HomeMy WebLinkAbout81-96 Island Creek PartnersPermit Class Permit Number
NEW S1-96
STATE OYNORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
lhrmtt`'
r , for
X
Major Developinent'in an Area of Environmental Concern
pursuant to NCGS 113A=118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Island Creek Partners 116 Sandy Ridge Road Duck, NC 2794
authorizing development in Dare County at Pamlico Sound and Spencer Creek off of Hwy. 12
at Avon , as requested in the permittee's application dated 12/19/95 including attached work plan
drawing, sheet 1 of 1 dated revised 2/8/96
This permit, issued on 3 2 / f 6 , is subject to compliance with the application (where consistent
with the permit), all applicable 'regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Bulkhead Construction
1) The bulkhead will not be positioned farther waterward than 2 feet from the normal water level
elevation contour at any point along its alignment. `
2) The bulkhead will be constructed landward of coastal wetlands.
3) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or
other suitable materials approved by Department personnel. No excavation is permitted, except for
that which may be required for the construction of the bulkhead wall. This permit does not authorize
any excavation waterward of the approved alignment.
attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the ppermit expires on
December 31 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger checter, Director
Division o Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Island Creek Partners
ADDITIONAL CONDITIONS
Permit #51-96
Page 2 of 2
4) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
5) No vegetated wetlands will be excavated or filled. This restriction may significantly reduce the
amount of fill that may be placed behind the authorized structure. In order to preclude an
inadvertent violation of this condition, the permittee is requested to call for a pre -construction
site meeting with DCM and COE staff.
6) The backfill materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
NOTE_ The Division of Land Resources approved a Sedimentation and Erosion Control Plan on
May 10, 1996
NOTE: A Stormwater Management Permit is required for this project by the Division of
Environmental. No project activity should take place until such permit is approved.
1.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF
April 12, 1996
Regulatory Branch
Action ID No. 199601401
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 Island Creek Partners for a Department of
the Army (DA) permit to increase the number of approved single family
dwellings, and construct a clubhouse, swimming pool, and bulkhead, on property
identified as Island Creek Partnership, located off NC Highway 12, adjacent
Spencer Creek and the Pamlico Sound, Avon, Dare 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 condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. The bulkhead will not be positioned farther waterward than 2 feet
from the normal water level elevation contour at any point along its
alignment.
b 3. All ckfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
j 4. No vegetated wetlands will be excavated or filled.
5. The permittee will maintain the authorized work in od condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitte activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Raleigh
Regulatory Field office, telephone (919)975-1616, extension.
Sincerely,
4
Raleigh Bland, P.W.S.
Regulatory Project Ma
Washington
APq "L y4g
MW C043 q�9
196
1166 NT
-2-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Hefner, District Manager
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
REPLY TO
ATTENTION OF
Regulatory Branch rr I
Action ID. I 1 q b O 19 ID, 1 Applicant IS lan(1 Creep tJAey
Waterway Spency* Leek County Dare Type Work_
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island ;.
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
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
UA4
E Regional Office
Division of Coas al Management
North Carolina Department of
Environment, Heallth and
Natural Resources
13 4 U
c 211,21
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosedAA Yo comments and/or
recommendations would be appreciated on or before tt p 10 t I qq b
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone (919) 975-1616, extension 23.
Sincerely,
Raleigh Bland
Regulatory Project Manager yr
Enclosure
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENT'ON OF June 3, 1996
Regulatory Branch
Action ID No. 199601401 and State Permit No. 81-96
Island Creek Partners
Post Office Box 39
c/o J. R. Hooper
116 Sandy Ridge Road
Buxton, North Carolina 27920
Dear Sirs:
Reference your application for a Department of the Army (DA) permit to
increase the number of approved single family dwellings, and construct a
clubhouse, swimming pool, and bulkhead, on property identified as Island Creek
Partnership, located off NC Highway 12, adjacent Spencer Creek and the Pamlico
Sound, Avon, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of General Permit No. 198000291. 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
Regulatory Field Office, telephone (919)975-1616, extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished without enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
-2-
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
V/ Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
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. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
State of North Carolina
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 12, 1996
MEMORANDUM
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
/7
i�
�EHNR
is
MAR 199E
Receive:'
rn
d'
state
Prec�r<r n�°
Ln £61
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Island Creek Partnership
PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co.
PROPOSED PROJECT: Major Permit Mod. #19-89 to construct a club house, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by April 2, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
at hed comments.
Signed ! L-1� L Date 4
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 A
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
Form DCM-MP-1
RFr.�i�)FD
1. APPLICANT
APPLICATION DEC 2 2 1995
(To be completed by all applicants)
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
a Landowner:
Parcel A. J.R. & G.C. Hooper, O.E. Finch
Name Parcel B. Island Creek Partners
Parcel A. PO Box 39, C/O J. R. Hooper
Address Parcel B. 116 Sandy Ridge Rd.
Parcel A. Buxton NC
City Duck State NC
Parcel A. 27920
Zip 27949 Day Phone 995-5900
Fax NA
b. Authorized Agent:
Name Quible & Assoc. P.C.. Attn. Joe Lassiter
Address PO Drawer 870
City Kitty Hawk State NC
Zip 27949 Day Phone 919-261-3300
Fax 919-261-1260
c. Project name (if any) Island Creek
NOTE: Permit will be issued in name of
landowner(s), and/or project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Avon
c. Street address or secondary road number
NC 12
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
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.
Construction of 8 single family residences club
house Pool, roads bulkhead construction
b. Is the proposed activity maintenance of an existing
project, new work, or both? expansion of an exist
project.
c. Will the project be for public, private or commercial
use? Public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages. (See attached narrative)
4. LAND AND WATER _
CHARACTERISTICS
Parcel A = 1.64
a Size of entire tract Parcel B = 5.16
Total = 6.80
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or NWL
d. Soil type(s) and texture(s) of tract
Duckston and Corolla Fine Sand
e. Vegetation on tract Myrica cerifera. Juniperus
virginicus Juncus roemarianis Ilex vomitoria.
Spartina patens
Revised 03/95
Form DCM-MP-1
RECEIVED
DEC 2 2 1995
f. Man-made features now on tract 8 single family
homes waste treatment system, bridge, paved
road, maintenance shed, bulkheads
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
_ Conservation Limited Transitional
_ Developed Community
Rural _ Other
IL How is the tract zoned by local government?
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? NA
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? X Yes —No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)
in. Describe existing wastewater treatment facilities.
on -site low pressure pipe system
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
Cape Hatteras Water Association
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims 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 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and signed
return receipts as proof that such owners have
received a copy of the application and plats by certified
mail. Such landowners must be advised that they
have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Tim Midgett - Midgett Realty
Address PO Box 250 Hatteras NC 27943
Phone 986-2941
Name W. H. Ful ham
Address 722 W. Riverside. Suffolk. VA 23434
Phone
Name
Address
Phone
Avon Soundside Partners
116 Sandy Ridge Rd., Duck, NC 27949
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Revised 03/95
Form DCM-MP-1
Major CAMA #19-89 Major Mod. 10/24/90 Avon
Soundside Partnership
Msior CAMA # 33-92 Island Creek Partners
• 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.
6. CERTIFICATION AND PERMISSION TO
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 1 _ day of
pp D' /� L . 199Y
Print Name
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
_
DCM MP-3
Upland Development
_
_ DCM MP-4
Structures Information
_ DCM MP-6
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and elate each attachment in the
space provided at the bottom of each form.
RECEIVED
DEC 2 2 1995
Revised 03/95
Form DCM-NP-2
DrralcD -
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet
Average Final
__ _ Exintin Project
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION
a. Amount of material to be excavated from below
M M or NWL in cubic yards -0-
b. Type of material to be excavated NA
DEC 2 2 1995
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. High gi ound excavation in cubic yards -0-
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area NA
b. Dimensions of disposal area NA
c. Do you claim title to disposal area?
NA Yes _ No
if no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? NA Yes —No
If yes, where? NA
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
NA Yes —No
f. Does the disposal include any area in the water?
NA Yes _ No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 402.06
c. Average distance waterward of MHW or NWL
Revised 03/95
Form DCM MP-2
DEC 2 2 1995
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(source of information) on -site observation
£ Type of bulkhead or riprap material
Pressure treated lumber
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 14 cu. vds.
h. Type of fill material Clean sand
i. Source of fill material approved upland source
4. OTHER FILL
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes _ No
If yes,
(1) Amount of material to be placed in the
water NA
(2) Dimensions of fill area 2.1 Acres
91485 sa ft.
(3) Purpose of fill for roadsfor roads building
pads & waste treatment & waste treatment�tem
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
_ Yes X No
If yes,
(1) Dimensions of fill area NA
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Silt fence
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe bulldozer
c. Will wetlands be crossed in transporting equipment
to project site? _Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. NA
1s Creek G �1. 9 Y
lican7�
Sigaa I
Date
Revised 03/95
Form DCM-MP-3
nrnrmr:1)
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed 8 single family
residences clubhouse pool_ associated roads
b. Number of lots or parcels
c. Density (give the number of residential units and the
units per acre) 16 total units on 6.8 acres
(2.35 units per acre)
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc.91485 sg.ft.
(2.1 acres)
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 sedimentation and erosion control
plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted Being prepared
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Asphalt —
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built -upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 15.28%
b. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
DEC 2 2 1995
Permitted low pressure pipe system
j. Have the facilities described in Item i. above received
state or local approval? Yes
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
No discharges proposed
1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Cape Hatteras Water Association
WI■
Will water be impounded?
If yes, how many acres? _
Yes X No
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? NA
JISCreek A h t Project Ramere
12/la 1,6e
Date
Revised 03/95
State of North Carolina
Department of Environment,
,Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director May23, 1996
Island Creek Partners
116 Sandy Ridge Road
Duck, NC 21949
Dear Sir::
1t •: ,
E� H R
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Z;s
��
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, Ni-or' CAn Equal OpportFAX 919-733-1495
Raleigh, North Carolina 27611-7687 unity/Affirmative Action Employer
Voice 919-733-2293 � 50% recycled/10% post -consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Island Creek Partnership
2. LOCATION OF PROJECT SITE: Spencer Creek off NC 12 and Island Creek Drive,
-),S- n S+- Avon, Dare County.
Photo Index - 1989: 202-8: N 11 O&P 11, 12, 13 1984: 144-398: N 11 O&P 11, 12, 13
State Plane Coordinates - X: 3042500 Y: 607600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 1996
Was Applicant Present -No
5. PROCESSING PROCEDURE: Application Received - February 10, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation and Limited Transition
(B) AEC(s) Involved: PT, ES, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Low Pressure Septic
Planned -Same
(F) Type of Structures: Existing - Dwellings
Planned - Club House, Swimming Pool, Dwellings, Bulkhead
(G) Estimated Annual Rate of Erosion: 2' per year
Source - Applicants Agent, Joe Lassiter
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Shading: 1,170 sq.ft.
"404„
(B) Non -Vegetated Wetlands
(C) Other
Grading: 91,485 sq.ft.
Upland
(D) Total Area Disturbed: 2.127 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant requests a major modification to CAMA Major Permit #19-
89 to increase the number of approved dwelling units from 14 to 16, construct a club house and
swimming pool, and 402.68 linear feet of additional bulkhead on property located between Spencer
Creek and Pamlico Sound in Avon, Dare County.
Island Creek Partners
Bio Report
Page 2
Site Description
The applicants property is located the along sound side off NC 12 at the end of Island Creek
Drive in Avon, Dare County. The entire tract under development extends from NC 12 to
Pamlico Sound, and is bisected by Spencer Creek. For the purpose of this permit the area of
interest is confined to that portion of land located between Spencer Creek and the Pamlico
Sound, and consists of two parcels (referred to as Parcel A and Parcel B). The site is
accessed by a wooden bridge over Spencer Creek on Island Creek Drive. The total area of
the property in question is 6.8 acres (296,208 sq. ft.) and is bounded on three sides by
water. The northwest edge of the property abuts the Pamlico Sound, while the north eastern
portion of the tract abuts Spencer Creek. The average elevation of the property is
approximately 3.8' above Base Flood Elevation (BFE) and is in Flood Zone A(8').
Eight existing single family dwellings are serviced by a low pressure system located on the
east side of Spencer Creek. Five dwellings are located adjacent the Pamlico Sound and the
adjacent shoreline has been stabilized with a wooden bulkhead. With the exception of a small
wooded shed, no other structures are on the site. All development activities on the property
have been confined to the area directly west of the bridge.
The property is primarily high ground with several isolated pockets of "404" wetlands. There
is an extensive coastal wetland fringe along the shoreline. There is evidence of shoreline
erosion adjacent the bridge along Spencer Creek and according to the applicant an average of
two feet per year has been lost. Developed high ground areas are dominated by domestic
grasses while vegetation in the undeveloped high ground areas includes, but is not limited to,
Broom Sedge (Andropogon ssp.J, Sea Ox-eye orrichia frutescens , Wax Myrtle ftrica
cerifera , Red Cedar (Juniperus vriinians , and Marsh Elder ava frutescens . The high
ground graduates to coastal wetlands ranging from Salt Meadow Hay S ar ina Patens),
Black Needlerush Juncus roemerianus) to Salt Marsh Cord Grass S artina alterniflora).
Project Description
Island Creek Partners request a modification to CAMA Major Permit #19-89. CAMA Major
#19-89 was originally issued to Avon Soundside Partnership on January 31, 1989, and
authorized the construction of the bridge over Spencer Creek. The permit was later modified
on January 18, 1991, to include: 1) construction of 14 residential units, a 538' bulkhead and
associated driveways on the eastern section of the property; 2) expansion of the existing
bridge; and, 3) construction of a commercial retail/office building and associated parking and
septic system. The size of the tract, on the east side of Spencer Creek, at the time of the
issuance of the permit was estimated to be 5.36 acres, with a density of 2.61 units per acre.
Island Creek Partners
Bio Report
Page 3
On January 25, 1993, the permit was transferred to Island Creek Partners and again modified
to include eight 25' groins to be located along the Pamlico Sound. On March 24, 1992, a
second CAMA Major Permit (#33-92) was issued to Island Creek Partners for the
construction of additional bulkheading along Spencer Creek adjacent to the bridge, excavation
of a channel and boat basin, mooring pilings, dock, and boat ramp.
The applicants have acquired an additional 1.64 acres adjacent to the original site east of
Spencer Creek for a total of 6.80 acres. Under the current modification proposal the number
of single family dwellings will increase from 14 to 16 units, with a density decrease equaling
approximately 1/4 acre per single family dwelling. The density calculated does not reflect the
proposed construction of a clubhouse and swimming pool on the property. The final aspect of
the proposed modification will be the construction of an additional 402.68 linear feet of
bulkhead along Pamlico Sound that will extend to the mouth of Spencer Creek.
The total area of land disturbing activity will be approximately 2.10 acres (91,485 square
feet), of which approximately 14,000 square feet will occur within CAMA's Area of
Environmental Concern (AEC). No filling is proposed in coastal or "404" wetlands and is no
backfill has been requested in conjunction with the proposed bulkhead. Two of the proposed
dwellings will be constructed on pilings over 1,170 square feet of "404" wetlands. According
to the applicant's agent no land disturbing activity will occur in wetlands. It will be virtually
impossible to construct a dwelling without land disturbance. A comparison of the approved
plat and the proposed modification indicates a loss of "404" wetlands has occurred.
According to the permit (including all modifications), no "404" wetlands may be filled.
Anticipated Impacts
The modification, as proposed, will result in a total of 1.69 acres (73,779 square feet) of
impervious lot coverage. Impervious lot coverage within the AEC will be approximately .406
acres (17,709 square feet). Approximately 1,170 square feet of "404" wetlands will be
shaded by dwellings and may eventually be lost if current plats accurately reflect previously _
built over wetlands. The bulkhead, while proposed landward of the coastal wetland fringe
will result in some temporary degradation during construction. Development of previously
undisturbed areas will result in the degradation or loss of several species of naturally
occurring vegetation.
CAMA Review and Land Use Plan Consistency
No unique remnant species, geologic formations or archeological site are know to be
associated with this location.
Island Creek Partners
Bio Report
Page 4
According to the Land Use Plan, Dare County supports the installation and maintenance of
estuarine bulkheads (pg. 56). The County also supports the Corps of Engineers' Nationwide
permit program (pg. 60). It is the Corps policy to minimize or avoid unnecessary impacts to
"404" wetlands. Review of this project indicates that total avoidance of wetlands may be
possible. The Land Use Plan also states that occasional losses of "isolated pockets" of
wetlands is acceptable when the level of alteration is minimal (pg. 60). The proposed
development appears to meet Dare County's desire to maintain a "coastal village. atmosphere
by Land Use Planning techniques to guide the private sector market forces in the direction of
minimal commercialization with single family homes as a preferred type of development"
(pg. 80).
Based on my review it appears that the proposed modification, to CAMA Major Permit N19-
89, is consistent with the Dare County Land Use Plan.
Submitted By: Lynn W. Mathis
Date: March 1, 1996
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RI
A) APPLICANT: Island Creek Partnership COUNTY: Dare
LOCATION OF PROJECT: Off NC 12 & Island Creek Drive, between Spencer Creek & Pamlico
Sound, Avon
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02/10/96
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No
FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: t�P3
B) DATE APPLICATION RECEIVED IN RALEIG �FfF1 REC'D: $ 95a,oC
PUBLIC NOTICE REC'D: IA TI DATE: a� _ —q L
ADJ. RIP. PROP NOTICES REC'D: 1 D REC'D:
APPLICATION ASSIGNED TO: 9 : a— ��_ quo
C) 75 DAY DEADLINE: — — 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE: — p
FEDERAL DUE DATE: —9� FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE \ DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
Div. of Community Assistance
5
Land Quality Section
J X
Div. of Env. Management
State Property Office
--
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
j
Div. of Water Resources
Div. of Marine Fisheries
�—
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: John Parker, Jr.
FROM: Lynn W. Mathis
[DEHNFR
SUBJECT: Major Modification Request for Island Partners CAMA Major Permit #19-89
DATE: March 1, 1996
Based on my review it appears that there may some loss of "404" wetlands in violation of the
state conditions of the permit. Wetlands previously delineated (plat dated 9/5/89) appear to be
inconsistent those shown on the current plat dated 1/23/96, this inconsistency should be resolved.
I would like to recommend approval of the major modification to CAMA Major Permit #19-89
subject to resolution of the above inconsistency and that the following conditions be place on the
permit modification:
1. No marsh grass will be excavated and/or filled.
2. The bulkhead will be constructed landward of coastal wetlands.
3. No wetlands will be filled, excavated or otherwise altered without
T
a modification of this permit.
a 4. The bulkhead must be solid and constructed of treated wood,
concrete slabs, metal sheet piles, or other suitable materials
approved by Department personnel. No excavation is permitted,
except for that which may be required for the construction of the
bulkhead wall. This permit does not authorize any excavation
waterward of the approved alignment.
? 5. The alignment of the proposed bulkhead must be staked by a
representative of the Division of Coastal Management (DCM)
within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30)
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10%post-consumer paper
r9
days, or erosion of the shoreline by adverse weather conditions,
will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of
construction.
Et. NOTE: The Erosion and Sedimentation Control Plan modified to
�1 reflect proposed changes will be required for this project. This
Plan must be filed at least thirty (30) days prior to the beginning
of any land -disturbing activity. Submit this Plan to the Department
of Environment, Health and Natural Resources, Land Quality
Section, 1424 Carolina Ave. Washington, N.C. 27889 .
State df North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor 2
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director o
LO
�W
a
MEMORANDUM ,
TO: John Parker, Jr.
FROM: Lynn Mathis
�EHNR
SUBJECT: Island Creek Properties Major Modification of CAMA Major Permit #19-89
Specifically Regarding the Request to install a Bulkhead
DATE: March 14, 1996
My previous recommendations, submitted on March 1, 1996, suggested that the proposed
bulkhead be constructed landward of the wetland fringe, but I realized that such placement would
not stop erosion. The applicant proposes to construct a bulkhead along the mean high water line
in front of wetlands noted as "404". On March 14, 1996, I made a follow-up investigation of
the coastal wetland fringe at the Island Creek site. I believe that the extent of the coastal wetland
fringe is more than that reflected on the plat and as such warrants additional attention. Based on
the this recent inspection I would like to make additional comments and recommendations.
Although the adjacent wetland is primarily Black Needlerush, a bulkhead would remove the
water connection and thereby remove the classification as a coastal wetland. Once this occurs
we facilitate the loss of that resource. Based on this concern I would like to suggest an alternate
method to stabilized the applicants shoreline.
1) A rip rap structure; or,
2) construction of a marsh enhancement breakwater system.
Both of the above recommendations will afford protection while maintaining a water connection.
If a rip rap system is placed along the edge of the wetland fringe the applicant could still
maintain a narrow beach while protecting the wetlands.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919.726-7021 FAX 919.726-0254
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
RECEIVED
MAR 1 1 1996
�YINONA'IENTAI SC16VC�cS
March 4, 1996
WA
A74 *
�
IDEHNFR
960241
RECEIVED
YM411FtINGTON OFFICE
MAR - 6 IVV6
MEMORANDUM D. E. M.
TO: Mr. A. Preston Howard, Director >> f
Division of Environmental Management 10 17
DEC�iV
FROM: John R. Parker, Jr. d MAY 13 19996 N
Major Permits Processing Coordinator COWAL
SUBJECT: CAMA/DREDGE & FILL Permit Application Review MANAGEMENT co
Applicant: Island Creek Partnership
Project Location: Off NC 12 and Island Creek Drive, between Spe ek & Pamlico
Sound, Avon, Dare County
Proposed Project: Major modification of Permit #19-89 to increase number of approved
dwelling units from 14 to 16, construct a club house and swimming
pool, and 402.68 linear feet of additional bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by March 25, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at (919) 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
attached comments.
Signed
to the project for reasons described in the
Date J 6 k
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 4, 1996
MEMORANDUM
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
A06"� L
IDEHNFR
SUBJECT: 'DREDGE & FILL Permit Application Review
Applicant: Za and Creek Partnership
Project Locate Off NC 12 & Island Creek Drive, between Spencer Creek & Pamlico
Sound, Avon, Dare County
Proposed Project: Major modification of Permit #19-89 to increase number of approved
dwelling units from 14 to 16, construct a club house and swimming
pool, and 402.68 linear feet of additional bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by March 25, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at (919) 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.
�1L,::f'Tfhis 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.
Sign Y�� Date l 1 Cl —76
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM:
A&4
ED F-= Fz&O
MAR 2 0 19A6
DMF-PUB. TUSUBLANDS
TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator
THROUGH: Ski. Wojciechowski
♦0 Il I
FROM: Sara E. Winslow, Biologist Supervisor�F
) /Q 'A V
" `�
SUBJECT: Island Creek Partnership x/ R"gk121
DATE: 18 March 1996
The following comments by the North Carolina Division of Marine Fisheries are
provided pursuant to General Statute 113-131.
Spencer Creek and Pamlico Sound function as nursery areas for spot, croaker, weakfish,
spotted seatrout, flounder, blue crabs, and other commercially and recreationally important
species.
This agency expresses the following concerns with the proposed project. The proposed
402.68 linear feet of bulkhead will impact the adjacent wetlands, by restricting the tidal
exchange, thus impacting the functioning wetlands. Wetlands are of great importance serving
as sources of biological productivity and providing food directly and indirectly. Finally,
wetlands perform important roles in modifying acute impacts of hydrologic events, moderating
stormwater flows, trapping sediments, and providing nutrients for incorporation into resident
plants. In order to assure that this area may still function as a wetland, this agency would
recommend either a rip rap structure or a low breakwater system.
Even though the applicant states that no filling is proposed in coastal or "404" wetlands,
it is quite apparent from the existing permit and modifications that loss of "404" wetlands has
occurred. The proposed shading of —1,170 square feet of "404" wetlands by dwellings will
eventually be lost. It will be virtually impossible to construct a dwelling without impacts to the
wetlands since two are proposed. Based on the existing conditions on the site, violations of the
existing permit have occurred.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
John R. Parker, Jr.
18 March 1996
Page Two
This agency approves of this project only if the bulkhead is replaced with either rip rap
or a low water breakwater. The discrepancies concerning the los of "404" wetlands should also
be addressed.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 12, 1996
Q��
IDEHNR
MEMORANDUM
CFaICEINf
TO:Mr. Charles R. Fullwood, Jr., Director Wildlife Resources CommissionAttn: Habitat Conservation Program 996
FROM: John Parker, Jr. Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Island Creek Partnership
PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co.
ROPOSED PROJECT: Major permit Mod. #19-89 to construct a club house, etc.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by April 2, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
\ This agency has no comment on the proposed project.
v 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
'Mp �ie;o Cook: Ncwl2�-
May 21, 1993
P.O. Box 27687. Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
.F.
„.
�:
.s.
.
_,
a {
��
\')
1
r
`^
U
f��
�i - i
,
(� 1.
T
.�
n.
"1
. � _.�
4
:1
+•�
1.:
Ir
'v
<.
.(
-i
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: , W2 William Wescott, Coastal Coordinator
Habitat Conservation Program
DATE: March 27, 1996
SUBJECT: CAMA major development permit and State dredge and fill permit application
review for Island Creek Partnership, Avon, Dare County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. A site visit was conducted on
March 26, 1996. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.)
The applicant requests a modification to CAMA Major Permit #19-89 to increase the
number of approved dwelling units from 14 to 16, construct a club house and swimming pool, and
bulkhead 402.68 linear feet of shoreline located between Spencer Creek and Pamlico Sound in
Avon, Dare County. The project as proposed would result in the shading of 1,170 ftZ of 404
wetlands and include 91,485 ft2 of upland grading. Areas of environmental concern (AECs) on
the project site include: public trust (PT), estuarine water (EW), estuarine shoreline (ES) and
coastal wetlands (CW). Water classification is SA.
Although the permit specifically states that no 404 wetlands will be filled, approximately
1,170 ftZ of wetlands will be shaded and subsequently lost. Wetlands such as those found on this
site provide functions which benefit the public as well as fish and wildlife. Wetlands act as a
stormwater runoff purification zone between upland areas and surface waters. Wetlands store and
convey flood waters and provide shoreline erosion protection through attenuation of wave
energy. Wetlands also serve as a physical habitat for numerous species of amphibians, reptiles,
birds, and mammals. In some instances, wetlands serve as a spawning and nursery area for
anadromous fish. Through deposition of detritus into adjacent waters, wetlands contribute large
quantities of organic carbon, forming the food chain base and the resulting biological productivity
for many aquatic ecosystems.
We have concluded that no freshwater fishery resources will be directly impacted by the
project as proposed. However, because estuarine and freshwater ecosystems overlap
considerably in the Albemarle -Pamlico Sound region, and significant biological interactions occur
between estuarine and freshwater fishes, there may be effects from this project which cumulatively
and indirectly affect freshwater fishery resources. Due to these factors, the Wildlife Resources
Commission will support recommendations by the N.C. Division of Marine Fisheries concerning
this project which address protection of estuarine water quality and fishery resources.
We appreciate the opportunity to provide input into this permit application review. If you
need further information on these comments, please contact Chad Thomas, District 1 Fisheries
Biologist at (919)3354961.
I
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
March 4, 1996
Mr. Charles Gardner, Director
Division of Land Resources
John R. Parker, Jr.
Major Permits Processing Coordinator
Aj
[DEHNFR
CAMA/DREDGE & FILL Permit Application Review
Applicant: Island Creek Partnership
Project Location: Off NC 12 and Island Creek Drive, between Spencer Creek & Pamlico
Sound, Avon, Dare County
Proposed Project: Major modification of Permit #19-89 to increase number of approved
dwelling units from 14 to 16, construct a club house and swimming
pool, and 402.68 linear feet of additional bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by March 25, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at (919) 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.
v ,C 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
ttached com%epts.
ZASigned Date
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919.264-3901 FAX 919-264-3723
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
TO: John R. Parker, Jr./Stephen Benton
Major Permits Processing Section
Division of Coastal Management
FROM: Patrick H. McClain
Assistant Land Quality Regional Engineer
Washin ton Regional Office
SUBJECT: �llir��
This office will require that:
1. The area be properly graded.
2. A permanent ground cover,sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
3. The exterior slopes of the disposal area dikes be at an
angle no steeper than 1 1/2 H: 1 V.
4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berms,
sand fence, etc.).
5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
k-�6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
8. Other:
State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
IDFEE HNR
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
March 15, 1996
Island Creek Partners
116 Sandy Ridge Road
Duck, North Carolina 27949
Mr. and Mrs. John R. Hooper and Mr. and Mrs. Owen E. Finch
c/o Mr. John R. Hooper
P.O. Box 39
Buxton, North Carolina 27920
RE: Island Creek
Avon - Dare County
Dear Sirs, Mr. and Mrs. Hooper, and Mr. and Mrs. Finch:
As an agency involved in the Division of Coastal
Management's major permit application review process, we have
determined that more than one acre will be disturbed by the
activities as described. Therefore, in addition to a permit from
the Division of Coastal Management, an erosion and sedimentation
control plan must be submitted to and approved by this office
before development begins.
The requiring of an erosion and sedimentation control plan
is based on a mandatory standard for land -disturbing activity of
the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land -disturbing activity, if at
least one acre is to be uncovered, unless an erosion and
sedimentation control plan for the activity is filed with
the agency having jurisdiction and approved.
The plan must be submitted at least thirty (30) days prior
to project commencement. The plan must include, but is not
limited to, the following:
1. A scaled plat plan of the site, showing the affected
areas as well as adjacent properties which may be
affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks,
streams, drainageways, marsh, etc.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-9753716
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper
Island Creek Partners
Mr. and Mrs. John R. Hooper and Mr. and Mrs. Owen E. Finch
March 15, 1996
Page 2
3. Include a brief narrative describing the activities to
be undertaken and a construction schedule.
4. Indicate on the plat the measures to be utilized to
prevent sediment from entering adjacent properties,
such as location of silt fences, silt basins, diversion
ditches, areas to be seeded, etc.
5. Include seeding and mulching specifications for both
temporary and permanent stabilization.
6. Include any other pertinent information directed at
controlling offsite sedimentation, slope degradation,
and erosion.
Please be advised that the plan will be considered
incomplete, and the statutory review period will not begin,
unless a non-refundable plan review processing fee, payable by
check or money order made out to the Department of Environment,
Health and.Natural Resources, is included. The amount of the fee
is based on $30 for the first disturbed or affected acre, plus
$20 for each additional whole or fractional acre of land to be
disturbed (including offsite borrow or waste areas).
To begin this project without the approval of an erosion/
sedimentation control plan will be considered a violation of the
Act and may lead to the assessment of a civil penalty of up to
$500.00 per day for each day the project is deemed in violation.
For your convenience, we are enclosing a guideline for
developing a plan. If you should have any questions, feel free
to contact me.
Sincerely
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHM:jt
Enclosures
cc: Joe Lassiter, Quible and Associates
John R. Parker, Division of Coastal Management
State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A&4%
IDEHNR
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
May 10, 1996
LETTER OF APPROVAL
Island Creek Partners
ATTN: Mr. John R. Hooper, Owner
116 Sandy Ridge Road
Duck, North Carolina 27949
RE: Erosion and Sedimentation Control Plan
Island Creek, Phase 2
Avon - Dare County
Date Received: April 24, 1996
Responsible Party: Island Creek Partners
Dear Mr. Hooper:
This office has completed its review of the erosion and
sedimentation control plan for the referenced 1.6 acre
disturbance. We find the plan for the construction of roads,
driveways, 2 retention ponds and a pool to be acceptable and
hereby issue this LETTER OF APPROVAL .
The Sedimentation Pollution Control Act (copy available upon
request) established a program requiring a project owner or
developer to protect adjoining natural resources and properties,
both during and after construction, from the effects of
accelerated erosion. This program is performance oriented. It
is your responsibility to understand and comply with the
requirements of the Act.
In addition to any listed modifications or conditions, the
following also apply to the approved plan:
-- an erosion and sedimentation control plan is
only valid for 3 years following the date of
initial approval, if no land -disturbing
activity has been undertaken;
-- a copy of the latest approved soil erosion and
control plan must be on file at the job site;
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-9753716
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Island Creek Partners
ATTN: Mr. John R. Hooper, Owner
May 10, 1996
Page 2
-- a buffer zone, sufficient to restrain visible
sedimentation, must be provided and maintained
between the land -disturbing activity and any
adjacent property or watercourse; ,
-- new or affected slopes must be at an angle
that can be retained by vegetative cover;
-- barren slopes must be provided with a ground
cover sufficient to restrain erosion within 30
working days of completion of any phase
(rough.or final) of grading (RYE GRASS IS NOT
in the approved seeding specifications nor is
it an ACCEPTABLE substitute for the providing
of a ground cover);
-- a permanent ground cover, sufficient to
restrain erosion, must be provided within the
shorter of 30 working or 120 calendar days
after completion of construction or
development; and
-- this approval is not automatically transferred
with a change in project ownership.
Be advised that to ensure compliance with the approved plan
and the program requirements, unannounced periodic inspections
will be made. If the implemented plan is determined to be
inadequate, this office may require that it be revised to comply
with state law. Failure to comply with any part of the approved
plan or with any requirements of this, program, could result in
the taking of appropriate legal action against the financially
responsible party (Island Creek Partners). One option is the
assessing of a civil penalty of up to $500 per day for each day
the site is out of compliance.
. In recognizing the desirability of early coordination of
sedimentation control, we believe it would be beneficial for you
and your contractor to arrange a preconstruction conference to
discuss the requirements of the approved erosion and
sedimentation control plan. It would be appreciated if you would
contact this office to advise Richard Peed (ext. 374) of the
construction start-up date, contractor and an onsite contact
person or complete and return the attached Project Information
sheet to the above named.
Island Creek Partners
ATTN: Mr. John R. Hooper, Owner
May 10, 1996
Page 3
The land -disturbing activity described in this plan may
require approval or permitting from other Federal, State or local
agencies. These could include the U.S. Army Corps of Engineers
under Article 404 jurisdiction, the Division of Environmental
Management under water quality regulations (contact Bill Moore,
919-946-6481, Ext. 264), county, city or town agencies under
other local ordinances, or other approvals that may be required.
This approval cannot supersede any other approval or permit.
Sincerely,
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHM:pm
Enclosures
cc: James M. Conners, RLA, Quible and Associates
John R. Parker, Division of Coastal Management
t411r �� r4L 96
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
[DEHNFR
March 4, 1996
Mr. Robert E. Chandler, Director
Division of Community Assistance
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Island Creek Partnership
MPR��pt
Project Location: Off NC 12 and Island Creek Drive, between Spencer Creek & Pamlico
Sound, Avon, Dare County.
Proposed Project: Major modification of Permit #19-89 to increase number of approved
dwelling units from 14 to 16, construct a club house and swimming
pool, and 402.68 linear feet of additional bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by March 25, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at (919) 264-3901. When appropriate, in-depth
comments with supporting data is requested.
REPLY '� This agency has no objection to the project as proposed.
his 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 d scribed in the
aft he comments. 7 1�'
Signed Date L-
1367 U.S. 17 South, Eltzabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 12, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
RSLN'61996
Mp��E�
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: land Creek Partneship
PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co.
PROPOSED PROJECT: Major Mod. permit #19-89 to construct a club house, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by April 2,1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY-,_ / This agency has no objection to the project as proposed.
V 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
a ched o eats.
Signed Date
P.O. Box 27687, Raleigh, North Ccrolino 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 12, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Re # L q
APPLICANT: Oland Creek Development
PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co.
PROPOSED PROJECT: Major Permit Mod. #19-89 to construct a club house, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by April 2, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
x 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 A
P.O. Box 27687. Rdeigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
W
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 15, 1996
MEMORANDUM
TO: P. A. "Ski" Wcjciechowski
Division of Marine Fisheries
E:)FEE HNF1
o�J
MAR179M6
DMF-PUB. IDS
FROM: FROM: John Parker CDn,
Major Permits Processing Coordinator RECENO
SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: CLsland Creek Partnership
PROJECT LOCATION: Spencer Creek off NC12 & Island Cr.
PROPOSED PROJECT: To request major mod. of permit #19-89 to increase dwelling
units, construct club house, etc.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
c,� It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
/L /1 e,-"X0 of p,1V W d'i "'97-1-40 'rlc 7
76H.✓n, H0aP.f/1 F'l,Rl.
Signed Date •zo%6
A'c,gT/y 6/- '%/H- /1f_,irD /t/cGorLO/r0 „ -67o,k 7S"� a,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 12, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
E) FE F3
FROM: John Parker, Jr. k
algy 9 �VEQ
Major Permits Processing Coordinator MqH TA146
�fM i
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie
47
'i
APPLICANT: Island Creek Partnership 9 5
PROJECT LOCATION: Spencer Creek off NC 12 & Island Creek Dr., Avon, Dare Co.
PROPOSED PROJECT: Major Mod. of permit #19-89 to construct a club house, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by April 2, 1996. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
1L' 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
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources Aj2i
Division of Coastal Management James B. Hunt, Jr., Governor L
Jonathan B. Howes, Secretary [D E H N FR
Roger N. Schecter, Director
April 29, 1996
Mr. Joe Lassiter
Quible & Associates
P. O. Drawer 870
Kitty Hawk, NC 27949
Dear Sir:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to carry out construction on property located off NC 12 and Island
Creek Drive, between Spencer Creek and Pamlico Sound, Avon, Dare County. Although
processing of the application is nearing completion, additional time is needed for this office to
complete the review and make a decision on your request. Therefore, it is necessary that the
standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which
would make July 9, 1996 the new deadline for reaching a decision on your request. However,
we expect to take action prior to that time and will do so as soon as possible. In the interim, if
you have any question on the status of your application, do not hesitate to contact this office.
Very sincerely,
John . Parker
Major Permits Processing Coordinator
JRP:jr/aw
cc: Lynn Mathis
DCM-Wilmington
P.O. Box 27687, �C
FAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 100/ post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources ` o
Division of Coastal Management r
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E)E H N FR
Roger N. Schecter, Director
March 4, 1996
Mr. Joe Lassiter
Quible and Associates
P. O. Drawer 870
Kitty Hawk, NC 27949
Dear Mr. Lassiter:
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of property located off NC 12 and Island Creek Drive,
between Spencer Creek and Pamlico Sound, Avon, Dare County. It was received on
February 10, 1996, and appears to be adequate for processing at this time. The projected
deadline for making a decision is April 25, 1996. An additional 75-day review period is
provided by law when such time is necessary to complete the review. If you have not been
notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public
road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%postconsumer paper
March 4, 1996
Page #2
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
4
�. "4
Lynn W. Mathis
Field Representative III
LWM/dc
Enclosure
cc: John Parker
Richard L. Watts
Quible
Quible & Associates, P.C.
ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHITECTS • PLANNERS
P.O. Drawer
er 870949
Kitty P.O. Drawer
SINCE 4959
Phone: 949-261.3300
Fax: 919-264-1260
RECEIVED PRINCIPALS
H.W. Bill Gilbert. Ill. P.E.
December 20, 1995
Joseph S. Lassiter. S.E.S.
DEC 2 2 t995 F. Richard hardQ C. Owen. R.L.S.
William C.ible, P.E.. R.L.S.
ASSOCIATES
Sean C. Boyle. P.E.
Eduardo J. Valdivieso. P.E.
Mr. Richard Watts, District Manager
NC Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909
Re: Major CAMA Permit Application
Island Creek - Avon, Dare County, NC
Dear Mr. Watts:
The purpose of this letter is for Quible and Associates, P.C., on behalf of the property owners, Island Creek
Partners, J. R. Hooper, Olin E. Finch, and G. C. Finch, to make application for a CAMA Major Development
Permit. The subject property is an approximately 6.8 acre tract of land divided into parcels A and B. The
project is located adjacent to Spencers Creek and the Pamlico Sound off NC 12 in Avon, Dare County,
North Carolina. The development proposed is a redesign of an existing project where additional land was
included to reduce overall development density. The original CAMA Permit showed 14 units. With the
addition of parcel A the number of units has been increased to 16 but the overall density has been
decreased. The development proposed is the construction of 8 single family residences with an associated
clubhouse and swimming pooL Also proposed are associated roads and an expansion of the bulkhead system
along the shoreline. Enclosed with this correspondence is the Major CAMA Permit Application, a plan view
plat which indicates the development proposed, copies of letters to adjacent riparian property owners and a
check for $250.00 made out the Department of Environment, Health and Natural Resources to cover the
cost of processing the permit application.
We request on behalf of the property owners that you review the enclosed information and initiate the
formal review process. If you have questions or need additional information please contact me at
919-261-3300. If you would like to have an on -site meeting concerning this project please let me know. We
further request that all correspondence and agency comments be forwarded to this office at the address on
this letter head.
Sincerely yours,
Quible and Associates, P.C.
Josep assiter, CEP
Epviionmental Scientist
CC: J. R. Hooper
O. E. Finch
G. C. Finch
Island Creek Partners
Bill Gilbert
Quible
Quible & Associates, P.C.
ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHRECTS • PLANNERS
SINCE 1959
March 18, 1996
Ms. Lynn Kathie
N.C. Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909
Re: Major CAMA Permit - Island Creek
Dear Ms. Mathis:
P O. Dower 870
„r
Kitty Hawk. NC 27049
��
Phone. 919-261-3300
1
Fox. 919-261-1260
PRINCIPALS
R�cEi
H W. Bill Gilbett III, P E
Joseph S. Lassiter. S.E S.
Ayler
M^
y
William C. Owen, R L S
h, P.F.. R L.S.
CO^l
M Iw7
W
F. Riohoro Ib
ASSOCIATES
MANAGEMENT
sincA Boyle
Eouoroo J. Valoivieso, P E
The purpose of this letter is for Quible and Associates, P.C, to request your
field report and all agency comments relative to the review of the Major CAMA
Permit application that our firm has submitted on behalf of Mr. John Hooper and
Mr. and Ms. Olin and Georgia C. Finch for the Island Creek Project in Avon, Dare
County, North Carolina. Based on my 3/18/96 telephone conversation with Mr.
Raleigh Bland of the U.S. Army Corps of Engineers (COE), your field report
Indicates that the wetlands line on the CAMA plat is inconsistent with the
approved 404 wetlands plat for the property. My review of the plat submitted to
you with the Major CAMA Permit application indicates that the wetlands line
represented on that plat is consistent with the current and approved COE Section
404 wetlands line. The wetlands line indicated has been the approved line for
the property since at least 1992 and has been reconfirmed by the Corps in the
last month. I am therefore concerned that your assessment of the project may be
misleading to the review agencies and bias their decision on the project. I know
that Mr. Bland had a misconception based on his review of your report.
Thank you for your attention to this request. Please forward your field report
and reports from other review agencies at your earliest convenience. I will
review these materials and be in touch.
Sincerely yours,
ible nd sociates, P.C.
Joseph S. Lassiter, CEP
--Environmental Scientist
CC: Preston Pate
John Hooper
John Parker
Raleigh Bland
Olin Finch
Georgia Finch
Z 330 774 590
Receipt for
Certified Mail
No Insurance Coverage Provided
•
Do not use for International Mail
,,,,,,
p ILLYrvKK
(See Reversal
M
Senl t0
Avon Sound
t
Street and No. Sand Rid a Rd.
116
...
P.0 . State and ZIP Code
Duck NC 21949
GPostage
$�
co
€
cethnea Fee ' Q
t
O
LL
Special DelivetY Fee
N
a
'Rasuictetl Delivery fee
i
Peru,. Receipt Showing
to Whom & Date Delivered '
Return Receipt Showing to Whom,
Date, and Addressee's Address
TOTAL Postage
& Fees /
'
'Postmark oyUale• -
Z 330 774 581,
Receipt for
Certified Mail
Igor No Insurance Coverage Provided
Do not use for International Mail
Asi:°Yrvfre
(See Reverse)
m
Sent to
W. H. Fulgham
S rent and Nu
722 W/ Riverside
P.O., State and ZIP Code
Suffolk, VA 23434 _
Postage
$1.10
Certified Fee
Special Delivery Fee
restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
Return Receipt $Myvifig}lo Whom,
Data. and Addrespek'-J Address
1 .10
TOTAL Postage
& Fees
Postmark or Date C'
Z 330 774 567
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
'°"Y"pYCe (See Reverse)
en Sent to
I Tim Mid ett Mid ett
= Street and No.
PO Box 250
P.O., State and ZIP Code 27943 -•
gAtteras NC 4
p Postage $ 1 .11J
O
I.L. Special Delivery Fee
d Restricted Delivery Fee
Retum Be start Showing 1 .
,o Whom Data Delivered
am,
Return Receiptessoal
Dale, and Adtlresspere. dgld�P.
art
TOTAL Postage'•:� �' {
& Fees
Postmark or!Dale
G"
I Quible
Quible & Associates, P.C.
P.O. Drawer
870
ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHRECTS • PLANNERS Kitty Hawk. NC 279499d9
SINCE 1959 Phone: 919-261-3300
F,rnrglG j) Fax: 919.261-1260
, D PRINCIPALS
H.W. Bill Gilbert. III. P.E.
RB4rURN RFAMEr REQUESTED DEC 2 2 1995 JWi Dam S.
LOwen. R.L.S.
F. Richard Quible. P.E.. R1.S.
December 20, 1995 ASSOCIATES
Sean Boyle, P.E-
Eduardo J. Valtliview. P.E.
Avon Soundside Partners
116 Sandy Ridge Rd.
Duck, NC 27949
Dear Avon Soundside Partners:
This letter is to notify -you as an adjacent riparian landowner of Island Creek of their plans to construct
eight single family residences, a clubhouse, swimming pool and associated roads and infrastructure on their
property located adjacent to Spencers Creek and the Pamlico Sound in Avon, Dare County, NC. The
enclosed plat accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the statement below, sign and date the blanks
below the statement and return this letter to: Air. Joe Lassiter, Quible and Associates P.C., PO Drawer
870, Kitty Hawk, NC 27949 as soon as possible.
Should you have objections to this proposal, please send your written comments to NC Division of Coastal
Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30
days of receipt of this notice.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerely,
Quible and Associates, P.C.
�JOs• Lassiter,..
�.-Environmental Scientist
I have no objection to the project as presently proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed comments.
Riparian Landowner Signature
Quible
Quible & Associates, P.C. P.O.Orower 870
airy Hawk. NC 27949
ENGINEERS • ENVIRONMENTALISTS • SURVEYORS • LANDSCAPE ARCHITECTS PLANNERSpoone; 919.261-3300
Ego 919-261-1260
SINCE 1959 J RECEIVED
PRINCIPALS
Joseph S.H.W. Bill Gas ".e.1lllS.E.S.
RET[IRN ji � RMU—FZ DEC 2 2 1995 F. R;�� I;a e� le a.E.. R L.S.
ASSOCIATES
December 20, 1995 Eduardo Se`v tlC. we•o. P.E.
Mr. Tim Midgett
Midgett Realty
PO Box 250
Hatteras, NC 27943
Dear Mr. Midgett:
This letter is to notify you as an adjacent riparian landowner of Island Creek of their plans to construct
eight single family residences, a clubhouse, swimming pool and associated roads and infrastructure on their
property located adjacent to Spencers Creek and the Pamlico Sound in Avon, Dare County, NC. The
enclosed plat accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the statement below, sign and date the blanks
below the statement and return this letter to: Mr. Joe Lassiter, Quible and Associates P.C., PO Drawer
870, Kitty Hawk, NC 27949 as soon as possible.
Should you have objections to this proposal, please send your written comments to NC Division of Coastal
Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30
days of receipt of this notice.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerely,
e and Associates, P.C.
J
Josep Biter, CEP
En ' pin tal Scientist
I have no objection to the project as presently proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed comments.
Riparian Landowner Signature
Date
Quible
Quible & Associates, P.C. P.O. Drawer 870
ENGINEERS • ENVIRONMENTAUSTS • SURVEYORS • LANDSCAPE ARCHITECTS • PLANNERS plry Hawk. NC 27949
RFCFIVED Phone: 919-261.3300
SINCE 1959 Fan: 919-261-1260
CERTIMM� DEC 2 2 1995 H.W. Bill Gilbert.111. PRINCIPALS
RECHJP_T RE9IIESTED Joseph S. Lassller. S.E.S.
wiilinn' C. Owen. R.L.S.
F. Richard Quible. P.E.. R.L.S.
ASSOCIATES
December 20, 1995 Sean C. Boyle. P.E.
Eduardo J. Vo1CNleso, P.E.
Mr. W. H. Fulgham
722 W. Riverside
Suffolk, VA 23434
Dear Mr. Fulgham:
This letter is to notify you as an adjacent riparian landowner of Island Creek of their plans to construct
eight single family residences, a clubhouse, swimming pool and associated roads and infrastructure on their
property located adjacent to Spencers Creek and the Pamlico Sound in Avon, Dare County, NC. The
enclosed plat accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the statement below, sign and date the blanks
below the statement and return this letter to: Mr. Joe Lassiter, Quible and Associates P.C., PO Drawer
870, Kitty hawk, NC 27949 as soon as possible.
Should you have objections to this proposal, please send your written comments to NC Division of Coastal
Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 30
days of receipt of this notice.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerely,
Q ' and Associate .
Jo p Laser, CEP
E omnental Scientist
I have no objection to the project as presently proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed comments.
Riparian Landowner Signature
EXOk7St3pcEXHIBIT A O O 5
All that certain parcel of land located in Kinnakeet Township in
the vicinity of the Village of Avon in Dare County, North Carolina
and more particularly described as follows:
Beginning at a point marked by a concrete monument marking the
western right of way of N.C. Highway 12, which highway has a 100
foot right of way at
marking the this point and the point of beginning also
northeasternmost corner of property known as Pamlico
Point Condominiums at the intersection ' N.C. 12;e with the right of way of
South o th
running thence from e point of beginning a course of
concrete monumentWethencelecontinuin448.15 to appoint marked by a
high water mark of Spencer Creek; thence continuing
distance of 33.75 feet, more or leseg tooaPoint th 89 53' 19" West a
marking
acrossthe
Spencer
ean
Creek a course of South 890 53' 19" West a distance of 100.12 feet,
more or less, to a point in the western high water mark of Spencer
Creek; thence continuing South 89° 53' 19" West a distance of
654.75 feet, more or less, to a point marked by a 4 x 4 wood post;
thence continuing South 89° 53' 19" West a distance of 16.21 feet,
more or less, to a point in and marking the mean high water maric of
the Pamlico Sound; thence turning and following the high water mark
of the Pamlico Sound and the general courses and meanderings
thereof the following courses and distances: North 290 30' 31" East
a distance of 126.29 feet; thence North 240 48' 04" East a distance
of 76.44 feet to a point; thence North 610 37' 15" East a distance
Of 198.35 feet to a point; thence North 770 50' 04" East a distance
the preeding for
calls• following°thepmean highewateramarkoofpthe(PamlicocSound inua
general
diretion;
North 89°n55t'h00" East andistance ortheasteofy396.42cfeet)
to to Pointhencermunning
arked
by an iron pin; thence continuing North 89° 55' 00" East a distance
of 16.79 feet, more or less, to a point in and marking the western
high water mark of Spencer Creek; thence turning and following the
high water mark of Spencer Creek a course of South 310 35' 29" West
a distance of 17.44 feet to a point; thence continuing along the
high water mark of Spencer Creek,South 160 20" 00' stance of 63.67 feet
to a point; thence " West 88.81 feet
to a point; thence South 090 58' 13" West a di19
to a point; thence South 09° 10' West a distance of 61.02 feet
South 07° 29' 27" East a distance of 53.03 feet
to a point; thence turning and running North 890 53' 19" East a
distance of 100.12 feet, more or less, and crossing Spencer Creek
to a point on the eastern high water mark thereof; 0distance
fthence North UO°
87
eastern high watermarkofSpencer Creektothence North 09°a Point, wing 19'e'
East a distance of 44.86 feet to a point; thence North 160 27' 24"
East a distance of 30.97 feet to a point; thence turning and
running North 89° 55' 00" East a distance of 44.98 feet to a point;
thence South 810 04' 11" East a distance of 81.87 feet to a point;
thence North 890 55' 00" East a distance of 393.70 feet to a point
marked by a concrete monument and located in the western right of
way of N.C. Highway 12; thence turning and following the western
right of way of N.C. Highway 12 a course of South 23° 11' awe West
a distance of 1y9.80 feet to the point or place of beginning.
There is also conveyed all property lying within the boundaries and
under the waters of Spencer Creek, Which creek runs through and
crosses over the property described hereinabove. All riparian
rights incidental to the ownership of the property described above
shall be understood to be conveyed by this description.
I.
`.. t BK750rG0004
The property herelnabove described was acquired by Grantor by Instrument recorded In.............................................................
Book 579 at page 727 and Book 579 at page 730, both of the Dare County Registry
A map showing the above described property Is recorded In Plat Book .................................... page.........................
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee In fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons Whomsoever except for the exceptions hereinafter stated.
Title to the property herelnabove described is subject to the following exceptions:
Easements and restrictions of record, if any, in the Dare County'Registry.
IN WITNESS R'IIERF.OF, the Grantor has hereunto
set his hand and
seat. or If corporate. has canard this Instrument
to be Dxnrd In It.
carp orale name by Its duly auther12ed officers and It. seal
to be hereunto alflaed
by aulhorit) of Its lloard of Directors, the
day and Voss first
above written.
AVON�S�SIUNDSIDE PARTNERS
______________
i• BY_---Olin-TIAEi
,................
(SEAL)
(Corporate Name)
GeiieraI Paztnei
o
BY: ..................................... ____________________
1r(SEAL)
............................ President
'.
ATTEST:
`'
i..............................................................(SEAL)
L
_
'.________;,,-cr.+�s+.�__. __Seetlla rY (corporate Seal)
V
rAaiP.NIP
"' 4FLr 'Noaru cnnoLlNA,--------- Ra1[g------------------- County.
-•"'1 jv '�. Olin Finch. Gene
t�•,/l/a 11 y 1, a Notary Public of the County and Slate aforesaid, certify that __ _. a_. _.. _..>•AL______ -----
Partner of Avon Soundside Partners,a NC General Partners111
PUBIIv . X1.
Ipl •personally appeared before me this day and aa'know•Itdged the execution of the foregoing Instrument. Witness my
Y1
t'A �V,yrlo t�ayq 7 hand and official stamp or seal, this a7+h day of ______________________�u^f
alpya;l,.yma'" I'plY commission expires: — ........ .R/7y n?_____________------- Nolar, Public
SEAL -STAMP NORTH CAROLINA- ---------------------------------- County.
1, a Notary Public of the County and Stale aforesaid, certify that ------------------------------------------
personally came before me this day and acknowledged that ____ he Is ___________________________ Secretary of
y....................................................... • Norll. Carallna rorl'orallan, and that UY auOlorllY duly
u
9 given and as the act of the catPorsllan, the foregoing Instrument was signed In Its n>me DY Its ... ..........
President, sealed with Its corporate seal and attested by _.__....... as Its ................... __...... Secretary.
Witness my hand and official stamp or teal, this ....... day of ___________________________ 19.........
fly commission expires! ______________________________________ ......... _--------------------- Notary Public
The foregoing Certlilcate(s) of ---
,,ag t Page titled g].treat. . ed to be correct. TUb Instrument ap
,,,at certificate are duly registered at the dale and time and In the nook and Page shown on the
I/
------ ----- �t•.�17 ��.�___ _ __ ___ _ _REGISTER OF Dr..Eni: FOn_. -'-7 ---- `. --------------- COUNTY
By ........... n1.1.11.1.i.1-. .�ahmF/Nmgnt-nrthirr of Dellis
N. C. Dar Assoc. Fmm No. ] a 1976. IleHaeJ �tl 1977-,..,., xe... a e.. w.a.. Nr, r.,.,..,•w, Y e elm,
r.w,r e. /•r•..^•....na IM a. e. u, a—..- lul
. ,r: : '!j�Y 'taaaA it. .. ,i: .,'e .i, :. n ..:: ,•:1 nY- -1 r. ..;..S..,r. !...,.,... ..r...F..,,.. _.
ii eta ,.�:', 1, •'. , ..i � �1�
,t- i,�S.:1:� !a. t .k'.' i. tr 1, .,J.,.I r...•.` :t�
_.lip;:`,.:.:.:::_i•:...s:_�.._._._
t
f •
L T O Imo( 1 15- q I LW Excise Tex •— (^j
'I
0K75.8.P000a3
FILED
'91
JUL
3 P19
2 40
Recording Time, Hook and Page
Tax Lot No........................................................................................... Parcel Identifier No................
Verifiedby........................................................................ County on the ................ clay of ................
by
M
....., 19............
Mall after recording toS.tar.key... Sharp ...... SHARP ...... M.ICHAEL.,...OUTTEN..and ...GRAHAM,....P.-...0. Drawer•••
1.0.2.7.,....K.i.t. t.y... Hawk ...... N.0 .... 2.7-94.9........................................................................................................................................................
This Instrument was prepared byS.tar.key.... Sharp,...Attorne.y _at:...Law,...Ri.t.ty...Hawk,—N.C... 2.794.9...............
.Brief description for the Index ;
KINNAKEET TOWNSHIP F-6495
NORTH CAROLINA GENERAL WARRANTY DE D
THIS DEED made this 25.th.... day of...Iu,ne........................... ..... , 11)9.1 .. , by and between
GRANTOR
AVON SOUNDSIDE PARTNERS, a North
Carolina General Partnership
GRAN'rEE
ISLAND CREEK PARTNERS, n North
CarolinaGeneral Partnership
of
No. 9, Sandy Ridge Road
Duck, NC 27949
Enter In appropriate block for each party: name, address, and. If appropriate, character of entity, e.q. corporation or partnership
The designation Grantor and Grolice ns used herein shall Include said hit l'tlCa, their helrB, eal'CCflflar`.', (11111 IlA9IKllfl, atilt.
shall Include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey onto the Grantee In fee simple, nil that
certain lot or parcel of land situated in the City of .............. .•. ....... ,..,..... Kin na k ee t I.a,IIsbIp.
Dare
.................................................... County, North Carolina and more particularly described as follows:
See attached description labeled- "Exhibit A11 and incorporated herein by
reference.
N. C. arc Avoc. Form No.1 D 1976. Rc11seJ rsl 1977 - LnN roll,,., a Co., IN.. r,o us. r.nlr.no. N. C. noss
II:nIM IY aln,mnl wll� IN N. C. en •,ne. - Irrl
RECFIVFD
DEC 2 2 199S
/v�T/� L• r r,: 0i J
I G al�iu
This Instrument should be mailed to the preparer, Jean -Louise C. Dixon, at Post Office Box 750, Avon, NC 27915
Brief Index Description: Parcel In Avon
Parcel Identifier Number:
Excise Tax: $
NORTH CAROLINA GENERAL WARRANTY DEED
THIS WARRANTY DEED is made this R3' day of June, 1995 by and between:
ATLANTIC ESTATES, a North Carolina General Partnership,
consisting of William M. Fulgham, T. Stockton Midgett
and Anderson Midgett, General Partners
(hereinafter referred to in the neuter singular as "the Grantor") and
JOHN R. HOOPER,
OLIN E. FINCH
and Wife, GEORGIA C,. FINCH
116 Sandy Ridge Road
Duck, N.C. 27949
(hereinafter referred to In the neuter singular as 'the Grantee') :
WITNESSETH, that the Grantbr, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these present
-foes hereby give, grant, bargain, sell and convey unto the Grantee, its heirs, successors, administrators and assigns, all of that certain lot or parcel of Ian
situated near the Village of Avon, Kinnakeet Township of said Dare County, North Carolina, and more particularly described as follows.
All that certain parcel of land situated in or near the village of Avon, Kinnakeel Township of said Dare County, North
Carolina, and being a part of that properly referred to as "TRACT IV," as described in a deed to the grantor recorded
in Book 535. Page 483 and corrected In Deed Book 541. Page 285 of the Dare County Registry, and more
particularly described as follows:
Beginning at that point where the Northern properly line of the property now or formerly owned by Island Creek
Partners, as recorded by Deed in Deed Bonk 758, Page. 3 at the Dam County Registry, meets the Pamlico Sound,
proceeding thence along the meanderings of the Pamlico Sound in a generally Northerly direction and then a
generally Easterly Direction, and Ilion a generally Soulhaidy Direction to that point marking where the Western Edge
of that body of water known as Spencer Creek meets the Northern boundary of that property recorded in Deed Book
758, Page 3 as noted above, proceeding thence in a Westwardly direction along the boundary line of that property
now or formerly owned by Island Creek Partners approximately 390 feet to the point or place of beginning.
This being that property conveyer! as Tract IV by Deed recorded in Book 535, Page 483 of the Dare County
Registry, that lies to the North of the property now or formerly owned by Island Creek Partners and also bounded
by the Pamlico Sound and that body of water known as Spencer Creek, comprising approximately 1.84 acres.
The properly herein described was acquired by the Grantor by deed recorded in Bonk 535 at Page 483, in the Public Registry of Dare County