HomeMy WebLinkAbout19970304 Ver 1_COMPLETE FILE_19970404State of -)rth Carolina
Departr -nt of Environment,
Health nd Natural Resources
Division of `,Hater Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
?EHNF?
May 23, 1997
Dare County
DWQ Project # 970304
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Kitty Hawk Landing Association, Inc.
P.O. Box 923
Kitty Hawk, NC 27949
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to dredge material
from 0.841 acres of waters for the purpose of conducting edging in an access channel and canal at Kitty Hawk
Landing, as you described in your application dated 4 April 1997. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Numbers 3105 and 3112. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If
total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below. Two (2) feet of freeboard must be
maintained at all times in the upland diked disposal basin. The effluent (discharge) pipe must be located at the
farthest possible distance from the influent pipe to allow maximum settling.
If you do not accept any of the conditions of this certification, 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, P.O.
Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-1786.
Sincerel ,
?Pres on Howard, Jr. P.E.
' 1-
Attachment j
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
George Wood; Environmental Professionals
970304.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper
DEHNR Fax.9199753716 May 15 '97 13:46 P.02/04
To.t. John '.Denney .
" ... PXarrn3axg; ' Br'a'nch
I3?I.S Obi;. OF ROHI iTAL' MANAGBMNT -
C.A?fA/COE ' PST iLPPLICATIQNEfiByi
VQ SUPEMSOR: THORPM
o .1d >REVIEWEK':.. i SAWYER STS: ?S P? 0t'? Q
: IS I !! II?:: ORHATION' FOR CEr11 a. OFFICE TRAi'CKJM
BIt!!IT-= YR:: :.9 P CAUm:
PRQ C?;'?YP&: , RPR?sIT TYPE: CADCOE
Dar if
BG i f)li- Cam: DATE n0K CDA: ' o d
FFTCS:' i t0.• RIVER' SUB. BASIN #: `1? .•? ?
JACENT WATER BODY-
-; AIL W]$:
WL:.' STED: Wt • ACR :KST:
:H7tTW'•:'CNSL'F?: WL'.. SCARE:
'.i TIG T-XON:. MITIGATION TYfIIz
MIGI0 N:'S1ZE: RiIIG:ACD?
:•R?3ltTI YSSUE ISCOIp- y DENY HOLD
SORI?IFFATER ,; PLAN REQ'' D : IF 'YES, DATA'' APPROVED:`
'. •.PRG?E'GT,.??ESCRT'PTIt7N: r ? r j ? ?, ???J
e x,
fiA R" :QUAL`I'FY Cam". (401)
k f?
:ET,.::;REQ D:
ZFY:ES•;`' TYPE: .
5VAGE 'A I'OSAL'
"TYPE ;OF IlI•SPOSAI: F3?OPo g.
(likISTING, PROPOSED, SEPTIC TANK ETC. )
'TO'. 8E•• PEbITTED •BY:
(M., DAIS, COUNTY)
TF-M- DER. IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
t?REA ':OI '' FILL: WATER : WETLAND ; ?.
IS:. F-1-LL :ELIHINA-TING A SIGNIFICANT USE?
AREA . TO B'E DREDGED: . $j
IS` DRED,G,ING ACTIVITY VXPECTED TO: CAUSE A SIGNIFICAW LOSS OF
IS' 'S-V'61L DISPOSAL ADEQUATELY ADDRESSED?
ARE THEFOI,LOW.ING ADEQUATELY ADDRESSED? k
SEWAGE DISPOSAL: MARINA SERVICES:
-OXYGEN IN BASIN. CLOSURE OF SHELLFISESNG WATERS:
,.cc- WaRo; ' 066+-ral Files; DCM Fuld Offices; C OE Washington Office
DEHNR Fax : 9199753716 May 15 '97 13:47 P.03/04
$ p [ij W ITjoNs OR' PEiMT RFSTRICT ONS: / J
.. K ff
OR !
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kitty Hawk Landing Association, Inc.
2. LOCATION OF PROJECT SITE: Ivy Lane, Kitty Hawk, Dare County
Photo Index -1995:187-1973: C-16, H-15 1989: 144-11: V-12, R-15
1984: 137-494: V-19, R-20
State Plane Coordinates - X: 2963800 Y: 855250
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12-11-96
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received - ..1-31-97
Application Complete -, 3-5-97
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan -1995 Kitty Hawk Land-Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust / Estuarine Waters, Estuarine Shoreline
(C) Water Dependent: yes
(D) Intended Use: private
(E) Wastewater Treatment: Existing - NA
. Planned - NA
(F) Type of Structures: Existing - partially bulkheaded canal and access channel
Planned - 2 jetty and 2 breakwater structures
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
970304
86CEIV&D
?w PR R 4 199
?N?NTAC SC/FN??
TEMPORARY SPOIL
MNT A TNMRNT
(A) Vegetated Wetlands
(B) Estuarine / Public Trust
Waters 36,675 sf.(.841 A.)
(C) Upland Spoil Area 19,662 sf. (.451A.)
(D) Total Area Disturbed: 56,337 sf. (1.293 A.)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes
8. PROJECT SUNEMIARY: The applicant proposes to maintenance dredge the access channel and canal
to Kitty Hawk Landing and construct 2 wooden jetties and 2 wooden breakwater structures to help
reduce future channel/canal siltation. It is estimated by staff that this dredge project will generate
between 1,000 and 1,500 cy. of spoil material.
s
Bitty Hawk Landing Association, Inc.
No Report
Page Two
Site Description
The proposed work site is in Kitty Hawk Landing Subdivision. Kitty Hawk Landing is located
near the western end of Kitty Hawk Road adjacent to Kitty Hawk Bay and the Albemarle
Sound in Dare County. There are several man-made canals in this subdivision which provide
access to Public Trust Waters of Kitty Hawk Bay and the Albemarle Sound. The proposed
work site is the western-most canal located between Ivy Lane and the Albemarle Sound.
Examination of aerial photos indicate that this canal was constructed originally by connecting
this canal to a pond, referred to as Avery Pond in the Town of Kitty Hawk 1994 Land-Use
Plan Update. Avery Pond was probably constructed itself originally to provide fill for Kitty
Hawk Landing. The canal is still referred to as Avery Pond.
The canal is over 3,400 feet long with water depths between -2.5 ft. and -6.0 ft. (NWL) with
the most shallow depths being near the canal entrance. This canal channel currently extends
about 300 ft. into the Albemarle Sound and reaches depths between -4.0 and -7.0 ft. (NWL).
The shoreline of this canal is bulkheaded on the east bank, with some lots at the landward end
of the canal being also bulkheaded on the west bank. The west bank separates this canal from
the Albemarle Sound and is mostly vegetated with a large coastal marsh, including Juncus R..,
Spartina C. and Typha L. Previous investigations have noted that sparse amounts of Ruppia
maritima exist outside the canal opening and Achillea millefolium exist in more dense
quantities within the canal.
The waters of this canal and the Albemarle Sound are classified by the Division of Marine
Fisheries as Coastal Waters. These waters are classified by the Division of Coastal
Management as both Public Trust and Estuarine Waters and as such, is part of the Estuarine
System Area of Environmental Concern.
Proposed Work
This application involves the construction of two wooden jetties and two wooden breakwaters,
as well as the maintenance dredging of the above referenced channel and canal. The purpose
for the proposed structures are to reduce the shoaling and siltation at the entrance of the
channel and canal.
The design for this project includes two jetties aligned parallel to the navigation channel of the
canal entrance. The jetties will be built about 65 ft. apart and extend from inside the canal
mouth about 135 ft. into the Albemarle Sound. The total length of each jetty will be 250 ft. -
Kitty Hawk Landing Association, Inc.
Bio Report
Page Three
To allow for visibility to navigation, these jetty structures are proposed to be constructed at a
height of 3.0 ft. above the NWL.
Each jetty will connect to a wooden breakwater structure which will align somewhat
perpendicular to the channel and run to the associated bank of the canal entrance. To provide
for visibility to navigation, these breakwater structures are proposed to be built to a height of
2.0 ft. above the NWL. The total combined length of these breakwater structures will be'- 215
feet. These structures will be constructed with six inch wide openings between each six inch
sheathing board and will not connect to the associated shoreline or bulkhead, terminating 4
feet from the shoreline on each bank.
The applicant also proposes to hydraulically maintenance dredge the subject waterway to a
maximum depth of 6.0 ft. below the NWL. Maintenance dredging is proposed for 160 ft. of
the Albemarle Sound navigation channel portion of these Public Trust Waters. The applicant
also proposes to maintenance dredge 570 ft. of the canal which connects to these waters. The
width of the proposed dredge area will be 45 ft. and it is estimated by staff that the total
quantity of dredge spoil will be between 1,000 and 1,500 cy. The proposed dredge spoil
containment de-watering area is located on community property near the end of the subject
canal and is fenced and bulkheaded. The applicant has indicated on their application and plat
work that this containment area is 19,662 sf. This same spoil site was used when this
waterway was maintenance dredged in 1994 and according to the applicant, allows for a
containment of over 4,300 cy. dredge material.
Anticipated Impacts _
The proposed wooden jetties and breakwaters exceed the 7H Rule Conditions concerning
heights for these type of structures. According to the applicant, in consideration of navigation
safety in these waters, the proposed heights on the breakwater structures will make them more
visible and be easier to navigate, as well as add a degree of strength to these structures. The
proposed six inch openings on these breakwater structures between each sheathing board will
allow resources to pass through the structures but also allow the structures to reduce water
velocity. The placement of these structures at the channel and canal opening should reduce
siltation in this inlet and canal, however, I believe the proposed heights will result in annual
damage to these structures. Typically, these open water structures experience the least damage
when they are constructed at heights of 6 inches to one foot above the NWL. The jetty
structures will each extend about 130 feet into the Albemarle Sound and may present a hazard
to some navigation.
The dredging from this project will impact 36,675 sf. of Estuarine / Public Trust Waters.
This activity will result in an increase in turbidity of the adjacent waters during this work.
f ?
Kitty Hawk Landing Association, Inc.
Bio Report
Page Four
The proposed dredging, in our estimate will generate between 1,000 and 1,500 cy. of dredge
spoil material. The applicant has reported in their application that the spoil containment area
will handle 4,300 cy. of spoil material. I believe that this reported 4,300 cy. figure is
considerably larger than what the structure will actually handle. If you allow for a 8 to 12
foot wide berm, keep a good distance from the canal and allow for a 2 foot operation free
board, this containment site might more reasonably handle between 1,000 and 2,000 cy. of
spoil material. Permitted operation will most likely require a 72 hour retention time before
allowing the discharge spoil leachate. If the hydraulic dredge pumps 200 gpm, I believe this
spoil site will only be able to operate about 30 hours before having to cease pumping in order
to meet a 72 hour retention time requirement.
CAMA Review
A review of the 1995 Kitty Hawk Land-Use Plan Update as it pertains to this site will be
forwarded at a later date.
Submitted by: Dennis W. Hawthorn
Date: March 17, 1997
Form DCM-MP-1
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Kitty Hawk Landing Association, Inc.
Address PO Box 923
City Kigy_Hawk State NC
Zip 27949 Day Phone (919) 261-8465
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
FEB 0 7 ;9347
b. City, town, community or landmark
Kitty Hawk
c. Street address or secondary road number
Tenninus of lyy Lane
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Albemarle Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT.
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Maintenance dredaina, construction of ietties, and
breakwaters.
City Kill Devil Hills State NC
Zip 27948 Day Phone (919) 441-0239
Fax (919 441-0721
c. Project name (if any) Kitty Hawk Landing
N07E. Permit will he issued in ncnne of landowner(s). and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
APPLICATION
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public, private or commercial
use? Private
d. Give a brief description of purpose, use, methods of
constriction and daily operations of proposed project.
If more space is needed, please attach additional pages.
Maintenance dredcins to allow continued access into
Kitty Hawk Landing. Construction of jetties and
breakwaters to abate shoaling. (See attached narrative.)
a. County Dare
Form DCM-MP-1 FEB 0 7 ill
4. LAND AND WATER
CHARACTERISTICS
n.
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
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.)
effluent return from diked disposal area
c. Approximate elevation of tract above MHW or NWL _
. 4t o. Describe existing drinking water supply source.
d. Soil type(s) and texture(s) of tract
sandy loam
e. Vegetation on tract lawn grass (on spoil disposal site)
f. Man-made features now on tract residential
development, bulkheads, boat ramp
g. What is the CAMA Land Use Plan land classification
of the site? (C'onsull the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
. residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
Yes X No
1. Are there wetlands on the site? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, ifavailahle)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the following .
iterns must be submitted:
• A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected properties. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
• An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink on
an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 710203 for a detailed
description.)
Please note that original drawings are preferred and only
high quality copies will be accepted Blue-line prints or
other larger plats are acceptable only if an adequate
number of quality copies are provided by applicant. .
(Contact the U.S. Army Corps of Engineers regarding
that agency's use of larger drawings.) A site or location
map is a part of plat requirements and it must be
sufficiently detailed to guide agency personnel
unfarniliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
m. Describe existing wastewater treatment facilities.
N/A
Form 6CM-MP-1
RNPIrT)
FEB 0 I 1997
•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 James & Evclvn Tvlcr Decatur Partnership
Address PO Box 465 934 Kitty Hawk Road
Phone Leesburg. VA 22075 Kitty Hawk. NC 27949
Name Burrcll Beacham Jcsse T. Lee
Address 79 Pagoda St. 3926 Ivv Lane
Phone Milton. MA 02186 Kittv Hawk. NC 27948
Name Francis Akers James Jackson
Address PO Box 1327 1162 Svlvan Drive
Phone Kittv Hawk. NC 27949 Toms Rivcr. NJ 08753
1 understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program-
I certify that I am authorized to grant, and do in fact, grant
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the project.
1 further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the Z9 aday of J &K- , 19-U.
• A list of previous state or federal permits issued lbr
work on the project tract. Include permit numbers,
permittee, and issuing dates.
12/22/93 CAMA Permit No. 138-93
• 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 lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
Print Narnc ru r - J - U?
Signature AL11 AJL"1r7T
do ner or Authorized ent
Please indicate at
project.
X .DCM MP-2
DCM MP-3
X DCM MP-4
DCM MP-5
DCM MP-6
tachments pertaining to your proposed
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please .c qn and data each attachment in the
space provided at the boltom ofeach form.
Form DCM -MP-2
EXCAVAT-ION
AND -FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-I. 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.
Average F'mal
Existing Project
Length Width Depth Depth
Access
channel
(NEW) or (NWL
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1 160' 45' See Plat 6.0'
570' 45' See Plat 6.0'
N/A
N/A
N/A
N/A
N/A
Rr??3ltrn
EEB 0 7 i'y97
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards f 1,000 c. yds.
b. Type of material to be excavated sand/silt
c. Does the area to be excavated include coastal
wetlands? Yes X No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area on community
property
b. Dimensions of diposal area 19,662 sq. ft.
x 6ft deep
c. Do you claim title to disposal area?
X Yes . No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? on community property
Revised 03/95
.
Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands?
Yes X , No
f. Does the disposal include any area in the water?
Yes X . No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
N/A Bulkhead - - Riprap
b. Length
N/A
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
e. Shoreline erosion during preceding 12 months
N/A
(Soured of i formalion)
f. Type of bulkhead or riprap material
N/A
RECFI??rn
FEB 0 11991
Yes X No
If Yes,
(1) Amount of material to be placed in the
water N/A
(2) Dimensions of fill area N/A
(3) Purpose of fill
N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled?
bermed spoil area, the spoil area will then be
smoothed and grassed
b. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
hydraulic dredge
g. . Amount of fill in cubic yards to be placed below c
water level
(1) Ri prap N/A
(2) Bulkhead fill N/A
h. Type of fill material
N/A
1. Source of fill material
N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. N/A
I)aIC
of Projmt Name
Revised 03/95
h 4 .
Form DCM-MP-4
HAR <..
STRUCTURE S
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, e.
Form DCM-MP-1. Be sure to complete all other sections of the
Joint Application which relate to this proposed project.
a. Dock(s) and/or Pier(s)
(1) n/a Commercial Community Private
(2) Number n/a
(3) Length n/a
(4) Width n/a
(5) Finger Piers n/a Yes No
(i) Number n/a
(ii) Length n/a
(iii) Width n/a
(6) Platform(s) n/a Yes No
(i) Number n/a
(ii) Length n/a
(iii) Width n/a
(7) Number of slips proposed n/a
(8) Proximity of structure to adjacent riparian property
lines n/a
(9) Width of water body n/a
(10) Water depth at waterward end of pier at NEW or
. NWL n/a
b. Boathouse (including covered lifts)
(1) n/a Commercial Private
(2) Length n/a
(3) Width n/a
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number n/a
(2) Length n/a
d. reakw (e.g. wood, sheetpile, etc.)
(1) Length 215' Total
(2) Average distance from MHW, NWL, or
wetlands breakwater perpendicular to shore begins
4' from NWL
(3) Maximum distance beyond MHW, NWL or
wetlands 138'
Mooring buoys
(1) n/a Commercial Community Private
(2) Number n/a
(3) Description of buoy (Color, inscription, size, anchor, etc.
n/a
(4) Width of water body n/a
(5) Distance buoy(s) to be placed beyond shoreline
n/a
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) n/a Commercial Community Private
(2) Number n/a
(3) Length n/a
(4) Width
g. Other (Give complete description)
Two jetties will be constructed totaling 480' as
shown on plat.
Kittv Hawk Landin
Appl' ant or Project Name
, AZL ?' Signre
3A IS1
Date
Revised 03/95
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199705167
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 1, 1997
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
1-1 030H R%DEryED
0,9 Q a 199
???CN?NTq 4SC/?NCSS
Please reference the application of Kitty Hawk Landing Association, Inc., for
Department of the Army (DA) authorization and a State Water Quality Certification to
maintenance dredge an existing canal and access channel to Kitty Hawk Landing, on
property located at the terminus of Ivy Lane, adjacent the Albemarle Sound, in Kitty
Hawk, 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 for an extension of time, by May 31, 1997, the District
Engineer will deem that waiver has occurred.
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone (919) 975-1616, extension 23.
Sincerely,
(409'V?61 fvw 4
Raleigh Bland, P. W . S .
Regulatory Project Manager
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