10-96 County of Dare

miit Class
Permit Number
NEW
STATE
Department of Env
�h
% Major Developi
pursuant to NC(
_X Excavation and/or
County of Dare, P. O. Box 1000,
authorizing development in Dare County at
Resources
Concern
rant to NCGS 113-229
NC 27954
Dog Point Creek at Blounts Bay, off of SR1227
,as requested in the permittee's application dated 8/18/95 including attached
workplan drawing sheet 1 of 1. "Maintenance Dredging "01WU dated 8/31/95.
This permit, issued on 4 l " , is subject to compliance with the application (where consistent
with the permit), all applicable egulations, 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.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation will be permitted
between February 15 and October 31 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries and the Wildlife
Resources Commission.
2) All excavation will be conducted below the normal water line.
3) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
4) Excavation will not exceed 5 feet below the elevation of mean low water (MI,W).
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 rinsCe weer 17�e�i isy trait expires on
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.
7e',,o- RogffN. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

of Dare Permit #10-96
Page 2 of 2
ADDITIONAL CONDITIONS
5) No vegetated wetlands will be excavated or filled.
Spoil Containment
6) All excavated materials will be confined landward of the normal high water (NHW) elevation
contour within adequate dikes or other retaining structures to prevent spillover of solids into any
vegetated wetlands or surrounding waters.
compliance with water quality standards.
8) The terminal end of the effluent pipe will be positioned at or greater than 50' from any part of
the dike and a maximum distance from the spillway to allow settlement of suspended solids.
9) 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.
10) The exterior. slopes of the disposal area dikes must be at an angle no steeper than 1 1/2 H: 1 V.
11) Appropriate erosion and sedimentation control devices, measures, or structures must be used to
prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence,
diversion swales/berms, sand fence, etc'.).
12) A ground cover sufficient to restrain erosion must be provided within 30 working days of
completion of any phase of grading on cut or filled slopes.
13) The permittee shall maintain a 2' freeboard and at 2:1 ratio of discharge to holding capacity.
This can be accomplished by dredging in two phases with no greater than 700 cu. yards of
dredged material discharged into diked disposal area at any one phase.
14) A 72-hour settling period is required prior to release of effluent into the basin.
15) The spoil will be properly graded and provided with a ground cover sufficient to prevent erosion
within 30 working days of the project completion.
NOTE: Adequate provisions will be taken to assure that the influent/effluent pipe is protected
from possible damage by people or vehicles accessing the adjacent property (north of the
basin).
NOTE: Removal of debris from the canal, including, but not limited to, batteries and boat parts,
should be accomplished during the time that dredging occurs.

State of North Carolina
Department of -Environment,
Health and Natural Resources 1 •
Division of Coastal Management _
James B. Hunt, Jr., Governor r�
Jonathan B. Howes, Secretary C) E H N Fi
Roger N. Schecter, Director
January 19, 1996
County of Dare
Manteo, NC 27954
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.
ery sincerely,
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Mr. George Wood
Environmental Professionals, Inc.
P. O. Box 3368
Kill Devil Hills, NC 27948-3368
Dear Mr. Wood:
E)EHNR
February 16, 1996
,RACE\41b
F t���G�td,ENt
I have reviewed your February 14, 1996 dredging extension request with resource
specialists within both DCM and DMF. After careful consideration of the various agency
opinions I have concluded you have a compelling need for a dredging period extension.
Therefore, I hereby authorize the extension of the dredging season to midnight February 29,
1996 for the projects permitted by CAMA Permits #10-96, #11-96 and #18-96. Any dredging
period extension beyond this date will be water temperature/biological activity dependent.
A copy of this authorization should be attached to each of the affected permits. All other
conditions, notes and deadlines remain in effect.
Best of luck and please keep me informed of your clients progress.
Sincerely,
Richard L. Watts
District Manager
RLW/dc
cc: 4P-.arkerv=,'
P. Pate
H. Johnson
J. Meads, LPO
File
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Actlon Employer 50% recycled/ 10% post -consumer paper

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
h.
City, town, community or landmark
1.
APPLICANT
Colington
c.
Street address or secondary road number
a.
Landowner:
SR 19.17
Name County of Dare
d.
Is proposed work within city limits or planning
jurisdiction? X Yes No
Address P.O. Box 1000
e.
Name of body of water nearest project (e.g. river,
City Manteo State NC creek,
sound, bay) Dog Point k and
Blounts Bay
Zip 27954 Day Phone
Fax
3.
DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b.
Authorized Agent:
Name Fnvironntental Professionals, Tnr.
a.
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address P.O. Box 3368
excavation and/or tilling activities.
maintenance dredging of canal
City Kill Devil Hills Stine NC
Zip 27948 Day Phone [phone]
h.
Is the proposed activity maintenance of an existing
Fax [phone]
project, new work, or both? maintenance
c.
Will the project be for public, private or commercial
c.
Project name (if any) Oregon Inlet Waterways
use? commercial
Commission ( A & B Seafood)
d.
Give x brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE: Pennir will be issued in name rflanelo •ner(s), and/or
project. If more space is needed, please attach
project name.
additional pages. The existing man made
canal will be maintained by hydraulic
dredge to providp arrpss to the pvisting
2.
LOCATION OF PROPOSED
fish house. The spoil will be contained
PROJECT
in the spoil disposal area and will he
smoothed and stabilized after use.
a.
County Dare
'.'-`
!j
—,r--
i,
SEP S -1I,t95
Revised 03/95 { {�

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract +/- 30 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL +/- 3'
d. Soiltype(s) and texture(s) of tract
Udorthents
e. Vegetation on tract _pine trees
in. Describe existing wastewater treatment facilities.
onsite ground absorption
it. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
f. Man-made features now on tract fish house S. ADDITIONAL INFORMATION
and net house
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the heal Iund use plan.)
X Conservation Transitional
Developed Community
Rural Other
It. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in it National Registered
Historic District or dues it involve it National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes —No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? No
(Attach documentation, if available)
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to. scale in black
ink on an 8 1/2" by II" 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 Storanwaler Certification, it one is neces"ly.
• A list of the names and complete addrusscs or the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such ONWICCs
have received a copy of the application and plats
by certified mail. Such landowners must he advised
that they have 30 days in which lu submit eonuncros
on the proposed project to the Division of Coastal
Management. Upon signing this form, the apPlic:mt
further certifies that such notice has been provided.
Name .,,__ W. n,.....,ac
Address P.O. Box 96
Phone Kill Devil Hills, NC 27948
Name Dnuglis Drutom nd
Address 1608 Colinvton Rd
Phone Kill Devil Hills NC 27948
Name joan Kpndrirk
Address 114 Sea Gull Ct.
Phone Kill Devil Hills, NC 27948
• A list of previous slate or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
n GPI, _ 13729 (Feb. -,0, 1995)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the casts of processing the
application.
• A signed AEC hazard notice for Projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure ()['public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
1 certiry 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 18th clay of August , 19 95 -
Print Name George H. Wood
Signauue I rX �i-t4
Landowner or' Awhonzed Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_
DCM MP-4
Structures Information
_
DCM MP-5
Bridges and Culverts
_
DCM MP-6
Mari na,Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
�1
4
SE' 61895
Revised 03/95

EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
till activities. All values to be given in feet.
Access
channel
(h4UV) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilivition)
Revised 03/95
Average Final
E1.XW111g Project
Length Width uepw uepui
+/— —4' —5'
—1125' 27.5' NW NWL
Form DCM-MP-2
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 1 145 83 c. yds.
b. Type of material to be excavated sand and mud
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? X Yes _ No
d. Highgruund excavation in cubic yards N/-
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location o1' disposal area behind fish houses
in parking area
b. Dimensions of disposal area +/- 100' x 85' x 8'
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
ll' yes. where? same area

Form DCM-MP-2
c. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SIiORFLINE STABILIZATION
a. Type of shoreline stabilization N/A
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Sauce of inforamrion)
f. Type of bulkhead or riprap material
g. Amount of till in cubic yards to he placed below
water level
(I) Riprap
(2) 'Bulkhead backtill
h. Type of till material
II' yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of till area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of till area
(2) purpose of till
5. GENERAL
a. How will excavated or till material be kept on site
and erosion controlled? placed in spoil
disposal area
b. What type or construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
hydratilir dr dgp & harkhna
(for dike construction)
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will he taken to lessen
environmental impacts.
i. Source of till material
4. OTHER FILL ACTIVITIES N/A 95-054 County of Dare
Applicant nr rnjecl Name
(Excluding Shoreline Stabilization)
signs m
a. Will fill material be brought to site?
Yes No I)ai��r-,
1,
Revised 03/95 ll, ','' '

l
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County/Oregon Inlet Waterways Commission/A&B Seafood
2. LOCATION OF PROJECT SITE: Adjacent to A&B Seafood, SR 1217, Colington Island, Kill Devil
Hills, Dare County, Dog Point Creek, Kitty Hawk Bay
Photo Index - 1989: 145:3 0-8, 9, 10; P-10; N-7, 8 1984: N/A
State Plane Coordinates - X: 2976400 Y: 840800
3. INVESTIGATION TYPE: CAMA/ D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/20/95
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - 09/20/95
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Limited transition/conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Maintenance dredge for commercial fishing operation
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing - Fish house, net house, crab shedders, dock, 2 single wide
homes, ramp and campground
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Shallow water habitat
34,971 sq. ft.
(C) Other
Upland spoil site
6,006 sq. ft.
(D) Total Area Disturbed: 40,977 sq. ft. (0.94 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Maintenance dredge a basin, canal and channel from SR 1217 into Dog
Point Creek. Current average depth is four feet (4') below NWL, proposed depth is five feet (5')
below NWL. The project is located adjacent to A&B Seafood and Colington Campground on
Colington Island in Dare County.

Dare County/ OIWC/ A&B Seafood
Bio Report
Page 2
Site Descriotion
The project site is adjacent to State Road 1217 on Colington Island, Dare County. The
dredge area extends from A&B Seafood, beside SR 1217, and runs in a northwesterly
direction into Dog Point Creek and accesses the Croatan Sound by way of Kitty Hawk Bay.
The average depth of the canal and channel to be dredged is four feet (4') below NWL. A
connecting depth of five feet (5') was verified during a site visit with the applicant's agent.
The total length of the project area is 1125'. Dominant species found along the bank of the
canal include Cattail LTypha V..), Black Needlerush Juncus roemerianusl, Big Cordgrass
S artinapatens) and Smooth Cordgrass S artina altemiflora).
Spoil material generated from the project will be placed on a high ground site behind A&B
Seafood, between the canal and coastal wetlands. The distance from the canal and the
wetlands is between 115' and 130'. The berm of the disposal site will be 10' from the canal
and a approximately three feet (3') from the edge of the wetlands which is primarily
composed of Big Cordgrass and Black Needlerush. According to the plat submitted, the spoil
site will also be placed over an existing private road that serves as the only access to a single
wide mobile home located on the same property.
Field investigation of the dredge site revealed evidence of submerged aquatic vegetation
(SAV's), more specifically, Widgeon -grass (Ruppia maritima and Eurasian Water-milfoil
ftdgahyllum s icatum . The basin contained the greatest concentration of SAV's, but they
appear to be severely impacted by prop scour from boat traffic.
Located on the property along the southern side of the canal is a large commercial fish house
(A&B Seafood), two single wide mobile homes, a net house, crab shedders and docks.
Across the canal along the north side of the project, at Colington Campground, is a boat
ramp and a dock for recreational use. Several boats are located at the end of the canal, both
floating and submerged. Commercial and household waste was also found in the canal and in
the adjacent wetlands, including vehicle/boat batteries.
Proposed Development
The applicant, Dare County, proposes to hydraulically dredge 1125' of man-made canal and
basin at A&B Seafood into Dog Point Creek to a depth of five feet (5') below NWL.
According to the application`and plan submitted 1,145 cubic yards of spoil will be generated
from the dredge project and placed into a bermed disposal site with a holding capacity of
2,071 cubic yards. The spoil was calculated by taking the average canal width of 27.5', the
length of the project (1,125') and the average depth to be dredged (F). The spoil site holding
capacity was similarly calculated by using the area and depth.
By using a grid system staff determined that 34,971 square feet would be dredged with a

Dare County/ OIWC/ A&B Seafood
Bio Report
Page 3
total of 1,295 cubic yards of spoil. By taking the total amount of spoil and reducing it by 104
cubic yards, to account for the slope on each side of the canal ( [(2.5'x 1,125'xI') - 27] ), a
final total of 1,191 cubic yards was determined. To verify this calculation average widths of
the channel (24') and the canal/ basin (33.2') were taken and multiplied by the length
(1,125') resulting in 32,175 square feet. The total arrived at equalled 1,191 cubic yards of
spoil material as previously determined.
Staff calculated the holding capacity of the spoil site to be 1,334 cubic yards by using a
maximum depth of six feet and an area of 6,006 square feet (See Enclosed Work Sheet).
Although the application indicated an eight foot (8'), depth staff did not feel the berm would
have sufficient strength in the top two feet to retain dredge spoil or prevent backwash
through the influent pipe. By leaving a two foot freeboard a more accurate determination
could be made as to the holding capacity of the disposal site. In either case both the
applicants and staffs resulting figures indicate sufficient holding capacity for the projected
dredge spoil material.
The dredge spoil material will placed between the canal and wetlands behind A&B Seafood.
The site is over an existing road that accesses a single wide mobile home to the rear of the
Beasley property. The owner has indicated that he has no objections to the proposed location
of the spoil site and will make parking arrangements for the residents.
Anticipated Impacts
Approximately 34,971 square feet of shallow water habitat will be disturbed and will result
in the removal of submerged aquatic vegetation during dredging process. The project will
also create localized increases in turbidly. The spoil material will be placed in a high ground
area creating a mound directly adjacent to coastal wetlands increasing runoff into the adjacent
canal and wetlands.
The project is designed to improve access to a commercial fish house and a recreational
campground. In 1980 a CAMA Major Permit (#109-80) was issued to dragline the canal to a
depth of six feet (6') below NWL. A second permit (#205-85) was issued to dragline the
canal to six feet (6') in 1985. Spoil from both projects was placed on high ground area
behind A&B Seafood. Depths in the basin were verified as being between four feet (4') and
seven feet (7'). Effluent will be piped into the retention area until all suspended solids have
settled, at which time the water will be drained back into the canal. No specific information
was submitted indicating settling time prior to reintroduction of the effluent into the canal.
A similar project is being considered near A&B Seafood on Colington Island. Dare County
and the Oregon Inlet Waterways Commission have submitted plans to dredge a basin and
channel located between two properties, belonging to Vernon Perry and Charles Nunemaker,

Dare County/OIWC/A&B Seafood
Bio Report
Page 4adjacent to Colington Crab Company.
riparian property to the Perry/Nunemaker site.
CAMA Review
A&B Seafood is located on property that is a
Dog Point Creek and the canal in question are classified as "joint waters" by the Wildlife
Resource Commission and Marine Fisheries, while water in the project area is classified as
SC by the Division of Environmental Management. No primary or secondary nurseries are
located in or near Dog Point Creek. The project is located in public trust water (PT),
estuarine water (EW) and estuarine shoreline (ES) , all of which are areas of environmental
concern.
The 1994 Dare County Land Use Plan classifies unincorporated areas located in CAMA
AEC's, such as public trust waters and wetlands, as "Conservation". The purpose of the
conservation class is to provide for the long term management and protection of significant,
limited or irreplaceable areas. The high ground area where the spoil material will be placed
is classified as "Limited Transition". The purpose of the Limited Transition class is to
provide for developed areas that have some services, but suitable for lower densities in areas
.that are geographically remote from existing towns and municipalities Dare County does
advocate routine maintenance of all existing navigable channels and will work to secure
permit authorization whenever possible (p. 89). The county also supports the preservation
and protection of the public's right to access and use public trust waters (p. 54).
Review of available information and a field investigation indicates that no unique remnant
species, geologic formations or archeological sites are know to be involved with this site.
Submitted by: Lynn W. Mathis
Date: September 25, 1995

-2-
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
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
RECEIVEp
OAR 6 1996
'COASrAL
MANAGEMENT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
February 29, 1996
Regulatory Branch
Action ID No. 199506069 and State Permit No. 10-96
Dare County/A&B Seafood
Post Office Box 1000
Manteo, North Carolina 27954
Dear Sir:
Reference your application for a Department of the Army (DA) permit
to undertake maintenance excavation in a man-made access channel and basin,
located adjacent to Kitty Hawk Bay and Dog Point Creek, off State Road 1217,
Colington Island, Kill Devil Hills, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore,
you may commence construction activity in strict accordance with applicable
State authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action
is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland
Regulatory Project Manager
Enclosure
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECOR
A) APPLICANT: Dare County/OIWC/A & B Seafood COUNTY: Dare
LOCATION OF PROJECT: Adjacent to A & B Seafood, SR 1217, Colington Island, Kill Devil
Hills, Dog Point Creek, Kitty Hawk Bay
DATE APPLICATION RECEIVED COMPLETE BY FIELD: September 20, 1995
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - Yes
FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: xuc) 4'�,7G/QS
B) DATE APPLICATION RECEIVED I EIGH:-rFEE REC'D: $
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON: t O --s
C) 75 DAY DEADLINE: _ ! — 150 DAY DEADLINE:
MAIL OUT DATE: ��^ S� STATE DUE DATE: —
FEDERAL DUE DATE: �� ' S' FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE �_ DENY DRAFT ON /_ 9 _.9 6
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
v. o mmunity Assistance
Land Quality Section
7f _
Div. of Env. Management
L
State Property Office
Div. of Archives & History
W
Div. of Env. Health
Div. of Highways
J
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: John Parker
FROM: Lynn W. Mathis
1WA
, a
0)A
IDEHNFR
SUBJECT: Recommendations for Dare County/OIWC/A&B Seafood
DATE: September 25, 1995
Submerged aquatic vegetation is present within the project area, more specifically in the canal
and basin. It is evident that it has been severely impacted by prop scour from boat traffic, due
to the shallow waters. The overall impact on SAV's in the basin appear to be insignificant given
current conditions. There is also documentation of previous permits being issued to mamtenance
dredge the canal and basin in question. I would like to recommend approval of the request with
the following conditions:
1) In order to protect juvenile s. hDmp and m is p lations, no excavation will be
permitted between Febniary t and oany year without the prior
approval of the Division of Coastal Management, in consultation with the Division
of Marine Fisheries.O.A -kk, VO&4Q , Cw.,,_ tr�
r
3 2) The temporary placement of double -handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
3) All excavated material shall be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining
structures to prevent spill -over of solids into any marsh or surrounding water.
4) No excavated or fill material will be placed at any time, in any marsh or
surrounding waters, outside the alignment of the fill area indicated on the
workplat.
5) All excavation will be conducted below the normal water line.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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6) The terminal end of the influent pipe will be positioned at or greater that 50' from
any part of the dike and a maximum distance from the spillway to allow settlement
of suspended solids.
7 7) A water control structure shall be installed at the intake end of the effluent pipe
to assure compliance with water quality standards.
k 8) Adequate provisions will be taken to assure that the influent/ effluent pipe is
protected from possible damaged by people or vehicles accessing the adjacent
property (north of the basin).
S' 9) The spoil will be properly graded and provided with a ground cover sufficient to
prevent erosion within 30 working days of the project completion.
10) Removal of debris from the canal, including but not limited to batteries and boat
parts, should be accomplished during the time that dredging occurs.

State of North Carolina
Health and Natural Resources
Division at Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 5, 1995
MEMORANDUM
A4
E NR
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
I EO
R
QC.r 27 1995
1A1tAGil"T
FROM: John Parker, Jr. �=
Major Permits Processing Coordinator
SUBJECT: CAMA/DRLW%ILLPermlit Application Review
APPLICANT: Dare CounSeafood
PROJECT LOCATION: Colington Island, KDH, Dog Point Creek, Dare County
ROPOSED PROJECT: To maintenace dredge a basin, canal, and channel.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by October 27, 1995. 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
Coo..7i..6. Date ID—o2b —q5-'
N CM1 k-
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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® North Carolina Wildlife Resources Commission K�
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: WL William Wescott, Coastal Coordinator
Habitat Conservation Program
DATE: October 26, 1995
SUBJECT: CAMA/Dredge and Fill Permit Application for A & B Seafood, Dog Point Creek,
Colington Island, Dare County.
Staff biologists with the Wildlife Resources Commission have completed a review of the
project with regards to associated impacts on wildlife and fishery resources in the area. A site
visit was conducted on October 25, 1995. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to maintenance dredge an 34,971 ftZ man-made canal/basin and
channel into Dog Point Creek. The project will produce approximately 1,191 cubic yards of spoil
material that will be disposed of onsite. Waters at the project site are classified as SC and are
closed to shellfishing. There are extensive areas of submerged aquatic vegetation (SAV) at and
adjacent to the project site.
The Division of Coastal Management has determined that the project will have a
significant impact on submerged aquatic vegetation (SAVs) at the project site. Widgeon -grass
and Eurasian water-milfoil are located around the perimeter of the basin, and in the existing
channel.

A & B Seafood 2 October 26, 1995
Two other dredging projects (Kitty Hawk Canal and Nunemaker Seafood) were reviewed
within the last two weeks. All three projects are in close proximity to one another and
cumulatively will impact approximately 462,000 fC of shallow water habitat. Dredging will
adversely effect water quality by significantly increasing turbidity. Because of the direct removal
of submerged aquatic vegetation during the project, and the potential to significantly increase
turbidity, we request that a dredge moratorium be implemented from March 1 to September 30.
Impacts to fishery resources may be minimized if work is prohibited during this critical spawning
and rearing period. If the moratorium is considered unacceptable then a silt boom should be
installed across the mouth of the canal prior to dredging and remain for 72 hours after dredging is
completed.
Construction of the spoil disposal site should be adequate to insure no sediment entry into
adjacent wetlands. A water shut-off valve should be included, and should remain closed while the
sediment/water slurry is pumped into the spoil disposal area. In order to allow settling of
suspended sediments, the shut-off valve should remain closed for a minimum of 72 hours before
release of effluent water into Dog Point Creek via the canal.
We appreciate the opportunity to review and comment on this project. If you need further
assistance or additional information, please contact William Wescott at [phone].

k�
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
September 27, 1995
1, IS
WA
1DEHNFR
MEMORANDUM
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dare County/OIWC/A & Seafood
Project Location: . lace t to A & B Seafo d, SR 1217, Colington Island, Kill Devil
Hills, a County, Dog -
Hills, Creek, Kitty Hawk Bay
Proposed Project: Maintenance dredge a basin, canal and channel from SR 1217 into Dog
Point Creek. Current average depth is four feet (41) below NWL,
proposed depth is five feet (51) below NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 18, 1995. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis 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
attached comments.
Signe%`" .�1saJU2 Date / V - %L
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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• r--A
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor E
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM:
TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator
THROUGH: Maury Wolff, Permit Coordinator \\
FROM: Sara E. Winslow, Biologist Supervisor,/.dT'L`� I L
SUBJECT: Dare County - OIWC - A & B Seafood
DATE: October 13, 1995
The following comments by the North Carolina Division of Marine Fisheries are
provided pursuant to General Statute 113-131.
Blounts Bay and Dog Point Creek functions as; a nursery area for spot, croaker,
flounder, weakfish, blue crabs, shrimp and other commercially and recreationally important
species. Extensive blue crab shedding operations exist throughout the area, as well as
commercial and recreational fisheries.
The Division is concerned with the impacts to 34,971 sq. ft. of shallow water habitat,
even though this is maintenance dredging. Significant turbidity will result from the dredging,
which could impact fish and invertebrates in the area. Depending on the time of dredging
soft crab shedding operations could also be impacted due to turbidity. The proposed depth of
the basin and man-made canal (-5' NWL) should not exceed the connecting depth. This
agency is also concerned with additional sloughing off of the wetlands along the canal as a
result of the dredging. The Division requests a dredging moratorium associated with the
maintenance excavation. The requested time frame is 15 February through 30 September.
This will ensure that the environmental integrity of the area is protected during critical times
of usage by the previously mentioned species.
Concern is also expressed with the loss and/or impacts to SAV's, as a result of the
proposed project. The importance of SAV's to fmfish and invertebrate production and
serving as habitat is well documented. An assessment of the SAV's should be made prior to
excavation.
M�
This agency is concerned with the location of the spoil disposal site. The berm is to
be located within 10 ft. of the canal and 3 ft. of the coastal wetlands. Extreme caution must
be taken to ensure that no fill is placed in the canal or within the wetlands. Adequate settling
time must occur within the spoil disposal site to assure that the effluent is free of turbidity.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
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7
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
September 27, 1995
mAja
5
E:)EHNFR
MEMORANDUM
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dare County/OL&B
B Seafood
Project Location: Adjac neafood, 1217, Colington Island, Kill Devil Hills,
Dare Cg Point Creek, Kitty Hawk Bay
Proposed Project: Maintenance dredge a basin, canal and channel from SR 1217 into Dog
Point Creek. Current average depth is four feet (4') below NWL,
proposed depth is five feet (5') below NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 18, 1995. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis 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.
_his 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
�c^ommmments .
Signed �'i"/` GCj�ys� Date l%
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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MEMORANDUM
TO:
FROM:
SUBJECT:
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
z
John R. Parker, Jr./Stephen Benton
Major Permits Processing Section
Division of Coastal Management
Patrick H. McClain ** _
Assistant Land Quality Regional Engineer
Washington Regional Office
This office will require that:
1. The area be properly graded.
2. A permanent ground cover sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
° --�'3. The exterior slopes of the disposal area dikes be at an
angle no steeper than 1 1/2 H: 1 V.
/4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berms,
sand fence, etc.).
��— ✓5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
8. Other:

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
RECEDED
OCT 04 1995
ENI'�RONA1ENTq VSCiENCES
September 27, 1995
1DEHNFR
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Dare County/OIWC/A & B Seafood
RECENED
WASHINGTON OFFICE
OCT p 2 1995
D. E 1N.
Project Location: Adjacent A & B Seafood, SR 1217, Colington Island, Kill Devil Hills,
Dare County, Dog Point Creek, Kitty Hawk Bay
Proposed Project: Maintenance dredge a basin, canal and channel from SR 1217 into Dog
Point Creek. Current average depth is four feet (4') below NWL,
proposed depth is five feet (5') below NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 18, 1995. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis 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 obiects to the project for reasons described in the
Signed
Date 142, k s�
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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P.
State of North Carolina
Department of Environment,
Health and Natural Resources AT*A
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ED E H N F=1
A. Preston Howard, Jr., P.E., Director
August 17, 1995
JAN ,2
1996
00 1AAJfALI.
MEMO
To: John Parker, DCM
From: John Domey, DEOPO
Re: DEM review of C AMA Project Dare County/OIWC -
A & B Seafood
Dare County
DEM # 951072
DEM has no objections to the planned dredging of this canal, basin and channel. In
order to maintain a 2 foot freeboard and a 2:1 ratio of discharge to holding capacity in the
upland diked disposal basin, the applicant should dredge in two phases of about 600 cubic
yards each.
Please call me at 733-1786 if you have any questions.
cc: Washington DEM Regional Office
Central Files
George Wood
951072.dcm
P.O. Box 29535, Raleigh, North Carolina 27626-05M Telephone [phone] FAX [phone]
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I
" State of North arolina
Department of Environment,
�1 Health and Natural Resources
UV Division of Coastal Nkanagement
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
PROJECT LOCATION:
October 5, 1995
L*A
[DEHNR
Ms. Linda Sewall
Director
Division of Environmental Health
John Parker, Jr.
Major Permits Processing Coordinator
RECEIvPn
OCT 6 1995
DIV. C� EP 'RO N"Ft4TAL HEM TP
CAMA/DREDGE & FILL Permit Application Review
Dare
CoUngton
PROPOSED PROJECT: To maintenance
A&B
KDH, Dog Point Creek, Dare County.
a basin, canal, and channel.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 27, 1995. 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.
I/ This agency approves of the project, only if the recommen .,+r,let(
changes are r orporated. See attached. — 40 �� c
�r.�ycud r. 9 U? d -e rrU 6¢� rrx�OG.�c r'�jC» Od cz,,
This agency objects to the project for reasons described in tie /i
attached comments.
/t>Giu f
SignedG'�
�/. 3li1 �e c%xe. cr�r,l; ��'mrcc:
Date
L7`ta aC4..�d,�
P.O. Box 27687, Raleigh. North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
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Im
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
October 9, 1995
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
AOO
E:)EHNR
SUBJECT: CAMA/Dredge and Fill Permit Application Review
APPLICANT: Dare County/OIWC/A & B Seafood
PROJECT LOCATION: Adj. to A & B Seafood, SR1217, Dog Point Creek., KDH, Dare
County.
PROPOSED PROJECT: To maintenance dredge a basin, canal and channel from SR1217
into Dog Point Creek.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used
only for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
Signed -5;;;� Date
c
rlc2_�
o AW,yr -<fT <NTo 4 4dB S oe.ifao0.. 17f.r Oeo X&?84 //rz S/ cow vE fJ
P.O. Box 687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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State of North Carolina
'Department of Environment,
Health and Natural Resources
'Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
MEMORANDUM
TO -
FROM:
SUBJECT:
APPLICANT:
October 5, 1995
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
A&
E)EHNFlit
John Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Dare
PROJECT LOCATION: Colington Island, `I�DH, Dog Point Creek, Dare County.
PROPOSED PROJECT: To maintenance dredggee a basin, canal, and channel.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 27, 1995. 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/�,,/—I / WV,_ Date (01 D$j
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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.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
October 5. 1995
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
A&4
Ad
IDEHNR
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Dare County/OIWC & B ood
PROJECT LOCATION: Colington Island, , Dog Point C k, Dare County.
PROPOSED PROJECT: To maintenance dredge a basin, canal, and channel.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 27, 1995. 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.
REPLYy '✓ 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
a hed fomments.
Signed
__0 - N
to the project for reasons described in the
Date O / 9S'
P.O. Box 27687, Rdeigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
bivision of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 5, 1995
MEMORANDUM
A74• �'
EDFEE HNF1
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: Dare County/OIWC/A & B Seafood
PROJECT LOCATION: Colington Is and, KDH, Dog Point Creek, Dare County.
PROPOSED PROJECT: To maintenance dredge a basin, canal, and channel.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 27, 1995. 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.
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 y S
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF November 30, 1995
Regulatory Branch
Action ID No. 199506069
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 Dare County/A&B Seafood for a Department of
the Army (DA) permit to undertake maintenance excavation in a man-made access
channel and basin, located adjacent to Kitty Hawk Bay and .Dog Point Creek, off
State Road 1217, Colington Island, Kill Devil Hills, 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:
�f 1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2- All excavated materials will be confined landward of the mean high
(} water (MHW) elevation contour within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
\ 3. The terminal end of the pipeline from the dredge into the diked
V retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
S' 4. No vegetated wetlands will be excavated or filled.
5. Excavation will not exceed 5 feet below the elevation of mean low
water (MLW).
6. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
7. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable' waters of the United States.

-2-
8. The permittee will maintain the authorized work in good condition and
`1) in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
9. 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 yxta.Eed—as•tr-ou« •�:er_s-byr
the Ni-rth—€�na— i-*,i zon—of—Environmenta —Management—fNCDEM*,, 25 NTU's or
less in all saltwater classes
are not considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Ralei�d
Project Manager
Regulatory Branch
Copies Fu"rnished:
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516

-3-
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
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

REPLY 70
ATTENTION OF
Regulatory Branch
Action M.
Mr. Larry Hardy
National Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
O,4,L, it Iss
Carolina 28516
Applicant
Ms. L. K. (Mike) Gantt
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
OA
Mr. John Parker 1ti�
Division of Coastal Management R�� . ICU
North Carolina Department of 0 4 198�
Environment, Health and CT
Natural Resources AL
Post Office Box 27687 �: AGEMENJ
Raleiah. North Carolina 27611- 7
LA-V
Regional Office
Division of Co stal Management
North Carolina Department of
Environment, Health and
a ur esclrc
a
nA 11ul
Gentlemen:
Pursuant to Action ID No. 198000291, the LAMA -Corps general permit/processing
agreement, a State Field Investigation Report is enc1 e{L Your comments and/or
recommendations would be appreciated on or before 15a; U&' 11 191S
Questions or comments ay be addressed to T i4 a el, Alas, e
Regulatory Branch, , — Field Office, telephone (1111) 9'1��
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 29402-1890
PLY TO
�ETrENTONOF October 20, 1995
Regulatory Branch
Action ID No. 199506069
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
Enclosed is the application of Dare County/A & B Seafood for
Department of the Army (DA) authorization and a State Water Quality
Certification to undertake maintenance excavation within a man-made
access channel and basin, located adjacent to Kitty Hawk Bay and Dog
Point Creek, off State Road 1217, Colington Island, Kill Devil Hills,
Dare County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401
of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases,
60 days after receipt of a request for certification is a reasonable
time for State action. Therefore, if you have not acted on the request,
or asked for an extension of time, by December 18, 1995, 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 4.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
OCT41995
COASM
MpMAGEME%1

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
/North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Watts
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 US 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 October 6, 1995
ATTENTION OF
Regulatory Branch
Action ID No. 199506069
County of Darle
A & B Seafood
Post Office Box 1000
Manteo, North Carolina 27954
Dear Sirs:
On February 11, 1991, we renewed General Permit No. 1980002>
alk
(copy enclosed), which provides Federal authorization for construdtlion
activities that receive authorization from the State of North Carolina.
A review of your application received October 2, 1995, for
Department of the Army (DA) authorization to undertake maintenance
excavation in a man-made access channel and basin, located adjacent
to Kitty Hawk Bay and Dog Point Creek, off State Road 1217, Colington
Island, Kill Devil Hills, 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.
On February 6, 1990, the DA and the U. S. Environmental Protection
Agency (EPA) signed a memorandum of agreement (MOA) establishing
procedures to determine the type and level of mitigation necessary to
comply with the Clean Water Act Section 404 (b)(1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through
the selection of the least damaging, practicable alternative; second,
taking appropriate and practical steps to minimize impacts on waters
and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practicable. To enable us to
process your application in full compliance with this MOA, we request
that you provide the following additional information:

dAI
a. Permits for work within wetlands or other special aquatic sites
are available only if the proposed work is the least environmentally
damaging, practicable alternative. Please furnish information regarding
any other alternatives, including upland alternatives, to the work for
which you have applied and provide justification that your selected plan
is the least damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and
practicable steps to minimize wetland losses. Please indicate all that
you have done, especially regarding development and modification of plans
and proposed construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practicable mitigation
will be required for all unavoidable adverse impacts remaining after all
appropriate and practicable minimization has been employed. Please
indicate your plan to mitigate for the projected, unavoidable loss of
waters -or wetlands or provide information as to the absence of any such
appropriate and practicable measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by November 6, 1995. Also,
a copy of this information must be sent to the North Carolina Division
of Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of
the Clean Water Act.
Your application, pursuant to Section 10
Act and Section 404 of the Clean Water Act, has
ID No. 199506069 and will be coordinated by Mr.
Washington Regulatory Field Office. Mr. Bland
[phone], extension 4.
Sincerely,
of the River and Harbor
s been assigned Action
Raleigh Bland in our
is available at telephone
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. Larry Hardy
Dij�ision of Coastal Management National Marine Fisheries service
IL6rth Carolina Department of Environment, Habitat Conservation Division
V/ Health, and Natural Resources Pivers Island
Post Office Box 27687 Beaufort, North Carolina 28516
Raleigh, North Carolina 27611-7687

-3-
Mr. John Dorney Mr. Thomas Welborn, Chief
Water Quality Section Wetlands Regulatory Section - Region IV
Division of Environmental Wetlands, Oceans and Watersheds Branch
Management U.S. Environmental Protection Agency
North Carolina Department of 345 Courtland Street
Environment, Health and Atlanta, Georgia 30365
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Richard Watts
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

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4� °T QREGON `INLET WATERWAYS" COMMIS
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39 s/a' PROPOSED DEPTH 5',NWL'
40 t /41 LENGTH OF; CANAL ,* 1';126' KILL DEVIL HILLS DARE COUNTY', NORTH CAI
GENERATED 45.830CLI77DS. '
42+/�a'1 I'', $POIL?!)I$POSAL;AREA;CAPACITY. 2,071,CU.•YDS SCALE: 1"
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COUNTY ORTHOPHOTO MAP
441
.�,,o ry Min) eat noi 'DATE: 8/P.O. BOX 3368 0239

State of North Carolina
Department of Environment,
Health and Natural Resources / t09A
Division of Coastal Management _
James B. Hunt, Jr., Governor r�
Jonathan B. Howes, Secretary ID E v---i N F1
Roger N. Schecter, Director
December 8, 1995
Mr. Robert Williams, Chairman
Oregon Inlet Waterways Commission
County of Dare
P. O. Box 1000
Manteo, NC 27954
Dear Sir:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and State Dredge and Fill permit to carry out construction on property
located adjacent A & B Seafood, SR1217, Colington Island, Dog Point Creek, in Dare County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary
that the standard review time be extended. An additional 75 days is provided by G.S. 113A-
122(c) which would make FPhn 1U6L1, 6 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact this office.
Very sincerely,
Jo . Parker, Jr
Major Permits Processing Coordinator
JRP: jr/aw
cc: Lynn Mathis
DCM--Elizabeth City
P.O. Box 27687. Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%postcorsumer paper

State of North Carolina R 21
Department of Environment, NINAA
Health and Natural Resources •
Division of Coastal Management
A 9 0 AN �&l
James B. Hunt, Jr., Governor 0 E H N FR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 27, 1995
Mr. Robert Williams, Chairman
Oregon Inlet Waterways Commission
P. O. Box 1000
Manteo, NC 27954
Dear Mr. Williams:
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of property located adjacent to A & B Seafood, SR 1217,
Colington Island, Kill Devil Hills, Dare County, Dog Point Creek, Kitty Hawk Bay. It was
received on September 20, 1995, and appears to be adequate for processing at this time. The
projected deadline for making a decision is December 4, 1995. 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 -consumer paper

September 27, 1995
Page #2
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Lynn W. Mathis
Field Representative III
LWM/dc
Enclosure
cc: John Parker
Richard L. Watts
George Wood

NOTI(040'p],41A
CAMA PERMIT
APPLIED FOR
PROJECT: The applicant proposes to maintenance dredge a basin, canal and channel
from Sr 1217 into Dog Point Creek. Current average depth is four feet (4')
below NWL, proposed depth is five feet (5') below NWL.
COMMENTS ACCEPTED THROUGH October 24, 1995
APPLICANT:
Robert Williams, Chairman
Dare County -Oregon Inlet Waterways Com. Y
P. 0. Box 1000
anteo, NC 27954
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Lynn W. Mathis
Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909

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EMONMUMPBOFFSSIONALS, INC,
Planning for a better environment
[phone]
September 01, 1995
Mr. Allen W. Beasley
PO Box 96
Kill Devil Hills, NC 27948
Dear Mr. Beasley:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access canal and basin which is adjacent to
your property in Colington, NC. Should you have questions or comment regarding
the proposed project please contact me or the North Carolina Division of Coastal
Management. I appreciate your consideration of this matter.
Sincerely,
- Oew
George H.
Wood, CEP
P.O. 80X 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

DMONMIIVMPBOFMOM INC.
Planning for a better environment
[phone]
September 01, 1995
Ms. Joan Kendrick
114 Sea Gull Court
Kill .Devil Hills, NC 27948
Dear Ms. Kendrick:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access canal and basin which is adjacent to
your property in Colington, NC. Should you have questions or comment regarding
the proposed project please contact me or the North Carolina Division of Coastal
Management. I appreciate your consideration of this matter.
Sincerely, /
/J•
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENVIRONMQVTAL PROFFSSIONAIS, INC.
Planning for a better environment
[phone]
September 01, 1995
Mr. and Mrs. Douglas M. Drummond
1608 Colington Road
Kill Devil Hills, NC 27948
Dear Mr. and Mrs. Drummond:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access canal and basin which is adjacent to
your property in Colington, NC. Should you have questions or comment regarding
the proposed project please contact me or the North Carolina Division of Coastal
Management. I appreciate your consideration of this matter.
Sincerely, 1
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENVIRONWNALhOFMOM Ixc
Planning for a better environment
[phone]
I, James Louis Beasley, have no objections to the Dare County Oregon Inlet
Waterway's Commission dredging the basin which is adjacent to A&B Fish House in
Colington. Furthermore, I give Oregon Inlet Waterway's Commission permission to
place the spoils on my property. I assume no liability for the excavation or the
placement of the spoil material.
Authorization:
(Ames Lewis Beasley Date
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8
S1 -DS

EMOMMTAL PROFESSIONALS, INC,
Planning for a better environment
[phone]
August 31, 1995
This letter gives Environmental Professionals, Inc., authority to apply for permits on
behalf of the Oregon Inlet and Waterways Commission.
s1
Signature Date
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

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