137-96 Martone, Joseph

Permit Clans
Permit Number
NEW
STATE OF-NORTHsCAROLINA
Department of Enviionmerit -Health & Natural Resources
Coastal R`esoiirces,Commr"ssion
uArE CIl�It
for��4� j
X Major DevelopmenCm an Area of Envrrorimental Concern
pursuant to NCGS 113
1i:NA `-. -ter`"•
% Excavation and/or filling pursuant to NCGS 113-229
authorizing development in Tare County at Kitty Hawk Bay, at and of Elijah Baum
Rd. as requested in the perminee's application dated 6/20/96, including attached work lam n _
drawing dated 7/10/96.
This permit, issued on O 3 is subject to compliance with the application (where consistent
with the permit), all applicable regul tions, 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.
Maintenance Excavation and Spoil Containment
1) The offshore channel shall be maintained at a width not to exceed twenty-five (25) feet.
2) A sediment curtain shall be installed in the canal, inshore of the Bay, and maintained so as to prevent
turbidity from reaching the Bay throughout the basin and canal excavation and during the bulkhead
and bank fill. The sediment curtain shall remain in place a minimum of 24 hours after all turbidity -
causing activity has ceased.
Excavation
3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
attached sheet for Additional
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

Joseph C. Marton
ADDITIONAL CONDITIONS
Permit #137-96
Page 2 of 4
between February 15 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
4) Excavation will not exceed 3.5 feet below the elevation of normal water level as requested.
5) Excavation will be conducted below the normal water level.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
Spoil Containment
8) All excavated material shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent
spillover of solids into any wetlands or surrounding water.
9) A water control structure shall be installed at the intake end of the effluent pipe leading from
the retention area in order to ensure maximum settlement of suspended solids.
10) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a
point at or below the normal water level (NWL) elevation contour to prevent gully erosion and
siltation.
11) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended
solids.
12) The diked disposal area will be constructed a sufficient distance from the normal water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding
waters.
13) The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity.

Joseph C. Marton
ADDITIONAL CONDMONS
Permit #137-96
Page 3 of 4
14) Appropriate erosion and sedimentation control devices, measures, or structures must be used
to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
15) A ground cover sufficient to restrain erosion must be provided within 30 working days or
completion of any phase of grading.
NOTE: The Division of Water Quality authorized this project on August 20 under General
Water Quality Certification No. 3025.
Bulkhead Construction and Backfill
16) The bulkhead will not extend waterward more than 7 feet from the normal water level at any
point along its alignment at the time of construction.
17) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the
shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty (30) days prior to the new expected start of construction.
18) The bulkhead must be constructed prior to any backfilling activities.
19) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure.
20) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles,
or other suitable materials approved by Department personnel. No excavation is permitted,
except for that which may be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the
approved alignment.
21) 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.
22) All backfill material will be obtained from a high ground source and confined behind the
permitted bulkhead.

Joseph C. Marton
ADDITIONAL CONDITIONS
Breakwater Construction
Permit #137-96
Page 4 of 4
23) To promote flushing and fish passage, a one (1) foot opening will be provided in every ten feet
of breakwater section.
24) The proposed breakwater alignment must be marked by a representative of the Division of
Coastal Management during an on -site meeting with the applicant. The alignment must be
staked within a maximum of thirty (30) days prior to the start of construction.
25) The height of the breakwater shall not exceed six inches above the normal water level.
26) The breakwater will not extend waterward more than 32 feet from the normal water level at
any point along its alignment at the time of construction.
27) The breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least
three feet above mean high water.
28) No backfill of the breakwater or any other fill of wetlands, estuarine waters, public trust areas
landward of the proposed breakwater is authorized by this permit.
29) The permittee shall maintain the breakwater in good condition and in conformance with the
terms and conditions of this permit or the remaining breakwater shall be removed within 90
days of notification from the Division of Coastal Management.

Permit Class
NEW
STof A�E OF NORTH%CAROLINA
Department nvironmegtji. alth`& Natural Resources
Coastal ikesources Commission
�tottt
_r. r
X Major Development in an Arrea &Environmental Concern
pursuant to NCGS 113A-118.."
X Excavation and/or fillingpuisuant to NCGS 113-229
JIM
Permit Number
authorizing development in bare County at Kitty Hawk Bay, at and of Flij,3h Baum
as requested in the permittee's application dated 6/20/96 including attached work plan
drawing dated 7/10/96.
This permit, issued on is subject to compliance with the application (where consistent
with the permit), all applicable regul [ions, 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.
Maintenance Excavation and Spoil Containment
1) The offshore channel shall be maintained at a width not to exceed twenty-five (25) feet.
2) A sediment curtain shall be installed in the canal, inshore of the Bay, and maintained so as to prevent
turbidity from reaching the Bay throughout the basin and canal excavation and during the bulkhead
and bank fill. The sediment curtain shall remain in place a minimum of 24 hours after all turbidity -
causing activity has ceased.
Excavation
3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
attached sheet for Additional
This permiLaction 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.
{'„ ROrerN. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Joseph C. Marione
ADDITIONAL CONDITIONS
Permit #137-96
Page 2 of 4
between February 15 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
4) Excavation will not exceed 3.5 feet below the elevation of normal water level as requested.
5) Excavation will be conducted below the normal water level.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
Spoil Containment
8) All excavated material shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent
spillover of solids into any wetlands or surrounding water.
9) A water control structure shall be installed at the intake end of the effluent pipe leading from
the retention area in order to ensure maximum settlement of suspended solids.
10) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a
point at or below the normal water level (NWL) elevation contour to prevent gully erosion and
siltation.
11) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended
solids.
12) The diked disposal area will be constructed a sufficient distance from the normal water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding
waters.
13) The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity.

Joseph C. Marton
ADDITIONAL CONDITIONS
Permit /1137-96
Page 3 of 4
14) Appropriate erosion and sedimentation control devices, measures, or structures must be used
to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
15) A ground cover sufficient to restrain erosion must be provided within 30 working days or
completion of any phase of grading.
NOTE: The Division of Water Quality authorized this project on August 20 under General
Water Quality Certification No. 3025.
Bulkhead Construction and Backfill
16) The bulkhead will not extend waterward more than 7 feet from the normal water level at any
point along its alignment at the time of construction.
17) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the
shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty (30) days prior to the new expected start of construction.
18) The bulkhead must be constructed prior to any backfilling activities.
19) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure.
20) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles,
or other suitable materials approved by Department personnel. No excavation is permitted,
except for that which may be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the
approved alignment.
21) 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.
22) All backfill material will be obtained from a high ground source and confined behind the
permitted bulkhead.

Joseph C. Marton
ADDITIONAL CONDITIONS
Breakwater Construction
Permit #137-96
Page 4 of 4
23) To promote flushing and fish passage, a one (1) foot opening will be provided in every ten feet
of breakwater section.
24) The proposed breakwater alignment must be marked by a representative of the Division of,
Coastal Management during an on -site meeting with the applicant. The alignment must, be
staked within a maximum of thirty (30) days prior to the start of construction.
25) The height of the breakwater shall not exceed six inches above the normal water level.
26) The breakwater will not extend waterward more than 32 feet from the normal water level at
any point along its alignment at the time of construction.
27) The breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least
three feet above mean high water.
28) No backfill of the breakwater or any other fill of wetlands, estuarine waters, public trust areas
landward of the proposed breakwater is authorized by this permit.
29) The permittee shall maintain the breakwater in good condition and in conformance with the
terms and conditions of this permit or the remaining breakwater shall be removed within 90
days of notification from the Division of Coastal Management.

Permit Class
NEW
STATE OF -NOR]
Department of Environmdrit .]
�; '••' ahi
Coastal Resourc(
Natural Resources
X KjW*rs :.
_ Major Developinentin an Afe-4.of-Envirorrmental Concern
pursuant to NCGS 113A- , 8.
R
Excavation and/or filling pnisriant to NCGS 113-229
Permit Number
authorizing development in bare County at Kitt; l-lawk Ray, at and of Elijah Baum
, as requested in the permittee's application dated 6/20/96 including attached work ]p an
drawing dated 7/10/96.
This permit, issued on - is subject to compliance with the application (where consistent
with the permit), all applicable regul Lions, 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.
Maintenance Excavation and Spoil Containment
1) The offshore channel shall be maintained at a width not to exceed twenty-five (25) feet.
2) A sediment curtain shall be installed in the canal, inshore of the Bay, and maintained so as to prevent
turbidity from reaching the Bay throughout the basin and canal excavation and during the bulkhead
and bank fill. The sediment curtain shall remain in place a minimum of 24 hours after all turbidity -
causing activity has ceased.
Excavation
3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
attached sheet for Additional
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.
,,g� Wer N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

rN
Joseph C. Martone
ADDITIONAL CONDITIONS
Permit #137-96
Page 2 of 4
between February 15 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
4) Excavation will not exceed 3.5 feet below the elevation of normal water level as requested.
5) Excavation will be conducted below the normal water level.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
Spoil Containment
8) All excavated material shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent
spillover of solids into any wetlands or surrounding water.
9) A water control structure shall be installed at the intake end of the effluent pipe leading from
the retention area in order to ensure maximum settlement of suspended solids.
10) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a
point at or below the normal water level (NWL) elevation contour to prevent gully erosion and
siltation.
11) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended
solids.
12) The diked disposal area will be constructed a sufficient distance from the normal water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding
waters.
13) The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity.

r
Joseph C. Marton
ADDITIONAL CONDITIONS
Permit #137-96
Page 3 of 4
14) Appropriate erosion and sedimentation control devices, measures, or structures must be used
to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
15) A ground cover sufficient to restrain erosion must be provided within 30 working days or
completion of any phase of grading.
NOTE: The Division of Water Quality authorized this project on August 20 under General
Water Quality Certification No. 3025.
Bulkhead Construction and Backfill
16) The bulkhead will not extend waterward more than 7 feet from the normal water level at any
point along its alignment at the time of construction.
17) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the
shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty (30) days prior to the new expected start of construction.
18) The bulkhead must be constructed prior to any backfrlling activities.
19) The bulkhead must be structurally tight so as to prevent seepage of backfrll materials through
the structure.
20) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles,
or other suitable materials approved by Department personnel. No excavation is permitted,
except for that which may be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the
approved alignment.
21) 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.
22) All backfrll material will be obtained from a high ground source and confined behind the
permitted bulkhead.

Joseph C. Martone
ADDITIONAL CONDITIONS
Breakwater Construction
Permit #137-96
Page 4 of 4
23) To promote flushing and fish passage, a one (1) foot opening will be provided in every ten feet
of breakwater section.
24) The proposed breakwater alignment must be marked by a representative of the Division of
Coastal Management during an on -site meeting with the applicant. The alignment must be
staked within a maximum of thirty (30) days prior to the start of construction.
25) The height of the breakwater shall not exceed six inches above the normal water level.
26) The breakwater will not extend waterward more than 32 feet from the normal water level at
any point along its alignment at the time of construction.
27) The breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least
three feet above mean high water.
28) No backfill of the breakwater or any other fill of wetlands, estuarine waters, public trust areas
landward of the proposed breakwater is authorized by this permit.
29) The permittee shall maintain the breakwater in good condition and in conformance with the
terms and conditions of this permit or the remaining breakwater shall be removed within 90
days of notification from the Division of Coastal Management.

Permit Class
Permit Number
NEW
STATE OF NORTH=CAROLINA
Department of Environment; _Health & Natural Resources
and..
Coastal Resources Commission
J
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-ll8:
vo
X Excavation and/or filling puisuant to NCGS 113-229
authorizing development in bare County at Kitt Hawk Ray, at and of Elijah Baum
, as requested in the permittee's application dated 6/20/96 including attached work Plan
drawing dated 7/10/96.
This permit, issued on Z0 3 , is subject to compliance with the application (where consistent
with the permit), all applicable r(;gul ions, 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.
Maintenance Excavation and Spoil Containment
1) The offshore channel shall be maintained at a width not to exceed twenty-five (25) feet.
2) A sediment curtain shall be installed in the canal, inshore of the Bay, and maintained so as to prevent
turbidity from reaching the Bay throughout the basin and canal excavation and during the bulkhead
and bank fill. The sediment curtain shall remain in place a minimum of 24 hours after all turbidity -
causing activity has ceased.
Excavation
3) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
attached sheet for Additional
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.
f'� Wer N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

r
Joseph C. Marton
ADDITIONAL CONDITIONS
Permit #137-96
Page 2 of 4
between February 15 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
4) Excavation will not exceed 3.5 feet below the elevation of normal water level as requested.
5) Excavation will be conducted below the normal water level.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
7) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
Spoil Containment
8) All excavated material shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent
spillover of solids into any wetlands or surrounding water.
9) A water control structure shall be installed at the intake end of the effluent pipe leading from
the retention area in order to ensure maximum settlement of suspended solids.
10) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a
point at or below the normal water level (NWL) elevation contour to prevent gully erosion and
siltation.
11) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended
solids.
12) The diked disposal area will be constructed a sufficient distance from the normal water level or
any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding
waters.
13) The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to holding capacity.

Joseph C. Marton
UD UCE
Permit #137-96
Page 3 of 4
14) Appropriate erosion and sedimentation control devices, measures, or structures must be used
to prevent sediment from entering adjacent wetlands/watercourses/properties (e.g., silt fence,
diversion swales/berms, sand fence, etc.).
15) A ground cover sufficient to restrain erosion must be provided within 30 working days or
completion of any phase of grading.
NOTE: The Division of Water Quality authorized this project on August 20 under General
Water Quality Certification No. 3025.
Bulkhead Construction and Backfill
16) The bulkhead will not extend waterward more than 7 feet from the normal water level at any
point along its alignment at the time of construction.
17) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the
shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM
within a maximum of thirty (30) days prior to the new expected start of construction.
18) The bulkhead must be constructed prior to any backfilling activities.
19) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure.
20) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles,
or other suitable materials approved by Department personnel. No excavation is permitted,
except for that which may be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any, excavation waterward of the
approved alignment.
21) 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.
22) All backfill material will be obtained from a high ground source and confined behind the
permitted bulkhead.

Joseph C. Marton
ADDITIONAL CONDITIONS
Breakwater Construction
Permit #137-96
Page 4 of 4
23) To promote flushing and fish passage, a one (1) foot opening will be provided in every ten feet
of breakwater section.
24) The proposed breakwater alignment must be marked by a representative of the Division of
Coastal Management during an on -site meeting with the applicant. The alignment must be
staked within a maximum of thirty (30) days prior to the start of construction.
25) The height of the breakwater shall not exceed six inches above the normal water level.
26) The breakwater will not extend waterward more than 32 feet from the normal water level at
any point along its alignment at the time of construction.
27) , The breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least
three feet above mean high water.
28) No backfill of the breakwater or any other fill of wetlands, estuarine waters, public trust areas
landward of the proposed breakwater is authorized by this permit.
29) The permittee shall maintain the breakwater in good condition and in conformance with the
terms and conditions of this permit or the remaining breakwater shall be removed within 90
days of notification from the Division of Coastal Management.

RECEIVrn
Form DCM-MP-1
APPLICATION
1. APPLICANT
a. Landowner:
Name JOSEPH C. MARTONE
Address P.O. BOX 1152
City K.D.H.
(ro be completed by all applicants)
4L 2 S 1996
b.. City, town, community or landmark
KITTY HAWK
c. Street address or secondary road number
END OF FT.T.TAH RATTM RM
d. Is proposed work within city limits or planning
jurisdiction? X— Yes No '
e. Name of body of water nearest. project (e.g. river,
State N.C. creek, sound, bay) KITTY HAWK BAY
Zip 27948 Day Phone [phone]
Fax
b. Authorized Agent:
Name ENVIRONMENTAL PROFESSIONALS INC.
Address P.O. BOX 3368
City K.D.H. State N.C.
Zip 27948 Day Phone [phone]
Fax (91Q)441-0721.
c. Project name (if anylJOSEPH C. MARTONE
NOTE: Pennit will be issued in none of lamlowner(s), and/or
project nanu.
2. LOCATION OF PROPOSED
PROJECT
a. County DARE
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. ' List all development activities you propose (e.g. .
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
CONSTRUCTION OF A 710' BREAKWATER TO PROTECT
SHORELINE, REPLACE BULKHEAD, MAINTENANCE
DREDGING
b. Is the proposed activity maintenance of an existing
project, new work, or both? BOTH
c. Will the project be for public, private or commercial
use? PRIVATE
d. Give a brief description of purpose; use, methods of .
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. PROTECT TS TO PROTECT MARSH
AREA FROM EROSION DUE TO WAVE ACTION. CONSTRUCT
OF BREAKWATER ACHIEVED AS SHOWN ON PLAT4x6"
whaler,2x6" sheeting spaced 1/2"; 6x6" piling
no'greater than 100' lengths w 5' freewater.
space between spans.
1Y N DI i:k M M
Revised 03195

Form DCM-MP-1
RUC 2 S 1996
existing wastewater treatment facilities.
in.
Describe
4.
LAND AND WATER
ONSITE
CHARACTERISTICS
n.
Describe location and type of discharges to waters
a.
Size of entire tract 7 8 ^rrPG
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
b.
Size of individual lot(s) N/A
down" and residential discharges.) 1MEA('F.
c.
Approximate elevation of tract above MHW or
RUNOFF
NWL 3-6'
o.
Describe existing drinking water supply source.
d.
Soil type(s) and texture(s) of tract
MTr.JCY PRAT IT/tnTcLEy MGHrR011NI) (T'TNR CANDY
LOAM)
e.
Vegetation on tract SPARTINA CYNOSA TMOTD %S.
PANICUM spp LIVE OAKS LAWNGRASS
f.
Man-made features now on tractSHED, BOATHOUSE,
5.
ADDITIONAL INFORMATION
FOOT RRTIX'E� RITIKHFATI, RTP—RAP
g.
What is the CAMA Land Use Plan land
In
addition to the completed application form, the
classification of the site? (Consult die local land use plan.)
following items must be submitted:
Conservation Transitional
_g Developed Community
Rural Other
h. How is the tract zoned by local government?
It-1 T,OW .+EN.,;TTV vrr r A('_T7 RRCTDENTTAT
j•
Is the proposed project consistent with the applicable
zoning? X Yes No
(,illach zoning compliance ccrtificale, if applicable)
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
Yes X No
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
I. Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? NO
(Attach docunentation, if avaifribly)
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, 9 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
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 Mr. David Stick
Address P.O. Box 180, KH, NC 27949
Phone -
Name Mrs. Kathleen D. Hilliard
Address P.O. Box 1083, KH, NC 27949
Phone -
Name Mr. Charles H. Aguirre
Address P.O. Box 205, KH, NC 27949
Phone -zur-
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
1996-
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 is 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 20 day of J nnp 19C
Print Name Joseph C. Marton
Signature
CRC Major Dev. in AEC Excavation or Filling Landowner or Authorized Agent
CAMA Major lo11-82, GPA 015070
9/27/82i CAMA Minor Permit 1196-04
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
X 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 03195

,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.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average 4Suad
Existing Project
Lenelh width Depth Depth
156'
40'
2.5'
3.5'
298'
40'
2.5'
3.5'
60'
25'
2.5'
3.5'
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 728 v
b. Type of material to be excavated SANDISTIN
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? X Yes _ No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area ADJACENT TO CHANNEL
TO BE MAINTAINED
b. Dimensions of disposal areal— 5085 so. ft. areas
WTTff A f ADACTTV OF 5811 rn yds
c. Do you claim title to disposal area?
x Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? Same Location
Revised 03195
rj

Ptirm DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs'or other wetlands?
X Yes No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 890'
.c. Average distance waterward of MI-IW or NWL
2.0'
d. Maximum distance waterward of MHW or NWL
nI
e. Shoreline erosion during preceding 12 months
(Source of information) FIELD Ons
f. Type of bulkhead or riprap material PRESSURE
TREATED WOOD
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill N/A
h. Type of fill material N/A
i. Source of fill material N/A
4. OTHER TILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
✓U� 2
S 199C
If yes,
(1) Amount of material to be placed in the
water N/A
(2) Dimensions of fill area N/A
(3) Purpose of till N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area NI
(2) Purpose of fill N/A
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? 2 BERMED SPOIL DISPOSAL
AREAS WILL CONTAIN ALL DREDGED MATERIAL
1). What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
DRACU.TNE., RAC;KHOpy HYDRATTU DRE.T)-F.
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.
JOSEPH C. MART
Appli Vt or Project Name /
Signature
,;o 9
U:de
Revised 03195

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s) N/A
(1) _ Commercial _Community _ Private
(2) Number N/A
(3) Length N/A
(4) Width N/A
(5) Finger Piers —Yes X No
(i) Number N/A
(ii) Length N/A
(iii) Width NIA
(6) Platform(s) Ycs X No
(i) Number N/A
(ii) Length N A
(iii) Width NIA
(7) Number of slips proposed m/A
(9) Proximity of structure to adjacent riparian
property lines N/A
(9) Width of water body N/A
(10) Water depth at waterward end of pier at
MLW or NWL N/A
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length N/A
(3) Width N/A'
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number N/A
(2) Length(s) N/A
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length 710'
(2) Average distance from MHW, NWL or
wetlands 15'
(3) Maximum distance beyond MHW, NWL or
wetlands 26'
e. Mooring buoys N/A
(1) _ Commer al _Community _ Private
(2) Number /
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
N/A
(4) Width of water body
(5) Distance buo�() to be placed beyond
shoreline //
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial Community _ Private
(2) Number N/A_
(3) Length N
(4) Width
g. Other (Give complcre dcscriprion)
Joseph C. Martone
Applicant Project Name /
SigI�
nature
Date

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 13, 1996
Regulatory Branch
Action ID No. 199604906 and State Permit No. 137-96
Joseph C. Martone
Post Office Box 1152
Kill Devil Hills, North Carolina 27948
Dear Mr. Martone:
Reference your application for a Department of the Army (DA) permit to
undertake maintenance excavation activities within an existing access channel,
canal, and boat basin, and construct a breakwater and a bulkhead, on property
located off State Road 1213, adjacent Kitty Hawk Bay, in Kitty Hawk, Dare
County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of General Permit No. 198000291. Therefore, you
may commence construction activity in strict accordance with applicable State
authorization and your revised plans. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action
is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Rale B, d, P.W.S.
4
Regulatory Project Manager
Enclosure
Copies Furnished with enclosure:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

-2-
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Parker
/vision of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

F
,JObW
DCt-j
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
DIVISION OF COASTAL
MANAGEMENT
ELIZABETH CITY DISTRICT OFFICE
1367 U.S. 17 South
Elizabeth City, NC 27909
[phone]
RECEIVE®
MAY 2 0 1998
COASTAL MANAGEMENT
10W ' 7 WA0V+E9-T"-CX t,�swO Jug W-M4t- A
G� \za hL, v9a11Y Rq- r-z-Ai tz t L (r t42 V\AO 44 ALT,it
CAM/1 - nA3&7- C 13-7-JG) . 0-c woW T 11WTU1 1T--
JwAN WAJ lie LS A-U12, f l- bNe `(0c iz--i ce- -

i� v v �� � { r ✓ . -
w t 5ENER; GAtL . xa` 0194'7U.{�
R
r, =PERKVt
as authorized by the. State of North Carolina
Department of Environment Healttl and Natural Resources and the Coastal Resources Commission
in an area of'environ`mental concern pursuant'to 15A NCAC •' Fi. 11Ofi
Applicant NameJOEWWA v ,e = x `Phone Number'"261 3355"
Address
City:' 9C .
-_ . - State -- _ .•.:. ZiP, .. _
Project Location Count State Road Water etc. i»�� �LI %))} 6kUf1 Qlj IQTf/ j1/}N/K KITty �Ii1W�
1 (County, Y, ) �
TypeofProject Activity NtA�r^ t3tAKltrhtY
PROJECT DESCRIPTION' SKETCH�A {'zS Np?-Ty (SCALE: MIS
)
Pier (dock) lengthH1. A QO__
J—
Groin length 4�l-fV NANnc g%! k
number
Bulkhead length
max. distance offshore
Basin, channel dimensions=- (jtq-Y}tcgtj s rL25 '�,Pi—O �- i r�
cubic yards
Boat ramp dimensions - --- I - /-FF / / BhGC F1 L6I AZ"S----�---_- _
ILE�c. SUUCH GAb
Other
MACTOMIz-
1
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any X
violation of these terms may subject the permittee to a fine, app
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliance. _
4- 2�� 9� The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no �%(�)) OU
objections to the proposed work. attachments
Die_ U0z ~-11-I`fL
In issuing this permit the State of North Carolina certifies that4)w �� Gff �V 2��5
this, project is consistent with the North Carolina Coastal application fee 67
Management Program.

• APR-01-1.9,9
17004410516 P.01/01
ADJACENT RIPARIAN PROPERTX OWNER STATEMENT wnllm
APR 0 6 199.3
jo e-
I hereby certify that I own property adjacent to --s. . *&i-**4�s
(Name of Property Owner)
property located at 3&q E—ZlIa'11 �;�ttW4,t
(LoY, Block,' Road, etc.)
on /<,/V1/ 24",h
(Waterbody(Town and/or County)
He has described to me as shown below, the development he is proposing at that location,
and, I have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
� - ti- Bt)
)WI
H2OtA(t
Signature
D,i�id ST/Je
Print or Type Name
9 1 -
Telephone Number
Date: , / ;, / 9 9 0

ti :RPR bU f9§b 09.1 FROM' }Tb, 1700^41051E; P.Oli01
ADJACENT RIPARIAN PROPERTYOWNER STATEYIENT.,, REC�!�rED
')AVIL
,4t ci2
APR 0 5 1993
I hereby certify that I own property adjacent to' Jd� Yhi� �T41? `e's
(Name of Property Owner)
property located at 38 0 q FX t
I I (Lot, Block, Road,,etc.)) '
on Kt f�Y htawle BACI , in /�i15 i� /7Y�d� — ✓eUz CP/., N.C.
(Waterbo ) (Town and/or County)
He has described to me as shown below, the development he is proposing at that location,
and, I have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
k" N' -�Ip 1
Ku ils�,lS
�� pr,C tvw 13� �c ��.
1R47 r--=---- '
7 S f%
Print or Type Name
Telephone Number
Date:
-29-
101'(0

State of North Carolina
Department of Environment,
Health and Natural Resources JL�
Division of Coastal ManagementJames B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary 1:3 E H N FR
Roger N. Schecter, Director
October 4, 1996
Mr. Joseph C. Marton
P. O. Box 1152
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 you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] 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,
9
John R. arker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, Nig"
FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT.
1. APPLICANT'S NAME: Joseph C. Marton
2. LOCATION OF PROJECT SITE: South end SR 1213 (Elijah Baum Road) Kitty Hawk, Dare
County, Kitty Hawk Bay
Photo Index - 1995: 186-1959 T/U/V-8/9 1989: 146-16 I/J/K-6/7/8 1984: 136-483 N/O/P-15/16
State Plane Coordinates - X: 2974900 Y: 855900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/09/96 07/23/96
Was Applicant Present - Represented No
5. PROCESSING PROCEDURE: Application Received - July 25, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Kitty Hawk
Land Classification From LUP - Conservation, Developed
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - On -site septic
Planned - N/A
(F) Type of Structures: Existing - Residence, boathouse, shed, bridge, bulkhead
Planned - New bulkhead and breakwater
(G) Estimated Annual Rate of Erosion: 2'
Source - Aerial photography
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Non -Coastal Wetlands
50 sq. ft.
(B) Shallow Water Habitat
19,960 sq.ft.
1,780 sq. ft.
(C) Upland Spoil Site
10;170 sq. ft.
(D) Total Area Disturbed: 31,960 square feet (0.73 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to construct 710' of wooden breakwater, construct 890'
of wooden bulkhead, and perform maintenance dredging within a 40' x 156' access channel, a 40' x
298' canal and a 60' x 25' boat basin to a final depth of 3.5' below NWL.

Joseph C. Marton
Bio Report
Page Two
Site Description
The applicant, Joseph C. Marton, owns a 7.8 acre parcel located at the south end of
SR 1213 (Elijah Baum Road) in Kitty Hawk, Dare County adjacent Kitty Hawk Bay. The
parcel is about 325' deep and extends approximately 1,000' along the shoreline of Kitty
Hawk Bay. A 40' x 300' bulkheaded canal with water depths ranging 2'-3' divides the
property. At the landward end of the canal there are two boathouses with dimensions of 40'
x 40' and 22' x 28'. A wooden 10' wide vehicular bridge located 8' north of the larger
boathouse provides access to the western side of the 7.8 acre parcel. Just landward of the
bridge the bulkheaded canal angles 90° to the west and deadends approximately 500' from
the boathouse. A second unbulkheaded canal approximately 15' wide connects into the basin
portion of the canal and dead ends approximately 440' to the west of the basin. A 7' wide
pedestrian bridge provides access to areas lying north and south of this smaller canal.
East of the 40' wide bulkheaded canal is an area of uplands 3'-5' above mean sea
level. Within this highground area sits the applicant's residence, workshop, and garage
surrounded by a yard area with several live oaks. A 225' long wooden bulkhead paralleling
the shoreline of the bay protects this upland area from erosion. Also located in this eastern
portion is a 12' x 12' dock which abuts the bulkhead at the waterward end of the canal.
West of the 40' wide access channel there is an area about 380' deep which runs
approximately 700' along the shoreline of Kitty Hawk Bay. There is no shoreline protection
along this larger area with the exception of 80' of wooden bulkhead located just west of the
access channel. This 80' long section of bulkhead is waterward of an old spoil area 70' x
90' wide, approximately 300' deep and ranging in elevation from 2' - 5' above mean sea
level. During a site inspection on July 9, 1996, it was noted that this area, which is
currently used as a horse pasture, had been filled with approximately 14" of spoil material.
There is a 10'-20' wide fringe of non -coastal wetlands located just to the west of the relic
spoil area. Lying west of this fringe is an extensive area of irregularly flooded coastal
wetlands measuring approximately 600' along the shoreline and about 200' in depth. These
coastal wetlands extend to the normal water level and are vegetated predominantly with salt
reed grass (Spartina cynosuroides). A 35' wide canal lying about 700' to the west of the 40'
wide bulkheaded canal also floods this expanse of coastal wetlands and forms the western
boundary of the 7.8 acre parcel.
Previous permits for this site include the following:
1) CAMA Major Permit #111-82 issued on 9/14/82 authorized maintenance
dredging of the boat basin and access canal to a depth of 4' below MLW,
placement of spoil material on relic spoil ridges and a roadway, and the filling of
a 60' x 15' area eroded by a 1982 storm.

I -
Joseph C. Marton
Bio Report
Page Three
2) General Permit #15070A issued on 5/23/96 authorized the construction of a 60'
long bulkhead at the easternmost end of the property and an 80' bulkhead just
west of the 40' wide access canal.
3) CAMA Minor Permit #96-04 issued on 6/14/96 authorized the placement of
material on an existing soil road.
The waters of Kitty Hawk Bay are classified SC by the NC Division of Environmental
Management and are closed to shellfishing. Water depths in the vicinity of this project (up
to 156' offshore) range 2' to 3.5'. A solid stand of submerged aquatic vegetation covers the
floor of the channel to be dredged. This vegetation consists of heavy concentrations of
milfoil (Myriophyllum spicatum) with eelgrass (Zostera marina) and widgeon grass (Ruppia
maritima) scattered along the numerous patches of milfoil.
Proposed Development
The applicant proposes to maintenance dredge a 60' x 25' boat basin, 40' x 298' canal,
and 40' x 156' access channel with average existing depth of 2.5' below NWL to a final
depth of 3.5'. Connecting depth at the waterward end of the access channel is 3.5'. Spoils
totalling 728 cubic yards are to be deposited within two oval shaped upland spoil areas with a
combined square footage of 10,170 sq. ft. and a total capacity of 1,130 cubic yards.
Also proposed are 8 segments of breakwater with a total length of 710' designed to
protect the extensive coastal wetlands located on the west side of the property. The distance
waterward of NWL will range from 4' to 32'. The breakwater height is proposed at 1'
above NWL with half -inch gaps provided every 6 inches. The breakwater segments will
overlap but a 5' wide space is proposed between segments. The breakwater is proposed
within waters approximately 2'-2.5' deep.
Also proposed are new and replacement wooden bulkheads around the 40' wide access
canal and associated canals totalling 890 linear feet. The bulkheading is proposed a
maximum distance of 7' waterward of NWL and an average distance of 2' waterward of
NWL.
Anticipated Impacts
Breakwaters - The installation of 710' of breakwater will cause some localized
turbidity.

Joseph C. Marton
Bio Report
Page Four
Bulkheading - The placement of 890 linear feet of bulkhead will eliminate 1,780 square
feet of shallow water habitat and will result in the filling of 50 square feet of non -
coastal wetlands located just west of the larger boathouse.
Dredging - The maintenance dredging project will result in the disturbance of 19,960
square feet of shallow water habitat. Two upland sites totalling 10,170 square feet will
be filled.
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: July 26, 1996

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING R]
A) APPLICANT: Joseph C. Marton COUNTY: Dare
LOCATION OF PROJECT: S. end of SR 1213 (Elijah Baum Road), Kitty Hawk, Kitty Hawk Bay.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 25, 1996
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
r
CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes
FIELD REPRESENTATIVE: Ed Harrell
A 'i
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIt JUL 30 �96
PUBLIC NOTICE REC'D: d END OF NC
ADJ. RIP. PROP NOTICES REC'D: --, \ i-t
APPLICATION ASSIGNED TO: ON:
abeth City
DATE: 9-mob-mob
> REC'D:
C) 75 DAY DEADLINE: - If - 150 DAY DEADLINE: n
MAIL OUT DATE: - - L / STATE DUE DATE:
FEDERAL DUE DATE: q- - 1p FED. COMMENTS REC'D: r
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 9-1 G—� L
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
Div. of Community Assistance
Land Quality Section
U 1
Div. of Env. Management
State Property Office
Div. of Archives & History
Div. of Env. Health
Div. of Highways
4U
0
wildlife Resources Commission
_
Div. of Water Resources
p
Div. of Marine Fisheries
—/`

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
IDEHNFR
TO: John Parker
FROM: Ed Harrell
SUBJECT: Recommendations for Joseph C. Marton Major Permit Application
DATE: August 14, 1996
I recommend that the Joseph C. Martone proposal for bulkheading, breakwaters, and
maintenance dredging be permitted with the following condition::
BULKHEAD CONSTRUCTION
1) The bulkhead will not extend waterward more than "' feet from the normal water
level at any point along its alignment at the time of construction.
2) The alignment of the proposed bulkhead must be staked by a representative of the
Division of Coastal Management (DCM) within a maximum of thirty (30) days
prior to the start of construction. Failure to initiate construction within thirty (30)
days, or erosion of the shoreline by adverse weather conditions, will require the
alignment to be re -staked by DCM within a maximum of thirty (30) days prior
to the new expected start of construction.
3) The bulkhead must be constructed prior to any backfilling activities.
4) The bulkhead must be structurally tight so as to prevent seepage of backfill
materials through the structure.
5) The bulkhead must be solid and constructed of treated wood, concrete slabs,
metal sheet piles, or other suitable materials approved by Department per Z 2
No excavation is permitted, except for that which may be required, Ott
construction of the bulkhead wall, riprap, deadmen cables, etc. This t IVCu
not authorize any excavation waterward of the approved alignment., 1AtfGJ..9 1996
;� E�q�tAL
µpNAGEµEN7
6
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone [phone] FAX 919-2 - 3
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper;

John Parker
August 14, 1996
Page Two
Zj 6) 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 Z 7) All backfill material will be obtained from a highground source and confined
behind the permitted bulkhead.
BREAKWATERS
1) The proposed breakwater alignment must be marked by a representative of the
Division of Coastal Management during an on -site meeting with the applicant.
The alignment must be staked within a maximum of thirty (30) days prior to the
start of construction.
2) The height of the breakwater shall not exceed six inches above the normal water
level.
6 3) The breakwater will not extend waterward more than 32 feet from the normal
water level at any point along its alignment at the time of construction.
Z 4) _ The breakwaters shall be marked at 50 foot intervals with yellow reflectors
extending at least three feet above mean high water.
Z 5) No backfill of the breakwater or any other fill of wetlands, estuarine waters,
public trust areas landward of the proposed breakwater is authorized by this
permit.
/ 6) The wooded breakwater shall be constructed in strict accordance with the plat
prepared by Environmental 'Professionals, -incorporated, dated 07/10/96 and
received in the Elizabeth City office of the Division of Coastal Management on
07/17/96.
2 7) The permittee shall maintain the breakwater in good condition and in
conformance with the terms and conditions of this permit or the remaining
breakwater shall be removed within 90 days of notification from the Division of
Coastal Management.

John Parker
August 14, 1996
Page Three
EXCAVATION
1) In order to protect juvenile shrimp and finfish populations, no excavation or
filling will be permitted between February 15 and September 30 of any year
without the prior approval of the Division of Coastal Management, in consultation
with the Division of Marine Fisheries.
S 2) Excavation will be conducted below the normal water level.
b 3) The temporary placement or double -handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
9 4) Excavation will not exceed 3.5 feet below the elevation of normal water level as
requested.
5) A silt screen shall be placed across the man-made canal in alignment with the
\ shoreline of Kitty Hawk Bay prior to the start of dredging activity within the
\v, basin and shall remain in place for a minimum of 24 hours after the dredging
within the basin is completed.
I believe the 40' wide channel proposed within the waters of Kitty Hawk Bay to be
excessive in width. I would concur with a reduction in width unless the Division of Water
Quality determines that a 40' wide channel is necessary to maintain water quality within the
man-made basin.
SPOIL CONTAINMENT
1) All excavated material shall be confined above normal high water and landward
of regularly v,-irreguutarly flooded marsh behind adequate dikes or other retaining
structures to prevent.spillover of solids into any wetlands or surrounding water.
2) A water control structure shall be installed at the intake end of the effluent pipe
n( leading from the retention area in order. to ensure maximum settlement of
suspended solids.
3) Flow from the diked retention area shall be confined by pipe, trough, or similar
device to a point at or below the normal water level (NWL) elevation contour to
prevent gully erosion and siltation.

John Parker
August 14, 1996
Page Four
4) The terminal end of the pipeline will be positioned at or greater than fifty feet
(501) from any part of the dike and a maximum distance from spillways to allow
settlement of suspended solids.
Z 5) The diked disposal area will be constructed a sufficient distance from the normal
water level or any marsh to eliminate the possibility of dike erosion into or upon
any marsh or surrounding waters.
i 6) The permittee shall maintain a 2' freeboard and a 2:1 ratio of discharge to
holding capacity.
. 7) The activity will be conducted in such a manner as to prevent a significant
v increase in turbidity outside the area of construction or construction -related
discharge. Increases such that the turbidity in the water body is 25 NTUs or less
in all saltwater classes are not considered significant.
9 8) Appropriate erosion and sedimentation control devices, measures, or structures
must be used to prevent sediment from entering adjacent
wetlands/watercourses/properties (e.g., silt fence, diversion swales/berms, sand
fence, etc).
9) A ground cover sufficient to restrain erosion must be provided within 30 working
days or completion of any phase of grading on cut or filled slopes.
NOTE: The Division of Water Quality (DWQ) approved this project on
under General Water Quality Certification NO.
OPERATION AND MAINTENANCE
1) The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
2) NOTE: The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is not
relieved of this requirement if he abandons the project without having the permit
transferred to a third -party.

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
MEMORANDUM:
TO: John Parker
FROM: John A. Thayer Jr. AICP !I�
SUBJECT: Major Permit Request By
Joseph Marton to Construct Breakwater, Bulkhead
and Maintenance Dredging Of Access Channel, Canal and Boat Basin, at South
End Of SR 1213 (Elijah Baum Road), At Kitty Hawk Bay, In The Town Of
Kitty Hawk
DATE: September 9, 1996
The applicant proposes to construct 710 feet of breakwater, a 890 foot bulkhead, and
maintenance dredging within a 156 foot portion of an access channel, a 298 foot canal and 60
foot by 25 foot boat basin with access to Kitty Hawk Bay.
Anticipated impacts of the bulkhead include loss of 1,780 square feet of shallow water habitat
(Fstuarine Shoreline), as well as the filling of about 50 square feet of non -coastal wetlands.
The dredging will disturb an additional 19,960 square feet of shallow water habitat (Public
Trust), with upland sites receiving fill with over 10,000 square feet of spoils from dredging.
Consistency Comments: The Town of Kitty Hawk 1994 Land Use Plan certified by the
CRC on July 28, 1995 was reviewed to consider a determination. The following policy is
applicable:
2. The Town supports the guidelines of the Coastal Area Management Act and the
associated policies of the Coastal Resources Commission but reserves the right to
review and oppose sections of the CAMA or its implementation that may be
deemed contrary to the Town's land use policies and development preferences,
(PP- 37) ';EMVEO
IFrSEP 1-21996
3. The Town supports CAMA regulations as applicable and also the U.S. Ar L; :; DIAL
Corps of Engineers in its enforcement of regulations pertaining to "404 ndeNAGEA1tNT
4
Pagel 7 U.S. 17 South. Eltrabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10%post-consumer paper

I
y
- f
ZZ
-
-
-
..

Marione Request, Kitty Hawk
September 9, 1996
with the exception of the Corps' allowance of mitigation measures to be taken on
sites outside of Town when filling is allowed within Town. It also supports public
and private efforts to preserve and protect the maritime forest. (pp. 38)
8. The Town supports the restriction of development within areas up to five feet
above mean high water susceptible to sea level rise and wetland loss. (pp. 42)
10. The Town supports the construction of properly permitted estuarine bulkheads.
(pp.43)
The County Land Classification Map identifies the site area as "Developed Village". Kitty
Hawk' s mapping does not delineate all AEC's and other wetland areas. Though text within
the LUP does not qualify that all AEC's are not identified, other discussions recognize that all
wetland areas, have yet clearly been identified or mapped.
Determination: Based on the above policies, the project can be determined to be consistent
with the Town of Kitty Hawks' Land Use Plan
Page 2

I&.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
July 29, 1996
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
Aj
�
EDEHNFR
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/AAED13E & FILL Permit Application Review
Applicant: Josep C. Marton
Project Location: South of SR 1213 (Elijah Baum Road) Kitty Hawk, Dare County,
Kitty Hawk Bay
Proposed Project: To construct 710' of wooden breakwater, construct 890' of wooden
bulkhead, and perform maintenance dredging within a 40' x 298' canal
and a 60' x 25, boat basin to a final depth of 3.5' below NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 19, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. 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.
-V/ This agency objects to the project for reasons described in the
attached comments.
Signed vim.; Q .....�� Date 10faks
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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 1D FEEH N F I
Bruce L. Freeman, Director
13 August 1996
MEMORANDUM
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: Bruce Freeman, Director
Division of Marine Fisheries
SUBJ: CAMA/Dredge & Fill Permit Application for
Joseph Martone Proposal
I have reviewed the comments provided by the District Manager and/or
Bio-Supervisor and concur with their recommendation(s).
(initial)
Director
Deputy Director
Planning & Analysis Supervisor
T�
RECENE� �N
SEP 5 1996
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
A•: •
IDFEE HNF1
13 August 1996
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: P.A. Wojciechowsk &-
SUBJECT: DREDGE AND FILL PERMIT
Joseph C. Martone Proposal
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
I;LYirll�
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina 11
Department of Environment, VA
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor ID E H N
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM:
TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator
THROUGH: P. A. Wojciechowski, Permits Coordinator
FROM: Sara E. Winslow, Biologist Supervisor z f,
SUBJECT: Joseph C. Marton Proposal
DATE: August 9, 1996
The following comments by the North Carolina Division of Marine Fisheries are
provided pursuant to General Statute 113-131. This agency objects to the project as
proposed based on the following reasons.
Kitty Hawk Bay functions as a nursery area for spot, croaker, weakfish, spotted
seatrout, blue crabs and other commercially and recreationally important species.
The Division is concerned with the impacts to 19,960 sq. ft. of shallow water habitat.
Significant turbidity will result from the dredging, which would impact fish and invertebrates
in the area. The width of the proposed access channel 40' x 156' is very excessive for an
individual residence.
This agency is concemed with the loss of SAVs and the cumulative impacts that will
result from this project. The importance of SAVs to fmfish and invertebrate production and
serving as habitat is well documented.
The Division expresses the following concerns with the proposed breakwater. The
half -inch gaps provided every 6 inches, is not adequate for water exchange nor fish passage
and invertebrate passage between the shoreline and the breakwater. This agency
recommends that one sheetpile be left out of the breakwaters every 8 or 10 feet. This would
provide adequate water exchange and allow fish and invertebrate passage to occur.
In summary, this agency objects to the project due to the loss of shallow water habitat
and loss of SAVs. If this permit is issued over this agency's objections a dredging
moratorium is requested 15 February through 30 September to ensure the environmental
integrity of the area is protected during critical times of usage. Also, an assessment of the
SAVs should be made prior to any dredging and the effects.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
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 Water Quality
James6. Hunt, Jr., Governor
Jonathan B. Ho wes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Joseph Marione
P.O. Box 1152
Kill Devil Hills, NC 27948
Dear Mr. Marton:
•�•AAR4
CHEHNFIt'
August 20, 1996
Dare County
DWQ Project # 960763
You have our approval to place fill material and dredge in 0.50 acres of waters for the purpose of
constructing a breakwater and bulkhead and performing maintenance dredging atyom-iet at the south end of
SR 1213, as you described in your application dated 31 July 1996. After reviel�ing you application, we
have decided that this fill is covered by General Water Quality Certification N ber 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 adjudicamry
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions, please telephone John Domey at 919-733-1786.
- -Attachment -
cc Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
John Parker, DCM
Sincerely,
Rn How r. Pq-
60763.1tr
9
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/100ti 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
July 29, 1996
MEMORANDUM
TO: Mr. Charles Gardner, Director
Division of LandResources
[DEHNFR
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Joseph Marton
Project Location: South en of SR 1213 (Elijah Baum Road), Kitty Hawk, Dare County,
Kitty Hawk Bay
Proposed Project: To construct 710' of wooden breakwater, construct 890' of wooden
bulkhead, and perform maintenance dredging within a 40' x 156'
access channel, a 40' x 298' canal and a 60' x 25' boat basin to a
final depth of 3.5' below NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 19, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. 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
a,ttached comments.
Signed Date
arty �s �sss
,JP,
MANAGEMENT
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX 919-24
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
MEMORANDUM
TO: John R. Parker, Jr./Stephen Benton
Major Permits Processing Section
Division of Coastal Management
FROM: Patrick H. McClain
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.
,r� 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.
6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
8. Other: T<ii Tw,✓ or' ,¢�/7y fi�.owE 5/.ys .� Loc�Ac
e2O5/O�✓ �.�sa�iMrvYipTioi✓ �m.✓iRa/ d�D/i✓iJ�✓G�. %Lic .�c K�ilRr —
JLIENT yvR i¢i� �G/� MKfT pr 7�TF�rre..%cL Ay 7'4G 74,:e./,

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
August 2, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
A4
EDEHNFR
�C
RECO EO
AUG 29 1996
CUASSUBJECT: CAMA/DREDGE & FILL Permit Application Review
INANA EMENT
f
APPLICANT: Jose C. Marton 9
PROJECT LOCATION: South end of SR1213 (Elijah Baum Road) Kitty Hawk, Dare Co.
PROPOSED PROJECT: To construct wood breakwater, wooden bulkhead, dredging, etc.
Please indicate below your agency's position or viewpoint on the proposed and return this form by August
22, 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.
pppp � q This agency objects to the project for reasons described in the attached comments.
Signed�, y� V�kd.,bt9 l rw\,k Date I- ? -1- a 10
P.O. Box 27687, 14ft FAX [phone]
Raleigh, North Carolina 27611-7687 N..� C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 7!wlla 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 p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
July 29, 1996
M8MORAND13M
TO: Mr. Robert E. Chandler, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DR7MIto & FILL Permit Application Review
Applicant: Josephne
Project Location: South end of SR 1213 (Elijah Baum Road), Kitty Hawk, Dare County,
Kitty Hawk Bay
Proposed Project: To construct 710, of wooden breakwater, construct 890, of wooden
bulkhead, and perform maintenance dredging within a 40' x 156'
access channel, a 40' x 298' canal and a 60' x 25' boat basin to a
final depth of 3.5' below NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 19, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. 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 agencv objects to the project for reasons described in the
a hed itEnts.
Signed DateA�Ap rV
Y
EdIVEO
kM AlJG1J$Lty96
Cu,,:,NL
MANAGEMENT
1367 U.S. 17 South. Eltrabeth City, North Carolina 27909 Telephone [phone] FAX 919-2
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
MEMORANDUM
TO:
I WIT "d
SUBJECT:
APPLICANT:
PROJECT LOCATION:
PROPOSED PROJECT:
August 2, 1996
Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
John Parker, Jr.
Major Permits Processing Coordinator
1t •: '
EDEHNFR
CAMA/DREDGE & FILL Permit Application Review
Joseph C�. Martone
South end of SR1213 (Elijah Baum Road), Ditty Hawk, Dare Co.
To construct wooden breakwater, wooden bulkhead, dredging, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22, 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.
1% 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 age cy ob a to the project for reasons described in the attached comments.
Signed Date Ci
RECEIVED
AUG 13 1996
COASTAL
MANAGEMENT
P.O. Box 27687, N�FAX [phone]
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 17fA "W7 50% recycled/10% post -consumer paper

Siote of North Carolina,
Department of Environment
-HeCilth and Natural Resources
Division of Coastal Management
�;.nwalsiiriMtirA f '
James B. Hunt, Jr., Governor r ;� � r I A
Jonathan B. Howes, Secretary_ �' V``r
FZ
Roger N. Schecter, Director -- — —
r. _-August 2-1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Joseph _Marione
PROJECT LOCATION: South of SR1213 (Elijah Baum Road), Kitty Hawk, Dare Co.
PROPOSED PROJECT: To construct wooden breakwater, wooden bulkhead dredging, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22,1996.
If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth
comments with supporting data are requested.
REPLY_ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated. See
attached.
This agency objects to the project for reasons (described in the attached comments.
Signeda,tY Qom_ jDate
0 11_.12�
�1 RECE VEG
°J AUG 21 1996
WASlAL
rA MANAGEMENT
P.O. Box 27687, � FAX [phone]
Raleigh, North Carolina 27611-7687 Nat',"
� An Equal Opportunity/Affirmative Action Employer
Voice919-733-2293 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environm it.
Health and Natural Resou
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
C
AUi �EHNR
N ^ gilt
DIA �1996
MEMORANDUM
TO: Ms. Linda Sewall, Director 8 1996
Division of Environmental Health
DIV. OF ENVIRONMENTAL HEA17!¢}
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Jose C. Marton
PROJECT LOCATION: South end of SR1213 (Elijah Baum Road), Kitty Hawk, Dare Co.
PROPOSED PROJECT. To construct wooden breakwater, wooden bulkhead, dredging channel,etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 22,1996. If you have any questions regarding the proposed project, please crm",,Iker
SW
at 733-2293. When appropriate, in-depth comments with supporting data are requ'
1�IF0 n
15
REPLY This agency has no objection to the project as proposed. pU�pNR��Y'tS
This agency has no comment on the proposed project. !
This agency approves of the project, only if the recommended-itIges are
incorporated. See attached. (4
01,�Oa e t* -E>g CC7i �—
-74o viJJ?
ag y oo je o e profor reasons descnbed to the attac cornment
s.
Signed o Date (�
���� FAX [phone]
P.O. Box 27687, N��C An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687 50% recycled/10% post -consumer paper
Voice 919-733-2293

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
h6.1 S 910 77 T
ti
�,M �EHNR
m�� ti�
929z tz st-S
August 2, 199
TO: Mr. Joe Henderson, Acting Director
State Property Office y9
Department of Administration pVG��NZ
FROM: John Parker, Jr. MPN
Major Permits Processing Coordinator tf+
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Jose h C. M7of
ione
PROJECT LOCATION: South SR1213 (Elijah Baum Road), Kitty Hawk, Dare Co.
PROPOSED PROJECT: To construct wooden breakwater, wooden bulkhead, dredging, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22, 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_ 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
P.O. Box 27687, N7�C FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

WL
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:
SUBJECT:
APPLICANT:
PROJECT LOCATION:
PROPOSED PROJECT:
August 2, 1996
Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
John Parker, Jr.
Major Permits Processing Coordinator
IDEHNFR
C E & FILL Permit Application Review
Josep . Martone
South end o 1213 (Elijah Baum Road), Kitty Hawk, Dare Co.
AUG 8 1996
To construct wooden breakwater, wooden bulkhead, dredging, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 22, 1996.
If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-
depth comments with supporting data are requested.
REPLY_ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated. See
attached.
This agency objects to the project for reasons described in the attached comments.
Signed Date
p� �1
NpG�MENt
P.O. Box 27687, �`��FAX [phone]
Raleigh, North Carolina 27611-7687 N ` C An Equal FAX
Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U"
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO
ATTENTION OF
September 4, 1996
Regulatory Branch
Action ID No. 199604906
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Joseph C. Marton for a Department of the
Army (DA) permit to undertake maintenance excavation activities within an
existing access channel, canal, and boat basin, and construct a breakwater and
a bulkhead, on property located off State Road 1213, adjacent Kitty Hawk Bay,
in Kitty Hawk, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
c mpliance with the permit plans.
2. The bulkhead will not be positioned farther waterward than seven
feet from the normal water level elevation contour at any point along its
alignment.
3. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters outside of the permitted area.
4. Excavation will not exceed 3.5 feet below the elevation of mean low
water (MLW).
5. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
, 6. 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.
7. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the
waterbody is 50 ated 7,
r ), 25
less in all saltwater classes a r
are not considered significant. F 'VEU
SEP 111996
CUASK
to MANAGEMENT

-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
�Q�
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY M
ATrEHnoR OF August 7, 1996
Regulatory Branch
Action ID No. 199604906
Joseph C. Martone
Post Office Box 1152
Kill Devil Hills, North Carolina 27948
Dear Mr. Martone:
On February 11, 1991, we renewed General Permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received July 31, 1996, for Department of
the Army (DA) authorization to undertake maintenance excavation activities
within an existing access channel, canal, and boat basin, and construct a
breakwater and a bulkhead, on property located off State Road 1213, adjacent
Kitty Hawk Bay, in Kitty Hawk, Dare County, North Carolina, indicates it to be
a candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199604906.
It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field
Office. Mr. Bland is available at telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources "wN
Post Office Box 27687
Raleigh, North Carolina 27611-7687 i
t—

-2-
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF August 7, 1996
Regulatory Branch
Action ID No. 199604906
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Joseph C. Marton for Department of the
Army (DA) authorization and a State Water Quality Certification to undertake
maintenance excavation activities within an existing access channel, canal,
and boat basin, and construct a breakwater and a bulkhead, on property located
off State Road 1213, adjacent Kitty Hawk Bay, in Kitty Hawk, Dare County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of
our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by October 4, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
D' ision of Coastal Management
V'North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

•`+�" , q 4
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
'�•���4[s a ��'f
Southeast Regional Office
9721Executive Center Drive North
St. Petersburg, Florida 33702
August 29, 1996
Lt. Colonel Terry R. Youngbluth
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Raleigh Bland
Dear Lt. Colonel Youngbluth:
In accordance with Part II, Section 4 of the current Memorandum of
Agreement between the Departments of Commerce and the Army, I am
offering the following comments on permit application 199604906(GP)
dated August 2, 1996. The applicant, Joseph Martone, proposes to
excavate and fill wetlands at his property on Kitty Hawk Bay, Dare
County, North Carolina. The purpose of the work is to prevent
shoreline erosion and provide access to an existing boat basin.
The proposed project consists of the construction of a wooden
bulkhead around a 40-foot-wide access canal and associated canals
totaling 890 linear feet. The bulkhead would be constructed an
average of two-feet-waterward and a maximum of seven- feet-waterward
of the normal water level (NWL). Eight segments of breakwater with
a total length of 710 feet will be aligned between 4- and 32-feet-
waterward of a wetland area on the west side of the applicant's
property. The breakwaters will extend one inch above the NWL and
will be offset five feet apart between overlapping segments. A gap
of one half inch will be placed every six inches throughout the
breakwaters. Also proposed is dredging of an existing 60-foot-long
by 25-foot-wide boat basin, a 40-foot-wide by 298-foot-long canal,
and a 40-foot-wide by 156-foot-long access channel. The dredging
will be accomplished to a depth of -3.5 feet NWL.
Based on our knowledge of the project area, coordination with the
North Carolina Division of Coastal Management, and a review of
aerial photography at our Beaufort Laboratory, we believe that
portions of this work would be detrimental to living marine
resources for which we are responsible. The project site in Kitty
Hawk Bay is a brackish to fresh water estuarine system that
supports submerged aquatic vegetation (SAV) including widgeon grass
(RuvDia maritima), milfoil (Myrioohv>>um spp.), and eel grass
(Zostera marina). SAV provides important nursery habitat for a
variety of commercially, recreationally, and ecologically

important fishery resources.) Species commonly found in the
project areas include spot (Leiostomus xanthurus), spotted seatrout
(Cynoscion nebulosus), flounders (Paralichthvs s
(Sciaenoos ocellatus), Atlantic menhaden (Brevoortia tvrannus drum
killifish (Fundulus heteroclitus). In addition SAV ), and
des a
source of primary production which is important �r
in the detrital
based food chain and helps to maintain good water quality by
removing excessive nutrients and pollutants.2
We understand that the project area has a history of use for
boating access to Kitty Hawk Bay. Accordingly, we do not object to
the proposed bulkhead or breakwaters. Furthermore, if the North
Carolina Division of Environmental Management determines that water
quality will not be adversely impacted, we have no objection to
maintenance dredging of the boat basin and canal. However, based
on our understanding of the size of the boats that use this area,
we believe that the dimensions of the access channel are excessive
and would result in the loss of 0.15 acre of SAV.
Based on its importance to fisheries, the National Marine Fisheries
Service places a high value on SAV habitat. Therefore, we
recommend that federal authorization of this project, as presently
proposed, not be granted. Alternatively, we would not object to
the excavation of a minimal size (15 foot bottom width) channel for
boat access which would minimize SAV losses.
We appreciate the opportunity to provide these comments.
,
sSince
AndeaMager Jr.
Assistant Regional Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SEO2
'Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The
ecology of eelgrass meadows of the Atlantic coast: a community
profile. U.S. Fish and Wildl. Ser. FWS/OBS-84/02.
21bid.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 22, 1996
Lieutenant Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Attention: Raleigh Bland
Dear Colonel Youngbluth:
RECENE�
AUG 27: F996
MANPGE�'EN�
The U.S. Fish and Wildlife Service (Service) has reviewed the
project plans and field investigation report for permit application
Action I.D. No. 199604906. The applicant, Joseph Martone, proposes
to rehabilitate a boat basin, access channel, and bulkheads at his
property adjacent to Kitty Hawk Bay. Spoil disposal will be in
onsite upland pits. Additionally, he proposes to construct a
breakwater to protect coastal wetlands. The proposed activities
are located at the south end of North Carolina State Route 1213 in
the Town of Kitty Hawk, Dare County, North Carolina.
This is the report of the Service submitted pursuant to, and in
accordance with, provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the
Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C.
1531 et seq.).
The Service does not object to the issuance of a permit or permits
for the proposed activities described above. However, we suggest
two modifications which will limit the net loss of wetlands, and
reduce the frequency (and cost) of long-term, in -water maintenance
activities:
The new and replacement bulkheads should be installed landward of
the normal water line. This will limit the fill required and avoid
any loss of wetlands. Further, bulkhead alignment should follow
the existing shoreline (the shoreline's irregular shape is a
function of wave energetics, shoreline stability, and bottom
configuration). This alignment is consistent with patterns of
energy transfer from the water to the shore, and following that
pattern will reduce impact burdens on the bulkhead. This means it
will keep its' integrity for a longer period, requiring less
frequent maintenance, and less frequent in -water work or other
disturbances to the aquatic environment.

.f
We appreciate this opportunity to comment-oa the proposal. .If you'_r_+,j
have any questions or comments, please..call__ Kevin. Moody..at_..(919)....
856-4520 extension #19.
-Sincerely,
Acting Field Supervisor
cc: DCM, Elizabeth City, NC (Richard Watts)
DCM, Raleigh, NC (John Parker)
EPA, Wetlands Regulatory Section, Atlanta, GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:KMoody:KM08/21/96:919/856-4520 ext.19:B:\MARTONE

DEPARTMENTTHEARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
CO
� O
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
AA
Regulatory Branch
Action ID. I I9 b O 4 1 n Applicant JOS!Qh 1,1AY�"t-
Waterway kA G County avt ype Work Mai 1 t{L�yt h J
brulwc , b,A11��
Mr. Larry Hardy VMr. John Parker'
National Marine Fisheries Division of Coastal Management
Service, NOAA North Carolina Department of
Pivers Island Environment, Health and
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
(4 4
C ' Regional Office
Division of Coastal Management
North Carolina Department of
Environment, Heallth and
Natural Resources �1
e1pk
t its Civic Llqm
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. our gommen'sryand/or
recommendations would be appreciated on or before Sw Ilbq t�i�b
—T
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland cc, A�4 g�Ig�6
Regulatory Project Mana9GEMENT
Enclosure

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
July 29, 1996
Mr. Joseph C. Marton
P. O. Box 1152
Kill Devil Hills, NC 27948
Dear Mr. Martone:
1, •�,
®EHNFR
RECEIVED
JUL 30 4996
COASTAL
MANAGEMENT
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of your property located at the south end of SR 1213
(Elijah Baum Road), Kitty Hawk, Dare County. It was received on July 25, 1996, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is October 8, 1996. An additional 75-day review period is provided by law when
such time is necessary to complete the review. If you have not been notified of a final action
by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However,
an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public
road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-cauumer paper

July 29, 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,
M. Edward Harrell tp `—
Field Representative I
MEH/kh
Enclosure
cc: John Parker
Richard L. Watts

.v. "e� �'.'3 ��-` yi i•e �� mod'_
CAMA PERMIT
APPLIED FOR
PROJECT: To construct 710' of wooden breakwater, construct 890' of wooden
bulkhead, and perform maintenance dredging within a 40' x 156' access
channel, a 40' x 298' canal and a 60' x 25' boat basin to a final depth
of 3.5' below NWL.
COMMENTS ACCEPTED THROUGH August 25, 1996
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Mr. Joseph Martone NC Division of Coastal Management
P. 0. Box 1152 _Y 1367 US 17 South
Kill Devil Hills, NC 27948 Elizabeth City, NC 27909

ENMONHWAL PROFESSI0NAL9, INC.
Planning for a better environment ,
[phone] RECE!Vrr)
June 11, 1996
Mr. Charles H. Aguirre
P.O. Box 205
Kitty Hawk, North Carolina 27949
Dear Mr. Aguirre,
JUL 1 7 1996
This letter is with reference to Dr. Joseph Martone's application for a CAMA pennit to construct a
breakwater on his property in Kitty Hawk which is adjacent to your land on Kitty Hawk Bay. If
you have questions or comments regarding the enclosed plat and application, please contact the
Division of Coastal Management or me.
Sincerely,
ENVIROrrNMIENI'AL PROPESSIONAI,S, INC.
Robert M. White
Environmental Scientist
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

&MONHm MPROFMOMINC
Planning for a better environment
[phone]
June 11, 1996
Mr. David Stick
P.O. Box 180
Kitty Hawk, North Carolina 27949
Dear Mr. Stick,
UUL
This letter is with reference to Dr. Joseph Mwtouc's application for a CAMA permit to construct a
breakwater on his property in Kitty Hawk which is adjacent to your land on Kitty Hawk Bay. If
you have questions or comments regarding the enclosed plat and application, please contact the
Division of Coastal Management or me.
Sincerely,
ENVVIIR�O�NMENTAL PROFESSIONALS, INC.
Robert M. White
Environmental Scientist
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

ftMONMWALPEOFFSSIONAiS, INC.
Planning for a better environment
[phone]
.Tune I I. 1996
Mrs. Kathleen D. Hilliard
P.O. Box 1083
Kitty Hawk, North Carolina 27949
Dear Mrs. Hilliard,
This letter is with reference to Dr. Joseph Martone's application for a CAMA pennit to construct a
breakwater on his property in Kitty Hawk which is adjacent to your land on Kitty Hawk Bay. If
you have questions or comments regarding the enclosed plat and application, please contact the
Division of Coastal Management or me.
Sincerely,
ENVIRONMENTAL PROFESSIONALS,
PROFESSIONALS, INC.
A W
Robert M. White
Environmental Scientist
P.O. BOX 3363 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

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PS Form 3811, December 1994
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DMONMEIVTTAL PROFESSIONALS, INC,
Planning for a better environment
[phone]
9661 5 Z W
03AI3038
July 24, 1996
Division of Coastal Management
Attn.: Mr. Ed Harrell
1367 US 17 South
Elizabeth City, NC 27909
Re: Martone CAMA Application
Dear Mr. Harrell,
Based on our discussion of 7/24/96, this letter is to clarify the CAMA Major Permit
Application we submitted on behalf of Dr. Joe Martone.
Two 5085 sq. ft. upland spoil areas have been designated on the map. These areas will
be utilized for the dredge spoil that will be generated from the maintenance excavation
proposal. The sequence of excavation will begin by setting up silt fence around both
spoil areas. A dragline will be used to excavate within the bulkheaded channel and out
fifteen to twenty feet beyond the existing bulkhead. The spoil material placed within the
spoil area will be pushed into five foot berms when dry. The rest of the existing channel
will be excavated by hydraulic dredge. The spoil area closest to the bay area will be used
until full. The spoil will be removed when dry, or the other spoil area could be used as
well to continue the maintenance dredging until complete. Total land disturbance at any
time will be less than one acre.
Should you have any questions, please call me.
Sincerely,
Jay &oon
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

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o..ul.d by ... ........ Cn.nuy .... ton ..__..... oar ..l .......................... ..... ... u..
by. ................................................................................................................................ ....
.Iwu aru..rr.,mnr a ALDRIDGE�--SEAWFLL d KIIOURY, AC Corneys at Law _______.............................. .......
............... .............. ......... ..___..
_______ _______ Post Office Box 339. Marten, North Carolina 27954
.... ....... ... ..._....— ............................. ....
rill, i...0 u.n..nl n'a, wenar.d by G. Irvin Aldridge ......................... ....
uti.l nra,tani.•n for Nt, Ina., 1'ARCI•:L 1N KI.1711' HAWK, NC
NORTH CAROLINA DL-'LD OF 'TRUST
rills nla:a of ll.UST inane tod> 15th day of May . u Bl . by .1.4 b,lwero:
GRANTOR
Joseph C. Tlar'lone
Tit U.%TEE
C. Tivin Aldridge
BENEFICIARY
S. Michael Riddick d wife,
Anna C. Riddick
linter In anr.nntule bl.rk In, fain nil": u:n r, ananua....q II aPo,r.nrl, e..,ru...... oI uany. a.r. entnmaln...... r:.....erobin.
Tbr dnsletullun ('.ranlnt. Trostre, and Ill nen,i sea by eln shall include laid tactics. 'licit bills, sueers,nri. slid aal0l.s, still shill Im-Intl•
llurlllall Lhval. Imsrulinl. lem!Wo, as mnlor as .niuilsd by .....feat.
¢'ITNesc ETll, n.al wLerea> one araniur i, I..d,nlea 1. file ."o'n.lary n, if,, r.mr4nl awn. as .FORTY-EIGHr..THO.USAND.SIX....-
.__.HUNDRED.AND..00/100....
.. rrlaene,a by a nremloner nine of in dal, nn,ulm. tilt, brine ill Mitch are Inc..e.uratcd Lv.la by rer,na,e. Th, 111, dine sane Inc r:•/ ., n,
of .aid t.u..nia...o onto. a not a.no.r nand. Is ........ May ............ 20.01_......... ...........
Ya11'. l'll law rl"1n1E, a ally 1., old d,bl and a 'abu Ne t, sidnallnn., ieltl of which I> b,reb.' ack nun9M[,n. 14, Gains., has
,old. el. en. ef..aea .,m ,un:q,d ails mall br Nile L. ,funs tnrnain. >en. clef nail and run.ar 1. vld TI.alee. hi. hail.. ur >nrrasera, ...it
tole tairrl(a) of and >uuat,d-m air BwiaN_ Vill.aEe..vl;. KitCY--IIoWk........ ..... ...Atl.ITt.3C...... ..... ........... T••.'...htr.
........ Dar.q....................... c........ N..,N Ca ullba, and inure Iaillrul-ty d,nr,med as follows:
All that certain tract or parcel of land, together with the improvements situated thereon,
lying and being near the Village of Kitty Hawk in Atlantic Township, Dare County, North
Carolina, adjoining the )duds now or formerly belonging to Nary V. Baum on the North,
the lands of Stephen L. Alrich all Cite East, Kitty Hawk Bay on the South and other lands
owned by Michael C. Reeves et ux on the West, and bounded as follows:
BECINNING at a live oak situated in and marking the Northwest corner of the property now
or formerly belonging to Stephen L. Alrich, said live oak also situated on and marking
the South line of the property now or formerly belonging to Mary V. Baum; running thence
from the beginning point along the West line of the Alrich property aforesaid South 11
deg. 10 min. East a distance of 40.25 feet to an existing iron pipe; thence continuing
along the West line of the Alrich property aforesaid South 11 deg. 10 min. East a distance y
of 159.63 feet to an existing iron pipe; thence continuing along the Alrich West line
aforesaid South 11 deg. 10 min. East a distance of 54.16 feet to an iron pipe; thence
continuing along the West 1!lie of Lite Alrich property aforesaid South 11 deg. 10 min.
Fast a distance of 6 feet, more or less, to the shoreline of Kitty Hawk Bay; thence alone
the shoreline of Kitty Hawk Bay, following the various courses and meanderillgs thereof,
in a general Westerly direction, to a post situated in and marking the East edge of a
ditch or canal sometimes referred to as Crampton's Ditch; thence turning and running
I C. n,. .1..... I ... ... ... 11 ov.. n.. L.n tan.
(SKE. Al'fACHMENT)

Ill. Lill.. [killok
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Sell the lau,l Lrleln
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aNu[m.l,all 1",Ifl,a.e �T
,trnre nl l'nrmml nr ...lm look— take..... l4elk llrnenelary. I nu nPunry okay Inn z+..... >.n.....:.......... ..-... ....._...... loll.. _.__.. _-
rJ to IL[ Nule gnrted loy this faced of T.mt, aloof Shull 4e Jne any go.,a4le upon Jenuu,l Ly Granlar to Iln,e![iary.
S. TA\1:5, .\GSY:.<5\I I:\'YS, 1:11.VIGFS. (:,al)lm dull PaY all lan'F), a [nli nd c4arFri a' ma)' Le Iardnll}' lea;' J aFaiCes aalrltereet lies
rit4in 141r1)' off) days all Lr the x m[ all bee me due. ho l4[ P'lnl I'll Colanbrt falls to fo InY a I lanes. asieaxmn,ls f r4a
ooni, k_ Il,rn IM1u efriafy, al IJ, np11 av paS ILe ten, a an 1 III, a nnnts so pall ilmll he adJeY lu ILe ]n4 S[nunl Ly ILia deed ul To, LE. and
L:kll .e klne ankt I•a)a41e .,I..... .le .... ..l rl, )' l:k akklnl tar laenrf......
"k '
). ]',%It IIAl. nrI.I:Ai6. (:rand^, .L:JI .kkkI 4l vuued got lee p:uunl rr4•aae of an' oI he >Lkkvr J1.11led .11,de.ly ...dn: a Sp[Fmr p.k.f fu k.n
.......
iIlmrllm ix Indmlrvl L, pJa itrnl al TnuL tIn tee eor kt a L:n um o-trane I•r•.viSlkkn N e.ceu4d 0, 141i Devil 1, T-11. 4rnntor moot 11,I111r
If rI11,L.aJrranlll!at cdkir InkIntl l.n.l'llane�cd1111e[Ilaul leaertern xelir,J �udafISlnnarrlr1 b. Node. del ailed Ilf T,uxl.aait�lir lseer Ii...too.m.....Lace, (:Iant4n'
Srtu"',, ,ad Net.r a z.. a a. o u ^ a
L. WASTE. The C.nnlnl anH -I--' e[ .rill krrp the pr lld-L e1-111 r, le"d I., as ..a eldeq lepaf, and eondltlnn .I "Ity ale note. l[a. -
aLae near' and oral evepled. aed ghat he .sill lot tnmmil or Prrr^Il any waste.
\C.\IIIL\Nl'l1".5. Clan-.. r ..rod '"I., T'—.— Ind Ile—he.n,)' Iliad he It xrirrd of Ihr I'r rudan In Ire shnlaq M1aa the rIF'.t In rook )' 14e
a r. Ire il.nl.l r. Il.al 11111 la rn .,Mrla life an.l Irre a.. I clear n1 all r. .rr......... ea, a.wl "'m 1....'lll n'a,la nl and .lellnrl llkr lilt[ .Lalnxl the la lft..1 - .
rblurs� nl .+II I•...uni ^'emmu. Lee, e,rrpf like like rl-1.1lkus hrlri—Ilee1i Wed. Ttl, In lhr I+m...1l) Lrrrinahna'r do[xiled li v.hjecl lu late I.tllnarun
rarrl•liki I
Such easements as may be of record for public utility services and public roadways.
4. Svu.C. ITUT1u1' I... "cn UsT'.X. ("•,a...... ,roil I.......e r.r. nand and tour, Ina .d ..'n4 ...... rrloly oral In ra:r I'll aahl T.narr. n � -
r fonder. roan life. bernn.. inral.bb, or arlhq. rr l r 1.1111lul. nl Ink purer rilnua. nl dlo:nkuar .ga a hrrrr,n, rli ,r[nn:r41, 1. Ile blood', �ul
Ilrr 1:,e. then like bidder ul file Nnl, k,ra)' .......old. rlr.rr. rillne. a lr kee to lab[ I.rr 1'larl' Ill all, 71... III,;<aold orlrurr ILe, 111-1lrale ul)d ICFlztlallnn ^I
the ,aloe, III, ln..I— l4us al.l'uinleJ %call zncceeJ to all Like IFhlr. 1•uwrq, and Jn llez of the Tausl[e.
1. L'I,'ll A('1'.VN. In ILe c rnl glut late Tnislre IS I n.rJ 1 a .'a IL.Y le any dell aellan at :r,kz4e In Ildr Ie'd nl Tnnl. Ilm Tnnlre shall I
nditicd In knVLn' a allnnkn' al tau'. InrindinC Llu,nrlf 1f Le Ir Ilrnksrd alprn.e)'. to .rl•.nrN LLn lot talk aIII I and Ile rrasknWile nllnn,ryry
Irrr of the Tnnlee n, sn[e ad.m, alrall he Valk by lln¢fciaq aloof eb.me,l E. it. e Nnlc and Xru.rk by Ibla OrrA ^I 'Yru1l -
L..'.IIVII 1.1 ):NS. llela nil nnrler it,, Icons .I any ImUnmenl amvrJ by a Ilea In ¢Llrl, Ihlz Jrtd ul 1.nsl Ice suhou. Lnlf dull lumlllnl[ krlana
Ir,re.kk,J[r.
11 n'ITNC55 t\'..I:Il1:Il Y. Iee Gnvanr Lon I,r,rungo xl IJc Lau.. a,tl nh nr If n^ A', rr zed I)Ja hog...mn,1 la 4e rlu,,.l Lt 11z
nr.mrate rae.e by ifs ,holy aulLmi-d officers auJ Its seal to Ike licktkilo a11I" LIl1i 9[�rtflnaN ur Jlbrrlu.x. V.r kLy mW )rag 4, z1
aim , .team.
I four Pmalt :<amQ r• �` �lvp�.�+__ ____ __ _ _ 1 1 alto
r _ . _ .. ....c .. .
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-- o :70 - tl I .fAR'1'OIJE , (,
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.................................. •,ice
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W ______ __ ______ _ __ _ .. Isl:.11d•
_______ .-S...tlaq" Il'uq,nrale Sall --• -' •
tiE.\45TA.,IP NORTII will IaIA%A, nat'C ---------------------
at I, a \.klara' Puldie of like ('.....,I, au,l .elate alnrr£ald. rrllil; goal. .......... .. . - -
s.....IOSITI1..C. Purrs•rONr--------------------'----------------------- -------- r .........
p.'rvneilly al'I•ram.l 4rinre •nr Ildz nay akd.`rf,n w'Ie.ICed uv exen'llnn nl It,, hnrF•.b.e inzbmmert. U'I,nr.. ,kky
band and .410A A.—., nr.r.n, ILIu%1(,- da>' ..I -
.---'NE::.:.:5.. .._ ..--.•19 a�
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.........
SCAI.SrANP NVInv CAllul.l$A.............. ------------------- C,umY. ' :•
1 a N.da, 1•uhllc of like C)noo'ly and State afm lzald. rlllll; that................................... •^^
N I`v1^rally lame belie, nm ILia ,lay anal aekuewleJFed III# _ he ix trrt•',aq id
A ___ anllkorIII did,
Y ___ _____________________ .. a ..� M1 Cal..l i,ka rk,rPulal in,,. a,,,l ...al IkL
n as xlFr'rd In ilt ,ume by Ida `
'-9 Slvnk any as ILe ael of the nap^ealloa. lbe IuerFula6 b,Slrunrnl - -
u p _______________________ Srrr.lar).
scaled krllll Ili cnrPnrale seal and all,aled by _____ ____ na Ida 1•rulrtrul. -
,Yllnar ny' boon ana nrllrlal sumd ur a..I, IIJc day W. ----------------- ------- If----.. .
✓:.:..i
)q' nmm�iaalnu nyl„s:.-- ______________ "uq" 1•nhbe _ : . lace
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rLe Ln4ubq cerllhralt(s) ul---------------------------------------- ...,
...............................
----------------------------------a- No Ca rY-Y.u1z7aa.of.Aare-G.QiulkY a._NC-------•-------
....................................... ------ ----------------- ------------------------
61+rt c,rlmrd to be Ink...I. 'I'IJI Inkiloole,a ,I, ad, tr, lllinlr .+re duly nelxtrrtd al Ill. ,fah old Iline ark'1 In ILr ILn.4 au,l 1•aFF z4awu an ILr
Ilkal lu F, brrrnl. Dn4.4 ....
.__nrclNnnt a'un---.----- .----.-..--
...........................loll_
._----loll--- ----------------- -loll_

of the Nary V. Daum property aforesaid North 76 deg. 00 min. Last
a distance of 234.53 feet to the live oak marking the point and place
of beginning.
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