Loading...
HomeMy WebLinkAbout109-96 Town of Kill Devil HillsPermit Class Permit Number NEW STATE OF NORTH-CAROLINA Department of Enviicnmerit,"Healtlti & Natural Resources +and'.w Coastal Resources Commission authorizing development in Dare as requested in the This permit, issued on Z//9/7!v , is suit 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. 2) No marsh grass will be excavated or filled. 3) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plan. 4) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEHNR and the other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. 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 permit 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. J er N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perm ittee Town of Kill Devil IBM ADDITIONAL CONDITIONS Permit #109-96 Page 2 of 2 6) The Division of Environmental M e nt approved this project under Stormwater Management Permit No. S W79 Any violation of that permit will be considered a violation of this CAMA permit. NOTE: The Division of Environmental91cat;e ap oved the fill associated with this project under General Water Quality Cc6'�'SO 5 on May 23, 1996. NOTE: NOTE: NOTE: The Division of Land Resources this project on June 25, 1996. The U. S. Army Corps of Engineers General Permit No. 198200031. and erosion control plan for project on April 18, 1996 under The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and U. S. Army Corps of Engineers prior to project initiation. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to commencement of any such activity for this determination. Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Enviionme`rit` Health & Natural Resources and.,_... :. Coastal Resources Commission 1 t r !+ 4 i Prn�tt77 for: ., . X Major Developinent;in an Area'ofEnviioiimental Concern pursuanttoNCGS 113A=118''-�71 :w; QUA 1 Nno X Excavation and/or filling pu siiant to NCGS 113-229 authorizing development in Dare County at Kitts T-Tawlr Ramat Rai T)r . hetwPen T-Tn�tnrc Rlvri & Avalon Drive , as requested in the permittee's application dated 3/11126 including attached work plan dated 3/6/96 This permit, issued on %/ 9� is subject to compliance with the application (where consistent with the permit), all applicable,r— 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. 2) No marsh grass will be excavated or filled. 3) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plan. 4) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. (See attached sheet This permil_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 permit 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. er N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Kill Devil Hills ADDITIONAL CONDITIONS Permit #109-96 Page 2 of 2 6) The Division of Environmental Management approved this project under Stormwater Management Permit No. SW7960602. Any violation of that permit will be considered a violation of this CAMA permit. NOTE: The Division of Environmental Management approved the fill associated with this project under General Water Quality Certification No. 3025 on May 23, 1996. NOTE: The Division of Land Resources approved a sedimentation and erosion control plan for this project on June 25, 1996. NOTE: The U. S. Army Corps of Engineers approved this project on April 18, 1996 under General Permit No. 198200031. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and U. S. Army Corps of Engineers prior to project initiation. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to commencement of any such activity for this determination. r- ' Permit Class Permit Number NEW STATE OF NORTH_CAROLINA Department of Environment; health`& Natural Resources Coastal Resources Commission Prift rt , I for;;,r X Major Development in an Area'of Environmental Concern pursuant to NCGS 113A-118 _: -" X Excavation and/or filling pursuant to NCGS 113-229 In WTI MUMINPIUMMIA authorizing development in Pare County at Kim Nawk Ram at R llr hetwre Nam rc Rlv i & Avalon Drive , as requested in the permittee's application dated 1/11196 innhiding attached work plan dated 3/6/96. This permit, issued on _�/ 9lv 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. 2) No marsh grass will be excavated or filled. 3) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plan. 4) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. (See attached sheet for Additional Conditions) This permit_action may be appealed by the permittee or Signed by the authority of the Secretary of DEHNR and the other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. 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 permit 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. er N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Kill Devil Hills Permit #109-96 Page 2 of 2 ADDITIONAL CONDITIONS 6) The Division of Environmental Management approved this project under Stormwater Management Permit No. SW7960602. Any violation of that permit will be considered a violation of this CAMA permit. NOTE: The Division of Environmental Management approved the fill associated with this project under General Water Quality Certification No. 3025 on May 23, 1996. NOTE: The Division of Land Resources approved a sedimentation and erosion control plan for this project on June 25, 1996. NOTE: The U. S. Army Corps of Engineers approved this project on April 18, 1996 under General Permit No. 198200031. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and U. S. Army Corps of Engineers prior to project initiation. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to commencement of any such activity for this determination. Permit Class Permit Number NEW STATE OF-NORTH-CAROLINA Department of Environment; A&alilt"& Natural Resources Coastal Resources,Commission � a CrM� X Major Development in an "Area'of""Environmental Concern pursuant to NCGS 113A-118:.',%-;,;, - X Excavation and/or filling pursuant to NCGS 113-229 authorizing development in & Avalon Drive , as requested in the permittee's application dated 1/11196 including attached work lawn This permit, issued on %/ 9lv 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. 2) No marsh grass will be excavated or filled. 3) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plan. 4) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. (See attached sheet for Additional Conditions) This permit action may be appealed by the perinittee or Signed by the authority of the Secretary of DEHNR and the other qualified persons within twenty (20) days of the Chairman of the Coastal Resources Commission. 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 permit 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. 1603,- Wer N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Kill Devil Hills Permit #109-96 Page 2 of 2 ADDITIONAL CONDITIONS 6) The Division of Environmental Management approved this project under Stormwater Management Permit No. SW7960602. Any violation of that permit will be considered a violation of this CAMA permit. NOTE: The Division of Environmental Management approved the fill associated with this project under General Water Quality Certification No. 3025 on May 23, 1996. NOTE: The Division of Land Resources approved a sedimentation and erosion control plan for this project on June 25, 1996. NOTE: The U. S. Army Corps of Engineers approved this project on April 18, 1996 under General Permit No. 198200031. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and U. S. Army Corps of Engineers prior to project initiation. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to commencement of any such activity for this determination. Permit Class Permit Number NEW STATE OFrNQRTH:CAROLINA Department of Enviionfngnt _ caltfi`& Natural Resources and'' Jf{ Coastal Resources Commission a Pit for:' _U' X Major Development in'an Are of Erivifonmental Concern pursuant to NCGS 113k-418 vun.ro w X Excavation and/or filling pursuant to NCGS 113-229 authorizing development in bare County at Kitt Hawk Ray, at Ray nr I between llampc Blvd & Avalon Drive , as requested in the permittee's application dated 3/11196 including attached work lawn dated 3/6/96. This permit, issued on %/9/9lv 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. 1) The fill material will be clean and free of any pollutants, except in trace quantities. 2) No marsh grass will be excavated or filled. 3) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plan. 4) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. (See attached sheet 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 permit 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. er, N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Kill Devil Hills Permit #109-96 Page 2 of 2 ADDITIONAL CONDITIONS 6) The Division of Environmental Management approved this project under Stormwater Management Permit No. S W7960602. Any violation of that permit will be considered a violation of this CAMA permit. NOTE: The Division of Environmental Management approved the fill associated with this project under General Water Quality Certification No. 3025 on May 23, 1996. NOTE: The Division of Land Resources approved a sedimentation and erosion control plan for this project on June 25, 1996. NOTE: The U. S. Army Corps of Engineers approved this project on April 18, 1996 under General Permit No. 198200031. NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and U. S. Army Corps of Engineers prior to project initiation. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to commencement of any such activity for this determination. Mayor F. DUNCAN WRIGHT Mayor Pro Tern E. M. "COY" HARBESON Commissioners JAMES D. HANKS JEFFREY D. SHIELDS WILLIAM R. MORRIS, JR. The Town of KILL DEVIL HILLS NORTH CAROLINA August 5, 1996 Mr. John R. Parker, Jr. Major Permits Processing Coordinator State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management P.O. Box 27687 Raleigh, North Carolina 27611-7687 REF: CAMA Major Development Permit #109-96 Dear Mr. Parker: Town Manager DEBORA P. DIAZ Town Attorney WALLACE H. MCCO W N Town Clerk MARY E. QUtDLEY, CMGAAE We are pleased to return the executed copy of Permit #109-96 for development of the unimproved portion of Bay Drive in Kill Devil Hills. As instructed, the original permit will be posted on the development site. We understand that the project plan is subject to those conditions appearing on the permit for, and that work must be carried out in compliance with the application and the permit conditions. We further understand that modifications, time extensions, and future maintenance require additional approval. We appreciate your assistance in securing this permit for the Town. Thank you. Sincerely, Q � i 5 Debora P. Diaz CUG7 Town ManagerDPD:meq CC c: C. A. Smith, Public Works Director file 102 Town Hall Drive • P. O. Drawer 1719 • Kill Devil Hills, NC 27948 • (919) 480-4000 Form DCM-MP-1 pr -... APPLICATION MAR 2 9 1996 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Kill Devil Hills a. Landowner: NameTown of Kill Devil Hills Address PO Box 1719 City Kill Devil Hills Zip 27948 Day Phone Fax b. Authorized Agent: State NC Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone (919) 441-0239 Fax (919) 441-0721 c. Project name (if any) Bay Drive NOTE. Permit will be issued in Howe of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare c. Street address or secondary road number Bav Drive d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river,, creek, sound, bay) Kitty Hawk Bay 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. nave road. construct swales, install culverts, guard rails, spill way replace culvert and fill wetlands for ROW improvement b. Is the proposed activity maintenance of an existing project, new work, or both? both c. Will the protect 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. This project will improve the existing unpaved portion of Bay Drive an relocate the roa within the right of way. A culvert will be replaced along Bickett St. draina a du ins construction and wetlands 04 only will be filled to improve the ROW and afford a level of safety in that area. Revised 03195 Form DCM-MP-1 LIAR 2 9 1996 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL +/— 5' d. Soil type(s) and texture(s) of tract sandy soils e. Vegetation on tract see attached wetland delineation forms f. Man-made features now on tract unimproved road g. What is the CAMA Land Use Plan land classification of the site? (Consult the local In,& use plan.) X Conservation _ Developed Rural X Transitional _ Community Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? 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. N/A 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 — all run off will be contained in drainage swales . o. Describe existing drinking water supply source. N/A 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 Note: Total land disturbance is 121,250 sq. ft. or 2.78 acres Revised 03195 Form DCM-MP-1 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 Address Phone Name Address Phone Name Address Phone see attached • A list of.previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None • 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 - I 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. w291996 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained 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 11 day of March . 19 96 Print Name George H. Wood Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 ' 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. N/A Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 2 9 1996 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03195 Form DCM-MP-2 fY7nr" - e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of infonwrion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No . pR 2 9 t996 If yes, (1) Amount of material to be placed in the water 27 c. yds. (2) Dimensions of fill area 13 x 15 (3) Purpose of till to improve right of b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No 404 wetlands only If yes, (1) Dimensions of fill area 1,789 sq. ft. (2) Purpose of fill to improve rigbtof 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence will be placed along_ disturbed sites adjacent to wetlands, the area will be smoothed and grassed b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? road grader , bull dozer 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. Bav Drive Applicant r Project Name ��. iJ.G��O Signature 3/11/96 Dale Revised 03195 Form DCM-MP-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES N/A a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL e. Will proposed bridge replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL ONR 2 9 1996 (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge h. Width of proposed bridge i. Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge' Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? Yes 'No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, please provide record of their action. Revised 03195 F" Form DCM-MP-5 2. CULVERTS a. Water body in which culvert is to be placed Bickett St. drainage swale b. Number of culverts proposed c. Type of culvert (construction material, style) bitumanous coated corrogated metal d. Will proposed culvert replace an existing bridge? Yes X No If yes, (1) Length of existing bridge N/A (2) Width of existing bridge N A (3) Navigation clearance underneath existing bridge N/A (4) Will all, or a part of, the existing bridge be removed? (Explain) N/A e. Will proposed culvert replace an existing culvert? X Yes No If yes, (1) Length of existing culvert 55 (2) Width of existing culvert 48" (3) Height of the top of the existing culvert above the MHW or NWL +/— 3' (4) Will all, or a part of, the existing culvert be removed? (Explain) all remnvad f. Length of proposed culvert 67' g. Width of proposed culvert 48" h. Height of the top of he proposed culvert above the MHW or NWL + — 3 i. Will the proposed culvert affect existing water flow? Yes X No If yes, explain 14ONt 2 9 1996 Will the proposed culvert affect existing navigation potential? Yes X No If yes, explain .. 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? X Yes No If yes, (1) Length of area to be excavated 16' (2) Width of area to be excavated 4' (3) Depth of area to be excavated 3' (4) Amount of material to be excavated in cubic yards 7.1 c. yds. b. Will the placement of the proposed bridge or culvert require any excavation within: _ Coastal Wetlands _ SAVs J. Other Wetlands If yes, (1) Length of area to be excavated 251 } (2) Width of area to be excavated 1 (3) Amount of material to be excavated in cubic yards 1 c. yd. c. Will the placement of the proposed bridge or culvert require any highground excavation? X Yes No If yes, (1) Length of area to be excavated 51.5' (2) Width of area to be excavated 4' (3) Amount of material to be excavated in cubic yards 23 c. yds., d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area on existing soil road (2) Dimensions of spoil disposal area 25' x 40' (3) Do you claim title to the disposal area? X Yes No If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-S (4) Will the disposal area be available for future maintenance? X Yes No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. N/A (6) Does the disposal area include any area below the MHW or NWL? Yes X No If yes, give diptension if different from No. 2 above. ���A e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: _ Coastal Wetlands • SAVs X Other Wetlands If yes, (1) Length of area to be filled 140' (2) Width of area to be tilled +/- 15' (3) Purpose of fill to stablize shoulder g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? Yes X No If yes, (1) Length of area to be tilled (2) Width of area to be filled (3) Purpose of fill 4. GENERAL a. Will the proposed project involve any mitigation? Yes X No If yes, explain in detail MAR 2 9 19 Will the proposed project require the relocation of any existing utility lines? X Yes No If yes, explain in detail water main relocation, c. Will the proposed project require the construction of any temporary detour structures? X Yes No If yes, explain in detail Bay Drive unimprove section will be closed during constructic d. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? fill material will be contained behind silt fence an grass tor stabiization f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? backhoe road grader g. 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. N/A Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes X No If yes, explain in detail Bay Drive Appli/a/t or Project Name Sign, turess 3/11/96 Date Revised 03195 State of North Carolina Department of Environment, Health and Natural Resources A&A Division of Coastal Management _ James B. Hunt, Jr., Governor A - Jonathan B. Howes, Secretary 1D E H N FR Roger N. Schecter, Director July 24, 1996 Town of Kill Devil Hills P. O. Box 1719 Kill Devil Hills, NC 27948 Dear Sir: 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 yan 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. Very sincerely, John R Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, ���L FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper y DIVISION OF COASTAL MANAGEMENT . FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Kill Devil Hills 2. LOCATION OF PROJECT SITE: Unpaved portion of Bay Drive, Kill Devil Hills, Dare County adjacent, Kitty Hawk Bay Photo Index - 1989: 146-19 F 6-8 E 9-12 1984: 136-482 V 17-24 State Plane Coordinates - X: 2979400 Y: 849600 \ 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 25, 1996 Was Applicant Present - Represented 5. PROCESSING PROCEDURE: Application Received - March 29, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kill Devil Hills Land Classification From LUP - Transition and Conservation (B) AEC(s) Involved: ES EW PT (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - 55' long corrugated metal pipe Planned - 67' pipe, concrete spillway, 2,000' of paving (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Non -coastal wetlands 1789 sq. ft. (B) Non -Vegetated Wetlands 175 sq. ft. Shallow water habitat (C) Other Covered Impervious surface 56,000 sq. ft. Highground disturbance 32,000 sq. ft. (D) Total Area Disturbed: 89,964 sq. ft. (2.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Pave 2,000 linear feet of soil road, replace and lengthen an existing 43" by 27" elliptical culvert, install 32' of guardrail and a concrete spillway. Fill 175 square feet of shallow water habitat and 1,789 square feet of non -coastal wetlands. Town of Kill Devil Hills Bio Report Page Two SITE DESCRIPTION The Town of Kill Devil Hills owns and maintains Bay Drive, a 75' wide right-of-way extending in a north to south direction along the shoreline of Kitty Hawk Bay. All of the street has been improved with 24' wide asphalt paving except 2,000' by 20' of soil road lying between Hayman Boulevard and Avalon Drive. The western edge of the right-of-way is located an average distance of 80' from the normal water level of Kitty Hawk Bay, which is classified SA waters by the NC Division of Environmental Management. The soil road is located along the eastern half of the 75' wide right-of-way and in a few placed encroaches slightly upon abutting private property. Along approximately 1,700 linear feet of the soil roadway, the waterward half of the right-of-way is highground vegetated with an overstory of loblolly pine (Pinus taeda), red bay (Persea borbonia), live oak (Quercus virginianus), and black willow (Salix nigra) and an understory of wax myrtle (Myrica cerffera), winged sumac (Rhus capollina) and bullbriar. Along the other 300 linear feet of roadway, located at the southern end, the Town has acquired additional right-of-way extending to the normal low water line. It is within this 300' long section that one finds non -coastal wetlands located within the original 75' right-of-way. These wetlands support a homogeneous stand of giant reed (Phragmites australis) and are concentrated along the sides of and at the end of a 15' wide slough. This slough is approximately 100' long and the landward end penetrates the original 75' wide right-of-way for a distance of 35'. To the north and south sides of the waterward end of the slough are 5' - 25' wide fringes of coastal wetlands vegetated with black needlerush (Juncus roemerianus), salt reed grass (Spartina cynosuroides), and salt meadow grass (Spartina patens). Bickett Street, which is unimproved, lies on the east side of Bay Drive and intersects it directly opposite the slough. Centered within the Bickett Street right-of-way is a 15' wide, 2,400' long drainage ditch extending from the east side of Bay Drive to the western edge of the US 158 Bypass. This ditch, created after the 1962 storm, is a major component of the Town's drainage system. A 55' X 43" X 27" corrugated metal pipe lying under the soil road carries water from the ditch into Kitty Hawk Bay. At its discharge end the culvert extends 4' into the slough which is approximately 2' deep throughout. PROPOSED DEVELOPMENT The town proposes the following improvement: • Remove the 55' long culvert at Bickett Street and replace it with a 67' long pipe. Construct a fan -shaped concrete spillway at the outlet to prevent erosion and control sedimentation. Approximately 175 square feet of shallow water area at the landward end of the slough will be filled. Town of Kill Devil Hills Bio Report Page Three • Fill an area of non -coastal wetlands approximately 10'-20' wide located on both sides of the proposed spillway, in order to stabilize the road shoulder. Approximately 1,789 square feet of non -coastal wetlands will be filled. • Install approximately 110 linear feet of curb and gutter at the intersection of Sportsman Drive and Bay Drive. • Pave approximately 2,000 linear feet of Bay Drive with 24' wide asphalt and 2' wide stone shoulders and construct swales and water control structures along both sides of the asphalt roadway. Approximately 56,000 square feet of impervious surfacing is proposed. ANTICIPATED IMPACTS Placing a longer culvert and constructing a concrete spillway in the landward end of the slough will result in the loss of 175 square feet of shallow water habitat. Filling an area along the shoulder for stabilization purposes will cause the loss of 1,789 square feet of non -coastal wetlands. Some short term turbidity will occur during construction. Increased runoff will occur as a result of the 56,000 square feet of impervious surfaces (asphalt and stone shoulders). The installation of swales on both sides of Bay Drive will result in 32,000 square feet of land disturbing activity. No archeological/historical significance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Submitted by: M. Edward Harrell Date: March 29, 1996 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD 8 A) APPLICANT: Kill Devil Hills, Town of COUNTY: Dare LOCATION OF PROJECT: Bay Drive, adjacent Kitty Hawk Bay DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 29, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Harrell DISTRICT Elizabeth City �Ii DISTRICT MANAGER REVIEW: 1� - B) DATE APPLICATION RECEIVED IN tALEI < APR R ,Ara FE REC'D: $ .2sy.0o Q PUBLIC NOTICE REC'D: EI�B•OP ITICE DATE: ,4 ADJ. RIP. PROP NOTICES REC'D: _ "otp REC'D: APPLICATION ASSIGNED TO: ���,� ON: _5b C) 75 DAY DEADLINE: // 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: — FEDERAL DUE DATE: FED. COMMENTS REC' : QV- .2 V G PERMIT FINAL ACTION: ISSUE �1 DENY DRAFT ON )1� — t G ktuA —_ sLk,m AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section t d� Div. of Env. Management State Property Office Div. of Archives & History 1 Div. of Env. Health ` Div. of Highways wildlife Resources Commission 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 kyloo Ci 111u 9 TO: FROM: SUBJECT: DATE: John Parker 8N Ed Harrell A74 •�' �i��� IDEHNFR MAY 1p1996 COASINE JaNti;a Recommendations for Town of Kill Devil Hills Major CAMA Permit Application May 7, 1996 I recommend that the permit be issued for 2,000 linear feet of paving, replacement of an existing 43" x 27" elliptical culvert, the installation of 32' of guardrail, the construction of a spillway and the filling of 175 square feet of shallow water and 1,789 square feet of non -coastal wetlands with the following conditions: �\ 1) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic.. -materials or unsightly debris will not be - used-- Z 2) No marsh grass will be excavated or filled. 3) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat. 4) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. Water Qua 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 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 John Parker May 3, 1996 Page Two 6) The Division of Environmental Management (DEM) approved this project / \ under stormwater management rules of the Environmental Management Commission on Any violation of or deviation from the plan approved by the DEM will be considered a violation of this CAMA permit. Notes 7) Section 401 Water Certification Number _ was issued on for this project by the Division of Environmental Management. 8) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbance activity. Submit this plan to DEHNR, Land Quality Section, 1424 Carolina Avenue, Washington, NC 27889. 9) The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and US Army Corps of Engineers prior to project initiation. 10) Future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 264-3901 prior to commencement of any such activity for this determination. 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: DATE: John Parker Ed Harrell B r� �Aaja E:)EHNFR Town of Kill Devil Hills Major Permit Application Land Use Review May 7, 1996 RECEIVEO MAY 101996 COASTAL MANAGEMENT This proposal involves the paving of 2,000 linear feet of soil road, the replacement of an existing 43" x 27" elliptical culvert and the installation of 32' of guardrail and a concrete spillway. The project will include the filling of 175 square feet of shallow water habitat and 1,789 square feet of non -coastal wetlands. The Town of Kill Devil Hills classifies all LAMA AECs as Conservation and states that if development occurs within those areas it should be "done so in an extremely limited and cautious fashion". The Land Use Plan also states "acceptable uses include, but are not limited to recreation areas, residential uses, and town owned or leased facilities" (Chapter V, pg. 75). "Uses that may be acceptable within Public Trust AEC's, provided that they will not be detrimental to public trust rights and the biological and physical functions of the estuary or ocean, include the development of navigational channels and drainage ditches..." (Chapter III, pg. 26). In the Estuarine Shoreline AEC, no use is absolutely prohibited, but "Any development that occurs within the Estuarine Shoreline AEC is to be compatible with both the dynamic nature of the estuarine shorelines and the economic and biological productivity of the estuarine system" (Chapter III, pg. 26). According to the Land Use Plan, regarding wetland fill activities, the Town's policy is to "support CAMA and US Army Corps of Engineers regulations as applicable, reserving the right to review any proposed modification to existing regulations"(Chapter IV, pg. 35). Based on the above, as long as the proposed development does not detrimentally affect the biological and physical functions of the estuarine system, is compatible with the dynamic nature of the Estuarine Shoreline and is otherwise consistent with CAMA and US Army Corps of Engineers regulations it will be consistent with the Kill Devil Hills Land Use Plan. 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, C� 6 v J 4 6 Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 2, 1996 /, ,S WA IDEHNFR t RECEIVED WASHINGTON OFFICE TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kill Devil Hills, Town of Project Location: Bay Drive, Dare County, Kitty Hawk Bay MK I r TI61 D.LNL Proposed Project: Pave 2,000 linear ft. of soil road, replace & lengthen an existing 43" x 27" elliptical culvert, install 32' of guardrail, a concrete spillway and associated fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact M. Edward Harrell 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 to the project for reasons described in the attached comments. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 91 f 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 Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Town of Kill Devil Hills P.O. Box 1719 Kill Devil Hills, NC 27948 Dear Sirs: `ram L C) FEE HNF4 May 23, 1996 Dare County DEM Project # 960346 You have our approval to place fill material in 1,966 square feet of waters for the purpo-? of improving an existing road at Bay Drive, Kill Devil Hills, as you described in your application dated 8 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files John Parker; DCM George Wood; Environmental Professionals 960346.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper t. - IV 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 April 2, 1996 TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator 1, •�' A �� IDEHNFR SUBJECT: DGE & FILL Permit Application Review Applicant: ill Devil Hills, Town of Project Locate Bay Drive, Dare County, Kitty Hawk Bay APR 221996 COASrAL MANAGEMENT Proposed Project: Pave 2,000 linear ft. of soil road, replace & lengthen an existing 43" x 27" elliptical culvert, install 32' of guardrail, a concrete spillway and associated fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact M. Edward Harrell 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 to the project for reasons described in the ttached c -conments. G Signed Date 1367 U.S. 17 South, Eltrabeth 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 QU ITY SECTION I - e54/ctr7� MEMORANDUM TO: John R. Parker, Jr. Major Permits Processing Section Division of Coastal Management FROM: Patrick H. McClain *6_ . Assistant Land Quality Regional Engineer Washington Regional office SUBJECT: 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. /Z. 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 April 19, 1996 Ms. Debora P. Diaz, Manager Town of Kill Devil Hills P.O. Box 179 Kill Devil Hills, RE: Bay Drive Dare County Dear Ms. Diaz: North Carolina 27948 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 Aclion Employer 50%recycled/10%post-consumer paper Ms. Debora P. Diaz, manager town of Kill Devil Hills April 19, 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: John R. Parker, Jr., 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 ID FEE 1, . • Al N F1 DIVISION OF LAND RESOUR LAND QUALITY SECTION June 25, 1996 LETTER OF APPROVAL Town of Kill Devil Hills ATTN: Mr. C.A. Smith, Director of Public Works P.O. Drawer 1719 Kill Devil Hills, North Carolina 27948 RE: Erosion and Sedimentation Control Plan Bay Drive Kill Devil Hills - Dare County Date Received: June 13, 1996 Responsible Party: Town of Kill Devil Hills Dear Mr. Smith: This office has completed its review of the erosion and sedimentation control plan for the referenced 3 acre disturbance. We find the plan for the clearing, grubbing and grading associated with street construction 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 above listed modifications or conditions, the following also apply to the approved plan: -- an erosion and sedimentation control plan is (MANAGEMENT only valid for 3 years following the date ofinitial approval, if no land-disturbingCEIVEO activity has been undertaken; �1995 ASfAL 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 Town of Kill Devil Hills ATTN: Mr. C.A. Smith, Director of Public Works June 25, 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 (Town of Kill Devil Hills). 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 on -site contact person or complete and return the attached Project Information sheet to the above named. FM Town of Kill Devil Hills ATTN: Mr. C.A. Smith, Director of Public Works June 25, 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 L. Overton, Sr., P.E., Albemarle Engineering John Parker, Division of Coastal Management Stat of orth Carolina De 1hrtrfient of Environment, He 1h4 d Natural Resources 1 • Div(sJ Coastal Management _ U Ja unt, Jr., Governor — JonB. Howes, Secretary � E H N FR Rogechecter,Director April 11, 1996 MEMORANDUM r �+ 1' TO: Ms. Linda Sewall, Director R E C E I v E p Division of Environmental Health MAY 13 1996 FROM: John Parker, Jr. Major Permits Processing Coordinator fNK OF IYMENTt11 12 1 I SUBJECT: CAMA/DREDGE & FILL Permit Application Review,, \ PP APPLICANT: �3own of Kill Devil Hills EulkEN3 a' Mp%k PROJECT LOCATION: Unpaved portion of Bay Dr., Kill Devil Hills, D o. PROPOSED PROJECT: To pave road, replace and lengthen culvert, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 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. LTh agency approves of the roject, only if the recommended changes are oSee atta%hed. �Ce�) �Ce�e . �J2lCD�tp�OK.�Cfi'/ agency objects to the project for easons described in the attached romen Signed (�Qu� Date C _ %Y 040-�- C 401 P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 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 April 11, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways ?A EDEHNFR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DRE E & FILL Permit Application Revie APPLICANT: Town of Devil Is PROJECT LOCATION: Unpav ortion of Bay Dr., Kill Devil Hills, Dare PROPOSED PROJECT: To pave road, replace and lengthen culvert, etc. �RECTIVED APR 221996 COAsrAL MANAGEMENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 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. PLY / 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 o jects to the project for reasons described in the attached comments. Signed Date '2)) `?l P.O. Box 27687, ��FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �C An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% postconsumer 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 April 2, 1996 MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator Aj E:)EHNFR SUBJECT: /DREDGE & FILL Permit Application Review Applicant: Kill Devil Hills, Town of Project Location: y Drive, Dare County, Kitty Hawk Bay APq 44 996 Gle&vr Proposed Project: Pave 2,000 linear ft. of soil road, replace & lengthen an existing 43" x 27" elliptical culvert, install 32' of guardrail, a concrete spillway and associated fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact M. Edward Harrell at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY v � This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. agency objects to the project for reasons described in the Signed 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 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 April 11, 1996 lu31 0 [owl 410111AL I TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator 1'411"' CDEHNFR RECEIVED APR 25 1996 COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: 'Town of Kill Devil Hills <Q PROJECT LOCATION: Unpaved portion of Bay Dr., Kill Devil Hills, Dare Co. ROPOSED PROJECT: To pave road, replace and lengthen existing culvert, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by May 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. �j 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. SignedW&, -aka r�m�1K1�:o iaor3��- Date May 21, 1993 P.O. Box 27687, � FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Me* An Equal FAX Action Employer Voice919-733-2293 50% recycled/1 0% post -consumer paper -State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director April 2, 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/ & FILL Permit Application Review Applicant: Kill Devil Hills, Town of Project Location: Bay Drive, Dare County, Kitty Hawk Bay Proposed Project: Pave 2,000 linear ft. of soil road, replace & lengthen an existing 43" x 271, elliptical culvert, install 32' of guardrail, a concrete spillway and associated fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact M. Edward Harrell at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY ',,,j ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signda--e 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 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 TO: John R. Parker, Jr. FROM: P.A. Wojciechowski", / `AJA IDEHNF11 SUBJECT: CAMA/DREDGE & FILL Permit Application Kill Devil Hills, Town of Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc .R c ivE� APR 1. (1A996 CONS @AAPIAG601 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 April 11, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries AL C>EHNFR APR 1 5 IM6 DMF-PUB, TR./SUBLANDS FROM: John Parker '` LLy� Major Permits Processing Coordinator REvEQ 0 SUBJECT: CAMAI and Fill Permit Application Review NPRCOA t19Ag96 EMENZ APPLICANT: of Kill Devil Hills MK% PROJECT LOCATION: Unpaved portion of Bay Dr., Kill Devil Hills, Dare Co. 9 PROPOSED PROJECT: To pave a road, replace and lengthen existing culvert, 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. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed./ -� Date G G P.O. Box 27687, N141ftAnCFAX 919-733-1496 Raleigh, North Carolina 27611-7687 Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 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 April 11, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator 1� EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review l APPLICANT: 'Town of Kill Devil Hills PROJECT LOCATION: Unpaved portion of Bay Dr., Kill Devil Hills, Dare Co. PROPOSED PROJECT: To pave road, replace & lengthen existing culvert, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 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 comments. r Signed project for reasons described in the attached w��/b. APR 26)1 y9; 96 COASCAI A14NAGEAIENT P.O. Box 27687, 1�y. FAX 919-733-1 A Raleigh, North Carolina 27611-7687 N��C An Equal Opportunity/Afflrmative A ' �I r Voice919-733-2293 50% recycled/1 0% post -consumer paper u 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 April 11, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator AL7 �Ja IDEHNR �R,ECCNEO MAX 131996 106awx SUBJECT: REDGE & FILL Permit Application Review APPLICANT: Town of Kill Devil Hills PROJECT LOCATION: -Unpaved portion of Bay Dr., Kill Devil Hills, Dare Co. PROPOSED PROJECT: To pave road, replace and lenghten culvert. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 2, 19%. 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 _Wr This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed (.)V Date � P.O. Box 27687, �� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NisEw C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 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 April 11, 1996 L EDEHNFR MEMORANDUM F?Wi TO: Mr. John Sutherland, Chief APR 12 Ift Water Planning Section Division of Water Resources DMSION OF WATER RESOURCES FROM: John Parker, Jr. -- Major Permits Processing Coordinator SUBJECT: DGE & FILL Permit Application Review MgyfC APPLICANT: Town of Kill Devil Hills op Mgry�9� PROJECT LOCATION: r. 4 PROPOSED PROJECT: Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 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 " X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed // Date f P.O. Box 27687, �`�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nr� C An Equal FAX Action Employer Voice919-733-2293 50% recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Town of Kill Devil Hills 2. LOCATION OF PROJECT SITE: Unpaved portion of Bay Drive, Kill Devil Hills, Dare County adjacent, Kitty Hawk Bay Photo Index - 1989: 146-19 F 6-8 E 9-12 1984: 136-482 V 17-24 State Plane Coordinates - X: 2979400' Y: 849600 3. INVESTIGATION TYPE: CAMA/D&F 4. " INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 25, 1996 Was Applicant Present - Represented 5. PROCESSING PROCEDURE: Application Received - March 29, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Kill Devil Hills Land Classification From LUP - Transition and Conservation (B) AEC(s) Involved: ES EW PT (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing - 55' long corrugated metal pipe Planned - 67' pipe, concrete spillway, 2,000' of paving (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Non -coastal wetlands 1789 sq. ft. (B) Non -Vegetated Wetlands 175 sq. ft. Shallow water habitat (C) Other Covered Impervious surface 56,000 sq. ft. Highground disturbance 32,000 sq. ft. (D) Total Area Disturbed: 89,964 sq. ft. (2.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: Pave 2,000 linear feet of soil road, replace and lengthen an existing 43" by 27" elliptical culvert, install 32' of guardrail and a concrete spillway. Fill 175 square feet of shallow water habitat and 1,789 square feet of non -coastal wetlands. Town of Kill Devil Hills Bio Report Page Two SITE DESCRIPTION . The Town of Kill Devil Hills owns and maintains Bay Drive, a 75' wide right-of-way extending in a north to south direction along the shoreline of Kitty Hawk Bay. All of the street has been improved with 24' wide asphalt paving except 2,000' by 20' of soil road lying between Hayman Boulevard and Avalon Drive. The western edge of the right-of-way is located an average distance of 80' from the normal water level of Kitty Hawk Bay, which is classified SA waters by the NC Division of Environmental Management. The soil road is located along the eastern half of the 75' wide right-of-way and in a few placed encroaches slightly upon abutting private property. Along approximately 1,700 linear feet of the soil roadway, the waterward half of the right-of-way is highground vegetated with an overstory of loblolly pine (Pinus taeda), red bay (Persea borbonia), live oak (Quercus virginianus), and black willow (Salix nigra) and an understory of wax myrtle (Myrica cerifera), winged sumac (Rhus capollina) and bullbriar. Along the other 300 linear feet of roadway, located at the southern end, the Town has acquired additional right-of-way extending to the normal low water line. It is within this 300' long section that one finds non -coastal wetlands located within the original 75' right-of-way. These wetlands support a homogeneous stand of giant reed (Phragmites australis) and are concentrated along the sides of and at the end of a 15' wide slough. This slough is approximately 100' long and the landward end penetrates the original 75' wide right-of-way for a distance of 35'. To the north and south sides of the waterward end of the slough are 5' - 25' wide fringes of coastal wetlands vegetated with black needlerush (Juncus roemerianus), salt reed grass (Spartina cynosuroides), and salt meadow grass (Spanina patens). Bickett Street, which is unimproved, lies on the east side of Bay Drive and intersects it directly opposite the slough. Centered within the Bickett Street right-of-way is a 15' wide, 2,400' long drainage ditch extending from the east side of Bay Drive to the western edge of the US 158 Bypass. This ditch, created after the 1962 storm, is a major component of the Town's drainage system. A 55' X 43" X 27" corrugated metal pipe lying under the soil road carries water from the ditch into Kitty Hawk Bay. At its discharge end the culvert extends 4' into the slough which is approximately 2' deep throughout. PROPOSED DEVELOPMENT The town proposes the following improvement: • Remove the 55' long culvert at Bickett Street and replace it with a 67' long pipe. Construct a fan -shaped concrete spillway at the outlet to prevent erosion and control sedimentation. Approximately 175 square feet of shallow water area at the landward end of the slough will be filled. Town of Kill Devil Hills Bio Report Page Three • Fill an area of non -coastal wetlands approximately 10'-20' wide located on both sides of the proposed spillway, in order to stabilize the road shoulder. Approximately 1,789 square feet of non -coastal wetlands will be filled. • Install approximately 110 linear feet of curb and gutter at the intersection of Sportsman Drive and Bay Drive. • Pave approximately 2,000 linear feet of Bay Drive with 24' wide asphalt and 2' wide stone shoulders and construct swales and water control structures along both sides of the asphalt roadway. Approximately 56,000 square feet of impervious surfacing is proposed. ANTICIPATED IMPACTS Placing a longer culvert and constructing a concrete spillway in the landward end of the slough will result in the loss of 175 square feet of shallow water habitat. Filling an area along the shoulder for stabilization purposes will cause the loss of 1,789 square feet of non -coastal wetlands. Some short term turbidity will occur during construction. Increased runoff will occur as a result of the 56,000 square feet of impervious surfaces (asphalt and stone shoulders). The installation of swales on both sides of Bay Drive will result in 32,000 square feet of land disturbing activity. No archeological/historical significance has been associated with this site. No unique remnant species or geological formations are known to exist within the project area. Submitted by: M. Edward Harrell Date: March 29, 1996 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF April 18, 1996 Regulatory Branch Action ID No. 199601582 and General Permit No. 198200031. Town of Kill Devil Hills Post Office Box 1719 Kill Devil Hills, North Carolina 27948 Dear Sirs: Through coordination with the North Carolina Division of Coastal Management, we have learned of your plans to pave an existing road and replace an existing culvert, located on Bay Drive, adjacent to Kitty Hawk Bay, in the Town of Kill Devil Hills, Dare County, North Carolina. On January 1, 1992, we renewed General Permit No. 198200031, (copy enclosed), that authorizes the placement of fill material associated with the construction, repair, or replacement of bridges across navigable waters and waters of the United States in North Carolina, including cofferdams, abutments, foundation seals, piers, temporary construction and access fills, approach fills, detour fills, and box culvert installation, as part of work conducted by or in full compliance with the standards and specifications of the North Carolina Department of Transportation (NCDOT) . Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. If you have questions, contact Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure I/ _2- Copies Furnished (without enclosure): Mr. John Parker Iivision of Coastal Management vlfqorth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Richard Watts Elizabeth City Regional Office North Carolina Division of Coastal Management 1317 US 17 South Elizabeth City, North Carolina 27909 4 RECEIVEN AP.? 24 i a9p COASTAL MANAGEPAENT ENMQNeWMPBo�s INC. Planning for a better environment (919) 441-0239 - aECE;vE4 �pR 1 5 t996 March 12, 1996 Mrs. Jean Simpson Sharp 801 S. Street Ahoskie, NC 279I0 Dear Mrs. Sharp: Attached you will find an application made on behalf of the Town of Kill Devil Hills to improve Bay Drive which is adjacent to your property in Kill Devil Hills, North Carolina. Should you have any questions or comment regarding the proposed project, please contact me or the North Carolina Division of Coastal Management. I appreciate your consideration of this matter. Sincerely, George H. Wood, CEP Enclosures 95-034 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 DMOrmEarM PROFESSIONALS, INC Planning for a betler environmeal (919) 441-0239 March 12, 1996 Ms. Mildred Foreman 3857 Herbert Perry Road Kitty Hawk, NC 27949 Dear Ms. Foreman: ��aR 1 5 1996 Attached you will find an application made on behalf of the Town of Kill Devil Hills to improve Bay Drive which is adjacent to your property in Kill Devil Hills, North Carolina. Should you have any questions or comment regarding the proposed project, please contact me or the North Carolina Division of Coastal Management. I appreciate your consideration of this matter. Sincerely, /% George H. Wood, CEP Enclosures 95-034 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368 ENVIRONMENTAL PEOFEWONM INIR Planning for a better environment (919) 441-0239 March 12, 1996 The Town of Kill Devil Hills PO Box 1719 Kill Devil Hills, NC 27948 Dear Sirs: RE��1vF� MpR ,� 5 1996 Attached you will find an application made on behalf of the Town of Kill Devil Hills to improve Bay Drive which is adjacent to your property in Kill Devil Hills, North Carolina. Should you have any questions or comment regarding the proposed project, please contact me or the North Carolina Division of Coastal Management. I appreciate your consideration of this matter. Sincerely, / Geo�f r e�H. Wood, CEP Enclosures 95-034 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8 &MONNUMPROFESSIONALS,INC, Planning for a better environment (919) 441-0239 March 12, 1996 The County of Dare PO Box 1000 Manteo, NC 27954 Dear Sirs: Attached you will find an application made on behalf of the Town of Kill Devil Hills to improve Bay Drive which is adjacent to your property in Kill Devil Hills, North Carolina. Should you have any questions or comment regarding the proposed project, please contact me or the North Carolina Division of Coastal Management. I appreciate your consideration of this matter. Sincerely, George H. Wood, CEP Enclosures 95-034 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8 E[ MONKMALPROFESSIONALS,INC Planning for a better environment (919) 441-0239 Rot\�o b 0, 15 Np March 12, 1996 Avalon Beach Owners Association PO Box 1169 Kill Devil Hills, NC 27948 Dear Sirs: Attached you will find an application made on behalf of the Town of Kill Devil Hills to improve Bay Drive which is adjacent to your property in Kill Devil Hills, North Carolina. Should you have any questions or comment regarding the proposed project, please contact me or the North Carolina Division of Coastal Management. 1 appreciate your consideration of this matter. Sincerely, 'd7 /�� �l�(r�1Z / George H. Wood, CEP Enclosures 95-034 P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8 m SENDER: gS-o3y i v •Complete items 1 and/or 2 for additional services. I also WISh to reC91V0 the I 0 •Camp lete items 3, 4a, and 4b. }OIIOWIng services (for an - 0 sPrint toour name and address on the reverse of this forth so that we can return this extra fee): m cald •Atti this form to the front of the mailpiece, or on the bads it space does not 1 • ❑ Addressee's Address ai 2 - = m4 rr Permit. Receipt Re Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery m rn •The Return Receipt will show to wham the article was delivered and delivered. the date Consult postmaster for fee. a G - m m d 3. Article Addressed to: 4a. Article Number z 33b `l `I 3 0 E a -. E I For�v+. ���� 0.L•� 4b. Service Type o 0 u O IT 7 355T7 f le�� ��rr ❑Registered Certified a rn w .. ¢oQ _ / I� ❑Express Mail ❑Insured ❑ Return mReceiptforMerilafse ❑COD H° o % - va . l - -. Z D T S. Received By: (Print Name) 8. Addressee's Address (Only if requested lu and fee is paid)- �' RECEIVFn ., - 6. Signature: (Addressee or Agent) .. m X IMA •_ _ — PS Fort 3811, December 1994 Dome Ic ceipt d SENDER: v AComplete Items 1 and/or 2 for additional services. 95 _ L)3 y I also wish to receive the m -Complete Items 3, 4a, and 4b. following services (for an m -Print your name and address on the reverse of this form so that we can return this extra fee): • card to you. . y' • •Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address Y permit.Z • Write'Refum Receipt Re uested' on the mail iece below the edicts number, e1 •The Return Receipt will show to whom the article was delivered and the date 2. ❑Restricted Delivery to c delivered. Consult postmaster for fee. E d 3. Article Addressed to: C 4a. Article Number Ix r7 C, EMrs . �eS: ✓ti•� SOY-\ SAP 4b. Service3T p O `I I �i 3 1 8 - h 8 d S ❑Registered Certified m ' - fit ❑ Express Mall - ❑ Insured ❑ RetumReceiptfor COD S. °• 0 Merchandise ❑ a 7. Date of Delivery o 0 a ".8 ived By: (Print N 8. Addressee's Address (Only if requested and fee Is paid) RECE(VFn r g ign-ture:(AddresseeorAge ) a° X. PS Form 3811, December 1994 Domestic RetW43eceiFt i m SENDER: v •Complete items 1 and/or 2 for additional services. (1 _ Lt U3 I also wish to receive the �++ •Complete items 3, 4a, and 4b. 7 7 following services (for an • Print your name and address on the reverse of this form so that we can return this card to you. extra fee): i NAttach this torn to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address ,v " m pemit. r •Write'Refum Receipt Requesfed'on the marlpiece below the article number. �. 2.❑ Restricted Delivery y .. « •The Return Receipt will show to whom the article was delivered and the data delivered. Consult postmaster for fee. ti 3. Article Addressed to: 4a. Article Number d' d . z /0/ /9g 7 73 c, E p /� - /' St% PL)zo(1 k 4b. Service Type - $ `�r--' -3 L&&)C ElRegistered Certified ¢; 01 ❑ Express Mail ❑ Insured m - ¢ vi r5t tit Qv IJ•2 ❑ Return Receipt for Merchandise ❑ COD j Z �3� b,Z- 7. Date of )silvery c F6 0. 0 ru T. 5. Received By: (Print Name) 8. Addressee's Address (Only ltrequested Cs S52 and fee is paloREC;7 m'. i` o 6. Signs re: (A� ssee or Agent) X, - MAR 2 p 1996 PS Form 811, December 1994 Domestic Return Receipt .. ... m SENDER: - _ - na •Complete items t ardor 2 for additional eeMcea. 9s =03 Ll / I also wish to receive the .. _ . - .. w ... _ •Complete items 3, 4a, and 4b. •Print your name and address an the reverse of this form so that we can return this following services (for an ' extra fee): . • '" - card to you. &Attach this an to the from of the mailpiem. or on the back if space does not 1. ❑ Addressee's Address - « pemut whomth 2 2•❑Restricted Delivery y _ •The Returnpeec wRll articlewasldelieredandthedate C delivered. Consult postmaster for fee. m m 3. Article Addressed to: 4a. Article Number ry 330 ink a$S °` - - E 4b. Service Type roi a` PD bOY !l �o �) ❑Registered Certified m ❑Express - _ m Mail ❑Insured IC ' 1 H-11 S N L r ❑ Return Receipt for Merchandise ElCOD a a r)07 L/ 1? 7. Date of Delivery - 5. ece2ved By: (Print N e) 8. Addressee's Address (Only if requested .: _ ... w g ��• 6. Signs re: ddressee ent) S and f e is paid) Of p� 1 3 lr .. X MAT, 2 1Q04 Ps Form 3811, December 1994 Domestic Retum'Receipt -------- .. - SENDER: Q s )3L.I ? •Complete items 1 andor 2 for additional services. I also wish to receive the w •Complete items 3, 4a, and 4b. following services (for an - - m •Prim your name and address on the reverse of this form so that we can return this card to you. extra fee): 4i 'Attach this form to the from of the mailpiece, or on the bark if space does not 1. [1 Addressee's Address 2 &Wdte'Refum Receipt Reuested'an the malliplece below the article number. m 2. El Delivery y _ « •The Return Receipt II show to whom the article was delivered and the data delivered. Consult postmaster for fee. L• o 3. Article Addressed to: u w 4a. Article NumberCc `J�4 31l Ea -OLah OT �r 1 ( I-K-k�k 1 �T` I Is 2- 330 E 4b. Service Type a ' N pvx ►`l I g ❑Registered JKL Certified Lu ❑Express Mail ❑Insured 5 I A I c K� 11 1�2 Vk 1 1rr S / V C ❑ RetumReceiptfor Merchandise ❑ COD o a a ,? ,� L/O O 7. Date.ot Delis o 5 z 5. a ived By: Print Name) 8. Addressee's Address (Only it requested F E5 and fee is pad)r=- V n ture:(Addressee or Agent) C' Mdc Ps Form 3811. December 1994 V DomTsd Retfuh Receiot RECEIVED Z 330 774 311 Receipt for CIS-03`i Certified Mail No Insurance Coverage Provided Do not use for International Mail I:< (See Reversal rmw) of Kill Oc-,I; I I Ells Street and No P 0 . S ale dntl ZIP Code Postage Cenilied Fee Special Delivery Fee Restricted Delwcry Fee Relprn Receipt Showing In Whom & Date Delivered I III in Receipt SI Whom, Date, and A ssee's Add, TOTAL & Fees L Poslm t>;t Dale n s Z 101 199 773 Receipt for Certified Mail 9s-DS4' No Insurance Coverage Provided : Do not use for International Mail �lrKso-cr(See Reverse) s Cclot h A-. G-e ll-a Steel and No. ti`i 3 pCitUl Tcayqot.s Lo,vIL P 0. Slate and ZIP Code 3 N (o Postage $ O I Certified Fee l Special Delivery Fee Reslnrted Delivery Fee Omi Return Receipt Showing ID to Whom & Oat. Delivered L Return Receipts wing to who.. Date. and psaT)s ass TOTAL \<(J+ $ 3Z111 O &Fe fir i/-:. O to r Dale'r/ Po7,7 to1,? +' o a r �i7a O a m L Us Us 0 0 to O E 0 !n a Z 330 774 284 Receipt for ^)S-o3`/ Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reversal " sera 1 v..r� CvLlln'% steel .nel N.• r SI I•• anA ZIP fude b loop IC d7�s Postage. $ lot 111.E-d I .... I,i� '0vaal Uuhvery Ire . IL.51u. lrn Il.ahcrr Ire + l Sl+na.ng rl 1irdm a Wl.nz. m ft li Data IT•I.vrrcd � V I10W/u eru:rlll Sh1zm1q 1n Whom. Dale. wort Mldm:c•ds Adam,,, TOTAL Pgvla, $ �a ti err-. Z 330 774 309 Receipt for qS-o3`1 Certified Mail aOf No Insurance Coverage Provided = ep,lee s Do not use for International Mail (See Reverse) r(m� In << 1 �" S..,�LW JI✓n 5ut'1 Sy1Llr Slr • I and No r 0., SLIII• and ZIP Coil. C- �1v Postage $ (01 Certified F., V Sppcial Delivery Fee Rnsteh•d Dilrvery Fee Return Rcceipl Showing to Whoin & Date Delivered Retem Receipt SI a Whom.. Date• and A rsta\f;I(I TOTAL P C $ Isstm tk o Date 13 ) o, m m L N O 0 O W E U to 0- MAR 1 5 1996 Z 330 774 285 Receipt for 95 -03L1 Certified Mail No Insurance Coverage Provided rose"siner Do not use for International Mail (See Reversal S to O FVCAJDn I&eaC,�T C'1C.r—, Street and No. S to and ZIP Code Vd 1fog NC R`19L!Q Postage Certified Fee I.1 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Dale Delivered Return Receipt Showing to Whom, Data, and Addr - • Address TOTAL stage rfr dS $ Z & Fen 1 Po' rt11y - or Datr1 �j c C J+.��" 11A30�`�� Z 330 774 310' �JS-O3`i Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) mserd to r m M, L S14e1 ande„INo. l� I to s P.O., Stalola'ZlP Code OPostage co t' E Certified Fee li Special Delivery Fee tD 0- a—tnrled Delivery Foe F Rmum Receipt Showing { \ O to Whom & Date Delivered I'I Return Receipt Shmonn . Whom, Date, and Addle s Add,, TOTAL Post a a 32 & Fees P Postmark otco le -T TENDER: q �j •Complete items 1 and/or 2 for additional services. / S-03 I also wish to receive the following services (for an ' i •Complete items 3, 4a, and 4b. •Print your name and address on the reverse of this forth so that we can return this extra fee): card to you. •Atach this form to the front of the mailpiece, or an the back if space does not 1. ❑Addressee's Address �! • Wn e'Relum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery f%1 .The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. « a, delivered. PS Form to: 000 o�-7�ISZl or December 1994 4a. Article Number Z 330 '7 `X/ a S L! o 1 E 4b. Service Type m I ❑ Registered ff Certified cl 131 ❑ Express Mail ❑ Insured _ Cal ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 01 0 T B. Addressee's Address (Onlyff requested and fee Is paid) a 1 nnmpstic Rphim Receint i I m SENDER: [ 3L c •complete items l andror2 for additional services. 9I I also wish to receive the following services (for an ; m •Complete items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can return this m extra fee): `m card to you •Attach this form to the front of the mailpiera, or on the back if space does not 1. ❑ Addressee's Address u; ZI a .o. permit. •Wdle'Retum Receipt Requested'on the mailpiece below the article number. 2. El Restricted Delivery m p a y, m Rem Receipt will show to whom the article was delivered and the date The Consult postmaster for fee. q, W h 3 0 � 3. Article Address. m o -owh CX p g s. signal i X m PS Form f*x V.<II QP—V�1 1+1IS I `l l g iJev I►+; I I S N C_ a?g ti8 r December 1994 4a. Article Number Z 330 �`7y 3/l cc W C. Q 4b. Service Type '' m i ❑ Registered El Certified c... ❑ Express Mail ❑ Insured S, w ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery F T B. Addressee's Address (Only if requested � and fee is paid) L r—, TENDER: p 5_ D3C1 I also wish to receive the •Complete items 1 andfor 2 foradditional services. / following services (for an I •Complete items 3, 4a, and 4b. .print your name and address on the reverse of this form so thal we can retum this extra fee): m! card to you. .Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addresseeo 's Address Y permit. o • Wdte'Aelum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery y •The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. a' delivered. M: Ijr, 355`7 14erfoer4- Pe�r7 4a. Article Number z 330 `7`1H 3/0 m E! 4b. Service Type :n ; ❑ Registered Ed Certified c ❑ Express Mail ❑ Insured ❑ Retum Recelpl for Merchandise ❑ COD 7. Date of Delivery o� T: B. Addressee's Address (Only if requested m and fee Is paid) F . or V �Cmp-'p: n:im em 1 wax ZI-03-7 •cmpY•nmva...Ydx6 roDoxvq mMwe(lor en - •cY.dY•�.a.4wm e.�ywpunN..Ye mm.YmeY�•.w.alw. emmmYwm.m�.... mreleel: d� � •PmeyN•viYYA �m.emm.mm..mm.1m•mwwm.rmY •MYNtli•Mn10 VY nonam. m.opY:,amuY evan.P.uaoem -r' •MW�eeb Me�mlM1 wvay.mYgwamuYmemu ewm 1. ❑ Arkresme's Addrew i � ` •Wr�11•'Aa1Wn �YMNn.xwim•mwnWmwwP.w Nbr•nmv. 2❑ResNcbd DWvery _. �! Y P•mY •wm••PmmflwNPYw<maYmupa e+o. s..ma•MCY' 'i C•1N Pi"n PYc'NMxYv.w•Ivn P•YYtl••e•WWtlmm N•Etl• blMs]. CMLL[PaS0110510r IDr100. s: •ll•PY"n PYYN•'Y�m•1Yn P•Wn.•ueWYM WT•NY � m6.Y.m .•• k' e 3.ANtle Ad6rewed la .a ANde NUMer -7� a8 �� y 1ANdo AOEietsaE la Y Ai ANtln NUM z z 330 M.5e TO E, �i r� I FlrlIs E-rOWh OF Tm 44. SeMre Type I�Ki/4 �-tM'1 ry/ ❑Registered vfCe26eE U' e:, °u :'°RepWsretl po e oy 1-71 `1 ' " ° EV.. Meg ❑ 1' ° ExPr M�+zo NL a�,sLr ° Me RewglfN6eN4Mw °DOD a. K,1i r�V.i I+;11s Ne- ° R R-" ,Da Det L.p T. Dele m DMwry a•)o1 10 e. AetlreAtltlress (ONyJrequwted elM leek Pawl 5. Ned BY PMfNen>91 F�$(,� i 6. RewNefi BY (Pdnl Namel ' B. mecl BwksendkebpeM1 Co S 6. me: (Atldressee aag0.]r1 . g 6. Sf,.W.:(A� wA9•nf/ d o SENDER: Nmya.mw.xeYrMenmmmmmv eYs1,4eNeme. wpO -5v•^Y .••.•3N N9 wlor'd o Sl mmP i(LPly.`mYnYMA'{Y•..YBYN:d'YmYIcdmY^I�IN• .A1eP1mmrIm su7MYb e-0) : re. w :••••aENDER: r'iLw .Ne6Yiu.1•e]1i•lo�Is.^miY .w •.Nm'mmIN•Y•mmemiedwYlY•••YY•m•Y.NnmYfwcblO•m.si N. mw•+msaer•wo•m•JNNYdmse •w..Yme.a�a.oew.Wmwmh.krwm4•ur ma•YtmY"e.n P OR.WW De PI64".Y'e•l3wmWamemm/m ] n'6 •YpNe1d.•a ]W=es]eBeWrh aAN/dep5-p3rwrM Drn21 lPle9mm B W ds4m'eN,m.eN•Y'EiN-M pGELF pTknYMm•e6qqiMene�NY�Ma•�qqY� •to2ImPu0b EmaY6 6 IYm^mem•�m. z30❑1!M. 30e `?7 E Mae.Mo ;Y^Y�mn ° Reekmred DeNned c �LJN J Q NKrS / rwYir4�oxl+m:x.l 1-IaWL1NL ap Ins.ea ° °Ev.. M °RemnRewlWmrNe.amPsm0MD n �D )SOY IA,', a79v9 ,.Dat.NDau J — kin 1JCVil f ils, AIL e' a�5va 6. Remlved By. (PMIN.mI B.Atl w me'sA r m(Unlyilrequ=w end leebpeb) 6. WBY•(PMrNe,�hm,11,�rJ^ 6. SIg Wre:(AENPsm/e aA") ii l'polls�V. � 6. SIBre 1 l� i a6 - DomeSDD ReIum Receipt ,g X a PSF.m3811,DYmmeerIM - � PS Form 3811, Dx.Mer 1>5a $ SENDER: Imm Wah to receive tlwa e corye.nmul.wYxmr.eLmr.Y.b.. qs-o34 lagaxiip mrvkee(Man u SENDER: - •co.pm•w•.anwa lelel '� �.Y.eammr.m...c1oW..mmewwunrY.nu+. amerwp i ':r.��w'd°'�i.i'""•..'+axm'°"'°�'�w"" 95•o3y - rau. .Is.maasnvmwu.na+au.mwpsYmv.lwauw4aw.m 1.0ACtlresme']AENes9 g .Pmr"+.mn Ymsm.•meY mvmWvbmnwwonirunn• 4yte mamlw. ,1.1 ` .WM'ptlm,q.Np RYuc.em0. mddam6M•oYY1W^YL•c 2f7 Restrkted Delivery I y]Ympy ymmm.nmmu. �td,o,vm6W b16gYa6ewM _. 5Y •Tb PYYn Pv�gwm•f 1e•Innm•YB]. w..WwMYm Y•eY• I is w�mm� �,•g. ColUmrlrshoa.lerlwlae. I •Wm•'PMNn RYYNPmYY.fmOYnYxnmanYn.YYYNrvror. -2 lNtltla Md-re{x�ae0 to: �• I de. A'Ntle Nwrder �1 G C •�� PdpN W1••lan P•Ntl•wC•cw•EYtlNm• .`• DOm uM(S, Je , •�: ^`�sOr� 5PI rp <e.5 ry y3pe(� c1 1 30 1 i a 9.ANde AEdressetl ta: de.Z P.._'M0 w / yif camam� °O. RsSegNpx❑ RKM.d ❑hf, (ci50. e ryve . fFhoSK:t , NL a O °M. R.aulaue'imedr. ° wD I L/NS3 �e l J % �S i.ow °Fvmo Flag T. Date of Delivery �f} °Poevn Herebtb 1 1/rrcj�n�e�. l3ecEcl�, 3�/ba-"��. uazeaf oauwry I WBy.(PMIN 6. AtlErasseae Afi6rew (ONyif regeesledl a r: N� eMkekpaM/ 6Rewived BY (PMI NemeJ AAdNweea'e AO IgraWU: (Addassee wA9 � endfeebpakQ R g s.s,muWre:p wageMl{ i it it ii i!i I� dill PSFarm3811,DPw rls6a Domestic Realm R.,P', g.'r I PS Foriwaoll, Dewmeer 19 ..RDDy 4 M� Mayor F. DUNCAN WRIGHT Mavor Pro Tern E. M. "COY" HARBESON Commissioners JAMES D. HANKS JEFFREY D.SHIELDS WILLIAM R. MORRIS. JR. The Town of KILL DEVIL HILLS NORTH CAROLINA March 11, 1996 Mr. Chuck Smith Director of Public Works Town of Kill Devil Hills P. 0. Box 1719 Kill Devil Hills,.NC 27948 Re: Opinion of Title — Bay Drive as the same is shown in the Subdivision of Avalon Beach Dear Mr. Smith: Town Manager DEBORA P. DIAZ Town Attorney WALLACE H. McCOWN Town Clerk MARY E. QUIDLEY, CMC/AAE RECEIVED MAR 1 A 1996 Bay Drive, as the same is shown in the subdivision of Avalon Beach, is a 40—foot wide street which was dedicated by the recordation of the plat of Avalon Beach, filed in Map Book 1, Pages 106 and 107 of the Dare County Public Registry. The plat was recorded in 1950, prior to the incorporation of the Town. Numerous lots were sold by reference to said plat, thereby dedicating it to the governing body in which the real estate was located. The right of way reduces to 25 feet at the North end. In 1953 the Town was incorporated and adopted a resolution of acceptance of all recorded streets situated within the territorial boundaries of Kill Devil Hills, which included Bay Drive. Thereafter, and in particular, on the.2nd day of September, 1965, the Town of Kill Devil Hills adopted further resolutions of acceptance of streets shown on subdivision plats located with the Town of Kill Devil Hills, in particular Bay Drive. Bay Drive has been legally accepted and has been maintained by the Town of Kill Devil Hills for more than 20 years since the acceptance of said dedication. It is the opinion of the undersigned attorney that the streets have been properly dedicated and accepted by the Town of Kill Devil Hills and the Town of Kill Devil Hills holds title thereto as a dedicated street. This llth day of March, 1996. Respectfully submitted, 102 Town Hall Drive • P. O. Drawer 1719 • Kill Devil Hills, NC 27948 • (919) 4804000 Mayor F. DUNCAN WRIGHT Mayor Pro Tern E. M. "COY" HARBESON Commissioners JAMES D. HANKS JEFFREY D.SHIELDS WILLIAM R. MORRIS, JR. The Town of KILL DEVIL HILLS NORTH CAROLINA March 11, 1996 Mr. James L. Overton, Sr. Albemarle Engineering 2503 N. Croatan Highway Kill Devil Hills, NC 27948 Re: Kill Devil Hills Rights of Way and Property Dear Mr. Overton: Town Manager DEBORA P. DIAZ Town Attorney WALLACE H. McCOWN Town Clerk MARY E. QUIDLEY, CMGAAE In response to your inquiry of March 8, 1996, I am enclosing an opinion of title with respect to Bay Drive as it passes through the subdivision known as Avalon Beach. I have asked Mary Quidley, the Town Clerk, to furnish you copies of the deeds the Town has received for the lots in Virginia Dare Shores and the three lots in Avalon Beach, where the Town actually holds deeded title to the property. The Town acquired title to the Avalon Beach lots so as to overcome the difficulty where the right of way reduces its width as it joins the subdivision of Virginia Dare Shores. The Town acquired an easement from Virginia Dare Shores' southernmost lot, which was owned by Dare County, so that the right of way and road construction could proceed where it was necessary to make adjust- ments as a result of potential 404 lands. If we can be of further assistance in connection with this matter, please advise. Very truly yours, Walface H. McCown Town Attorney WHM:tjf Enclosure 102 Town Hall Drive • P. O. Drawer 1719 • Kill Devil Hills, NC 27948 • (919) 4804000 : 5Klo0a 09t1 DARE COUNTY 09-13-95 F iL=7 253 $io.0 5 S�' 13 F 4 26 STATE OF IRp HNA Real Estate R�",i "EDS y� J-- A 11 ;`� Excise Tax DAPIE j -.; Space above this line for..recording information — Prepared by: Joseph T. Lamb, III, Attorney at Law Return to: McCown & McCown, P. A. Attorneys at Law P 0 BOX 729, Manteo, NC 27954 Tax Parcel: 1668 Excise Tax: $10.00 Transfer Tax: $50.00 LT Number: 4157-95 State of North Carolina County of Dare THIS GENERAL WARRANTY DEED made this Sth day of September, 1995, by and between Harvey P. King, widower (hereinafter referred to as "Grantor"), and the Town of Kill Devil Hills, a municipal corporation of the state of North Carolina, whose mailing address is Post Office Box 1719, Kill Devil Hills, North Carolina 27948 (hereinafter referred to as "Grantee"): W I T N E S S E T H: That the said Grantor, for and in consideration of sum of TEN and no/hundreds DOLLARS ($10.00) and other good and valuable considerations the receipt of which is hereby acknowledged, has given, granted, bargained, sold and conveyed, and by these presents does hereby give, grant, bargain, sell, and convey unto said Grantee, Grantee's heirs, successors, administrators and assigns, all of that certain piece, parcel, or tract of land situate, lying and being in the Town of Kill Devil Hills, Atlantic Township, Dare County, State of North Carolina, and being more particularly described as follows: Lot No. Three Hundred Fifteen (315), as shown on Map or Plat Avalon Beach made by T. R. Pettit, Registered North Carolina Engineer, dated the 30 day of June, 1950, which said Map or Plat is duly of record in the Officer of the Register of Deeds of Dare County, North Carolina, in Map Book 1, at page 107. Together with easements in, to, on and over all roads and community beaches on the !]KI U U 0 r,� U 1 i C Atlantic Ocean designated on th said privileges property owners thereto. and Kitty Hawk Bay as aforesaid Map or Plat, which shall be in common with other of Avalon Beach and annexes Being the same property conveyed to Harvey P. King and wife, Nell H. King by deed dated June 21, 1952, and recorded in Book 42, Page 503, Dare County Registry. Said Harvey P. King being the surviving tenant by the entirety. TO HAVE AND TO HOLD the above described lands and premises, together with all appurtenances thereunto belonging, or in anywise appertaining, unto the Grantee, Grantee's heirs, successors, administrators, and assigns forever. AND THE SAID GRANTORS DO COVENANT to and with said Grantee, Grantee's heirs, successors, administrators, and assigns, that Grantors are lawfully seized in fee simple of said lands and premises, and have full right and power to convey the same to the Grantee in fee simple, and that said lands and premises are free from any and all encumbrances, except as set forth herein, and that the Grantors will warrant and defend the title against the lawful claims of all persons whomsoever, with the exception of the following: 1. Ad valorem taxes for the year 1995 and subsequent years. 2. Restrictions of record. 3. Easements of record. 4. Any local, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. IN WITNESS WHEREOF, the Grantor has duly executed and sealed this document this the day and year first written. GRANTOR: (SEAL) HARVEY P.GfING, WIDO 3Kj008Pr04`f3 STATE OF r COUNTY/CITY OF, I, vv J ✓ a Notary Public, of the county/city o S v / and State aforesaid, certify that HARVEEY . KING, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing hand and official stamp or seal, thisgt�day 1995. My commission expires North Carolina Dare County Theforegoin�q certific4te This the LJ day of 1995. By: Deputy/Assistant Register of Deeds . State of North Carolina IT Department of Environment, WA Health and Natural Resources • Division of Coastal Management 0A James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director April 2, 1996 Mr. George Wood Environmental Professionals, Inc. P. O. Box 3368 Kill Devil Hills, NC 27948 Dear Mr. Wood: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your client's property located at the unpaved portion of Bay Drive, Kill Devil Hills, Dare County, adjacent Kitty Hawk Bay. It was received on March 29, 1996, and appears to uate for processing at this time. The projected deadline for making a decisft is 4996. An additional 75-day review period is provided by law when such time iscessary 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, Elhabeth City, North Carollna 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AfOrmatWe Action Employer 50%recycled/ 10%post-consumer paper April 2, 1996 Page N2 questions and notify` me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, . Edward Harrell Field Representative I MEH/dc Enclosure cc: John Parker Richard L. Watts 11867Poo800 The property hereinabove described was acquired by Grantor by instrument recorded in ..Book„535,t,,,Page„656r......,,,,,„ .............................Pub.lic,.RegisltrY....of Dare CouiitY..r...Nort}i„Carolina.................................................................................... A map showing the above described property is recorded in Plat Book.........I......................... page...... 1.07............ 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 covellents with the Grantee, that Grantor is seized of the promises ill fee simple, has the right to convey the same in fee simple, that title is marketable :tied free (Ind clear of all encumbrances, and that Grantor will warrant and defend the title al;aiost the lawful clainw of an persons whrmsoever except fo • the exceptions herdinafLer Anted. Title to the property hereinabove describe([ is subject to the following exceptions: IN WITNESS WHEREOF. the Grantor has hereunto set his hand steel seal, or corPe to, s c. cd Instrument to be signed In Its corporate name by Its duly mILllorizetl officers anJ Its seal to be herewLLo Affixed by ulllor o d nIreet he day and ear first above well(.,. ---------------------------------------------- _________________ -_________________________________-_________________(SEAL) (Corporate Name) ,�-� Richard P. Baer, III O ny____________________________________________________________ ----------------------- (SEAL) _ __________________President �' Priscilla E. Small 1/ ATTEST: Q n a -- -- i;___________Secretary (Corporate Sean N 1 0., �: �•'•�,5TA1{1R� •�l '-� ,,,, .. NORTH CAROLINA, ___________________ _________________________________________________________(SEAL) _____________________________________•_______________________(SEAL) ��; I Ali1 I, a Notary Public of Elie County and state aforesaid, Certify that - Richard P. Baer III and 1 ---------- --- wife,_ Priscilla _--.-Small------------------------------------------------------------ Grantor, C. C> tiersonnlly appeared before u,e this doy mud nrknnwledged the execution of the foregoing Instrument. Witness my ti•• "•...a •"•�t ^`',:: ;j hand Ante official stamp or sent, this j__ ice__ day of ___J: i119-90. rya t111•-i "tea„nianlf.. l �?fst.�L��_)- eggs'---1�'ti^'H-' ,s' ' �iCly ceuunlsslon expires: 1?_!0 ._.�!W^y ____ Notary Public SEAL-STAAIP NORTH CAROLINA- __________________________________County 1, a Notary Public of the County and State aforesaid, certify that ------- _------------ ___......... _... ______ a Personally came before me this day and acknowledged that ____ Ile Is ------------- __------------ Secretary of M X•----------------------------------------------------- a North Carolina Corporation, and that by authority duly 8 W Riven null as the act of tine corpomtimn, elm foregoing Instrument was signed In Its [mow by Its N a President, sealed with Its corporate seal and Attested by _ is Its _ _ $Core tnry, Wityless mY hand and official stamp or sent, this _______flay of ___________________________ 19......... MY connmisslon expires: _______________________________________________________________________ Notary Public The foregoing Cerunrnle(a> at _ I(arcn (,. 6ray, a Notary Public Of Dare (.Dual North Carolina, ______x,_________________ _ ____________________ ___________________________________________________________________y __F______________________ R -hoe held ,list are Certified to UC correct. Tills lustnm note Llds certificate are dui registered at the AALe nuA lime ante In lha Book alU. Page shown on the flea[ nARe hereof., ________ --�/�---- ~- - f�-------- --- It1iU197'RR OF IIRF.IIe FOIt______________ (('��\�(� [� � � y-� � _______ __________COUNTY .nW1./F11tRl1slnllt•IICg IRLCr Of IICCUa N. C. liar Assac, form No. ,i @ 1976. Revised(?) r,unm by nm^Vn^m.uh Ilm r. c, n^, A,.,. - 1981 (� 1 � -�► o'I - q $-1 4 � U K - eK867PG0799 .,., ,. i:;•l,il;n i IN4'IL• C(IMI:I'l 1,1t CG(.14t ta.D. Exclse Tax $0.00 FILED '93 JUN 11 PM 9 16 DORRIS A, FRY REGISTER OF DEEDS DARE COUNTY, N.C. Recording Time, Book and Page TaxLot No........................................................................................... Parcel Identifier No........................................................................... Verifiedby........................................................................ CounLy on the ................ day of ......................................................... 19............ by.................................................................................................................................................................................:............................................ Mail after recording to ..McCown..&. Mc.Cown....... Att,orneys...aL Law........................................................................ I........................ ......................................................................................................................................................... Thisinstrument was prepared by ........ W.,...It,... Mp.GCINu................................................................................................................................. Brief description for the Index Lot 316Avalon Beach Subdivision NORTH CAROT.INA CI NI I:AL WARRANTY DEED OF GIFT THIS DEED made this 390 day of .............. April ...... ............................. I 19..9.3...... by and between GRANTOR RICHARD P. BAER, III and wife, PRISCILLA E. SMALL Post Office Box 426 Kill Devil lulls, North Carolina 27948 GRANTEE TOWN OF KILL DEVIL HILLS Post Office Box 1719 Kill Devil Hills, North Carolina 27948 Enter In appropriate block for each party: name, address, and, if appropriate, chiseler of empty, e.q. corporation or partnership. The'designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, ❑ulsculiuc, fentil ion•Ilter es required by context. as a deede, or of glC WITNESSETII, that Lite Grantor, fiYxMxLeacl:pMH}i9ctettn,�dattaol.K,[xt{.SLRll,tiyxK)LPL7�li4nll8 xlAYItN XdijSKtFiIxXJf�f%gllxa5xli8ii,�FPy xedatxtgvdnrdgmtDF ..has and by these presents does gran L, bargain, sell and convey unto Lite Grantee in fee simple, all that certain lot or parcel of land siLua tCd in Lite KJ% ..Town...o.f., Kil, ..p,evil... U.11,§ ........,,,,Atlantic,,,,,,,,,,,,,,,, Township, ..............Dare............................. County, North Carolina and more particularly described as follows: All that certain lot or parcel of land being designated and numbered as Lot 316,.Avalon Beach Subdivision as shown and delineated on that certain map or plat thereof by T. R. Pettit, Registered Engineer, dated June 20, 1950, and recorded in Map Book 1, Page 107 of the Dare County Registry. Together with all improvements thereon and together with all easements in, on, over and to all roads and common beaches on the Atlantic Ocean and Kitty Hawk Bay, which said privileges shall.be in common with the other property owners of Avalon Beach and annexes thereto. Being the exact same laird conveyed to Richard P. Baer, III by deed of Jasper L. Adams et als, dated September 30, 1987 and recorded in Book 535, Page 656, Public Registry of Dare County, North Carolina; Priscilla E. Small joints in the execution of this deed for the purpose of releasing her marital interest in the property herein conveyed. N. C. 1hr A,n„c. Fnru, N.,. 3 () 1976. Itcviml @) 1977-,.-.,wnu.m, n cn. i,m.. no. nr. yN1WW14, N.C. 21045 PI W M L, nw.m,a nW„ne N. C. o., ntae. - I... EXEMPT OAIIE COUNTY TAX CULLECTUB rill.=9b r C Excise Tax 0.00 n r: n �;U f�011 1l3 I'ffl 4 25 Recording Time, Book and Page TaxLot No........................................................................................... Parcel Identifier No........................................................................... Verifiedby....................................................................... County on the ................ day of ................................ :........................ 19............ by.............................................................................................................................................................................................................................. Mail after recording to .......McCgwN... „McCOWN,., Attorneys„ at J,, Av..., ........................................................................................... .................................................................................................................................................................................................................................... This instrument waSr prepared by..................................Wain1,ale,.FI,,,MGCown,,,W...................... Brief description for the Index Lot 314, Avalon Beach .NORTH C_AROLINA GENERAL RAL WARRANTY DEED OF GIFT TIIIS DEED/made this .... NO... day of ................. o.Y.e.mbe.T........................... 19.9.Q....... by and between GRANTOR DOROTHY A. CASTLEBERRY and husband, NOBEL R. CASTLEBERRY GRANTEE THE TOWN OF KILL DEVIL HILLS, A municipal body organized under the Laws of the State of North Carolina Post Office Box 1719 Kill Devil Hills, NC 27948 Enter In appropriate block for each party: name, address, and, If appropriate, character of entity, e.q, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and' shall include singular, plural, masculine, feminine or neuter its required by context. as a Deed of Gift WITNESSETII, that the Grantor, fF,YxBx#sVHii14t6X8R8GM8PGtlYiifY�j,y�xlyytt�tKgxgltayg7c�gxx,tLCT gfcxyltplhxgeYy}ieyt dFfitN73W*ftXd, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of hand situated in the Zibyxod ...T.RwB... Of ... ill..Dey,i,l„li-11-ri...................... At.],antig-....... Township, .......Dare .................... County, North Carolina and more particularly described as follows: Being Lot No. 314, as shown on Map or Plat of Avalon Beach, made by T. R. Pettit, Registered North Carolina Engineer, dated the 26th day of June, 1950, which said Map or Plat is duly of record in the Office of the Register of Deeds of Dare County, North Carolina, in Map Book 1, Page 107. Together with easements in, to, on and over all roads and community beaches on the Atlantic Ocean and Kitty hawk Bay as designated on the aforesaid Map or Plat, and annexes thereto, which said privileges shall be in common with other property owners of Avalon Beach and annexes thereto. It being the same lot or parcel of land which was conveyed to Harrison A. Redd and Mary V. Redd by deed dated May 25, 1951, and duly of record in the Office of the Register of Deeds'in Dare County, North Carolina, at Deed Boole 39, Page 247. 1. Also being the same parcel of land conveyed to Dorothy A. Burton and Carlisle J. Burton by deed dated September 17, 1956, and recorded in Book 70, at Page 253, Dare County Public Registry; Carlisle J. Burton, husband of Dorothy A. Burton, died intestate in 1968 survived by no issue. Dorothy A. Burton subsequently remarried Nobel R. Castleberry. "XIO201,(;031_tl IC) �{ LL Land 7ransfet No..,lgQ' Land Transfer 'rax u]T— Excise Tax rlLrD fl,l li l': C it l.h i i', FL C. Recording Time, Book and Page TaxLot No........................................................................................... Parcel Identifier No.................................................... Verifiedby........................................................................ County on the ................ day of ........................................ by........................................................................................................................................................................................... ...1 19............ Mail after recording to Wallace H. McCown, Attorney at Law .......................................:...........................................................................................................................................: P. O. Box 729, Manteo, NC 27954 ............................................................................................................................................................................................................................ This instrument was prepared by .....Daniel D. I<..... y A,ttol;ney,,,at.„Law,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„.„(.F:.1.24.95...5.) ..... ......... Brief description for the Index Lots in Virginia Date Shores NORTH CAROLINA GEN.13RAL WARRANTY DEED h Nel'.................... 19...95...., by annsl between THIS llEEI) made this .......20t......... day of .....................oveinb....... GRANTOR GRANTEE MILDRED FOREMAN, Widow of W.C. Foreman TOWN OF KILL DEVIL HILLS P.O. Box 1719 Kill Devil Hills, NG 27948 Enter In appropriate block for each party; name, address, and, If appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and i shalt include singular, plural, masculine, feminine or neuter as required by context. WITNESSETII, 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 unto the Grantee in fee simple, all that town hill Devil Hills Atlantic certain lot or parcel of land situated in the (Noy of............................................................................................................ Township, Dare •.......••... •• ••• County, North Carolina and more particularly described as follows: Being Lots No. 14 through 18, block 87, inclusive and Lots No. 1 through 4, Block 85, inclusive; all located in the Subdivision known as Virginia Dare Shores, as shown on snap or plat of said subdivision recorded in Map Book 2, Page 131, Dare County Public Registry, reference to which is hereby niade)for a more particular description of the property herein conveyed. N. C. Ila, Assoc. Form No. 7 © 1976. Revised © 1977—j.m..wmi.m. a Ca., iM., oo. 1]), rMk Pilmllb. N. C.3)065 Pined U d by Aa,m.n1 wlib 1M N. C. RN Atme. —1981 11K10201'c0 f PAR �9 VICINITY MAP N.T.S. IRS L 0 0 a W L �N"° ?48 CAROUNA AVE. (60' UNIMPROVED R/V) S202 45'00' E 75.00' ►-- -- 25.00' 25.00' 23.00. IRE in O O I In ' I I _S 20 45'00' E I o IPF I N 14 100.00' 50.00, 3 NOTES -PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE(9') (SUBJECT TO CHANCE BY F.E.M.A.) -AREA -9,375 6q.fL(DMD) -DARE CO. PINS 9875-20-80-8854(11-13) -7882(14) I, JAMES L OVERTON. SR. CERTIFY THAT UNDER SCALE MY DIRECTION AND SUPERVISION THIS PLAT WAS I'=30' DRAWN FROM AN ACTUAL FIELD LAND SURVEY. THAT E 11"161 19 SION AS CALCULATED RED. REF. IS I. EFpLAT WAS PREPARED IN A 1t TITLE 21. CHAPTER 56, E! ,qB ii MA ORIGINAL SIGNA— L TH1s DA F I DIE NO. 95-6296 CARD FILE T • + L-3339 6296A1 �("Spp •i^�OftlAS WI��yR,pEE NW TO zoo"" AND/ E.Cq`�.F�T, ^5' JO 10/ 3/95 THIS SLR IF DRAW W$0.D$ED BY�A'FUTL'ARd�ACDUYRAIETTI7lFA5EMOI.E HAD/IB/20/95 MIS PUT 15 ME PROPERTY OF ALBEMARLE ENGINEEAWG ANY UNAUMORIIFD USE OR ALTIERAMON IS PROHIBITED. OIEMED ?,) 1995 AIDEMARLE ENGWEERING JLDIO/24/95 W T IPF 4 SURVEY FOR: TOWN OF KILL DEVIL HILLS _VA gLOTT�S 1111-T114, BT[81 LIK. 81 M DEVIL HILLS ATLANTIC TWSP. DARE CO• N. CAROLINA .- . BKI020i'a0 12 The property hereinabove described was acquired by Grantor by instrument recorded in DSre County Registry. ............................................................................................................................................................. .Book ... 1.96.,...page... 4.1.2.............. A ma showing the above described property 188 P B P P y is recorded ill Plat Book..........1........................ 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 Lite 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 hereinabove described is subject to the following exceptions: Easements and restrictions of record. 1995 ad valorem taxes to Town of Kill Devil Hills and Dare County. I IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or It corporate, has caused this Instrument to be signed In Its corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first above written. /%// G�'i_46•d�__�-_� ___________________________(SEAL) (Corporate Name) NILDRED FOREMAN, Widow I O By:___________________________________________________________ % ___________________________________________(SEAL) ______President r" ATTEST: : 9' (SEAL), - eeretary (corporate Seal) rn A ). s. • ....:..... ' d'?. Dare___________________Cow%LY• NORTH CAROLINA,___________ .? :1! +• � .:.:..,� ' 1 )•'; 'I'. 1, a Notary Public of the County and state aforesaid, certify that Mildred_ Foremll]y_WOOS't________ •J, )�. r"�.• , personally appeared before Inc this tiny mul nckna%vlcUg eA Lite excenllou of the foregoing Instrument Witness my 4 1 L e � J7 q� 5 hand and official stamp or sexl, thist{Is?r__ day of__________�`15)YRIIIdbBS----------------- , 19_9___ . r 9 p Q comndsslon expires: __-"--•_I-r�--t-L �l�-- --- _�"-°-" "" y Publle SEAL -STAMP NORTH CAROLINA- ---------------------------------- County. 10 a Notary Public of the County and State aforesaid, certify that_________________________________________I at personally came before me this day and acknowledged that ____ he Is ___________________________ Secretary of � ------------------------------------------------------- a North Carolina corporation, and that by authority duly given and as the act of Lite corporation, the foregoing Instrument was signed In Its name by Its _______________ 0] President, sealed will% Its corporate seal and attested by ___________ as Its ___________________________ Secretary, 7 Witness my hand and of(Ielai stamp or seal, this __----- day of ___________________________ My commission expires_ ----------------- N otary Public Tileforegoing Certificate(s) of ----------- ___--------------------- _---------------------------------------------------------------------------- _____________ Mary__A,_ Ansell_ a_ No tary_-PuUlic_ of _ Uare__Co,-,- NC ---------------------------------------------------------- -------------------------------------------------------------------------------------------------------- Is/see certified to be correct. This Instrument and this certificate are duly registered at Lhe date and time and In the Rook and Page shown on the first page hereof. Dorris j-f -- _ �are -----V------- ___ ____________ _ __ REGISTER OF DEERS FOR___________________ ____________ COUNTY By -u-�f—-------------- M-1,Nty/Asslslant-Register of heckle N. C. liar Assoc. Form No. 7 © 1976, lieviscd !1 1977-im.10i—I A Co.. Inc.. Do% Irr, v,OYIe illn N. a nos r,ImM ev.1-noem run ev N. C. e., Mmc .. 198, 11-21-95 nn10201'c0311 DARE COUNTY 1103 $10-00 srnORTH (� OLINA I, Real Estate CAI , Excise Tax Land Transfer Not~�..d1_ Land Transfer Taxt b� Excise Tax FILED 5 00 FkY hl_CI;i. DEEDS Recording Time, Book and Page TaxLot No........................................................................................... Parcel Identifier No........................................................................... Verifiedby........................................................................ County oil Lire ................ day of ......................................................... 19............ by.............................................................................................................................................................................................................................. Mail after recording to Wallace H. McCown, Attorney at w, . Box , , C ................................................La............P.....O. ....................729..............Manteo.......N ......................27954.......................... ................................................................................................................................................................................................................................... Daniel D. Khoury, Attorney at Law (F:12495.6) Thisinstrument was prepared by............................................................................................................................................................ I........ Brief description for the Index Lots in Virginia Dare Shores NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .,20th.... day of ...............November,..,, .....................1 19.. 95...., by and between GRANTOR MILDRED FOREMAN, Widow of W.C. Foreman GRANTEE TOWN OF KILL DEVIL HILLS P.O. Box 1719 Kill Devil Hills, NC 27948 Enter in appropriate block for cacti party: name, address, and, if appropriate, character of entity, c.q, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETII, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents dgfo grant, bargain, sell And convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Gity-o[ ...Kill Devil hills Atlantic Township, ,,,,,,,,,,,,,,,,,,,,,Da.re................ . ... County, North Carolina and more particularly described :is follows: ... Lots: 11, 12, 13, 14 of Block 81, Virginia Dare Shores Subdivision, as shown on map or plat of said subdivision recorded in Map Book I., Page 188,, Dare County Public Registry, -reference to which is hereby made for a more particular description of the property herein conveyed. For a more particular description, see map or plat prepared by Albemarle Engineering, Inc. dated October 25, 1995, attached hereto. DARE TRANSFER TAX COUNT ( sh N. C. err Assoc. porn No, 3 1c) 1976, Relilcll () 1977 —Jame, WPIIly '& Co., N¢., Ilm 121, Vntlbnvllla, N, C. 21USS F,mmiby Ae,eemenl With the N. C. Mu A-. - 1981 �7j il•�i'j � :5 u!; !ir:10?5-11;UIiu3 necoriling Thne, Book and Page Tax Lot No........................................................................................... 'Parcel Identirter No. ...... 00.1.(2.7.Q.-0.0.4)............................................ Countyon the ................ clay of ......................................................... 19....... Verifiedby ........................................................................ by.............................. M,Co,n & Attorne s at L ]Bail after recording to .......�.... W..........McCown,..PA..,....................Y...............aw.......................................................... :. ...R.,.,. G.1...i).a?4...7..2,...klattC.ga.,...NG...279.54....... ...................................................... .............. :..................... :..... This iustrummiL wux prepared by ..... W...... 41.,..M&..Vwn.................................................... ............. ....................... .......... ................... ............... Brief description for the Index Lot 317 Avalon Beach NORTH CAPOLINA GENERAL WARRANTY DEED +1,111R TINEI) made this ....19th... day of ..:,........ Pe.qemb!qr............................. J.9..95...... by and between GRANTOR RUDOLPH A. GRISAKA and wife, RUTH A. GEISAKA 4453 Paul Jones Lane Virginia Beach, Virginia 23462 GRANTEE THE 'TOWN OF KILL DEVIL HILLS, a municipal corporation of the State of North Carolina Post Office Box 1719 Kill Devil Rills, North Carolina 27948 Baler In appropriate block for each party: name, address, and, If appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee its used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. • - WITNESSETII, that the Crnutur, for at valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents floes grant, bargain, sell nod cmivey unto the Grantee in fee simple,'all that certain lot or parcel of land situated in the KN�%XX...T9.wn...af„ IC,ill„I)ev„il•• Ilill „•„•,•„AtlPA q................. Township, ............. Dare ..... ..... ............ ... County, North Carolina and more particularly described its follows: Being Lot No. 'Three hundred Seventeen (317), as shown on Map or Plat of Avalon Beach made by T. R. Pettit, Registered North Carolina Engineer, dated the 30th day of June, 1950, which said Map or flat is duly of record in the office of the Register of Deeds of Dare County, North Carolina, in Map Rook 1, at Page 107. Together with easements in, to, on and over all roads and community beaches on the Atlantic Ocean and Kitty Hawk Bay as designated on the aforesaid Map or Plat, which said privileges shall be in common with other property owners of Avalon Beach and annexes thereto. Being the exact same land conveyed to the Grantors herein by deed of Robert A. Young et ux, dated October 18, 1952 and recorded in Book 44, Page 566, Public Registry of Dare County, North Carolina. DARE COUNTY 1460 9TA7E OF H CARpLINA�,,' 12-22-99' Real Estate Excise' Tax N. C. Bar Asau•. Form Nu. 3 0C 1476. Revised ©1977--,anm,wunnm s co..Im.• m. Iv. YWkiwlll., N. c.2,Us6 Rinwl by Ag,eenvn, with Mr N.C. O.r P+wc. — 1981