19910247 All Versions_Complete File_19931008

State of North Carolina
Department of Environment,
XTINWA
Health and Natural Resources 1 • •
Division of Environmental Management
W
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
C) E H N R
A. Preston Howard, Jr., RE., Director
October 8, 1993
George Wood
Environmental Professionals, Inc.
122 Sir Walter Raleigh Road
Kill Devil Hills, N.C.27948
Dear Mr. Wood:
DEM Project # 91247, COE Project # 199101335
Currituck County
On 13 March 1991, you requested a 401 Water Quality
Certification from the Division of Environmental Management for
your project (Covington Corporation) located in Currituck County.
We wrote to you on 7 May 1991 discussing concerns that we have
regarding the design of the project and placing it on hold until
those concerns are addressed. As of today, we have not received
a response to our earlier letter. Unless we receive a written
response from you by 29 October 1993, we will consider that you
have withdrawn this application and are not interested in
pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or
would like to discuss this matter.
Sincerely,
P. o n R. Dorne
J
Wetl..ands and Ty Te nical Review Group
p
91247.wtd
cc: Washington DEM Regional Office
Wilmington District Corps of Engineers
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
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
March 13, 1991
Regulatory Branch
Action ID. 199101335
NR 7,097
Mr. John Dorney J ?'1n7i.77
Water Quality Section
Division of Environmental Management V.
North Carolina Department of Environment, y v ??
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
for Department of
Enclosed is the application of Covington Corporation,
the Army (DA) authorization and a State Water Quality Certification to place
excavated/fill material in wetlands adjacent to Currituck Sound associated
with the removal of a dike and construction of a road, between the Currituck
National Wildlife Refuge and North Swan Beach, Currituck 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.
<>stf 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 may be required under the provisions of Section 401 of the same
law. A DA permit will not be granted until the certification has been
obtained or waived.
In accordance with our administrative regulations, 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 by May 14, 1991, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ralph Thompson, telephone
[phone].
Sincerely,
Enclosure
C, Tne Wri t
hief, Regulatory Branch

@-- S 85SElt
Engineers,
environmental:
A
June 17, 1991
John Dorney
Division of Environmental Management
P. O. Box 29535
Raleigh, NC 27626-0535
Dear John,
This letter is in response to your request for additional
information regarding analysis of alternate access for the
proposal to install a 1,130' X 60' access road on the
Currituck Outer Banks of North Carolina. We have reviewed
the available highground access to the north which runs
through individual lots and the highground access to the
south which crosses U. S. Fish and Wildlife Management
property, and feel that neither will be available for access.
However, to further explore the highground options we are
requesting additional time to contact the property owners for
their comments regarding easement across the property.
We appreciate your comments and, hopefully, will address them
soon.
Sincerely,
BISSELL ASSOCIATES, INC.
//' /?) 4 ? ?/''
George H. Wood
Director of Environmental Management
cc: The Covington Company
Bissell Associates, Inc Surveying Division
4112 North Croatan Hwy, Drawer 1068 P.O. Box 253
Kitty Hawk, North Carolina 27949 Kitty Hawk, North Carolina 27949
919/261-3266 Fax [phone] Fax [phone]
y.96+
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor May 7, 1991 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. George Wood
Bissell Associates, Inc.
Post Office Drawer 1068
Kitty Hawk, NC 27949
Dear Mr. Wood:
With respect to the Covington Corporation's request for 401
Certification we would like you to address the following concerns
as we discussed in the field:
1) What is the feasibility of improving the existing road on
adjacent property to provide access for all nearby landowners?
Either a trespass easement from the landowner or condemnation by
Currituck County should be addressed:
2) We are unclear as to the need or desire to remove the
existing earthen dike. Please address your rationale for removal
especially as it pertains to hydrology-.-
Please call me at 919-733-5083 if you have any questions.
JRD/kls
Wood2.ltr/401-D-2
Sincerely,
Jo n R. Dorney
cc: Deborah Sawyer
Peter Colwell, DCM - Elizabeth City
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Winston-Salem
919/761-2351
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAEA MAJOR PERMIT APPLICATION REVIEW
PROJECT NAME : - COUNTY: PROJECT #: O
STREAM OR 'ADJACENT WATER BODY : Q u Cgm?
BASIN: J?65 OPEN OR CLOSE : (FOR
STORMWATER PLAN REQ'D:(Y OR N)
IF YES, DATE?jPPROVED:
PROJECT DESCRIPTION: Y'3?1??..D ?%? ??Q•-rw? `L^-_Am"&
CLASS:
SHELLFISHING)
ASSIGNED TO: 4(2
DATE APP. REC'D.:? a -,7 (YY/MM/DD) JOINT NOTICE ?Y
INITIAL REPORT: 31 T (YY/MM/DD) RECOMMENDATION:"
FINAL REPORT: p (YY/MM/DD) (ISSUE/DE, /'O'THER ` «a
4
X"i
WATER QUALITY CERT. (401)
r -<
CERT. REQ' D: (Y OR N)
IF YES: G TERAL CERT: IV (Y OR N) q
TYPE GEN: (INDIVIDUAL CERT:
a v ;-,?+?' f'Cam.
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL? ?TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATERNETLAND FILL
AREA OF FILL: WATER:
WETLAND: ?• s"'?eaq
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT
RESOURCE? (Y OR N) AREA TO BE DREDGED
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? _ (Y OR N)
LOSS OF
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
CLOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.
cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City,
`Washington, Elizabeth City

DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
PROJECT NAME:
COUNTY : ?iC =RO STREA
M OR ADJACENT WATER B DY: BASIN: S OPEN OR CLOSED:
STORMWATER PLAN REQ'D: (Y OR N)
ASSIGNED TO:- 4Z i
DATE APP. REC'D.:
INITIAL REPORT: _
FINAL REPORT:
(YY/MM/DD) JOINT NOTICE _ _
(YY/MM/DD) RECOMMENDATION:_
(YY/MM/DD) (ISSUE/DENY
WATER QUALITY !ER . (401)
CERT. REQ'D: (Y OR N) Q
IF YES: G NERAL CERT: IV (Y OR N)
TYPE GEN: (INDIVIDUAL CERT: r
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(Y/N
r o91
,u.,-it i
i nni?.St -ranch
(EXISTING, PROPOSED SEPTIC -K cPfr6 Q,
BE PERMITTED BY: (DEM, DHS, COU IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND : 115-6
?c--
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N) AREA TO BE DREDGED
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? _ (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
CLOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
PERMIT RESTRICTIONS:
cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City
*Iqk
MEMORANDUM
DIVISION OF ENVI 0NM,NTAL MANAGEMENT
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review
Pro j ect :
Project No. / f - D --
Date Received: 9/ n 2 Z
Initial Date Comment: % l 6 3
Description of Project:
20eV?
Comments:
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ROAD CLASSIFICATION
Heavy-duty ....? Light-duty ......................
Medium-duty Unimproved dirt =_====_
1 j U. S. Route 0 State Route
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VIRGINIA NIA : KNOTTS ISLAND, VA.--N. C.
DRANGLE LOCATION N 3630 - W 7552.5 / 7.5
'30'r 4222 9 20 000 FEET rN. CJ 23
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State of North Carolina FEE 2 t i ?
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
February 25, 1991
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Covington Corporation
Project Location: Currituck Outer Banks between the Currituck National Wildlife
Refuge and North Swan Beach.
Proposed Project: Remove an earthen dike and construct a 1,130 ft. X 60 ft.
fill raod with culverts across a freshwater wetland.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by March 17, 1991. If you have any questions
regarding the proposed project, please contact David R. Griffin at 264-3901.
When appropriate, in-depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date
Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
` OFFICE OF COASTAL MANAGEMENT Lat:36029112"
4 FIELD INVESTIGATION REPORT Long:75051120"
1. APPLICANT'S NAME Covington Corporation
2. LOCATION OF PROJECT SITE Currituck Outer Banks between the
Currituck National Wildlife Refuge and North Swan Beach. Photo
Ref: 1984, 135-635, 1-3; 1989, 39-11, C-17.
3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 05/17/90
(B) WAS APPLICANT PRESENT No
5. PROCESSING PROCEDURE: APPLICATION RECEIVED February 13, 91
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Currituck County
LAND CLASSIFICATION FROM LUP Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP
Should be preserved.
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST WATERS
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES NO X OTHER
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING None
PLANNED None
(F) TYPE OF STRUCTURES: EXISTING Earthen dike
PLANNED Access Road
(G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
COE Wetland 67800sq.ft.
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
Upland dike to be removed 6000sq.ft.
(D) TOTAL AREA DISTURBED: 79800 sq.ft. (1.83 acres)
8. PROJECT SUMMARY: Applicant proposes to remove an earthen dike and
construct a 1,130 ft. x 60 ft. fill road with culverts across a
freshwater wetland.
.y
Covington Corporation
Bio Report
,., Page 2
Site Description
, The applicant currently owns a 1/5 interest in a 72.42 acre
tract of land located on the Currituck Outer Banks between the
Currituck National Wildlife Refuge and North Swan Beach.
Virginia Military Institute and Mr. Horace Gray own the other
interests in the tract.
The property is a rectangular tract running from the
oceanfront to the marshes adjacent to Currituck Sound.
Approximately 1/3 of the property is oceanfront highground
comprised of a largely unvegetated, washover beach grading into a
dune ridge. The dune ridge drops off into a dense scrub forest
of live oak (Quercus virginiana), yaupon (Ilex vomitoria), and
wax myrtle (Myrica cerifera). The Ocean Hazard AEC in this area
extends 145 ft. landward from the first line of stable natural
vegetation.
The interior 52 acres of the tract is an extensive, shallow
wetland area. This wetland area extends the width of the
property between the oceanfront shrub thicket and the remaining
highground portion adjacent to Currituck Sound. The wetlands
(known locally as "the flats") are created by the low area
between the two relic dune ridges. The area is chiefly fed by
precipitation, but is tidally influenced south of the relic dike
by a tidal creek on National Wildlife Refuge (NWR) property. The
relic dike (approximately 600 ft. x 20 ft.) isolates the northern
1/3 of the wetland area from tidal influence. The dike is
located on the Covington Tract about 160 ft. south of the
northern property line.
The US Fish and Wildlife Service has been managing the
wetland area south of the dike since 1988 when it replaced an old
drainpipe in the tidal creek with a flashboard riser water
control structure. The NWR seeks to maintain "the flats" as a
valuable wetland area for wintering waterfowl (see letter from
James Munson dated 12/10/90). With the water control structure
closed, water levels are maintained at a constant level flooding
the entire lowland up to the dike. With the structure open, the
area south of the dike is left to the natural tidal fluctuations
from Currituck Sound.
The wetland area is characterized by coastal marsh species:
black needle rush (Juncus roemerianus), saltmeadow hay (Spartina
patens), threesquare (Scirpus Spp.), and other freshwater
emergent species. Shallow open water areas are heavy in
submerged aquatics. There are also scattered shrub hummocks of
wax myrtle and groundsel tree (Baccharis halimifolia).

Covington Corporation
Bio Report
Page 3
The remaining highground portion of the Covington Tract is
characterized by more open areas with scattered live oak shrub
thickets.
Covington Corporation proposes to construct a 1,130 ft. x 60
ft. fill road, on their northern property line, across the
wetland area above the relic dike. They propose to install two
culverts under the fill road and remove the 300 ft. x 20 ft.
relic dike. This would allow the wetlands north of the dike to
return to some degree of tidal influence. The applicant would
like the return of these wetlands (157,532 sq. ft.) to tidal
influence and the removal of the relic dike (6,000 sq. ft.) to be
considered as compensation for the loss of wetlands (67,800 sq.
ft.) due to the fill road. The proposed fill road is to be
located about 80 ft. north of the relic dike.
The applicant does not propose any other development at this
time. However, the purpose of the proposed fill road is to
provide access to the highground area for future residential
development. From aerial photography it would appear that
highground access to the property could be gained through North
Swan Beach to the north of the Covington Tract.
Anticipated Impacts
The construction of the fill road will result in the loss of
67,800 sq. ft. (1.5 acres) of freshwater wetlands in a wetland
system valued as excellent wildlife habitat. The removal of the
relic dike will restore 6,000 sq. ft. of highground back to
wetland elevations. The installation of the two culverts under
the fill road should allow some tidal influence on those
wetlands, therefore increasing LAMA jurisdiction over those
areas.
The fill road will provide access for future development of
the highground areas. This development may impact the water
quality of the wetlands and impact the use of these areas by
waterfowl and other wildlife.
LAMA Review
Both Coastal and 11404" Wetlands are placed in the
conservation land classification by the Currituck County land use
plan. For Conservation classed lands, Currituck's overall policy
calls for "long term management to maintain these resources" and
to steer development away from sensitive areas so that the
"associated results of development will be of less possible harm
to conservation class areas" (Page 86).
Covington Corporation
Bio Report
Page 4
Throughout its land use plan, Currituck County emphasizes
its natural resources. The plan points out that "In a broad but
real sense, most of Currituck County is a complex natural area:
the vast expanse of water, the outer banks, the wetlands, Coastal
wetlands ..." (page 36). The plan highlights in more detail the
importance of the County's estuarine system as the nursery and
habitat of valuable recreational and commercial fisheries, and as
an area used for commercial navigation, recreation and aesthetic
purposes indicating that "The preservation and protection of these
areas are vitally important" (page 34). More specifically, under
the Resource Protection policies section, the plan requires
"giving highest priority to their (estuarine system) protection
and to perpetuate their biological, social, economic and
aesthetic values ...", and that there be a "lack of imposition of
irreversible damage to the Coastal Wetlands."
Further, the plan re-emphasizes that "As discussed in the
1980 Land Use Plan, Currituck Sound is a very unique environment
with its marsh areas serving as a critical link in the Atlanta
Flyway, providing food for migratory water fowl" (page 34).
Currituck confirms the importance of that environment in its
wetlands policy, which states "Allow no development on areas
designated as wetland which would require dredging or filling
except for farm uses, placement of utilities, or uses which would
require the interface of wetland area with water uses (such as
marina development) and only with adherence to rules and
regulations of CAMA and Corps of Engineers 404 permits"(page 70).
Given Currituck County's reputation as an attraction for
waterfowl, wildlife and fishing enthusiasts Currituck's strong
policies to protect their natural resources recognize that the
County's natural environment is an economic resource by itself.
The County's overall goal is "to provide effective long-term
management" of its natural resource areas, and to steer
development to locations where adverse impacts will be minimized
in order to maintain the resources and their natural, cultural,
recreational, productive and scenic values. Use of measures
including alternative accessways, fill reduction and acceptable
mitigation of wetland loss, can together minimize adverse
impacts, maintain the resource and its values, and accomplish
this goal. The proposed development activity must meet that goal
in order to be consistent with the Currituck County land use
plan. .
Submitted By: Peter B. Colwell
Date: February 22, 1991

EEC 7 '91
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 Bissell Associates, Inc.
Address P.O. Drawer 1068
City Kitty Hawk State
NC
Zip 27949 Day phone [phone]
Landowner or X Authorized agent
b. Project name (if any) Gray, Gray, Covington
Tract
c. If the applicant is not the landowner, also give the
owner's name and address.
Covington Corporation
5809 York Road
Richmond, VA 23226
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
None
ry?ih ctg. ?
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New
c. Will the project be for community, private, or
commercial use?
Community
d. Describe the planned use of the project.
Access to high ridge
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 72.42 Acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 - 10'
d. Soil type(s) and texture(s) of tract
Sand to organic muck
e. Vegetation on tract Red Naple to dune
vegetation
ti. City, town, community, or landmark
C , i tiink Outer Banks f. Man-made features now on tract Relic dike
c. County Currituck 9.
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Atlantic Ocean
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
B02
L 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). Access road
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
I. Type and numberof buildings, facilities, or
structures proposed None
b. Number of lots or parcels _ NQne
t. [density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
.__33,800 Sq. Ft o
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 sedimentation and erosion
control plan been submitted to the Division of Land
Resources? No
f. Give the percentage of the tract within 75 feet of a.
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
_N.Qme
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Marl
h. If applicable, has a storrnwater management plan
been submitted to the Division of Environmental
Alanagement? No
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. [lave these facilities received state or local approval?
No
k. Describe existing treatment facilities.
None
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").- None
q
m. Water supply source N/A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
No obBJr,iQtion of existink
access along beach
If the project is on rile oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?_ N/A
6 EXCAVATION AND FILL
INFORMATION
Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MIIW
Upland fill
areas
Length Width Depth
1,130 6o
b. Amount of material to be excavated from below
water level in cubic yards None
C. Type of material N/A
d. Does the area to be excavated include marshland,
swam r, or other wetlands?
e. High ground excavation, in cubic yards
N/A
RE;''i-i11D
FEB 7 '91
f. Dimensions of spoil disposal area
N/A/
g. Location of spoil disposal area N/A
h. "'bo 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 months, in oc2A
feet N/A eth0W
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
meanhigh water N/A
f. Type of fill material
N/A
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:
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N/A
m. Type of fill material
N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
1.130' x 60'
q. flow will excavated or fill material be kept on site
and erosion controlled?
3 to 1 side slopes grassed and marl
top
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? hulldozer
s. Will wetlands be crossed in transporting equipment
to project site? Yes If yes, explain steps that will
be taken to lessen environmental impacts.
Mats
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
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
the project.
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 16 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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance waterward of mean high water or
normal water level N/A
Name` Swan Island Properties. Inc.
Address c/o Lawrence W. Riggs, President
Post Office Box 10117
Corolla, NC 27927
Name _ Monkey igtand Nat, Wi idt fe Refuse
Address Post Office Box 39
Knotts Island, NC 27950
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
Ir?.rmittce, and issuing dates.
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on (lie use of 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. 11 3A-1 to 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 pennit.
1 certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I hirther 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
project.
This is the 23 thday of January 1991
X r ?.
LaniW___
or Authorized agent
?Jrl
Im Off

t
. HISS[[[ '. RECEIVED ??
r,
1 inc!<, aloulp.cK Manner ,urveyors, r[Q 7
niv„rmnrlnienf:q ?.t u•colisl^R con-.Ir nr.ion mnnagnr6 rLU

February 4, 1991
Mr. Ralph Thompson
U.S. Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889
Dear Mr. Thompson:
Enclosed you will find an application made on behalf of the
Grays and Covington for property located on the Currituck
Outer Banks. The application proposes the construction of a
fill road to obtain access to highground which lies west of
the wetland area. The purpose of the proposed access is for
residential construction. No residential construction plan
has been submitted with this application because approval of
this application will affect the design.
The only known highground access to the western ridge is on
property to the south owned by the U.S. Fish and Wildlife
Service. This access crosses a water control structure which
has impacted my client's property (see letter from Mackay
Island National Wildlife Refuge dated 12/10/90). It is
unlikely that the Refuge would permit improvement of this
access for residential development. Therefore, my client
proposes to construct their access road along their northern
boundary to isolate this improvement from the Refuge as much
as possible.
A relic dike exists on my client's property which does not
extend across the entire wetland boundaries but does
effectively eliminate the ebb and flow of waters north of the
dike (see letter from the Division of Coastal Management
dated 5/24/90). As compensation for the loss of wetlands
Bissell Associates, Inc Surveying Division
III?N,101 r:rnut;mliwv lh:rv'! Inrti PO [lox 1Y3
1<0,%Ihvj 11.n111 r.,unhn.r;'%' V1 I'i!t,.Il:r,I Ih!tllil:i,rliiir;,' I•r
'11'r 'I;I r?r,r: (a? nlr! "r,l 1 !.?? ,f1'r ;'hl 'i;': ? I n? ?ll't.;,I I rr,!!

associated with the fill road, my client proposes to remove
the relic dike. The result of this proposal is that:
- 67,800 square feet of wetlands will be filled to
provide access to the western highground ridge
by the applicant and others;
- 6,000 square feet of highground (the relic dike) will
be removed to marsh elevation;
- and 157,532 square feet of wetlands will be
returned to tidal influence.
The net compensation for the loss of wetlands is 2.4 to 1.
We feel that this number could actually be higher when
consideration is made for wetlands not on the property which
will be returned to tidal influence by culverts placed under
the proposed fill road.
I trust that this description will serve to address the
components contained in the Memorandum of Agreement between
the E.P.A. and D.O.A. concerning the determination of
mitigation under the Clean Water Act Section 404 (b)(1)
guidelines. Should you require additional information, do
not hesitate to call.
Sincerely yours,
BISSELL ASSOCIATES INC.
George H. Wood
Director of Environmental Services
enclosures
J t
C??sN? -
U.S. DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE FEd1 9?
MACKAY ISLAND NATIONAL WILDLIFE REFUGE
POST OFFICE BOX 39
KNOTTS ISLAND, NORTH CAROLINA 27950
919-429-3100 `
December 10, 1990
George H. Wood
Bissell Associates
4112 North Croatan Hwy., Drawer 1068
Kitty Hawk, NC 27949
Dear Mr. Wood;
I am writing this letter in response to your inquiry of the
Refuge management of a water control structure on the Swan Island
Tract of the Currituck National Wildlife Refuge (NWR). I
apologize for the delay in furnishing this response, however, I
will try to explain the program and it's background.
BACKGROUND
Currituck NWR was established in 1983, when the U.S. Fish and
Wildlife Service (FWS) purchased the Swan Island and Monkey
Island Tracts from the Nature Conservancy (TNC). TNC had
acquired the Swan Island Tract from the Swan Island Hunt Club in
1975 and 1976. The Swan Island Tract of the Currituck Outer
Banks contain a large portion of what is locally known as "the
flats" (Figure 1).
The area of the Currituck Outer Banks known as "the flats" has
long been recognized by hunters and wildlife resource managers as
an important wintering area for waterfowl. The geography and
topography of the area is such that it trapped precipitation
between the beach and Currituck Sound. When rainfall was
adequate, it sustained a shallow body of water across "the flats"
that was conducive to growing moist soil. and aquatic plants that
are favored by waterfowl.
To preserve this important wintering waterfowl area and, thus
maintain excellent hunting opportunities, the Swan Island Hunt
Club excavated an earthen dam and installed a drain pipe at the
Tract in the early 1970s to prevent a "blow-out" or overwash of
the dunes that naturally formed a barrier between "the flats" and
Currituck Sound. Over the ,years, the structure deteriorated and
was in danger of being washed out.
r K
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vrdA
OW
In 1988, after the Swan Island Tract was purchased by the FWS,
the pipe was replaced with a flashboard ri.ser water control
structure (wcs). Unlike the pipe, the flashboard riser permitted
water levels to be raised or lowered by adding or removing boards
from the riser. In it's first year of operation, the wcs was
maintained with the boards in place to trap rainwater on "the
flats." Shallow water was maintained on "the flats" throughout
the winter of 1989 to provide winter habitat for waterfowl..
According to Refuge surveys and reports from hunters, the project
was successfully providing the intended habitat.
The following spring, 1990, boards were removed from the wcs in
preparation of habitat enhancement operations at the Swan Island
Tract.. Over the years, wax myrtle and other woody species have
encroached in the marshy "flats," thus degrading the habitat for
wintering waterfowl.. During the summer of 1990, several (15-
20) acres of "the flats" were disked to reclaim the wetland
characteristics and improve waterfowl habitat. At the completion
of the program (August, 1990), the boards were replaced in the
wcs to trap rainwater.
MANAGEMENT OB JECTIVF.S
The Refuge goals for the Swan Island Tract of the Currituck NWR
include maintaining the historical high-value wintering waterfowl.
habitat of "the flats." It is our desire to maintain the shallow
water environment of the flats by trapping rainwater behind the
water control. structure. The character of "the flats" would be
maintained, even during periods of' below normal. precipitation.
This would encourage submerged aquatic vegetation in the lour
areas while enhancing moist soil species at exposed wetland
sites.
Occasionally, boards would be remove
water level for maintenance of the
habitat enhancement projects on the
dependent on rainwater for recharge,
we would elect to lower the water
necessary.
d from the wcs to lower the
st;ructur•e and to facilitate
Refuge. Since the site is
however, it is unlikely that
1.eve.l. unless it absolutely
I hope this brief description wi.l.l provide you with the
information you have requested. If not, or if you would like to
discuss the program in more detail, please feel. free to contact
Jim Munson, Assistant Refuge Manager at [phone].
erely yours,
i
James R. Muns n
Assistant Refuge Manager.
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