z
Description of Project:
SCE.
Comments:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ships Watch Association, Inc.

2. LOCATION OF PROJECT SITE: Off NC 12 across from Ships Watch Drive, north of Duck, Dare
County, Currituck Sound
Photo Index - 1989: 46-1, F-21, 22 1984: Not Found
State Plane Coordinates ; X: 2957500 Y: 897600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/25/93 04/29/93 05/25/93
Was Applicant Present - Yes Yes No
5. PROCESSING PROCEDURE: Application Received - May 26, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, CW, PT, EW
(C:) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Central Sewage Treatment for Ships Watch
Planned - N/A
(F) Type of Structures: Existing - Pier, boat ramp, small dock, 3 residences & office
Planned - 325 ft. breakwater in 4 sections
(G) Estimated Annual Rate of Erosion: 2 ft.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED

(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands I I 600 sq. ft.
SB
(C) Other
(D) Total Area Disturbed: 600 sq. ft. (.02 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: Applicant proposes to construct 325 ft. of wooden breakwater in 4
overlapping sections 15 ft. to 40 ft. offshore and fill 600 sq. ft. shoreline and re-establish marsh
species on those areas.
Ships Watch Association, Inc.
Bio Report
Page Two
Site Description
Ships Watch is an ocean to sound subdivision located on Highway 12 just north of
Duck in Dare County. The applicant Tim Buck 11, Ltd. currently manages the property at
Ships Watch for the Ships Watch Association, Inc. In Article VI of the Declaration of
Covenants for Ships Watch, Tim Buck II, Ltd. is identified as the Managing Agent and is
given the Power of Attorney to act on behalf of the property owners of Ships Watch. The
sound side property consists of three private lots with houses and a lot with the Ships Watch
Management offices. The properties are currently owned by 15 different owners.
A 200 ft. pier with a "T" head and a concrete boat ramp are located on the
Management offices property. A 6 ft. x 25 ft. dock is located on lot 52. Old asphalt riprap
forms a low buffer along the shorelines of lots 52 and 53. The mowed yards of lots 50, 52,
and 53 slope gradually into a coastal wetland fringe which varies in width from 2-4 ft. near
the boat ramp to 20-25 ft. at the northern property line. There may be Section 404 wetlands
landward of the coastal marsh. Recent storms have caused 15-20 ft. deep erosion pockets
into the yards of lots 52 and 53. Two erosion pockets, one near the boat ramp and the other
around the small dock are currently lacking vegetation. The rest of the eroded area behind
the riprap has been colonized by threesquare (ci Vp'). Black needlerush (luncus
roemarianus) can be found along the waters edge growing between the riprap and forming a
2-5 ft. band the length of the property. The coastal marsh species on lot 50 are mixed with
giant reed (Phragmites australis) near the northern property line.
The near shore waters of Currituck Sound are very shallow, only 1-2 ft. deep at
normal water level. With strong northeast winds the water blows out often leaving 20-30 ft.
of bottorn exposed. Submerged aquatic vegetation has been observed in the shallow waters
offshore. The waters of Currituck Sound are classified as SC by the Division of
Environmental Management.
The applicant proposes to stabilize the shoreline by constructing 325 ft. of wooden
breakwater and establishing wetland species in the unvegetated erosion pockets. The
breakwater is to be constructed in four 80 ft. long overlapping sections 15 ft. to 40 ft.
offshore. The sections are to be staggered with 10 ft. wide openings between them to allow
adequate water access for the property owners. The breakwater is proposed to be
constructed with '/a to '/z inch gaps between 2 x 6 sheathing boards and 6 to 12 inches above
normal water level. The applicant also proposes to fill the two unvegetated erosion pockets
to the adjacent wetland elevation and plant marsh species to stabilize the fill material.
Ships Watch Association, Inc.
Bio Report
Page Three
Anticipated Impacts
The proposed breakwater will occupy approximately 162 sq. ft. of public trust waters.
The 10 ft. gaps in the breakwater should provide adequate access to the public trust waters
around the breakwater. The breakwater should protect the existing coastal marsh and
possibly allow natural expansion of the marsh.
The applicant also proposes to fill approximately 600 sq. ft. of unvegetated wetlands in
two separate erosion pockets and then stabilize the material by planting marsh grasses. If
care is taken in filling the erosion pockets there should not be any significant impacts to the
adjacent wetlands, and the project should increase the total area of vegetated wetlands.
The construction of the breakwater will likely increase water turbidity in the immediate
shallow water area during construction.
CAMA Review
The estuarine waters, shoreline, and wetlands are listed in the Conservation Class of
the Dare County Land Use Plan. A complete review will follow from Steve Gabriel.
Submitted by: Peter B. Colwell
Date: June 2, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Ships Watch Association, Inc.
c/o J. T. Thornton
AddressBox 788
City
Elizabeth City State N.C.
Zip 27907 Day phone [phone]
Landowner or X Authorized agent
b. Project name (if any)
Ships Watch
???EtyEO •,
If you plan to build a marina, also compl%jnq 9
attach Form DCM-MP-2. IAA??
b. Is the proposed activity maintenance of an VC00owl,
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private Use
d. Describe the planned use of the project.
Erosion control
4 LAND AND WATER
c. If the applicant is not the landowner, also give the CHARACTERISTICS
owner's name and address.
See attached listing of owners in homes a. Size of entire tract 2.5 acres
on lots #50, 2, #53, copy o power o
attorney, and copy of management agreement'b Size of individual lot(s) .6 acres
2 LOCATION OF PROPOSED
PROJECT
a. Street address orsecondary road number
1251 Duck Road
b. City, town, community, or landmark
Duck. N.C.
c. County pare
d. Is proposed work within city limits or planning
jurisdiction? Dare County
e. Name of body of water nearest project
Currituck Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
10' NGVD
d. Soil type(s) and texture(s) of tract
Medium to fine sand and clay
e. Vegetation on tract Black need l Brush and
lawn grasses
f. Man-made features now on tract 3 single family
homes, boat ramp, deck, and pier
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Comntsdential
Rural Other
h. How is the tract zoned by local government?
RS-1
i. How are adjacent waters classified?
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? No If so, by whom?
or pier). Approximately 325 feet of
wooden break water, filling of eroded
areas and planting marsh plants
3/91
^PEIVED
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development. Land is already developed.
a. Type and number of buildings, facilities, or
structures proposed _
b. Num bet of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
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.
If applicable, has a sediniehtation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewagd disposal and/ot waste
water treatment facilities.
MAY 19 'Q; --
M.y i
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. bescribe below the purpose of proposed excavadott
or fill activities (excluding bulkheads, which are
coveted in Section 7).
Length Width Depth
Access channel
(MLW) or (NwL)
Scat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
1=111 placed in
wetland or below
MHV
j. Have these facilities received state or local approval? Upland fill
areas
k. Describe existing treatment facilities.
1. Describe location and typo of discharges to waters of
the state (for example, sutface runoff, sanitary
wastewater, industrial/cotnmerciat effluent, "wash
down").
N/A N/A N/A
N/A N/A N/A
Approx.
325V-- 1 , 5 feet
bolow
grouhd
30' +/- 20' ?/

N/A N/A
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. 'T'ype of material
N/A
d. Does the area to be excavated Include matshland,
sWattips, or other wetlands? /A
e. High ground excavation, in cubic yards
N/A
2 3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the rill material be placed below mean high
water?
1. Amount of fill in cubic yards 18 in. Type of fill material Sand
n. Source of fill material Currituck mainland
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
_Approximately 600 sq. feet
q. Now will excavated or fill material be kept on site
and erosion controlled?
-Breakwater and planting of marsh
grass
r. What type of construction equipment will be used
(for example, dra line,Packhoq or hydraulic
dredgge)? A pump an possibly a
backhoe
s. Will wetlands be crossed in transporting equipment
to project site? N_ If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 mo, in` " 1}
d. Type of bulkhead material uA 1 )) 9) ti
e. Amount of fill, in cubic yards, to be placed below l
mean high water 1
f. Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 property. 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
theproject. Attached copies of power of
attorney and management agreement
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 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 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
• Name _Jane Terry et al _
Address 8308 Buford Oaks Drive
Richmond Va 23235
Name _Joho-la
Address Paul Shaver III, Inc.
1245 Duck Road
Kitty Hawk NC 27949
Name
Address
A list of previous state or federal permits issued for
work nit the project tract. Include permit numbers,
permittee, and issuing dates.
Unknown _
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public fund-,, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act t;N.C.G.S. 113A-1 td 10).
9 CERTIFICATION AND PEIIMISSION
TO ENTER ON LAND
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 testHetions
contained In the permit.
1 certify that to the best of my knowledge, the proposed
activity complies with the State of North Catoliha's ap-
proved Coastal Management Program and *111 be con-
ducted in a manner consistent with such program.
I further certify drat I ant authorized to grant, and do In
fact, grant permission to representatives of state and
federal review agencies to enter on the afottmetttioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This Is the _ day of
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A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 9, 1993
Regulatory Branch
Action ID. 199302774

Mr. J. T. Thornton ' WATER UALITYSE?I,'.;,
Ships Watch Association, Incorporated
Box 788
Elizabeth City, North Carolina 27907
Dear Mr. Thornton:
On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received June 7, 1993, for Department of the
Army authorization to construct a wooden breakwater structure, place fill
material in waters and reestablish marsh on Currituck Sound, north of Duck,
Dare County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199302774
and will be coordinated by Mr. Raleigh Bland in our Washington Field Office.
He is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mrr'John Dorney
ter Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
00.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 9, 1993
S: July 9, 1993
Regulatory Branch
Action ID. 199302774
r?
Mr. J. T. Thornton
Ships Watch Association, Incorporated tj" .................
q N- GRII
788 nfFH
Elizabeth City, North Carolina 27907 +-
Dear Mr. Thornton:
Reference your application for Department of the Army (DA) authorization
to construct a wooden breakwater structure, place fill material in waters and
reestablish marsh on Currituck Sound, north of Duck, Dare County, North
Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by July 9, 1993. Also, a copy of
0.
-2-
this information must be sent to the North Carolina Division of Environmental
Management to enable them to adequately evaluate your application for a Water
Quality Certification pursuant to Section 401 of the Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Raleigh
Bland, Washington Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mol .7ohn Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 WETLANDS GROUP
WATER QUALITY SECTION
IN REPLY REFER TO June 9, 1993
S: August 9, 1993
Regulatory Branch
Action ID. 199302774
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of June 7, 1993 for Department of the Army
authorization and a State Water Quality Certification to construct a wooden
breakwater structure, place fill material in waters and reestablish marsh on
Currituck Sound, north of Duck, Dare County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked fur an
extension of time, by August 9, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
. e Wrigh
ief Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
d6h, filling, paving, land clearing, and stormwater con-
trdl. If the requested information is not relevant to your
pfbject, write N/A (not applicable). Items 1-4 and 8-9
thlist be completed for all projects.
1 APPLICANT
a. Name Ships Watch Association, Inc.
c/o J. T. Thornton
AddressBox 788
`.City Elizabeth City State N.C.
Zip 27907 Day phone _ 919-338-1434
Landowner or X Authorized agent
b. Project name (if any)
:-Ships Watch
C.
E`yE0 '
- n Of
If you plan to build a marina, also coniple%lnq 9 X93
attach Form DCM-MP-2. M??
b. Is the proposed activity maintenance of an VWj00
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private Use
d. Describe the planned use of the project.
4 LAND AND WATER
it the applicant is not the landowner, also give the
-owner's name and address. _
See attached listing of owners in homes
on lots 5, 2, 5, copy o power o a
a orney, an copy o managemen agreement
is
2 ? LOCATION OF PROPOSED
PROJECT
a, trect address or secondary road number
251 Duck Road
d. City, town, community, or landmark
'`.;.Duck, N.C.
cr?County Dare
d4"Is proposed work within cit limits or planning
t
??tijurisdiction? Dare Coun y
e. "1Rame of body of water nearest project
"Currituck Sound
l.'4- DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or, pier). Approximately 325 feet of
'wooden break water, f llin of eroded
areas and planting marsh plants
CHARACTERISTICS
Size of entire tract 2.5 acres
Size of individual lot(s) .6 acres
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
10' NGVD
d. Soil type(s) and texture(s) of tract
Medium to fine sand and clay
e. Vegetation on tract Black ne d 1 u_ h and
lawn grasses
f. Man-made features Crow on tract 3 single family
homes, boat ramp, deck; and pier
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
_ Conservation Transitional
Rural Developed X O rnMeRdential
ther
h. How is the tract zoned by local government?
RS-1
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
3/?f
0.
??'FiVED
5 UPLAND DEVELOPMENT MAY 19 'Q;
Complete this section if the project includes any land
development. Land is already developed.
Q611 i
r?4.?.?ewrr
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
o.. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
e. If the proposed project will disturb more than one
acre of land, the Division bf Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a seditrtehtation and erosion
control plan been submitted to the Divisioh of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavemeht, buildings, rooftops.
g. List The materials, such as snarl, paver stone, asphalt,
or concrete, to be used foe paved surfaces.
h. If applicable, has a storrtiwaler management plan
been submitted to the Division of Environmental
Management?
1. Describe proposed sewag@ disposal and/or waste
water treatment facilities.
J. Have these facilities received state or local approval?
k. Describe existing treatmeht facilities.
1. Describe locatioh and tyO of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/cohtmercial effluent, "wash
down").
6 EXCAVATION ANb PILL
INFORMATION
A. besctibe below the purpose of proposed excavadoh
br Mi. activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
boat basin
other (break-
water, pier,
boat ramp,
rock jetty)
pill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
N/A N/A N/A
N/A N/A N/A
Approx.
325+/- 1+ 5 feet
below
grotihd
30+ +/- 20'

N/A N/A
b. Amount of material to be excavated from below
water level. In cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated Include matshlahd,
Swttttips, or Other wetlahds?N/A
e. High ground excavation, in cubic yards
N/A
2 3/91
f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards 18 +/-
m. Type of fill material
Sand
n. Source of fill material Currituck mainland
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
Approximately 600 sq feet
q. How will excavated or fill material be kept on site
and erosion controlled?
_Breakwater and planting of marsh
-grass
r. What type of construction equipment will be used
(for example, dra line, backho or hydraulic
dredggc)? A pump and possbly a
backhoe
s. Will wetlands be crossed in transporting equipment
to project site? -Uo- If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or ripmp
b. Average distance waterward of mean high water or
normal water level _
c. Shoreline erosion during preceding 12 mo t1
1, in
feet
d. Type of bulkhead material ?4?y 19 ') 3
e. Amount of fill, in cubic yards, to be placed below
mean high water S0,0^01
L Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 property. 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 cant' out
theproject. Attached copies of power of
attorney and management agreement
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 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 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91 3
Name Jane Terry et al
Address 8308 Buford Oaks Drive
Richmond Va 23235
Name Jnhn LanrasfRr h
Address Paul Shaver III: Inc.
1245 Duck Road
Kitty Hawk NC 27949
Name
Address
A list of previotis state or federal permits issued for
work on the project tract. Include permit numbers,
permi(tee, and issuing dates.
Unknown
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazdrd notice for projects in oceanfront
and Inlet areas.
A statement on the Use df public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 td 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
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.
1 certify that to the best of my knowledge, the ptoposed
activity complies with the State of North Carolina'S ap-
proved Coastal Management Program and *111 be con-
ducted in a manner consistent with such progtam.
I further certify that I arri authorized to grant, and do In
fact, grant permission to representatives of state and
federal review agencies to enter on the afotetnettttoned
lands In connection with evaluating Information related
to this permit application and follow-up monitoring of
project.
This is the da of
Lan 4ne or thorized agen
t I?t v ?? ?7r) L ? .
/2
?.C -T.
5 L4 P
aECE1V ED
May 19 3/91

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_ DIVISION OF COASTAL MANAGEMENT
1. Ni
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Ships Watch Association, Inc.
2.'' LOCATION OF PROJECT SITE: Off NC 12 across from Ships Watch Drive, north of Duck, Dare
County, Currituck Sound
Photo Index - 1989: 46-1, F-21, 22 1984: Not Found
State Plane Coordinates - X: 2957500 Y: 897600
3. INVESTIGATION TYPE: CAMA/D&F
4.
5
6.
7
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/25/93 04/29/93 05/25/93
Was Applicant Present - Yes Yes No
PROCESSING PROCEDURE: Application Received - May 26, 1993
SITE DESCRIPTION: Office -Elizabeth City D _.?...._.?
(A) Local Land Use Plan - Dare County JUN 2 1 199,3
Land Classification From LUP - Conservation
(I3) AEC(s) Involved: ES, CW, PT, EW WETLANDS GROU+
l'
WATER (1ALITLS-(-f ii
(C) Water Dependent: Yes -F
(I)) Intended Use: Private
([-) Wastewater Treatment: Existing - Central Sewage Treatment for Ships Watch
Planned - N/A
(F) Type of Structures: Existing - Pier, boat ramp, small dock, 3 residences & office
Planned - 325 ft. breakwater in 4 sections
(C;) Estimated Annual Rate of Erosion: 2 ft.
Source - Applicant
HABITAT DESCRIPTION: (AREA)
DREDGED F1VI.FD
nTUT?u
(A) Vegetated Wetlands
() Non--Vegetated Wetlands
SI3 600 sq. ft.
(C) Other
(1)) Total Area Disturbed: 600 sq. ft. (.02 acre)
(1) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: Applicant proposes to construct 325 ft. of wooden breakwater in 4
overlapping sections 15 ft. to 40 ft. offshore and fill 600 sq. ft. shoreline and re-establish marsh
species on those areas.
h,
T:
Ships Watch Association, Inc.
Bio Report
Page Two
Site Description
Ships Watch is an ocean to sound subdivision located on Highway 12 just north of
l7uck in Dare County. The applicant Tim Buck I1, Ltd. currently manages the property at
Ships Watch for the Ships Watch Association, Inc. In Article VI of the Declaration of
Covenants for Ships Watch, Tim Buck II, Ltd. is identified as the Managing Agent and is
given the Power of Attorney to act on behalf of the property owners of Ships Watch. The
sound side property consists of three private lots with houses and a lot with the Ships Watch
Management offices. The properties are currently owned by 15 different owners.
A 200 ft. pier with a "T" head and a concrete boat rarnp are located on the
Management offices property. A 6 ft. x 25 ft. dock is located on lot 52. Old asphalt riprap
forms a low buffer along the shorelines of lots 52 and 53. The mowed yards of lots 50, 52,
anci 53 slope gradually into a coastal wetland fringe which varies in width from 2-4 ft. near
the boat ramp to 20-25 ft. at the northern property line. There may be Section 404 wetlands
landward of the coastal marsh. Recent storms have caused 15-20 ft. deep erosion pockets
into the yards of lots 52 and 53. Two erosion pockets, one near the boat ramp and the other
around the small dock are currently lacking vegetation. The rest of the eroded area behind
the riprap has been colonized by threesquare (Scirpus sp.). Black needlerush (Juncus
ioernarianus) can be found along the waters edge growing between the riprap and forming a
2-5 ft. band the length of the property. The coastal marsh species on lot 50 are mixed with
giant reed (Phra mites australis) near the northern property line.
The near shore waters of Currituck Sound are very shallow, only 1-2 ft. deep at
normal water level. With strong northeast winds the water blows out often leaving 20-30 ft.
()f bottom exposed. Submerged aquatic vegetation has been observed in the shallow waters
offshore. The waters of Currituck Sound are classified as SC by the Division of
Environmental Management.
The applicant proposes to stabilize the shoreline by constructing 325 ft. of wooden
breakwater and establishing wetland species in the unvegetated erosion pockets. The
Breakwater is to be constructed in four 80 ft. long overlapping sections 15 ft. to 40 ft.
offshore. The sections are to be staggered with 10 ft. wide openings between them to allow
adequate water access for the property owners. The breakwater is proposed to be
constructed with Ya to '/z inch gaps between 2 x 6 sheathing boards and 6 to 12 inches above
normal water level. The applicant also proposes to fill the two unvegetated erosion pockets
to the adjacent wetland elevation and plant marsh species to stabilize the fill material.
v
Ships Watch Association, Inc.
Bio Report
Page Three
Anticipated Impacts
The proposed breakwater will occupy approximately 162 sq. ft. of public trust waters.
'The 10 ft. gaps in the breakwater should provide adequate access to the public trust waters
around the breakwater. The breakwater should protect the existing coastal marsh and
possibly allow natural expansion of the marsh.
The applicant also proposes to fill approximately 600 sq. ft. of unvegetated wetlands in
two separate erosion pockets and then stabilize the material by planting marsh grasses. If
care is taken in filling the erosion pockets there should not be any significant impacts to the
adjacent wetlands, and the project should increase the total area of vegetated wetlands.
The construction of the breakwater will likely increase water turbidity in the immediate
sliallow water area during construction.
_cAMA Review
The estuarine waters, shoreline, and wetlands are listed in the Conservation Class of
the Dare County Land Use Plan. A complete review will follow from Steve Gabriel.
Submitted by: Peter B. Colwell
bate: June 2, 1993
P16ase type or print. Carefully describe all anticipated
doelopment activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
nlbst be completed for all projects.
1 APPLICANT
a. Name Shins Watch Association, Inc
c/o J. T. Thornton
AddressBox 788
City._ Elizabeth City State N.C.
Zip_ 27907 Day phone [phone]

If you plan to build a marina, also compl ,pjnq 9 93
attach Form DCM-MP-2. M?
b. Is the proposed activity maintenance of an Via"
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private Use
d. Describe the planned use of the project.
Erosion control
Landowner or X Authorized agent
b. Project name (if any)
Ships Watch
4 LAND AND WATER
c. If the applicant is not the landowner, also give the CHARACTERISTICS
-owner's name and address.
See attached listing of owners in homes
on-[o s 50, 521 53, copy o power of a.
attorney, an copy o managemen agreement.b
2 LOCATION OF PROPOSED
PROJECT
a. Strcet address or s condary road number
1251 Duck Roa?
b. City. to«'n. community, or landmark
Duck_,_N.C.
C. County Qa1:Q
d. Is proposed work within city limits or planning
jurisdiction?_ Dare County
e. Name of body of water nearest project
Cur_ri. tuck Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
I. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or picr)._ pproximately 325 feet of _
wooden hreak water, filling of eroded`
area,.-, nnd_ planting. marsh plants
Size of entire tract 2.5 acres
Size of individual lot(s) .6 acres
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
10' NGVD
d. Soil type(s) and texture(s) of tract
Medium to fine sand and clay
e. Vegetation on tract black n dl err tsh and
-lawn grass s
f. Man-made features now on tract 3 single family
homes, boat ramp, deck, and pier
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed X Com it.
Rural Cd1C?es?dential
h. How is the tract zoned by local government?
RS-1
i. How are adjacent waters classified?
SC
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom'?
3/91
!?tVEO
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development. Land is already developed.
6. Type and number of buildings, facilities, or
st r?ctures proposed
b. Number of lots or parcels
C. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
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.
If applicable, has a sedirriehtation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwaler management plan
been submitted to the Division of Environmental
Management?
I. Describe proposed sewagd disposal and/or waste
water treatment facilities.
J. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastcwatcr, industrial/commercial effluent, "wash
dc,«rr")._ . -
z
MAY i
cut
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND PILL
INrOAMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MI-M) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MIM
Upland fi 1I
areas
N/A N/A N/A
N/A N/A N/A
Approx.
325+/- 11 5 feet
below
ground

30' +/- 20'

N/A N/A
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material _ N/A
d. Does die area to be excavated Include matshland,
mAtttps, or other wetlands? N/A
e. High ground excavation, in cubic yards
N/A
3191
f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area
N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance? N/A
If so. where?
c. Shoreline erosion during preceding 12 mom§, in"i
feet
d. Type of bulkhead material u^ 1) ') S
e. Amount of fill, in cubic yards, to be placed beloWw
mean high water 4"
f. Type of fill material
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas?
N/A ing items must be submitted:
Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards 18 +/-
m. Type of fill material
Sand
n. Source of fill material Currituck mainland
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
proximately 600 sq feet
q. How will excavated or fill material be kept on site
and erosion controlled?
Breakwater and planting of marsh
Qrass
What type of construction equipment will be used
(for example, dragline, ¢ackhoq, or hydraulic
dredge)? A pump and possibly a
Uacklhoe -
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. I.cngth of bulkhead or riprap
b. .average distance waterward of rrncan high water or
normal water level
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. 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
theproject. Attached copies of power of
attorney and management agreement
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I 1 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 18 high
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
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the narnes and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.

Name Jane Terry et al
Address 8308 Buford Oaks Drive
Richmond Va 23235
Name ._Jobt1_1_anr,astPr N
Address Paul Shaver III: Inc.
1245 Duck Road
Kitty Hawk NC 27949
Namc
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
___Unknown
A check for $250 made payable to die Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Envirrmmental Policy Act (N.C.G.S. 113A-1 to Io).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
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.
1 certify that to the best of my knowledge, the proposed
activity complies with the state of North Carotina,s ap-
proved Coastal Management Program and dill be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant pennission to representatives of state and
federal review agencies to enter on the afotemehtioned
lands In connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of , 19_.
Lan wne4orthot6ized agen
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Ships Watch homeowners t `? f
Croatoan - 450
Full Ownership"
Richard K. Jr. & Sue B. Neal 7327 Barberry Lane
Norfolk VA 23505
Payer Home - #52
'l'ed & Patricia Keats 421 Key West Drive
Charlottesville VA 22901
Richard & Sue Neal 7327 Barberry Lane
Norfolk VA 23505
Jim & Joan Goshow 36 Manchester Ct.
Berwyn PA 19312
Chuck & Debra Gordon 1650 Beechwood Blvd.
Pittsburgh PA 15217
Albert & Frances White 2590 Greenspring Road
Williamsburg VA 23185
Jack & Dina Boettcher 200 Overlook Road
Richmond VA 23229
H) & Rebecca Metcalfe 750 Greenbrook Circle
St. Joseph MI 49085
Anthony Jean-Jacques & Margaret Keeler 2005 Clubhouse Road
Lakeland FL 33813
I )avid & Janice Andrews 30 Richards Street
S Portland ME 04106
English Dome - #53
.lim and Paige Wilson
Mike & Diana Harris
Ashby & Peggy Tinsley
8105 Spencelv Place
Richmond VA 23229
3321 Northridge Road
Richmond VA 23235
208 Franklin Hills Orive
Rockville VA 23146
Ships Watch Homeowners (Continued)
English Home - 953
Peter Sheras & Phyllis Koch-Sheras 340 Cedar Bluff Road
Charlottesville VA 22901

Ships Watch Limited Partnership PO Box 788
Elizabeth City NC 27907
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COUNTY
r Y R , NORTH CAROLINA
C, P. Levis--SURVEYOR
400 B. South Croatan Hwy.
P.O. Box 2228
Kill Devil I fills, NC 27948 [phone]
GUNCAN-?ARN[Lt, U,C., dAL1F10N 169 01"I"Irr
Ar?,?.,;VED
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C11N11 1)I DARE . NORIII CAROLINA
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PLAT FOR
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1, C. P. LEWIS, JR., CERTIFY THAT UNDEh
MY DTRE",?ION AND SUPERVISION THIS MAP
WAS DRA17N FRON AN ACTUAL FIELD LAND
:UrVE,Y; THAT THE ERROR OF CL OSURN AS
(;ALCUBY LATITUDES AND ')FPAIt' UTiLS
IS ; THAT THIS MAP WAS PREPARED IN
ACCORDANCE WITH CS 47-30 AS AMENDED.
WITNESS MY HAND AND SEAL THIS
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C. P. LEWIS, k , R. L. S., L-2441
F'RiN TCJ
APR 2 8 1986
C, P. LEWIC - 4IIRVF.YOR

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REFERENCE: , 9236-Z60
DESCRIPTION: LUT Sz '`5yil_-45' fi%A7?ilV '
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COUNTY OF NORTH CAROLINA
C. P. Lewis--SURVEYOR
400 B. South Croatan Hwy.
P.O. Box 2228
Kill Devil I fills, NC 27948 [phone]
OUNCAN-?AVIN[II, INC.. nAL[ION 465 •t"33-4411
REC??D
MAY 19
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NORTH CAROLINA MQy a. '9
DARE COUNTY
MANAGEMNT AGREEMENT
?gx?' acv
THIS MANAGEMENT AGREEMENT, made this 6th day of
December, 1988, by and between TIMBUCK II, LTD., a North
Carolina Corporation, (hereinafter "TimBuck II" or "Managing
Agent") and SHIPS WATCH ASSOCIATION, INC., a North Carolina
Non-Profit Corporation, (hereinafter "Association") and SHIPS
WATCH LIMITED PARTNERSHIP, a North Carolina Limited
Partnership, (hereinafter "Partnership");
W I T N E S S E T H
THAT WHEREAS, Partnership is now the declarant pursuant
to the provisions of that certain Declaration of Covenants,
Conditions and Restrictions for Co-Ownership Interests dated
September 15, 1984 and recorded in Book 384, Page 653, as
amended in Book 461, Page 240, Dare County Registry
(hereinafter "The Declaration"); and
WHEREAS, Article III of the Declaration authorizes and
directs the Declarant, as agent for each owner of a Co-
Ownership Interest in the community known as Ships Watch to
engage a reputable firm as the "Managing Agent" for said
community, which community is more particularly described on
that certain plat entitled "Ships Watch" prepared by C. P.
Lewis, Surveyor, which plat is recorded in Plat Cabinet B,
Slides 256 through 260, Dare County Legistry; and
WHEREAS, the Association is the owner of certain
property located at Ships Watch designated as "Common Area"
as that term is defined in the Subdivision Declaration of
Covenants, Conditions and. Restrictions recorded in Book 384,
page 641, Dare County Registry (hereinafter "Subdivision
Declaration"), said property being the open spaces and the
community facilities designated C.P.-1, C.P.-2, C.P.-3, and
C.P.-4, together with common walkways and streets as shown on
the aforementioned plat; and Association deems it to be in
its best interest and that of its members to enter into this
Agreement which provides for, among other things, the
management and maintenance. of the Common Areas as defined in
the "Subdivision Declaration"; and
WHEREAS, it is the intent of this Agreement to designate
TimBuck II as Managing Agent for the community known as Ships
Watch, which agreement shall meet the terms and requirements
of Article III of The Declaration and to provide a broad and
complete plan of management and maintenance for said Common
Areas; and for the purpose of relieving the officers and
directors of the Association from certain day to day
responsibilities as provided in the Subdivision Declaration.
NOW, THEREFORE, in consideration of the sum of one
Hundred Dollars ($100.00), and other good and valuable
consideration, and the mutual promises and covenants
contained herein, the parties agree as follows:
1. EXCLUSIVE RIGHT TO MANAGE: TimBuck II is hereby
authorized and granted the exclusive right and obligation to
manage the community known as Ships Watch and the Common
Areas therein in accordance with the terms and provisions of
"The Declaration", as amended from time to time and
specifically in accordance with Article III thereof, and, in
accordance with the terms and provisions of the Subdivision
Declaration as amended from time to time.
2. PURPOSE: The purpose of this Agreement is to engage
TimBuck II as Managing Agent of the community known as Ships
Watch and the Common Areas contained therein pursuant to the
provisions of Article III of "The Declaration" and pursuant
to the provisions of the "Subdivision Declaration".
3. TERM: This Agreement shall. begin January 1, 1989
and continue for a period of five (5) years to and including
December 31, 1994, unless sooner terminated by Association or
Partnership as Declarant in accordance with the provisions of
Article III, Section 1(b) of "The Declaration" or TimBuck II
as provided by Article III, Section 1(c) of "The
Declaration". This Agreement will be automatically renewed
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for successive five (5) year terms unless notice of non-
renewal is given in accordance with the provisions of Article
III, Section 1(b) of "The Declaration".
4. FEE TO MANAGING AGENT: Association shall pay to
Tim.Buck II the sum of Twenty-Five Thousand Dollars
($25,000.00) per year for services of Managing Agent. Said
amount shall be paid in monthly installments of Two Thousand
Eighty-three and 33/100 Dollars ($2,083.33) per month
beginning on January 1, 1989 and on like day of each month
thereafter during the term of this agreement. The yearly fee
for the successive terms shall be as negotiated between the
parties but in no event shall be less than $25,000.00 per
year.
5. OFFICE SPACE FOR MANAGING AGENT: Association shall
furnish office space to TimBuck II, which space shall be
sufficient for a manager and sales agents together with
supporting staff. Said office space shall be furnished to
TimBuck II by Association in lieu of additional management
fees and Association shall pay all taxes and utility costs
incurred for or by.said office space.
6. DUTIES OF MANAGING AGENT: TimBuck II as Managing
Agent shall perform those duties described by The
Declaration", specifically including inter alia, Article III
thereof, and by the "Subdivision Declaration". In addition
to its duties as Managing Agent, Ti.mBuck II, Ltd. shall be
allowed to utilize the office space for sales agents who will
actively solicit listings and market the resale of time share
interests at Ships Watch.
7. LIABILITY OF THE MANAGING AGENT: The Managing
Agent, its agents or employees, shall not under any
circumstances by liable under or by reason of this Agreement,
either directly or indirectly, for any accident, injury,
breakage or damage of any machinery or appliances not
attributable to the action or inaction of the Managing Agent
or any of its employees, agents or servants; nor shall
Managing Agent be held responsible for any ? g_q_,) damage,
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detention or delay in furnishing materials or failure to
perform its duties as herein provided when such is caused by
fire, flood, strike, acts of civil or military authority,
insurrection or riot or by any other cause which is
unavoidable or beyond the control of Managing Agent or any of
its employees, agents or servants.
B. EMERGENCY REPAIRS: In the event of an emergency in
which damage is done or being threatened to the community
known as Ships Watch, the Managing Agent shall have authority
to act for Ships Watch in meeting such emergency. Such
emergency may include, without limitation, fires, tornadoes,
wars, hurricanes, or other acts which require immediate
action. Any costs incurred by the Managing Agent pursuant to
this paragraph shall be paid for in accordance with The
Declaration if not covered by insurance.
9. RESPONSIBILITY FOR REPLACEMENT; The Managing Agent
has contracted to maintain and repair and provide certain
services in accordance with "The Declaration" in connections
with ordinary wear, tear and usage; but the Managing Agent by
this Agreement neither assumes nor contracts to. replace any
streets, sidewalks, water pipes, sewer lines, septic tanks
or septic tanks drain fields, light poles, or underground
wiring or any building of any type or any tennis courts,
docks or swimming pools situated in the community known as
Ships Watch. This provision, however, does not release the
Managing Agent from liability for any of the aforesaid for
damage to or for which replacement is required due to its own
negligence or that of its agents or employees.
10. COST AND EXPENSES: Any direct out-of-pocket costs
and expenses incurred or advanced by Managing Agent in
furnishing and providing the services which are the subject
of this Agreement shall be reimbursed to Managing Agent by
Association.
11. AMENDMENT OR MODIFICATIONS: This Agreement
constitutes the entire agreement between the parties hereto
and no variance or modification hereof a1? be valid or
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enforceable, except by an amendment or supplemental agreement
in writing executed or approved in the same manner as this
Agreement.
12. ASSIGNMENT: Managing Agent shall have the right to
assign this Agreement: and Managing Agent's rights and
obligations hereto to any corporate subsidiary of Managing
Agent without the approval of the Association and shall have
the further right to assign this Agreement, and the Managing
Agent's rights and obligations hereunder to any other person,
firm or corporation with the consent of the Association,
which consent shall not be unreasonably withheld.
13. BINDING EFFECT: This Agreement shall be binding
upon the successors or assigns of the parties hereto.
IN WITNESS WHEREOF, the Managing Agent, Partnership and
Association have caused this instrument to be executed by its
duly authorized officers or agents, the day and year first
above written.
SHIPS WATCH ASSOCIATION. INC.
BY:
ATT T :
_Presidf7t?
Secretary
-CORPORATE SEAL-
' TIMBUCR II TD.
'. ..I..,A T. BY:
Pre ent
Secretary
-CORPORATE SEAL- Meat 1 1'iJ
X10 SHIPS WATCH LIMITED PARTNtRSHIP
BY: TIMBUCR II, LTD., Partner
ATTEST:
Secretary
' CORPORATE SEAL-
. i?
STATE OF NORTH CAROLINA
COUNTY OF Dare
i
.
nton,
BYiresidenr Timot hor
I, a Notary Public of the County and State aforesaid,
certify that Georqe A.Thornton, IIlpersonally came before
me this day and acknowledged that he/she is full Secretary
of Ships Watch Association, Inc., a North Carolina
corporation, and that by authority duly given and as the act
of the corporation, the foregoing instrument was signed in
its name by its President, sealed with its corporate
seal and attested by him/her as its Secretary.
Witness my hand and official stamp or seal, this 6th
day of December, 1988.
My commission expires:
_ March 12. 1991
Notary Public
?,cr,c:111?D
STATE OF NORTH CAROLINA
COUNTY OF Dare
MQY 19 '?'?
yY,r.e?a oKr
I, a Notary Public of the County and State aforesaid,
certify that George A. Thornton, IIlpersonally came before me
this day and acknowledged that he/she is full Secretary
of TimBuck II, Ltd. a North Carolina corporation, and that by
authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its
president, sealed with its corporate seal and attested by
him/her as its Secretary.
Witness my hand and official stamp or seal, this 6th
day of December, 1988.
My commission expires:
March 12, 1991
_?IN*64X_
Notary Public
STATE OF NORTH CAROLINA
COUNTY OF Dare
I, a Notary Public of the County and State aforesaid,
certify that George A. Thornton, III personally came before me
this day and acknowledged 'that he/she is full Secretary
of TimBuck II, Ltd. a North Carolina corporation, and that by
authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by
him/her as its Secretary.
Witness my hand and official stamp or seal, this 6th
day of December. 1988.
My commission expires:
March 12, 1991
Notary Public
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