9-96 County of Dare

Permit -Class
Permit Number
STATE
Department of Envi
r
Resources
Liu
P�_111�
X Major Developmentm an Area ofEnv_iionmental Concern
pursuant to NCG$ 113A`118
�Un8
Excavation and/or filling puisiiant to NCGS 113-229
Issued to County of Dare, P. O. Box 10009 Manteo, NC 27954
authorizing development in
Dare
County at Kitty Hawk Bay & Kitty Hawk Canal to SR1207
as requested in the permittee's application dated 8/24/95, including attached work
plan drawings, sheets 1-4 of 4, "Maritime ... High Br. to Kitty Hawk Bay" dated 2/16/95.
This permit, issued on / /7/Re, is subject to compliance with the application (where consistent
with the permit), all applicab a regulations, special conditions and notes set forth below. -Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
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) Excavation shall not exceed 5 feet below the elevation of NWL to avoid being deeper than the
existing water depths at a point 400 ft. off shore. A Division of Coastal Management staff
representative shall establish a NWL benchmark prior to any excavation within Public Trust
waters.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when thepermit 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.
00-1
fmiA<oger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

County of Dare Permit #9-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall temporarily delineate with stakes, the authorized channel to be excavated.
This area shall be examined and verified by a staff representative of the Division of Coastal
Management prior to any excavation within Public Trust Waters.
4) After dredge channel alignment has been confirmed, the permittee shall begin excavation at the
Kitty Hawk Bay and Kitty Hawk Canal confluence and proceed up Kitty Hawk Canal to the
north project limit at the High Bridge Creek basin, an approximate distance of 11,400 ft.
5) The temporary placement or double -handling of excavated or fill materials is not authorized
within state waters or vegetated wetlands.
6) All excavation will be conducted below the elevation of normal water level (NWL).
Spoil Containment
7) All fill and/or excavated materials will be confined above the NWL and landward of regularly
or irregularly flooded marsh or vegetated wetlands behind adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
8) The diked spoil disposal area will be constructed a sufficient distance from the NWL or any
marsh to eliminate the possibility of dike erosion into or upon any marsh, wetlands or
surrounding waters.
9) The spoil disposal area effluent will be contained by pipe, trough, or similar device to a
discharge point at or beyond the NWL to prevent gully erosion and unnecessary siltation.
10) A water control structure will be installed at the intake end of the effluent pipe to control
effluent discharge and assure compliance with quality standards.
11) The terminal end of the influent pipeline will be positioned at or greater than fifty feet (50')
from any part of the dike and a maximum distance from the effluent spillway to allow for
maximum settlement of suspended solids.
12) The spoil disposal area will be properly graded and provided a ground cover sufficient to
restrain erosion within thirty (30) working days after dike grade completion or project
completion.
13) The permittee shall maintain a 2' freeboard and a 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.

PermitClass
NEW
PermitNumber
STATE
Department of Envi
Resources
x�
.yl ;l ' for�u ,
X Major Developmimt ih an`A7ea'of Etiv_'ironmental Concern
pursuant to NCGS. 113A-'118
Excavation and/or filling pursuant to NCGS 113-229
Issued to County of Dare, P. O. Box 1000, Manteo, NC 27954
authorizing development in Dare County at
Kitty Hawk Bay & Kitty Hawk Canal to SR1207
as requested in the permittee's application dated 8/24/95, including attached work
plan drawings, sheets 1-4 of 4, "Maritime ... High Br. to Kitty Hawk Bay" dated 2/16/95.
This permit, issued on / �gulations,
is subject to compliance with the application (where consistent
with the permit), all applicab arspecial 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 ftnfish 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) Excavation shall not exceed 5 feet below the elevation of NWL to avoid being deeper than the
existing water depths at a point 400 ft. off shore. A Division of Coastal Management staff
representative shall establish a NWL benchmark prior to any excavation within Public Trust
waters.
(See attached sheet for Additional Conditions)
This permiCaction may be appealed by the pemtittee 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 emtit 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.
Amy g06gerN. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

County of Dare Permit N9-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall temporarily delineate with stakes, the authorized channel to be excavated.
This area shall be examined and verified by a staff representative of the Division of Coastal
Management prior to any excavation within Public Trust Waters.
4) After dredge channel alignment has been confirmed, the permittee shall begin excavation at the
Kitty Hawk Bay and Kitty Hawk Canal confluence and proceed up Kitty Hawk Canal to the
north project limit at the High Bridge Creek basin, an approximate distance of 11,40.0 ft.
5) The temporary placement or double -handling of excavated or fill materials is not authorized
within state waters or vegetated wetlands.
6) All excavation. will be conducted below the elevation of normal water level (NWL).
Spoil Containment
7) All fill and/or excavated materials will be confined above the NWL and landward of regularly
or irregularly flooded marsh or vegetated wetlands behind adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
8) The diked spoil disposal area will be constructed a sufficient distance from the NWL or any
_marsh to eliminate the possibility of dike erosion into or upon any marsh, wetlands or
surrounding waters.
9) The spoil disposal area effluent will be contained by pipe, trough, or similar device to a
discharge point at or beyond the NWL to prevent gully erosion and unnecessary siltation.
10) A water control structure will be installed at the intake end of the effluent pipe to control
effluent discharge and assure compliance with quality standards.
11) The terminal end of the influent pipeline will be positioned at or greater than fifty feet (50').
from any part of the dike and a maximum distance from the effluent spillway to allow for
maximum settlement of suspended solids.
12) The spoil disposal area will be properly graded and provided a ground cover sufficient to
restrain erosion within thirty (30) working days after dike grade completion or project
completion.
13) The permittee shall maintain a 2' freeboard and a 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.

Permit Class
PemitNumber
STATE
Department of Env
Resources
Major DevelopmerrCm an tY*a ofEn_v_tronmental Concern
pursuant to NCGS 113A
QUATA
K Excavation and/or Slliiig piisuant to NCGS 113-229
Issued to County of Dare, P. O. Box 1000; Manteo, NC 27954
authorizing development in
Dare
County at Kitty Hawk Bay & Kitty Hawk Canal to SR1207
as requested in the pemittee's application dated 8/24/95, including attached work
plan drawings, sheets 1-4 of 4, "Maritime ... High Br. to Kitty Hawk Bay" dated 2/16/95.
This permit, issued on is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
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) Excavation shall not exceed 5 feet below the elevation of NWL to avoid being deeper than the
existing water depths at a point 400 ft. off shore. A Division of Coastal Management staff
representative shall establish a NWL benchmark prior to any excavation within Public Trust
waters.
(See attached sheet for Additional Conditions)
This permit —action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the ermit 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.
ogerN. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

County of Dare Permit #9-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall temporarily delineate with stakes, the authorized channel to be excavated.
This area shall be examined and verified by a staff representative of the Division of Coastal
Management prior to any excavation within Public Trust Waters.
4) After dredge channel alignment has been confirmed, the permittee shall begin excavation at the
Kitty Hawk Bay and Kitty Hawk Canal confluence and proceed up Kitty Hawk Canal to the
north project limit at the High Bridge Creek basin, an approximate distance of 11,400 ft.
5) The temporary placement or double -handling of excavated or fill materials is not authorized
within state waters or vegetated wetlands.
6) All excavation will be conducted below the elevation of normal water level (NWL).
Spoil Containment
7) All fill and/or excavated materials will be confined above the NWL and landward of regularly
or irregularly flooded marsh or vegetated wetlands behind adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
8) The diked spoil disposal area will be constructed a sufficient distance.from the NWL or any
marsh to eliminate the possibility of dike erosion into or upon any marsh, wetlands or
surrounding waters.
9) The spoil disposal area effluent will be contained by pipe, trough, or similar device to a
discharge point at or beyond the NWL to prevent gully erosion and unnecessary siltation.
10) A water control structure will be installed at the intake end of the effluent pipe to control
effluent discharge and assure compliance with quality standards.
11) The terminal end of the influent pipeline will be positioned at or greater than fifty feet (50')
from any part of the dike and a maximum distance from the effluent spillway to allow for
maximum settlement of suspended solids.
12) The spoil disposal area will be properly graded and provided a ground cover sufficient to
restrain erosion within thirty (30) working days after dike grade completion or project
completion.
13) The permittee shall maintain a 2' freeboard and a 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.

Permit Class
NEW
Permit Number
STATE OF NO TA=,CAROLINA
1,
Departmentof Environment Healtfi & Natural Resources
Coastal, k'esources,Cor m scion
0
% Major Development m an Areaof Envitonmental Concern
pursuant to NCG$
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to County of Dare, P. O. Box 1000, Manteo, NC 27954
authorizing development in
Dare
County at Kitty Hawk Bay & Kitty Hawk Canal to SR1207
as requested in the permittee's application dated 8/24/95, including attached work
plan drawings, sheets 1-4 of 4, "Maritime ... High Br. to Kitty Hawk Bay" dated 2/16/95.
This permit, issued on / /7 is subject to compliance with the application (where consistent
with the permit), all applicab a regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
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) Excavation shall not exceed 5 feet below the elevation of NWL to avoid being deeper than the
existing water depths at a point 400 ft. off shore. A Division of Coastal Management staff
representative shall establish a NWL benchmark prior to any excavation within Public Trust
waters.
(See attached sheet for Additional Conditions)
This permit -action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the nermit expires on
December 31, 19999
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.
oger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

County of Dare Permit #9-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall temporarily delineate with stakes, the authorized channel to be excavated.
This area shall be examined and verified by a staff representative of the Division of Coastal
Management prior to any excavation within Public Trust Waters.
4) After dredge channel alignment has been confirmed, the permittee shall begin excavation at the
Kitty Hawk Bay and Kitty Hawk Canal confluence and proceed up Kitty Hawk Canal to the
north project limit at the High Bridge Creek basin, an approximate distance of 11,400 ft.
5) The temporary placement or double -handling of excavated or fill materials is not authorized
within state waters or vegetated wetlands.
6) All excavation will be conducted below the elevation of normal water level (NWL).
Spoil Containment
7) All fill and/or excavated materials will be confined above the NWL and landward of regularly
or irregularly flooded marsh or vegetated wetlands behind adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
8) The diked spoil disposal area will be constructed a sufficient distance from the NWL or any
marsh to eliminate the possibility of dike erosion into or upon any marsh, wetlands or
surrounding waters.
9) The spoil disposal area effluent will be contained by pipe, trough, or similar device to a
discharge point at or beyond the NWL to prevent gully erosion and unnecessary siltation.
10) A water control structure will be installed at the intake end of the effluent pipe to control
effluent discharge and assure compliance with quality standards.
11) The terminal end of the influent pipeline will be positioned at or greater than fifty feet (50')
from any part of the dike and a maximum distance from the effluent spillway to allow for
maximum settlement of suspended solids.
12) The spoil disposal area will be properly graded and provided a ground cover sufficient to
restrain erosion within thirty (30) working days after dike grade completion or project
completion.
13) The permittee shall maintain a 2' freeboard and a 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.

form I CM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name County of Dare
Address PO BOx 1000
City Manteo State NC
Zip 27954 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City 'Kill Devil Hills State NC
Zip 27948 Day Phone_ [phone]
Fax [phone]
c. Project name (if any) Oregon Inlet Waterways
Commission <Kitty Hawk Boat Basin>
NOTE., permit will be issued in tuone of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
Revised 03/95
b. City, town, community or landmark
Kitty Hawk
c. Street address or secondary road number
SR 1208 & 1210
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Kitty Hawk Bay
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
maintenance dredging
b. Is the proposed activity maintenance of an existing
project, new,work, or both? maintenance
c. Will the project be for public, private or commercial
use? community •
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. maintenance dredging
of Kittv Hawk canal to provide
continued access to the WRC Boat Ramp
and a marine rail
fSQ24`�EP G i..�., >{

VP
DARE COUNTY
KITTY HAWK BOAT BASIN
BIO IMPORT
Page Fo
The spo disposal structure would consist of a 400 ft. by 150 ft.(interior dimen � u)
earthen berm st lure, 27 ft. wide at the structure base and include a water control s (; 'lure
to control effluen\ischarge. The spoil facility would have a total capacity of 14, _ ` cubic
yards and allow freeboard. It is estimated that approximately 72,500 c r. c feet of
dredge spoil efflud be discharged into estuarine waters. The effluent titers would
drain back to the wk Canal.`
ANTICIPATED
The applicant proposes %hydraulically maintenance dredge A, 6 miles of Kitty Hawk
Canal. Localized turbidity will increased during excavation. e temporary placement of
skids, influent and effluent pipin ver the adjacent coastal m between the canal and the
disposal site will also have a tem ary impact on the ass , i ted marsh.. However, if the
piping apparatus are in place for m e than one season r'mpacts to the associated marsh
could be greater. Effluent discharge om the spoil isposal structure may also increase
turbidity. Removal of 14,500 cubic yar of spoil f m the Kitty Hawk Canal will require
the pumping of approximately 72,500 cube
of water and spoil will require monitoring
proposed work is undertaken during a per
fishery resources should be minimal.
estuarine waters. These large quantities
`integrity of the disposal structure. If the
lesser biological activity, impacts to local
Due to existing shallow ch el depths Ag the canal silt, current boat traffic
aggravates the sediment plume disc , ge from Kitty wk Canal to Kitty Hawk Bay. Once
maintenance dredging is comple -1the canal drainage ea stabilizes, turbidity may be less
than is presently experienced.
CAMA REVIEW
The local land- se plan review will be submitted under a eparate document in the near
future.
Submitted by W. Hawthorn
S _ `tember 18, 1995

Iofni DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individuallot(s) N/A
c. Approximate elevation of tract above MHW or
NWL N/A
d. Soil type(s) and texture(s) of tract .-
Udorthants
e. Vegetation on tract
f. Man-made features now on tract man made
canal — existing spoil site
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
X Conservation x Transitional
Developed Community
Rural Other
h. -How is the tract zoned by local government?
unzoned (water) VC3 (spoil area)
1. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance cerlificale, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
in. Describe existing wastewater treatment facilities.
N/A
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) spoil area
effluent
o. Describe existing drinking water supply source.
N/A
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue -line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes —X— No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
I. Are there wetlands on the site? X Yes _ No Engineers regarding that agency's use of larger
Coastal (marsh) Other X— drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? No requirements and it must be sufficiently detailed to
(Attach docanentoion, ifnvailable) -glllde"agel7Cy.l7e1's011nL'I unfamiliar with the area to die
1 ii•
Revised 03/95 U k Ln V t-'v L
-•- ------

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 (lie
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application :uhd plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. I13A - I to
10) If the project involves the expenditure of public
funds or use of public hinds, 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.
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 24th day of August , 19_99 -
Print Name Geor e H. Wood
Signature J' L . I
Lem, owner ar Audro+ized Aent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

,y
V
Form 13CM-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
shorclinc
stabilization)
Average 4inal
Existing Project
i.engw Width Depth Depth
42' -3.5'
11400' to -5 50 -3'
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 1 4500
b. Type of material to be excavated --sand and m„rd
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 None -
2. DISPOSAL Or EXCAVATED
MATERIAL
a. Location of disposal area see plat
b. Dimensions of disposal area irregular - spa
-, _.-
c. Do you claim title to disposal area?
Yes X 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 area
Revised 03195
Ut-
------------

Form DCM-NIP-2
e. 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. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of iijomr<nion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backtill
h. Type of till material
i. Source of fill material
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of till
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(I) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? dike disposal area
— smoothed and grassed
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
hydraulic dredge, bulldozer
c. Will wetlands be crossed in transporting equipment
to project site? X Yes No
If yes, explain steps that will be taken to lessen
environmental impacts. effluent pipes will
be skidded over wetlands to Kitty
Hawk Canal
Oregon Inlet Waterways Commission
<Kitty Hawk Boat Basin>
Appliaijo or Project. Name
9Ml or
Dale
v !II S'-P v Iv3v�
Revised 03195

d i
0 Dr,
Cononuedfrom-Page
to
"I've beers ji
ri;coavnissio
county; for, many.. years
17 tried not-to:.do'attythiu1
In
wrong," Owens-'sald wh
(tie entergency.session.'
lie, to the"best, `oCoqr.'.
Only.six people,— i0cl
gon Inlet.Watemays (
0 tlukt"our.,;h -back's:agais
a far as thlietine. for t
Uter.,Dcl scheduled✓ton
isconcerned," Williams said. "We Permits which the state!s Coastal clearitig'llie channels' belare. state
wanted to get (lie permits for these Resources Commission approved officials shut -down dmdgmg opera-
hajh1s-.`prqjects;,-by mid -November.! We are valid Eattil Dec. 31, 1999. But tions for the season.
ul rva * ::onlyrecelved the last o6 lastwed. state rules prohibit dredglug.chan- !'We've got ilia equipment. ready
Mal or Aiid• we-, were ratable - to bring a ucls,betweeit Feb. 15 and Oct. 31 to move," said Willianis. "Work will
ipening' completed package for. this funding' each year because that's when -most begin *as* soon *an possible. WCRL
io *pub- request to lite board until all those of lite young shrimp and fish begin probably have until at lust March
ty". has!" permits were approved. to switu in the sounds. Williams I to finish up out there."
.1prile -people I who have to use said. he didn't expect to gel much' - Robert J. Stewart Jr., an engineer
ig Ore-'- those channels to cam a living real- leeway" in terms of extending Ilitif who 'islualping 'coordinate the
mission Ay' wanted us to dredge them last J110rat01iURL But Since ifs been so dredging projects, said clearing all
; 1 — at..,. spring,". said Williams. "We -don't cold lately, he said, lite guy aquatic four channels will take about three
;.T have a department of Lritusportation lite probably has not yet begun to weeks. Dredging could begin as
gnlzhtg A�that covers waterways out here- We show up. He hopes workers can get early as &text week,he said, if the
wall: as. have to take care of the watenticit's state approval to dredge as soon as state extends the moratorium.
trojeds' transportation needs possible and, hopefully. finish "We need a week to prepare our- -
WEVIRGINIAN-PIWT ""MUILSDAY. FEBRUARY 15.1996 B3
ieet,tucrared :.
disposal :areas.' And we have ?to thebDatramp canaLand dig (lie wa-
bring one -dredge up from Ocra- terway to five-fbeWeep. That canal,
coke," Stewarfsaid. "We could get. Williams said,'hasiet been cl
anextension 'a.fei4'•daysat*a'thne:4 since 1956.._-. "I
- Plans calChar 'pumping :up"'.to Off Colinglon Island, craws*11i'll
2,500 cubic yards of sediment from remove up to 2.400.cuble yar ".q
the Mantis Harbor Terry" Dock sediment from lite A&B Seafood!'
'Road Caual- ='and for clearing'the charmel,and about SW cubic yajd!;'
waterway to six -feet -deep in some. from the Nunemaker Seafood clui611
spots and seven -feet -deep in others, net. The depth at both of those wam
:.Material dredged front all the proj-: terways4ill be increased front the
ects 'will- be-, puntped into. dikes current.one--to three -feet to abddt'- %
. alongside the channels. — five feet Beasley sald'about 30 fash-
" At the Hi&li Bridge Creek to Kitty ermen rely on those routes to brjn�
Hawk Day, workers plan to dredge their -boats .* �­and- catches to
14,500 cubic yards of material from share.

I
P
W
M N
O­i�'Dredging : 9 0 bj&7er.:� i"?_�IwIderwpys . V 4
beght is earWis'uextwrik-ff
gounty, officials can gee.the: s
permission to, proceed %ith
Zl -,I...�Iorkers. plan. to �.cleay.thvl
at'blalms X,N'i.f e ,M­
. I
-Road, the'boat-4amp,canal
Kitty. Hawk.Ridlw4;'thc(ch
liading,into.-`A&B Sedbodou
A
n
,an
ed
4.t1.1.-A A .1. f
an e m ' char- lye thought we could get by fbr ere unanimously voted to use
nd Into the..old Nunetuake� another. year without having to do $44,460'of the county's money to
t another
Company, also on Colloglon those projects,'! Board Chairman finance the balance of the money
'!,'We've been getting stuckm ;t LEbert V "Bobby" Owens*Jr., said:' needed for those dredging projects..
Jhere.', for a while now. In some during an emergeacy,commission,'. "We were hoping The state would
? I
'41"47Places, it's only a toot deep." A&B "era' meeting Wednesday:' "But the give us' SO or 60 percent of the
ill Seafood owner Carson:Beasley said Ming of those channels and canals money, We came back with 80 per.
Wednesday.i,"I can't even remem- . has speeded up. We don't know cent,",said Owens. "Now, we'll be
'A It
ber the last'time that channel was why. But we need to do somedling able to do all those projects."
're now." L County officials called Wednes-
cleaM& But I'm suar. glad they're 1 9
w. going, to. dredge it. now. That will . Iltes L13�, �wens and other days emergency meeting -at 4:30
county officUs met with/North pm. Tuesday. State laws doiet
�'Last"-cMamh,- members, of the Carolina Senate President Pro 'Ibut require any -advance notWcation
Ps "Dum:.Cowkty Oregon:lulet Water- Marc Basnight, D-Dare, in Raleigh for emergency meetings And
ie. I ways Conunission asked the county to ask the state for dredging funds. Owens said Ws the chairman's dis-
',' - Board of Commissioners.. for Basulght expedited the request.:cretion to "call emergency meet-
d:I $240,000 to dredge those four chai- And the North Carolina Division of::;ings because of unexpected :&-
Conunissloners, however, did WAter Resources appropriated' Cumstancesthat require immediate
`not: appropriate U penny 101 me 177 state money . . . , . action.
ti projects. On Wednesday, they inade - During the L%oar&s'emergency? The canal at h
up for that mistake. meeting Wednesday conunisdon.'
Please see Dredge, Page 83 waterways des
mw�
exhlbftlrow yesteryear i Ld I of tits Musetm e Albemarle

Form DCM-MP-1
C,+I10
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name County of Dare
Address PO BOx 1000
City Manteo State NC
Zip 27954 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone_ [phone]
Fax [phone]
c. Project name (if any) Oregon Inlet Waterways
Commission <Kitty Hawk Boat Basin>
NOTE: Pernut will be issued in name of landowner(s), and/or
project mine.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
Revised 03/95
b. City, town, community or landmark
Kitty Hawk
c. Street address or secondary road number
SR 1208 & 1210
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Kitty Hawk Bay
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
maintenance dredging
b. Is the proposed activity maintenance of an existing
project, new work, or both? maintenance
c. Will the project be for public, private or commercial
use? community
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. maintenance dredging
of Kitty Hawk canal to provide
continued access to the WRC Boat Ramp
and a marine rail
f it 1 1
9, SEP o 1995 II
i

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL N/A
d. Soil type(s) and texture(s) of tract
Udorthants
e. Vegetation on tract N/A
f. Man-made features now on tract man made
canal — existing spoil site
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
X Conservation
Developed
Rural
x Transitional
Community
Other
h. 'How is the tract zoned by local government?
unzoned (water) VC3 (spoil area)
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?
in. Describe existing wastewater treatment facilities.
N/A
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) spoil area
effluent
o. Describe existing drinking water supply source.
N/A
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue -line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes x No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
I. Are there wetlands on the site? X Yes _ No Engineers regarding that agency's use of larger
Coastal (marsh) Other X drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? No requirements and it must be sufficiently detailed to
(Attach documentation, ifavailahle) -.- . --guideagency,personnel unfamiliar with the area to the
Stiff
Revised 03195 CJI.J u 1
--

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwatcr Certifiartion, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTII+ICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 24th day ofAugust , 19 99 .
Print Name George H. Wood
Signature f• Cl
ton owner or Authorized gent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
SEP 6 1.095
Revised 03/95

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Revised 03/95
Average final
Existing Project
Leneth Width Depth Depth
11400'
42'
to
50'
-3.5'
-3'
-5'
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 14,50()
b. Type of material to be excavated sand and rend
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 None
2. DISPOSAL Or EXCAVATED
MATERIAL
a. Location of disposal area see plat
b. Dimensions of disposal area irregular - se
c. Do you claim title to disposal area?
Yes X 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 area
Cp
j Fib
�ii
---------------

Form DCM-MP-2
e. 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. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
Bulkhead Rpprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(source ofiifornmtion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backtill
h. Type of till material
i. Source of fill material
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of till area
(3) Purpose of till
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or till material be kept on site
and erosion controlled? dike disposal area
— smoothed and grassed
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
hydraulic dredge, bulldozer
c. Will wetlands be crossed in transporting equipment
to project site? X Yes No
If yes, explain steps that will be taken to lessen
environmental impacts. effluent pipes will
be skidded over wetlands to Kitty
Hawk Canal
Oregon Inlet Waterways Commission
<Kitty Hawk Boat Basin>
Appliai or Project Name
gridlur
Date
UI
S E P r Igg5
Revised 03195

State of North Carolina
Department of Environment,
Health and Natural Resources A14
Division of Coastal ManagementJames B. Hunt, Jr., Governor�I1
Jonathan B. Howes, Secretary C) FEEAli Fpi
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.
Very sincerely,
John R. azker, 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 50%recycled/ 10%post-consumer paper

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) '",APPLICANT: County of Dare/OIWC COUNTY: Dare
k" LOCATION OF PROJECT: Off of SR 1208 & SR 1210, Kitty Hawk Canal, Kitty Hawk, Kitty
Hawk Bay
DATE APPLICATION RECEIVED COMPLETE BY FIELD: September 6, 1995
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes
FIELD REPRESENTATIVE: Hawthorn DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: kad
B) DATE APPLICATION RECEIVED IN GH: _qFEE REC'D: $
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: �� DEED REC'D:
APPLICATION ASSIGNED TO: w.�:w s,� ON: _ a- ag 5
C) 75 DAY DEADLINE: 150 DAY DEADLINE:
MAIL OUT DATE: q — �S` STATE DUE DATE: d
FEDERAL DUE DATE: Ld _ r, _ q 5 FED. COMMENTS REC'D: .Z
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
/b _
Div. of Community Assistance
Land Quality Section
Div. of Env. Management
State Property Office
!
Div. of Archives & History
d _ 9 S
Div. of Env. Health
/b _ �fX _ (
C
U_ I
Div. of Highways
_ �J
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries
I -

MEMORANDUM
TO John Parker 6
FROM Dennis W. Hawthorn GiV e
SUBJECT Kitty Hawk Basin Recommendations
DATE : October 9, 1995
The Kitty Hawk Canal flows through a significant coastal marsh.
The current channel depths and sediment within the canal, when
exposed to daily boat traffic, add significantly to the sediment
plume of suspended materials flowing to Kitty Hawk Bay from Kitty
Hawk Canal. Removal of these sediments will reduce the suspended
solid loads flowing to Kitty Hawk Bay. Therefore, I have no
objection to this project and recommend we authorize it subject to
the following conditions
1. Go— h.L Ehe_e�x=vated chap �o deeper than the existing
a1'^b
2 bxter depths atZ4"6 £�. offshore,^ex vation shall not exceed 5 ft.
low-1'NWL. A Division of Coastal Management staff representative
shall establish a NWL benchmark prior to any excavation within
Public Trust Waters. Y
2. e rmittee shall delineate with stakes, ,
3 the channel to bk excavated. This area shall be examined
anderified by a staff representative of the Division of Coastal
Management prior to any excavation within Public Trust Waters.
3. After dredge channel alignment has been confirmed, the
permittee shall commence excavation at the Kitty Hawk Bay and Kitty
Hawk Canal confluence and proceed up Kitty Hawk Canal to the north
project limit at the High Bridge Creek basin, an approximate
distance of 11,400 ft.
4. In order to protect juvenile shrimp and finf' h populations,
no excavation will be permitted between February'eand October 31
of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries..D,tvA w1LC
5. No marsh, vegetated wetlands or submerged aquatic vegetation
will be excavated and/or filled.
-- 6. The temporary placement or double handling of excavated or
`-� fill materials is not authorized within state waters or vegetated
wetlands.
7. No excavation or fill activity shall occur at any time in any
marsh or surrounding waters, outside of the alignment of the dredge
channel or spoil fill areas as indicated on the 2-16-95 workplats.

John Parker
September 9, 1995
Kitty Hawk Basin Recommendations
Page Two
8. All fill and/or excavated materials will be confined above the
NWL and landward of regularly or irregularly flooded marsh or
vegetated wetlands behind adequate dikes or other retaining
structures to prevent spill -over of solids into any vegetated
wetlands or surrounding waters.
9. The diked spoil disposal area will be constructed a sufficient
�+ distance from the NWL or any marsh to eliminate the possibility of
dike erosion into or upon any marsh, wetlands or surrounding
waters.
. 10. The spoil disposal area effluent will be contained by pipe,
C� trough, or similar device to a discharge point at or beyond the NWL
to prevent gully erosion and unnecessary siltation.
11. The terminal end of the influent pipeline will be positioned
�( at or greater than fifty feet (501) distance from any part of the
dike and a maximum distance from the effluent spillway to allow for
maximum settlement of suspended solids.
12. A water control structure will be installed at the intake end
1 of the effluent pipe to control effluent discharge and assure
compliance with water quality standards.
13. The spoil disposal area will be properly graded and provided
Z a ground cover sufficient to restrain erosion within thirty (30)
working days after dike grade completion or project completion.
14. An Erosion and Sedimentation Control Plan will be required for
b this project. This plan must be filed at least thirty (30) days
prior to the beginning of any land disturbing activity. Submit
this Plan to the Department of Environment, Health and Natural
Resources, Land Quality Section, 1424 Carolina Ave. Washington,
NC 27889.
\ 15. Prior to the commencement of work, the Division of
V Environmental Management (DEM) shall approve this project and issue
d \c a 401 Certification. Any violation or deviation from the plan
approved by DEM will be considered a violation of this LAMA
permit.

/e -if-- yjl
MEMORANDUM
TO : John Parker FROM Dennis W. Hawthorn)// ] XJ
SUBJECT Kitty Hawk Boat Basin Land -Use Plan Consistency
DATE : October 11, 1995
This project involves the maintenance excavation of 14,500
cubic yards of dredge spoil material from the Kitty Hawk Canal.
The Town of Kitty Hawk has made a strong commitment to its
natural environment. This is reflected in the Town's policies for
protection of natural areas as mentioned on page 18 of its LUP :
" The Town of Kitty Hawk recognizes that the
identification and protection of AECs is one of the
central concerns of the Coastal Management Program for
North Carolina. Governmental intervention in land
development is necessary to assure the proper functioning
of physical and biological systems."
" The Town of Kitty Hawk will cooperate fully with the
appropriate State and Federal agencies to conserve,
manage, and protect all the estuarine waters and their
vital components."
"The Town will work with the appropriate State and
Federal agencies in protecting the integrity of all
public trust waters within the Town of Kitty Hawk."
Further, the plan places all LAMA AECs within the Conservation
Land Classification. The Town of Kitty Hawk require that in
conservation classed areas 11 Development must take special
precautions'to overcome any hazardous conditions and'to maintain
the land's intrinsic natural qualities "(pg. 59). These
convictions area based on the Town's belief that the natural
environment as a recreational, ecological and intrinsically
valuable resource is an important component of the Town's economy.

John Parker
October 9, 1995
Page Two
Impacts from this project involve connecting water depths,
spoil removal from below the NWL, development adjacent to a
significant coastal marsh, and shrimp and finfish populations.
According to other reviewing agencies and DCM staff
recommendations, connecting water depth concerns will be minimized
by restricting dredging depths to 5 feet below the NWL. Finfish and
shrimp populations will be adequately protected by prohibiting
channel dredging between the dates of February 1 and October 31 of
any given year.
Provided that this project proceeds with the recommendations
contained in my memorandum to you of October 9, 1995, this project
will be consistent with the Town of Kitty Hawk Land -Use Plan.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MEMO
To:
From:
Re:
January 9, 1996
John Parker, DCM
John Dorsey, DE440—>
DEM review of CAMA Proje
Kitty Hawk project boat basin
Dare County
DEM # 951042
/\'Ai
•
IDEHNFR
RECEIVED
JAN 1 71996
F"JONA£NTALSCENCES
MOnuny
DEM has no objections to the proposed dredging of this canal as long as at least two
(2) feet of freeboard are maintained at all times in the upland diked disposal basin..
Please call me at 733-1786 if you have any questions.
cc: Washington DEM Regional Office
Central Files
George Wood
951042.dcm
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

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 19, 1995
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
A1, AI
•: '
�E H NR
ol
r
RECEIVED
WASHINGTON OFFICE
SEP 2 0 1995
C 16LA. y
I[; A
RECEIVED
SEP 2 719951
SUBJECT: CAMA/DREDGE & FILL Permit Application Review ENVIRONMENTAL SCIENCES
an,rnH
Applicant: Dare County/OIWC - Kitty Hawk Boat Basin
Project Location: Off of SR 1208 & SR 1210, Kitty Hawk Canal, Kitty Hawk Bay
Proposed Project: Maintenance dredge 14,500 cubic yards of material from Kitty Hawk
Canal.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 10, 1995. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn 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 descriibbeCd in the
Date I Z `v
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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DEM MENr OF DWROnMMT.
MUM AND HAMM RESOURCES
MEMORANDUM
TO: JOHN R. PARKER, JR.
FROM: SARA WINSLOW
DATE: 7 NOVEMBER 1995
SUBJECT: KITTY HAWK BOAT BASIN DARE
Applicant County
Attached is the response to the above application. If I can be of further assistance, please
let me know.
gm
/attachment(s)

State of North Carolina IWA
Department of Environment,711a
Health and Natural Resources 4 •
Division of Coastal Management
WOM
James B. Hunt, Governor p E H N IR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 19, 1995
MEMORANDUM
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: LAMA/DREDGE & FILL Pe 'cation Review
Applicant: Dare County/OIWC - Kitty Hawk Boa Basin
Project Location: Off of SR 1208 & SR 1210 Kitty Hawk Canal, Kitty Hawk Bay
Proposed Project: Maintenance dredge 14,500 cubic yards of material from Kitty Hawk
Canal.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 10, 1995. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signs d!%K�G Date 30 —9J
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
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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:
1t .0
ATA
&4 7
A� W
C) F= FR
TO: John R. Parker, Jr., DCM Major Permits Coordinator
THROUGH: Maury Wolff, Permit Coordinator )
FROM: Sara E. Winslow, Biologist Supervisor�60
SUBJECT: Dare County/OIWC - Kitty Hawk Canal Proposal
DATE: October 30, 1995
The following comments by the North Carolina Division of Marine Fisheries are
provided pursuant to General Statute 113-131.
Kitty Hawk Bay and its tributaries function as nursery areas for spot, croaker,
flounder, shrimp, weakfish, blue crabs and other commercially and recreationally important
species. A significant blue crab fishery, both for hard crabs and soft shell shedding
operations exist throughout the area.
This agency is concerned with the impacts from this maintenance excavation, but
approves of it with the following modifications.
The proposed excavation involves dredging 11,400 linear feet of the Kitty Hawk
Canal, to a depth of -5 ft. The dredging will result in the loss of 306,468 sq. ft. of shallow
water habitat, (14,451 cubic yards of material).
The canal was cut through an existing marsh. The existing bottom consists of muck
and detritus. Due to the existing bottom type, the proposed excavation to -5 ft., and the
slope (3:1) coupled with the narrow portions of the canal this agency is concerned with the
additional sloughing off of the marsh. The importance of wetlands has been well
documented. Wetlands are of great importance to fisheries resources, serving as sources of
basic biological productivity, providing food directly and indirectly, and serving as nursery
impacts of hydrologic events, moderating stormwater flows, trapping sediments, and
providing nutrients for incorporation into resident plants.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
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John R. Parker, Jr.
October 30, 1995
The Division is also concerned with the impacts to the wetlands from the placement
of the pipes on the wetlands during excavation. Depending on the length of time required
for the project the impacts may increase. If loss of these wetlands occurs mitigation should
result, or at least the area should be restored to undisturbed status.
Adequate settling time must occur within the diked disposal area prior to effluent
being released back into the system. Turbidity levels can have an impact on early juvenile
stages of fmfish and invertebrates.
The Division request a moratorium associated with the maintenance excavation of the
canal. The work should start at the upper end of the project and work toward Kitty Hawk
Bay. The requested time period is 15 February through 30 September. This will ensure the
environmental integrity of the area is protected during critical times of usage by the
previously mentioned species.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
TO: John Parker
AN.�'
�EHNR
2 November 1995
THROUGH: Maury Wolff, Permit Coordinator
FROM: P.A. Wojciechowski . , XI
SUBJECT: CAMA/DREDGE & FILL Permit Application
Dare County/OIWC - Kitty Hawk Canal Proposal
The subject permit application has been reviewed and the following comments are provided
for your information. I have reviewed a number of permit applications and deeds that purport to
convey the property of the Kitty Hawk Canal. I still have concerns about the ownership of the
canal area and the areas being used to deposit soil. It is important that the state know who owns
the underlining fee of the canal prior to the approval of these permits. The riparian owners listed
on the Base Map does not prove ownership. The riparian right is the right of access not
ownership. A brief search of our files reveals that only the Perry family may have filed a claim
pursuant to G.S. 113-205. None of the claims that we processed were recognized as having a
fee in any open water area that was excavated from high ground. Therefore I can only conclude
that the fee of the canal lies in the state. This being the case, the state property office can issue
a no objection statement. However, if a portion of this canal was in fact excavated from high
ground it is imperative that the owner of the bottom of the canal provide OIWC with a document
that authorizes this excavation.
PAW /jjh
cmWOWIC-KHmM
P.O. Box 769, Morehead City, North Carolina 28557-0769 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 E:) E H N F1
Roger N. Schecter, Director
September 29, 1995
TO: Mr. Chailes R. Fullwood, Jr., Director
Wildlife Resources Commission C1.5c
Attn: Habitat Conservation ProgramFROM: John Parker, Jr.Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Dare Coun /OIWC
PROJECT LOCATION: tty Hawk Canal/High Creek Bridge, SR1208 & 1210, Dare
ROPOSED PROJECT: To excavate an access channel and construct a boat ramp.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by October 22, 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.
V This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Date / U �2
P.O. Box 27687, Raleigh, North Carolina 27611-7687
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® North Carolina Wildlife Resources Commission KN
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: Franklin T. McBride, Program Manager
Habitat Conservation Program
DATE: October 17, 1995
SUBJECT: CAMA/Dredge and Fill Permit Application for the Oregon Inlet Waterways
Commission, Kitty Hawk Canal/High Creek Bridge excavation project, Dare
County.
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 11, 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 hydraulically maintenance dredge 2.16 miles of Kitty Hawk
Canal. The entire project will dredge 410,448 ft2 (9.42 acres) of shallow water habitat in
estuarine waters. Waters at the project site are classified as SC and are closed to shellfishing.
The waters of Kitty Hawk Bay and its tributaries are considered by the Division of Coastal
Management as Public Trust and Estuarine Waters and part of the Estuarine System Area of
Environmental Concern.
The project as proposed has the potential to adversely affect fish and wildlife habitat in
Kitty Hawk Canal and Kitty Hawk Bay. Wetlands such as those found adjacent to proposed
dredging activities provide functions that benefit the public as well as fish and wildlife.

Kitty Hawk Canal 2 October 17, 1995
Wetlands act as stormwater runoff purification zones between upland areas and surface waters.
Wetlands store and convey flood waters and provide shoreline erosion protection through
attenuation of wave energy. Wetlands also serve as habitat for numerous species of amphibians,
reptiles, birds, and mammals. In some instances, wetlands serve as a spawning and nursery area
for anadromous fish. Through deposition of detritus into adjacent waters, wetlands contribute
large quantities of organic carbon, forming the food chain base and the resulting biological
productivity for many aquatic ecosystems.
Dredging will adversely effect water quality by significantly increasing turbidity.
Turbidity and other associated impacts to this wetland ecosystem will be heightened if the pipes
for spoil removal are in place for more than one season. Disturbance of material within the canal
will almost definitely lead to a sloughing -off of the banks. Bank erosion will increase turbidity,
decrease channel stability, and will lead to additional impacts to shallow water habitat. The
shallow water habitat in Kitty Hawk Canal and Kitty Hawk Bay is used by numerous species of
anadromous, estuarine and freshwater fish as spawning, rearing, feeding and escape areas. This
area is also an important resting and feeding area for migratory waterfowl.
We are concerned about the potential adverse impacts to marine fauna resulting from
turbidity associated with dredging. Elevated turbidity could reduce water quality in these areas
and stress marine organisms. Excessive turbidity is particularly damaging to egg and larval life
stages of marine organisms. Therefore, we request that a dredge moratorium be implemented
from March 1 to September 30. Impacts to fishery resources will be minimized if work is
prohibited during this critical spawning and rearing period.
Construction of the spoil disposal site should be adequate to prevent 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
spended sediments, the shut-off valve should remain closed for a minimum of 72 hours before
release of effluent water into Kitty Hawk Bay.
u.
We appreciate the opportunity to provide input into this permit application review. If you
need further information on these comments, please contact Chad Thomas, District 1 Fisheries
Biologist at [phone].

W
State of North Carolina
Department of Environment, FIWA
Health and Natural Resources Aj
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretory
Roger N. Schecter, Director
September 19, 1995
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/OIWC Kitty Hawk oat Basin
Project Location: Off of SR 12 & SR 1210, Kitty Hawk Canal, Kitty Hawk Bay
Proposed Project: Maintenance dredge 14,500 cubic yards of material from Kitty Hawk
Canal.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 10, 1995. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn 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
ached Q p
Signed ������ Date
1367 U.S. 17 South, Elizabeth City, North Carollno 27909 Telephone [phone] FAX [phone]
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W
DIVISION OF LAND RESOURCES
LANz QU LITY 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.
4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berms,
sand fence, etc.).
5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
z' 6. An erosion and sedimentation control plan be submitted
0- at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
8. Other:

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A4
REF-iNR
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
September 25, 1995
Oregon Inlet Waterways Commission
c/o County of Dare
P.O. Box 1000
Manteo, North Carolina 27954
RE: Dredging of Kitty Hawk Canal
Kitty Hawk - Dare County
Dear Chairperson:
As an agency involved in the Division of Coastal
Management's major permit application review process, we have
determined that more than one acre will be disturbed by the
activities as described. Therefore, in addition to a permit from
the Division of Coastal Management, an erosion and sedimentation
control plan must be submitted to and approved by this office
before development begins.
The requiring of an erosion and sedimentation control plan
is based on a mandatory standard for land -disturbing activity of
the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land -disturbing activity, if at
least one acre is to be uncovered, unless an erosion and
sedimentation control plan for the activity is filed with
the agency having jurisdiction and approved.
The plan must be submitted at least thirty (30) days prior
to project commencement. The plan must include, but is not
limited to, the following:
1. A scaled plat plan of the site, showing the affected
areas as well as adjacent properties which may be
affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks,
streams, drainageways, marsh, etc.
1424 Carolina Avenue, Washington. North Carolina 27889 Telephone [phone] FAX [phone]
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Oregon Inlet Waterways Commission
C/o County of Dare
September 25, 1995
Page 2
3. Include a brief narrative describing the activities to
be undertaken and a construction schedule.
4. Indicate on the plat the measures to be utilized to
prevent sediment from entering adjacent properties,
such as location of silt fences, silt basins, diversion
ditches, areas to be seeded, etc.
5. Include seeding and mulching specifications for both
temporary and permanent stabilization.
6. Include any other pertinent information directed at
controlling offsite sedimentation, slope degradation,
and erosion.
Please be advised that the plan will be considered
incomplete, and the statutory review period will not begin,
unless a non-refundable plan review processing fee, payable by
check or money order made out to the Department of Environment,
Health and Natural Resources, is included. The amount of the fee
is based on $30 for the first disturbed or affected acre, plus
$20 for each additional whole or fractional acre of land to be
disturbed (including offsite borrow or waste areas).
To begin this project without the approval of an erosion/
sedimentation control plan will be considered a violation of the
Act and may lead to the assessment of a civil penalty of up to
$500.00 per day for each day the project is deemed in violation.
For your convenience, we are enclosing a guideline for
developing a plan. If you should have any questions, feel free
to contact me.
Sincerely,
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHM:jt
Enclosures
cc: John R. Parker, Jr., Division of Coastal Management

State of North Carolina.
Department of Environment,
Health and Natural Resources
Division of Coastal Managejm�ennt r � � � r E D
James B. Hunt, Jr., Governor ' G is V
Jonathan B. Howes, Secretary SE? 2s it
Roger N. Schecter, Director
DIV. OF ENVIRONMENTAL HEALTH)
September 19, 1995
TO: Ms. Patti Fowler
Shellfish Sanitation Section
A 7�1'
[DEHNR
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL 7ittytHawk
p'cation Review
Applicant: Dare County/OIWC - Boa Basin
S£p 20 7995
SyfI-IySHSANItq;IQPrER,), y
Project Location: Off of SR 1208 &--3R_1.210, itty Hawk Canal, Kitty Hawk Bay
Proposed Project: Maintenance dredge 14,500 cubic yards of material from Kitty Hawk
Canal.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 10, 1995. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.S[R- JL.41-4
4 This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This -agency objects
attached comments.
Signed r
to the project for reasons described in the
Date cr
- (o cr �
/0 /.z Lys
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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MEMO RECEPY
DATE:
OCT 25 1995
TO: n 1�lw. / SUBJECT:
DIV. OF ENVIRONMENTAL HEALTH!
✓GZ�G°�L GaL�G�� G�%w��' � ���
c S ,
From:;�C�IC��G!/Gi���fl -
e��ho
North Carolina Department of Environment,
Health, and Natural Resources
.� �� Printed on ReryGed 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:
FROM:
SUBJECT:
October 9, 1995
P. A. "Ski" wojciechowski
Division of Marine Fisheries
John Parker
Major Permits Processing Coordinator
A141yo,
IDFEE HNF1
CAMA/Dredge and Fill Permit Application Review
RE.CDIVED
DIV. C:F MARINE FISHERIES
APPLICANT: Dare County/OIWC
PROJECT LOCATION: Kitty �C1208 & 1210, High Bridge Creek, Dare
County.
PROPOSED PROJECT: To maintenance dredge material from Kitty Hawk Canal.
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.
Tff� P/LoPl27Y /^" pq4 -.CST ° fr C e,-
yr v rO � p,4-C4
/P',L0 �'N.PTicrr„w,t.�T /i'✓T• eR yur//O,t✓t w
Signed—�2f!2 Date
�i'tRlG C°w�TY/d/G✓C;/ To ,Oo !+/iit/j' Fi26.n i3 �L fit.°�.�'L�i
p wi✓ln,t /.f.+Q ��i£iL.l Gcd+-C.�'ti% Td Cyt/p/lG/ �./�
P.O. Box 27687, Rdeigh, 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 AFI
AAdw���
James B. Hunt, Jr., Governor p E H N fR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 19, 1995
MEMORANDUM
TO: Mr. Robert E. Chandler, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL it Ap 'cation Review
Applicant: Dare County/OIWC Kitty Hawk Boa Basin
Project Location: Off of SR 1208 & S 10, Kitty Hawk Canal, Kitty Hawk Bay
Proposed Project: Maintenance dredge 14,500 cubic yards of material from Kitty Hawk
Canal.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 10, 1995. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY his agency has no objection to the project as proposed.
\V This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This ag ncy objects to the project for reasons described in the
attAr6V4 comme % 7
Signed Date
1367 U.S. 17 South, Elizabeth City. North Carolina 27909 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
September 29, 1995
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
A14ervAl
L M
IDFEE HNF1
<rtCF1W1J
OCT F 199
i-
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Dare C
PROJECT LOCATION, Kitty Hawk Canal/High Bridge Creek, SR1208 & 1210, Dare
PROPOSED PROJECT: To maintenance dredge material from Kitty Hawk Canal.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 22, 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
a heal c ents.
{
Signed Date "6)5;5
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5C% 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
September 29, 1995
MEMORANDUM
1 G /
[D FE F=1
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
PROJECT LOCATIO]i: Kitty Hawk Canal/High Bridge Creek, SR1208 & 1210, Dare
,County.
PROPOSED PRO.fiECT: To maintenance dredge material rom Kitty Hawk Canal.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 22, 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.
,J This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signe
Date
P.O. Box 27687, Raleigh, 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
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 29, 1995
MEMORANDUM
[DFEE HNF=?L
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Dare County/OIWC
PROJECT LOCATION Kitty Ha k Canal/High Bridge Creek, SR1208 & 1210, Dare
nty.
PROPOSED PROJECT: To maintenance dredge material from Kitty Hawk Canal.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 22, 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.
\J ✓ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Sign Date
P.O. Box 27687, Raleigh, North Caorina 27611-7687 Telephone [phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Qivision of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 6 1995
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
1\ .�'
IDFEE HNF1
FROM: John Parker, Jr.
Major Permits Processing Coordinator
NOV 9 1995 Y
EMSICNI OF WATER RESWRCES
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: County of Dare/OIWC
ReCE VE0
PROJECT LOCATION: Off of SR1208 & SR1210, Kitty are Co. Nov 13 19
Cc �ASrat 95
PROPOSED PROJECT: To maintenance dredge material om Kitty Hawk C MANAGEMENT
Please indicate below your agency's position or viewpoint on the proposed project T
this form ASAP. If you have any questions regarding the proposed project, please contact Jo
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPI,,�Y This agency has no objection to the project as proposed.
\\\\�J It This agency has no comment on the proposed project.
Signed
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.
Date � f fd
P.O. Box 27687, Rcieigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

REPLY TO
TTENTION OF
Regulatory Branch
Action ID No. 199SO5838
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 27, 1995
oo RfCEIVf -
Mr. John Parker Nov '� i9�
r MANAG W
Division of coastal Management EMEN7
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 the Dare County Waterways Commission
for a Department of the Army (DA) permit to undertake maintenance dredging
activities within Kitty Hawk Canal, located off State Road 1208 and State
Road 1210, Kitty Hawk Bay, 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
compliance with the permit plans.
2. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands.
3. 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.
4. A water control structure will be installed at the intake end of
the effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
5. Flow from the diked retention area will be confined by pipe, trough,
or similar device to a point at or below the mean low water (MLW) elevation
contour to prevent gully erosion and siltation.
6. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
7. Excavation will not exceed 5 feet below the elevation of mean low
water (MLW).
8. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.

-2-
9. 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.
10. No excavated or fill material will be placed in any location or
in any manner so as to impair surface water flow into or out of any wetland
area.
11. 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 permitted
activity without having it transferred to a third party.
12. The activity will be conducted in such a manner as to prevent
a significant increase in turbidity outside the area of construction or
I� construction -related discharge. Increases such that the turbidity in the
waterbody is 'SO"NT0""e or e'6'��-wens-not,-desdgnatP� - sewt-watess.__,
by-tht-Nor-k asolina.-Di-wtsi-onaaf-En ix-onnent_al-Managem€t(t--(-NODBM4. 25 NTU's
or less in all saltwater classes and-irraY�-likes-and-res�Pd`10'NTU�s�
------or-l�ess-i*n-trout-wa�t-ers,, are not considered significant.
DREDGING•
The work authorized herein includes periodic maintenance which may be
performed for ten years from the date of issuance of this permit provided:
a. The permittee will advise the District Engineer in writing at least
two weeks before he intends to undertake any maintenance dredging.
b. The proposed area to be dredged, method of dredging and disposal
of dredged material will be in strict accordance with that authorized by this
permit.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension.4.
Sincerely,
4hiVeWig
fReg�
latt y Branch

-3-
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
Ms. L. R. (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
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
North Carolina Division
1367 U.S. 17 South
Of f ice
of Coastal Management
Elizabeth City, North Carolina 27909
Blind Copy Furnished:

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action
Mr. Larry Hardy
National Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
Carolina 28516
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
Gentlemen:
50'
Coy Ore e1n Tql;� W` zy5
)d1('1 Type Work CO-
(8�
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, Nort Car9 na 27611-7687
MY. c�,�1� w��
1 (4A Regional Office
Division of Coa tal Management
North Carolina Department of
Environment, Health and
\taiu ou e
0
Pursuant to Action ID No. 198000291, the CAMA-Corps
agreement, a State Field Investigation Report is encloge
recommendations would be appreciated on or before !
Questions or comments be addressed to
Regulatory Branch, WcL1 �� Field Office,
Sincerely,
Encicsure
eral permit/processing
Your comments and/or
(° 9 )
G. Wayne Wright I
Chief, Regulatory Branch
Crorn rn .

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS O-
C
P.O. BOX 1890 5
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO
ATTENTION OF September 29, 1995
Regulatory Branch
Action ID No. 199505838
Dare County/Oregon Inlet Waterways Commission
Post Office Box 1000
Manteo, North Carolina 27954
Dear Dare County:
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 applic n receive eptember 25, 1995, for
Department of the Army auth rization (DA) to dertake maintenance
dredging activities within t itty Hawk Can 1, ocated off S.R. 1208
and State Road 1210, Kitty Hawk Ba Hawk are 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:
a. Permits for work within wetlands or other special aquatic sites
are available only if the proposed work is the least environmentally

-2-
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'Yequired 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 October 30, 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. i
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. 199505838 and will be coordinated by Mr. Raleigh Bland in our
Washington Regulatory Field Office. Mr. Bland is available at telephone
[phone], extension 4.
sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

-3-
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
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. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Watersheds Branch
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
Mr. George Wood
Environmental Professionals, Incorporated
Post Office Box 3368
Kill Devil Hills, North Carolina 27948

REPLY TO
ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
September 29, 1995
Action ID No. 199505838
� � 3
�� RECENE�
Mr. John Dorney 1��g95
Division of Environmental Management
North Carolina Department of Environment,A�1A,4Qt�t
Health, and Natural Resources
4401 Reedy Creek Road 0
Raleigh, North Carolina 27607 �,, 1.
Dear Mr. Dorney:
Enclosed is the application of the Dare Cagloo Waterways Commission
for Department of the Army (DA) authorization and —a State Water Quality
Certification to undertake maintenance dredging activities within Ki
HaVMWanal, located off State Road 1208 and State Road 1210, Kitty Ha
Bay, 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.
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 November 11, 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

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
VIKorth 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

' DIVISION OF COASTAL MANAGEMENT
FIELD' INVESTIGATION REPORT
1. APPLICANT'S NAME: Dare County/Oregon Inlet Waterways Commission
2. LOCATION OF PROJECT SITE: Kitty Hawk Canal / High Bridge Creek
Photo Index - 1989:144-13,N7 1984:137-494,L22
State Plane Coordinates - X: 2,967,400 Y: 851,000
3. INVESTIGATION TYPE: CAMA and D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/7/95;9/11/95
Was Applicant Present - no;yes
5. PROCESSING PROCEDURE: Application Received - 9/6/95
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk LUP
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT,CW,EW,ES
(C) Water Dependent: YES
(D) Intended Use: I�oth public and commercial
(E) Wastewater Treatment: Existing - none
Planned -none
(F) Type of Structures: Existing - man-made canal,boat basin, boat ramp and docks,parking and
commercial structures
Planned -
(G) Estimated Annual Rate of Erosion:
Source -
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Estuarine/Public Trust
Waters
285,000 sf.
(C) Upland spoil disposal site
60,000 sf.(1.38A)
(D) Total Area Disturbed: 345,000 (7.92 A)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to maintenance dredge 14,500 cy of material from
Kitty Hawk Canal. The proposed excavation would provide continued access from Kitty Hawk Bay
to the Kitty Hawk/Dare County WRC Boat Ramp and other marine facilities located on Kitty Hawk
Canal.

u
DARE COUNTY
KITTY HAWK BOAT BASIN
BIO REPORT
Page Two
INTRODUCTION
Currently, navigation within Kitty Hawk Canal is restricted due to shallow channel
depths and shoals within the existing man-made canal. The Oregon Inlet Waterways
Commission is a local advisory committee in Dare County which is responsible for local
administration of various waterway dredging projects. The Oregon Inlet Waterways
Commission has contracted the firm, Environmental Professionals, Inc., to apply for the
subject permit. The proposed project includes maintenance dredging of 2.16 miles of Kitty
Hawk Canal and connecting waters to Kitty Hawk Bay.
SITE DESCRIPTION
The Kitty Hawk Canal was constructed in 1956/57 to a depth of 15 ft. below the
NWL. The Kitty Hawk Canal is approximately 2.5 miles in length from its mouth at Kitty
Hawk Bay to the SR 1208 bridge. As indicated on the applicant's 2/16/95 work plats, the
upper end of the Kitty Hawk Canal is often referred to as High Bridge Creek). The canal
ranges between 30 and 55 feet in width and hydraulically connects Kitty Hawk Bay with
ditch drainage to Jean Guite Creek. Marsh is present along almost the entire length of the
canal on both sides.
Three (3) majpr permits have been issued in the past on projects within proximity to
the Kitty Hawk Canal. These include :
NC DOT Bridge No. 40 (CAMA Major Permitt # 109-93)
Kitty Hawk Landing Association (CAMA Major Permit # 138-93)
Dare County Boat Basin (CAMA Major Permit # 260-88)
Although a depth of 8.0 ft. below NWL exists at the canal's entrance, currently, the
Kitty Hawk Canal depths range between 2.7 and 4.0 ft. below the NWL, with an average
depth of 3.0 below the NWL.
No submerged aquatic vegetation communities are currently present within the canal or
the proposed project area within Kitty Hawk Bay. The entire canal drains through a
significant coastal marsh including the coastal plant species Spartina cynosuroides (big cord
grass), Juncus roemerianus (black needlerush), Typha latifolia (cattail), Spartina patens (salt
meadow grass) and Cladium jamaicense (saw grass). Baccharis halimifolia (groundsel tree)
also are present along the canal bank. A Pinus taeda (loblolly pine) canopy emerges along
just the slightly elevated areas of the canal bank approximately one half mile from Kitty
Hawk Bay. A sub -canopy of Myrica cerifera (wax myrtle) and Baccharis halimifolia are also

DARE COUNTY
KITTY HAWK BOAT BASIN
BIO REPORT
Page Three
species, the marsh adjacent to the upper end of the canal also includes Sagittaria falcata
present along the canal bank at about one mile from Kitty Hawk Bay. In addition to
coastal(bultongue) and Hibiscus moscheutos (hibiscus). In addition to Pinus taeda, the
canopy along the canal bank in this vicinity also include Juniperus virginiana (red cedar) and
Liquidamibar styraciflua (sweet gum).
Three smaller canals intersect Kitty Hawk Canal, one of these includes a Wildlife
Resources Commission boat ramp facility. This facility includes a 25 ft. wide concrete boat
ramp and approximately 200 ft. of 5 ft. width dock boardwalk adjacent to the ramp as well
as the associated parking. The two remaining side canals include a private residence in one
canal and a small marine repair facility at the other canal. This small latter canal, which is
actually more like a basin, includes a rail haul -up boat ramp, boardwalk and dock area as
well as a 28 ft. by 60 ft. enclosed structure which is on piles over wetlands, lawn and public
trust waters.
All man-made tributaries connecting to the Kitty Hawk Bay are classified as Joint
Waters by the Wildlife Resources and Marine Fisheries Commissions. The Division of
Environmental Management water quality classification for Kitty Hawk Bay and it's
tributaries is SC. The waters of Kitty Hawk Bay and it's tributaries are considered by the
Division of Coastal Management as Public Trust and Estuarine Waters and part of the
Estuarine System Area of Environmental Concern.
PROPOSED WORK
The applicant proposes to maintenance dredge 2.16 miles of Kitty Hawk Canal. This
proposal includes hydraulically dredging the channel section between the canal mouth and the
private boat basin south of the SR 1208 bridge. The proposed work also includes
maintenance of the channel approximately 300 ft. beyond the canal mouth.
This proposed excavation would involve dredging 11,400 linear ft. of the Kitty Hawk
Canal and the removal of 14,500 cubic yards of dredge material from below the NWL. The
applicant proposes to pump dredge spoil from the canal to an upland commercial site which
is located approximately midway between the canal mouth and the SR 1208 bridge. The
spoil disposal site is an upland commercially used area, approximately 500 ft. east of the
Kitty Hawk Canal and is adjacent SR 1210 and Midgett's Pond. The applicant proposes to
place the influent and effluent pipes over skids when crossing the adjacent marsh.

DARE COUNTY
KITTY HAWK BOAT BASIN
BIO REPORT
Page Four
The spoil disposal structure would consist of a 400 ft. by 150 ft. (interior dimension)
earthen berm structure, 27 ft. wide at the structure base and include a water control structure
to control effluent discharge. The spoil facility would have a total capacity of 14,500 cubic
yards and allow 2 ft. of freeboard. It is estimated that approximately 72,500 cubic feet of
dredge spoil effluent would be discharged into estuarine waters. The effluent waters would
drain back to the Kitty Hawk Canal.
ANTICIPATED IMPACTS
The applicant proposes to hydraulically maintenance dredge 2.16 miles of Kitty Hawk
Canal. Localized turbidity will be increased during excavation. The temporary placement of
skids, influent and effluent piping over the adjacent coastal marsh between the canal and the
disposal site will also have a temporary impact on the associated marsh. _ However, if the
piping apparatus are in place for more than one season, impacts to the associated marsh
could be greater. Effluent discharge from the spoil disposal structure may also increase
turbidity. Removal of 14,500 cubic yards of spoil from the Kitty Hawk Canal will require
the pumping of approximately 72,500 cubic yards of estuarine waters. These large quantities
of water and spoil will require monitoring of the integrity of the disposal structure. If the
proposed work is undertaken during a period of lesser biological activity, impacts to local
fishery resources should be minimal.
Due to existing shallow channel depths and the canal silt, current boat traffic
aggravates the sediment plume discharge from Kitty Hawk Canal to Kitty Hawk Bay. Once
maintenance dredging is complete the canal drainage area stabilizes, turbidity may be less
than is presently experienced.
CAMA REVIEW
The local land -use plan review will be submitted under a separate document in the near
future.
Submitted by D. W. Hawthorn
September 18, 1995

W
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
John Parker
Dennis W. Hawthorn
) L
Kitty Hawk Basin 'V/�1
Additional comments
October 26,. 1995
[DEHNFR
It was brought to our attention by one of the reviewing
agencies that they had several concerns regarding the subject
application review prepared by Elizabeth City DCM. These concerns
and clarifications are discussed as follows.
[1] Discrepancy over whether the distance to be excavated out
into Kitty Hawk Bay will be 300 or 400 ft.
The submitted plat work for this project indicate a proposed
excavation channel distance of 400 ft. out into Kitty Hawk Bay.
The distance referenced in paragraph 1 of the PROPOSED WORK Section
should be changed to 400 ft., as is referenced in my
October 9, 1995 memo to you on the Kitty Hawk Basin project.
[2] The presence of SAV communities in the vicinity of the
proposed work. On September 11, 1995 'I conducted a field
investigation for this subject application. Although SAV
communities are known to exist in Kitty Hawk Bay, on the above date
no SAV's were noted in the proposed dredge channel. The DMF has
confirmed the existence of Eurasian milfoil in areas of Kitty Hawk
Bay and shallow areas near the mouth and shoreline of Kitty Hawk
Canal.
No SAV's were identified in the dredge channel. I cannot
quantify it but SAV communities in the vicinity of Kitty Hawk Canal
and Bay would be impacted by the turbidity which would be
associated with channel dredging.
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

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John Parker, October 19, 1995
Kitty Hawk Basin
Page Two
[3] Connecting water depths. The work plats submitted with
the application indicate an 8 ft. NWL depth at the terminal end of
the proposed project. On my 9/11/95 field investigation I
confirmed 6 to 8 ft. water depths in the vicinity indicated on the
submitted work plats. Previous staff investigations in 1994
confirmed similar depths. We do not have navigable resources to
precisely confirm the water depth contours of Kitty Hawk Bay.
The applicant has requested a 5 ft. depth and this depth was
recommended in my 10/9/95 memo.
[4] Total spoil excavation. The total volume of spoil
reported to be excavated by the applicant is 14,500 cy. This
figure was calculated by R.J. Stewart,_ Performance Engineering for
the applicant.
When I first reviewed this proposed project, I must admit my
gut feeling was that there would be a whole lot more spoil
generated in this project than the application indicated. I have
studied the work plat cross sections on page 1 of 4. I have had
discussions with the applicant, their consultant; the applicant has
submitted a copy of the calculation of dredge spoil and revised
numbers on the work plat 1 of 4. Copies of both are attached.
R. L. Watts and myself have reviewed the numbers more than
once. The applicant bases their calculation on the following:
(a) a 3:1 slope ;
(b) that 32.2 cf. per linear ft. would be excavated from 4800
linear ft. of the project (cross section 1-1) ;
(c) that 35.7 cf. per linear ft. would be excavated from
6600 linear ft. of the project (cross section 2-2) ;
With these assumptions and changes the applicant calculates a
total excavation of 14,451 cy. We have done our own calculations
using these same assumptions and are coming up with similar
numbers. We feel that the proposed volume calculations of dredge
spoil are realistic.
[5] Habitat description. With the revised numbers supplied
by the applicant and the additional review of this proposed
project, we revise the area dredge impact to 306,468 sf. (7.06 A)
and the total impact area to 366,468 sf. (8.41 A).

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State of North Carolina
Department of Environment,
WA
Health and Natural Resources ` •
Division of Coastal Management
l0
James B. Hunt, Jr., Governor 9 '�
Jonathan B. Howes, Secretary RECEIVED f`' E:) E H N FR
Roger N. Schecter, Director NOV 7 1995
COAMEMORANDUM ►` MANAGNAG ME
EMENT
c9
WASHINGTONEOFFICE
TO: John Parker s
FROM: Dennis W. Hawthorn NOV 0 2 1995
SUBJECT: Kitty Hawk Basin y R E M.
Additional comments.. —
DATE: October 26, 1995
It was brought to our attention by one of the reviewing
agencies that they had several concerns regarding the subject
application review prepared by Elizabeth City DCM. These concerns
and clarifications are discussed as follows.
[1] Discrepancy over whether the distance to be excavated out
into Kitty Hawk Bay will be 300 or 400 ft.
The submitted plat work for this project indicate a proposed
excavation channel distance of 400 ft. out into Kitty Hawk Bay.
The distance referenced in paragraph 1 of the PROPOSED WORK Section
should be changed to 400 ft., as is referenced in my
October 9, 1995 memo to you on the Kitty Hawk Basin project.
[2] The prese� of SAV communities in the vicinity of the
proposed work. On 11, 1995 I conducted a field
investigation for thi ject application. Although SAV
communities are known to exist in Kitty Hawk Bay, on the above date
no SAV's were noted in the proposed dredge channel. The DMF has
confirmed the existence of Eurasian milfoil in areas of Kitty Hawk
Bay and shallow areas near the mouth and shoreline of Kitty Hawk
Canal.
No SAV's were identified in the dredge channel. I cannot
quantify it but SAV communities in the vicinity of Kitty Hawk Canal
and Bay would be impacted by the turbidity which would be
associated with channel dredging.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmaflve Action Employer 50% recycled/ 10% post -consumer paper

John Parker, October 19, 1995
Kitty Hawk Basin
Page Two
[3] Connecting water depths. The work plats submitted with
the application indicate an 8 ft. NWL depth.at the terminal end of
the proposed project. On my 9/11/95 field investigation I
confirmed 6 to 8 ft. water depths in the vicinity indicated on the
submitted work plats. Previous staff investigations in 1994
confirmed similar depths,. We do not have navigable resources to
precisely confirm the water depth contours of Kitty Hawk Bay.
The applicant has requested a 5 ft. depth and this depth was
recommended in my 10/9/95 memo.
[4] Total spoil excavation. The total volume of spoil
reported to be excavated by the applicant is 14,,500 cy. This
figure was calculated by R.J. Stewart, Performance Engineering for
the applicant.
When I first reviewed this proposed project, I must admit my
gut feeling was that there would be a whole lot more spoil
generated in this project than the application indicated. I have
studied the work plat cross sections on page 1 of 4. I have had
discussions with the applicant, their consultant; the applicant. has
submitted a copy of the calculation of dredge spoil and revised
numbers on the work plat 1 of 4. Copies of both are attached.
R. L. Watts and myself have reviewed the numbers more than
once. The applicant bases their calculation on the following:
(a) a 3:1 slope ;
(b) that 32.2 cf. per linear £t. would be excavated from 4800
linear ft. of the project (cross section 1-1) ;
(c) that 35.7 cf. per linear ft. would be excavated from
6600 linear ft. of the project (cross section 2-2) ;
With these assumptions and changes the applicant calculates a
total excavation of 14,451 cy. We have done our own calculations
using these same assumptions and are coming up with similar
numbers. We feel that the proposed, volume calculations of dredge
spoil are realistic.
(5] Habitat description. With the revised numbers supplied
by the applicant and the additional review of this proposed
project, we revise the area dredge impact to 306,468 s_f. (7.06 A)
and the total impact area to 366,468 sf. (8.41 A).

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State of North Carolina
Department of Environment,
Health and Natural Resources A
• •
Division of Coastal Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N F1
Roger N. Schecter, Director
November 22, 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 off of SR1208 and SR1210, Kitty Hawk, 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 extend d. An additional 75 days is provided by G.S. 113A-122(c) which would make
Erluua><y 2 1996 the new deadline for reaching a decision on your request. However, we
expect to take action prior to that time and will do so as soon as possible. In the interim, if you
have any question on the status of your application, do not hesitate to contact this office.
Very sincerely,
Jo . Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/aw
cc: Dennis Hawthorne
DCM--Elizabeth City
P.O. Box 27687, Ralelgh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 1 o% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 19, 1995
Mr. Robert Williams, Chairman
Oregon Inlet Waterways Commission
County of Dare
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 off of SR 1208 and SR 1210, Kitty
Hawk, Dare County, Kitty Hawk Bay. It was received on September 6, 1995, and appears
to be adequate for processing at this time. The projected deadline for making a decision is
November 20, 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 19, 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.
Sincerelyj'zLo�r-
Dennis W. Hawthorn
Field Representative I
DWH/dc
Enclosure
cc: John Parker
Richard L. Watts
George Wood

CAMA PERMIT
APPLIED FOR
PROJECT: The applicant proposes to maintenance dredge 14,500 cubic Yards of
material from Kitty Hawk Canal.
COMMENTS ACCEPTED THROUGH October 18, 1995
APPLICANT:
Dare County/Oregon Inlet Waterways Coi
P. 0. Box 100
Manteo, NC 27954
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Dennis W. Hawthorn '
Division of coastal management
on
1367 US 17 South
Elizabeth City, CN 27909

:ENj
1981
9
Town of 7�itty Hawk,
[phone] 101 Veteran' Memaria[Dnve P. O. Box549
faX[phone]itty9fnwF V 27949
December 15, 1995
John R. Parker, Jr-
DEHNR-Div. of Coastal Mgmt.
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Parker,
On behalf of the Town of Kitty Hawk, I would like to inform you
that the Town is in favor of the proposed maintenance dredging
of High Bridge Creek (also known as Jean Guite Creek). Water
activities, both recreational and commercial, are very
important to the citizens of Kitty Hawk. By maintaining one of
the most prominent canals in the Town, this project will help
preserve the importance and usefulness of water related
activities in Kitty Hawk. If you have any questions, I can be
contacted at [phone]. Thank you for this opportunity to
respond.
Si ce ely,
�L
Robert C.W. Nicholl
Town Manager
CC: Mayor Clifton Perry

ErMONHWAL PROFENONALS, Ixc
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.
3/ -r
Signature Date
i-i r7 t�ti�:
jilt,
I It,
n, CEP 61995
L=.
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

RMOMMALPROEMONALS,ING
Planning for a better environment
[phone]
7nU
EPrptgg �j
September 01, 1995
Mr. Charles Perry, Jr.
215 Sandpiper Drive
Kill Devil Hills, NC 27948
Dear Mr. Perry, Jr.:
Attached you Will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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,
tGeorge H. Wood, tEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

_ MoMr ALPRorESSION rs,INC,
Planning for a better environment
[phone]
September 01, 1995
Ms. Elayne K. Martin
4008 Penny Lane
Chesapeake, VA 23322
Dear Ms. Martin:
S E P f' im-�j
b4
------.................___�
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, NC. Should you have questions or comment regarding the
proposed project please contact me or the North Carolina Division or Coastal
Management. I appreciate your consideration of this matter.
Sincerely,
e�bezorge H. Wood; CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

E[VVIEONMII NAL PROFESSIONALS, ING
Planning for a better environment
[phone]
September 01, 1995
Mr. W. B. Twiford Sr.
Estate of J. F. Woodhouse et al ; c orr I
PO Box 355 !I1 I
Manteo, NC 27954
Dear Mr. Twiford, Sr.:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

EI MONMENMPEOFESSIONMINC
Planning for a better environment
[phone]
September 01, 1995
Sirs
Decatur Partnership
934 Kitty Hawk Road
Kitty Hawk, NC 27949
Dear Sirs :
Sto S 199^
. �
Jso u.----------------
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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,
,U G✓c7rr/ ,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

MONHWAL PROFESSIONALS, Ixc,
Planning (or a better environment
[phone]
September 01, 1995
Ms. Beulah S. Perry
c/o Judith Chamberlain
107-A S. Lucia Avenue
Redondo Beach, CA 90277
Dear Ms. Perry:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, NC. Should you have questions or comment regarding the
proposed protect please contact me or the North Carolina Division of Coastal
Management. I appreciate your consideration of this matter.
Sincerely,
eorge H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENMODIINIIV'fAt PROFERONM INC,
Planning for a better environment
[phone]
September 01, 1995
Mrs. Edgar Perry
1613 Sir Walter Road
Kill Devil Hills, NC 27948
Dear Mrs. Perry:
SEP 6 1295
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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

MONlrMALPROFERONAL4,INC,
Planning for a better environment
[phone]
September 01, 1995
Sirs
Dare County
PO Box 1000
Manteo, NC 27954
Dear Sirs :
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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,
4"
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

Planning for a better environment
[phone]
September 01, 1995
Ms. Judith Chamberlain
Zenith Fearing Perry Heirs
107-A S. Lucia Avenue
Redondo Beach, CA 90277
Dear Ms. Chamberlain:
I
SEP 61s95 ��I
-------------•-------------
Attached you Will find an application made on behalPof Darc County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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,
George H. Wood/ CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

Planning for a better environment
[phone]
September 01, 1995
Mr. and Mrs. Floyd G. Harris
9330 Peachtree Street
Norfolk, VA 23503
Dear Mr. and Mrs. Harris:
SEP S 1995
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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,
4r-
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROL]NA 2 7 9 4 8 - 3 3 6 8

_ &MONKMALPROFE5SIOM ING
Planning for a better environment
[phone]
September 01, 1995
it
Mr. Diamantis Kampanis
c/o Johnny K's BP and Currituck Pizza
-------------
RT # I Box 60
Powells Point, NC 27966
Dear Mr. Kampanis:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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.
Singerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

EI MOxONALPROFERONMINC
Planning for a better environment
[phone]
September 01, 1995
Mr. Joseph Dempsey Perry
C/O Clifton Perry
1122 W. Kitty Hawk Rd.
Kitty Hawk, NC 27949
Dear Mr. Perry:
j S"tP S 1995 �;'
�t
t r_J
-----------------------
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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 /
eorge H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILL5, NORTH CAROLINA 27948.3368

` &MONWrre ROFERoMING
Planning for a better environment
[phone]
September 01, 1995
Mr. Gilbert Lee Henley
717 Pasadena Road
Pasadena, MD 21 122
Dear Mr. Henley:
Attached you will find an application made on behalf of Dare County Oregon Inlet
Waterways Commission to dredge the access channel which is adjacent to your
property in Kitty Hawk, 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, '
George H. Wood, {CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

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DMESTIC RETURN RECEIPT

„
-• aver c= -- ;�. II r.,�r.ir ---
�LJM....
o STATE OF
FILED
'30 SEP 29 PH 4 .41
ALVA C.WISE
REGISTER OF DEEDS
DARE C0UINTY,tt.C.
Excise Tax '� -? V I iew. Book and page
Tax Lat No. .. Parcel Identifier No. .. .: .._....
Verified by . .. .: ..: .. .. ... County on the day of .. 19 ._. .....
Mail after recording to Starkey Sharp, Kellogg, White and Evans,....:. .. ...-........
.., ., .. . P, .0, Box. 221, Kitty Ilawk, NC 27949 _.,.......... :. .. ...., _.:._ - ..............
This instrument was prepared by .:.Starkey Sharp, Kellogg, White and., Evans
Brief description for the Index KITTY HA14K
NOR 11 CAROL[NA- GFNERAL WARRANT DEED
THIS DEED made this 1st dny of September.. . 17 80 , be and between
GRANTOR
B&B ASSOCIATES,
North Ca-clina limited
partnership
GRANTEE
DECATUR PARTNERSHIP,
a North Carolina general par.trership,
of P. 0. Box SR-A1.
Kitty Hawk, NC 27949
Enlrr in approprialr blur, for each pc ly: nm+m, address, and, if uifr.priate, character of entity, e.q. eurpnrttiou or parinrrship.
The designation Grantor and Grantee as used herein shall include said par2les, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
'NIUNESSEIil. that the Grantor, for a valuable enusideratiml paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the!54r,x&tt Village of Kitty Hawk Atlantic Township,
Dare County, North Carolina :rod nutrc p;trticul;n'Ir described s follows:
See an attachment labelled "Appendix A" which describes two (2) parcels
of land and which is incorporated herein as if set out word for word.
There is also conveyed herewith all rights held by grantor in 'streets,
roads, access ways, waterways and other like properties, riparian rights
as may now be owned by grantor or which may accrue to grantor hereafter
and rights arising out of restrictive covenants and amendments of record
and plats of record; it being the intention of this convevance to convey
all rights which may now or hereafter be vested in the grantor herein as
developer of the subdivision known as Kitty Hawk Landing, referred to in
rho de<rri n^inn nP nrnnr+ri r•: I! rl;-lhrd. and chi: am:vevanre is ;node with

1
nv '199 rut 931
SEP 6 1995
The properly hereinabove described Was acquired by Grantor by instrument recorded in ......Book-286,...paga-3...............
............ Darc ..County ..Public Registry .............
A map showing the above described property is recorded in Plat Book.....A....................... page ........ 65
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Granlur coven,,nts with the Grantee, that Grantor is seized of the premises in fee simple. has the tight to convey
the same in fee simple. that title is marketable, and free and clear of all encumbrances, and that Grantor Will warrant and
defend the title against the lawful claims of ;tl! pel uns whamsoeeer except for the exceptions hereinafter slated.
Title to the property hureinabove described is subject to the following exceptions:
IN IVITYESs WNEM:01', the Gra,tnr has herenme set he, hand ,,,it uel, ,, it n,.ora It. by nosed lei, Imtrumnst ILL he s✓nCd In Its
rorpocal, n C by sdal) aulh.,Iaed ulnrers and es feat W be hcreunw affe"d by null....... ..! Iss no, n1 u1 n... mo. in, day Lnd Ytal fell'
above issiltenuLis
B&B ASSOCIATES, a North Carolina _ is eau
--------------------------------------------------------- --- --......_.-- ....._.--'— ------------
(Corporate same) - Limit 8 Partnera�p / j
By: -------------------------- _----- _--------- ______________ E r -.�..� I
..Y.: �.ca_. -:tic_:._,/---_1_ --- ....._(scau
William W. Berkett
____________________________President 1 -
ATTEST: d_ ___ __ _____ ____ 2 ��--------(SL'A1.)
__.__ �Y
Alvis G. Beacham
\_
_..__.-----—_
.._________________________________________--_ v
' �}ntn.nryh
...5<urta4 (Corpora[ scow
(SEAL)
f• `tV'I i1)1'f' % Soon CAROLI?A.......... D:7 re ------------------- cancel Y.----------
`- sotury r::bl, of lnr Rmmy :,nd sate s!orrsaln. recur; hat W111i.a)n-{:L.-Be C;ce[C,-.a_.ge^_erzl
FUBL�_ , EaxCneX-oi...'..L B.-:vssociaces ,._a.'toafih_Car_olina-.L.imited. Partnership,.---orantor.
personany apynrtd before me WIs nay and ukno,ieJCcd the execution of the lorc601119 Instrument lt'Itness my
f+a`'•�gC�_ COUHlY� ro`,' hand and oui[Ia camp nl ]eat, this ..?:3.' day or ._._._.._September .................. 19'aD...
•. h
rarr4n,uuasats
cep', [,Picas: -.� - -- -- 3__________________
SEAL-STAVI, NORTH CAROLINA- --- -Count)'.
11 a SVlary i'u Llic of it,, fount, and [laR almcxal J, ecru¢ Ihal _. _ -
s PersonallY sane before nth this day and arknuu'IeJCed tlut ..__ he Is --------------------------- Secretary of
y................................................ .. ..... a yurlls Ca roll,, coryunllon, and nu& by aulburtt)' duly
Led aul foregoing Imtrunient \vas signed in its name by Its
^ Clr[n as the act of Ilse 1'tvalian, IISC IOre C , ] s
Prrsldent scaled ,vlth its corpos,e, seal and attested by ........... as Itn ........................... srtrelary.
L
it.
lln Cis ...)• LanJ and utncial sla,ga or seal, this -------dap of --------------------------- IS_._-___-•
Vy u,uunb]ion "),I rev- ------------------------------- ---------------------------------------- \ot." laublle
\ C1 J
aleao Tb. L.r,c,,:nr ornnb,:..,, G`.'C.L ^t' ,\.1.. !. ,,C rl.�. 1. [l ^. �.. '- U_:_f',..C,. 'l .......---

SEP 6 1995
APPENDIX A
rnucict. ONIi -----------------------
Beginning al: a cuncre LC. InelluWCnt si Lua Led un On' P:.tsL
boundary line of Ole yamuie B. Percy, eL al.s proper Ly
as the same adjoins Newfoundlin Cut, said concrete
monument being situated on said line South of the South
boundary of the fence which surrounds the Fannie 11. ferry
home, Lhence. running from said concrete monuuent South 77 deg.
West 100 foe[ to concrete monument, said monument being
situated South a distance of 170 feet from the South side of
the Fannie B. Perry house; thence continuing South 77 deg.
West 164.4 feet to a concrete man, q thence continuing
South 77 deg. West 180 feet to nidgctte fond; Lhenec
•southerly to Northern GI[; the in a Southerly direction
following the various courses and uleanderi.ngs nf. Northern
Cut Co kitty lla•.+k 1My; thuncc lastwardly followin;; the various
courses of Kitty hawk Bay to Rush flog Island Point; thence to
Newfoundlin Gut; thence in a Northerly dirccl.ion following the
various courses of liewfoundlin Cut to the Point or Place of
beginning.
Said land being conveyer togudber with an casel:,ent of right
of way of 60 feet in width of ingress and egress in and over
the other lands belonging to Fannie B. Perry, Gloria Perry
Creef and Charles Willis Perry, Jr.; said easel,,ent of right
of way lading from the State klaintained Public Road leading
into the Fannie B. Perry home place, over the Fannie B. Perry
home tract in a generally Southerly direction to the Northern
line of the tract herein conveyed.
Being the same lands conveyed to William Wells Beckett et
by deed of Timber, Inc, recorded in Book.160, page 245,
Dare Cou,Ly :eg-strY. .
PARCEL TWO
All of those certain lots or parcels of land more particularly
described In a certain deed dated 9'June _ , 1971, from
Alvis G. Boacham and Gay Beachaa, his'wife, to B 6 B Associates, a
North Carolina Limited Partnership, said Deed being duly recorded in
Book 174 at Page 633 , Dare County Registry. SAVING AND EXCEPTING
therefrom, however, those lots constituting a part of the hereinbefore
described Parcel Two and specifically identified as follows:
Kitty hawk Landing, Section I as shown in :lap Book
Four at Pages 86 and 87 in the Office of the Registry
of Deeds of Dare County, North Carolina, as Lots
numbered 1-8 inclusive, Lot 10, Lots 13-17 and 19-23. inclusive.
Kitty Hawk Landing, Section II as shown it, Map Book
Four at Pages 80 and 89 in the Office of Lhe Registry
of Deeds of Dare County, North Carolina, Lots 1-2 in-
clusive, Lot 19, Lot 21, Lots 23-31 inclusive.

SEP 6 1995
l!
u
NORTH CAROLINA
DARE COUNTY AGREEMENT
THIS CONTRACT, made and entered into this day of
August, 1995, by and between DARE COUNTY (County) and DECATUR
PARTNERSHIP (Decatur).
W I T N E S S E T H:
WHEREAS, County contemplates participating in a dredging
project in the Kitty Hawk -Boat Basin. The canal which will
require dredging is approximately 11,400 feet long, and the
project is expected to produce 14,500 cubic yards of material
for which a spoil disposal area will be needed. Decatur has
indicated an interest in supplying a spoil area in return for
ownership of the spoils.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the parties hereto mutually
contract and agree as follows:
1. Decatur agrees to furnish a spoil site for the
dredging project in return for ownership of the spoils.
2. The spoil site to be furnished by Decatur is
identified on the attached "Exhibit A". The dike disposal
area is to be approximately 600 feet long by 120 feet wide by
10 feet, which will provide for an approximate ratio of
disposal area to spoil generated of 2 to 1.
Low
3. Dare County agrees that it will remove the-4�9t and
other large debris from the above described spoil site. Said
removal to be accomplished on or before February 1, 1996.
4. County will obtain all necessary State and Federal
permits.
5. County will supervise the project to assure
compliance with permit conditions as well as plans and
specifications.
6. Upon completion of the project, County agrees to
remove effluent pipe from the dike disposal area, and to
stabilize, grass and clean up the area.

7. County will hold Decatur harmless from any damages
that may result from the construction and operation of the
project.
B. County anticipates that the spoils will consist
mainly of decaying organic matter, mud -and sand and will be
of a usable nature to Decatur. However, if the spoil
contents consist of other materials, to the extent that they
are not usable, the County will assist Decatur in disposal of
same.
IN WITNESS WHEREOF, the parties_ hereto have executed
this agreement in duplicate originals, one of which is
retained by each of the parties.
DECATUR PARTNERSHIP
By: • j
DARE COUNTY
ZZ
(� S E P 6 1995
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State of North Carolina
Department of Environment,
v�C
Health and Natural Resources
Division of Coastal Management
n
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
CERTHUD MAH.
RETURN RECEIPT REQUESTED
�P�MPN�`
April21, 1997
Mr. Dan Burrus
Cape Dredging Co.
P. O. Box 446
Buxton, NC 27920
1DEHNFR
Re: VIOLATI CAMA MAJOR PERMIT & DREDGE AND FILL
—� P N0.9-96
CAMA VIOLATION NO. 97 -13A
Dear Mr. Burrus :
On January 17, 1996, State Permit No. 9-96 was issued to the County of Dare by the Coastal
Resources Commission and the North Carolina Department of Environmental Health and
Natural Resources for the dredging of the Ditty Hawk Canal and access channel within the
Public Trust Waters of North Carolina in Dare County. This permit was issued for CAMA
Major Development in Areas of Environmental Concern, North Carolina General Statutes
(hereinafter abbreviated NCGS) 113a-118, and for excavation and filling, NCGS 113-229(a). A
copy of this Permit is attached.
Information gathered by the Division of Coastal Management shows that you have violated
several conditions of your CAMA Permit 9-96.
As of my inspections of the site on February 24te and March 25'", 1997, and due to the
conditions I have found onsite it is my opinion that the following terms and conditions of this
permit have been violated.
[a] No excavation will be permitted between February 15te and October 313' of any
calendar year with out prior approval of the Division of Coastal Management.
Condition 1.
[b] The permittee shall provide a temporary staked delineation of the dredge channel
which will be verified by a Division of Coastal Management staff representative
prior to any excavation within any2ublic Trust Waters. Condition 3.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 NOC An Equal Opportunity / Affirmative Action Employer
Voice 919-264-3901 FAX [phone]% recycled / 10% post -consumer paper

Mr. Dan Burrus, Cape Dredging Co.
Notice of Violation
Apri121,1997
Page 2
[c] All fill will be confined above the NWL and landward of any wetlands or waters.
Conditions S and 7.
[d] The spoil disposal area will be constructed in such a way or sufficient distance
from the NWL or any wetlands to eliminate the possibility of any dike failure or
erosion of spoil into any wetlands or surrounding waters. (Condition 8).
[e] A water control structure will be installed which will assure effluent discharge
compliance with water quality standards. (Condition 10).
[f] Operation of effluent discharge from the spoil containment area will assure
effluent meets a 72 hour settling period prior to discharge into the basin.
In this regard, I am requesting that you undertake action to comply with Major Permit #9-96 and
restore damage which occurred due to your violations of this permit. The attached Restoration
Agreement stipulates this necessary action. As of the date of this letter some of these actions
have been taken.
If you intend to comply with my request and the action stipulated in the attached Restoration
Agreement, please sign one of the attached Restoration Agreements and return it to me in the
enclosed self-addressed envelope within ten days of receipt of this letter. Failure to comply with
this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice
of Continuing Violation and result, if necessary, in a court injunction being sought ordering
compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an
injunction or criminal penalty may be sought against any person who violates a CAMA Major
Development permit. It is the policy of the Coastal Resources Commission to assess a minimum
civil penalty of One -Hundred Fifty Dollars ($150.00) against all violations. This is done to re -
coupe some of the costs of investigating violations and to compensate the public for any damage
to its natural resources. Whether a higher amount will be assessed will depend on several
factors, including the nature and area of the resources which were affected and the extent of
damage to them. If restoration of the affected is requested but not undertaken or completed to
satisfaction, a higher civil penalty will be assessed and a court injunction may be sought against
any person who violates a Dredge and Fill Permit. NCGS 113-229 (k) and (1).

Mr. Dan Burrus, Cape Dredging Co.
Notice of Violation
Apri121,1997
Page 3
In addition, prior to any future commencement of work on this project, the permittee is advised
to contact this office prior to the commencement of any other work to assure that each and every
condition is followed and met.
I request that you contact me immediately regarding these violations. A site inspection will be
made in the near future.
Sincerely,
Dennis W. Hawthorn
Coastal Management Representative
cc: P. Pate, DCM
R. L. Watts, DCM
John Parker, DCM
R. Bland, US COE, Washington Field Office
John Domey, Debra Sawyer, NC DWQ
Richard Peed, DLQ

:i
RESTORATION AGREEMENT
FOR
DAN BURRUS, CAPE DREDGING CO.,
KITTY HAWK CANAL AND BOAT BASIN
[1] Cease all channel or canal dredging and pumping activities as of February 15,
1997 as per Major Permit 9-96 except that which is required by this restoration
agreement.
[2] Prior to spill clean up in the basin, the permittee shall install and work behind an
approved siltation curtain, inspected by a Division representative. This siltation
curtain will be inspected and approved before any dredging begins.
[3] Remove sufficient spoil material from the boat basin and ramp area by April 30,
1997 so that the ramp facility can be used during the upcoming season.
[4] Remove the remaining spoil within the basin after October 31, 1997 and before
February 15, 1998. This work may be done without a siltation curtain.
[5] Comply with all conditions of CAMA Major Permit #9-96 which shall remain in
effect.
[6] Submit a wetland restoration plan (7 copies) to the NCDCM by June 1, 1997.
Restore all wetland areas impacted by the spoil retention dike break per the
approved restoration plan.
[7] Submit a Spoil Management Plan for approval prior to any renewed dredging
within Kitty Hawk Canal.
I agree to complete the above restoration by those dates specified above.
Name of violator
Date

f'
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 21, 1997
Mr. Robert Stewart
Performance Engineering
P. O. Box 2004
Kill Devil Hills, NC 27948
_'fir
[DEHNR
Re: VIOLATIONS OF CAMA MAJOR PERMIT & DREDGE AND FILL
PERMIT NO. 9-96
CAMA VIOLA77ONNO. 97 -12A
Dear Mr. Stewart:
On January 17, 1996, State Permit No. 9-96 was issued to the County of Dare by the Coastal
Resources Commission and the North Carolina Department of Environmental Health and
Natural Resources for the dredging of the Kitty Hawk Canal and access channel within the
Public Trust Waters of North Carolina in Dare County. This permit was issued for CAMA
Major Development in Areas of Environmental Concern, North Carolina General Statutes
(hereinafter abbreviated NCGS) 113a-118, and for excavation and filling, NCGS 113-229(a). A
copy of this Permit is attached.
Information gathered by the Division of Coastal Management shows that you have violated
several conditions of your CAMA Permit 9-96.
As of my inspections of the site on February 241h and March 25th, 1997, and due to the
conditions I have found onsite it is my opinion that the following terns and conditions of this
permit have been violated.
[a] No excavation will be permitted between February 151h and October 31"of any
calendar year with out prior approval of the Division of Coastal Management.
Condition 1.
[b] The permittee shall provide a temporary staked delineation of the dredge channel
which will be verified by a Division of Coastal Management staff representative
prior to any excavation within any Public Trust Waters. Condition 3.
1367 U.S. 17 South, Elizabeth City North Carolina 27909 N 4 An Equal opportunity / Afflrngtive Action Employer
voice 919-264-3901 FAX [phone] ,�„�� 50% recycled / 10% Post -consumer paper

e
Mr. Robert Stewart, Performance Engineering
Notice of Violation
April21,1997
Page 2
[c] All fill will be confined above the NWL and landward of any wetlands or waters.
Conditions 5 and 7.
[d] The spoil disposal area will be constructed in such a way or sufficient distance
from the NWL or any wetlands to eliminate the possibility of any dike failure or
erosion of spoil into any wetlands or surrounding waters. (Condition 8).
[e] A water control structure will be installed which will assure effluent discharge
compliance with water quality standards. (Condition 10).
[f] Operation of effluent discharge from the spoil containment area will assure
effluent meets a 72 hour settling period prior to discharge into the basin.
In this regard, I am requesting that you undertake action to comply with Major Permit #9-96 and
restore damage which occurred due to your violations of this permit. The attached Restoration
Agreement stipulates this necessary action. As of the date of this letter some of these actions
have been taken.
If you intend to comply with my request and the action stipulated in the attached Restoration
Agreement, please sign one of the attached Restoration Agreements and return it to me in the
enclosed self-addressed envelope within ten days of receipt of this letter. Failure to comply with
this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice
of Continuing Violation and result, if necessary, in a court injunction being sought ordering
compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an
injunction or criminal penalty may be sought against any person who violates a CAMA Major
Development permit. It is the policy of the Coastal Resources Commission to assess a minimum
civil penalty of One -Hundred Fifty Dollars ($150.00) against all violations. This is done to re -
coupe some of the costs of investigating violations and to compensate the public for any damage
to its natural resources. Whether a higher amount will be assessed will depend on several
factors, including the nature and area of the resources which were affected and the extent of
damage to them. If restoration of the affected is requested but not undertaken or completed to -
satisfaction, a higher civil penalty will be assessed and a court injunction may be sought against
any person who violates a Dredge and Fill Permit. NCGS 113-229 (k) and (1).

Mr. Robert Stewart, Performance Engineering
Notice of Violation
April21,1997
Page 3
In addition, prior to any future commencement of work on this project, the permittee is advised
to contact this office prior to the commencement of any other work to assure that each and every
condition is followed and met.
I request that you contact me immediately regarding these violations. A site inspection will be
made in the near future.
Sincerely,
i
s W. Hawthorn
Coastal Management Representative
cc: P. Pate, DCM
R. L. Watts, DCM
John Parker, DCM
R. Bland, US COE, Washington Field Office
John Domey, Debra Sawyer, NC DWQ
Richard Peed, DLQ

RESTORATION AGREEMENT
FOR
PERFORMANCE ENGINEERING
KITTY HAWK CANAL AND BOAT BASIN
[1] Cease all channel or canal dredging and pumping activities as of February 15,
1997 as per Major Permit 9-96 except that which is required by this restoration
agreement.
[2] Prior to spill clean up in the basin, the permittee shall install and work behind an
approved siltation curtain, inspected by a Division representative. This siltation
curtain will be inspected and approved before any dredging begins.
[3] Remove sufficient spoil material from the boat basin and ramp area by April 30,
1997 so that the ramp facility can be used during the upcoming season.
[4] Remove the remaining spoil within the basin after October 31, 1997 and before
February 15, 1998. This work may be done without a siltation curtain.
[5] Comply with all conditions of CAMA Major Permit #9-96 which shall remain in
effect.
[6] Submit a wetland restoration plan (7 copies) to the NCDCM by June 1, 1997.
Restore all wetland areas impacted by the spoil retention dike break per the
approved restoration plan.
[7] Submit a Spoil Management Plan for approval prior to any renewed dredging
within Kitty Hawk Canal.
I agree to complete the above restoration by those dates specified above.
Name of violator
Date

v
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April21, 1997
County of Dare
c/o Mr. Ray Sturza
P. O. Box 1000
Manteo, NC 27954
40WA:
��
IDEHNFR
Re: VIOLATIONS OF CAMA MAJOR PERMIT & DREDGE AND FILL
PERMIT NO. 9-96
CAAIA VIOLATION NO. 97 - IIA
Dear Mr. Sturza :
On January 17, 1996, State Permit No. 9-96 was issued to the County of Dare by the Coastal
Resources Commission and the North Carolina Department of Environmental Health and Natural
Resources for the dredging of the Kitty Hawk Canal and access channel within the Public Trust
Waters of North Carolina in Dare County. This permit was issued for CAMA Major
Development in Areas of Environmental Concern, North Carolina General Statutes (hereinafter
abbreviated NCGS) 113a-118, and for excavation and filling, NCGS 113-229(a). A copy of this
Permit is attached.
Information gathered by the Division of Coastal Management shows that you have violated
several conditions of your CAMA Permit 9-96.
As of my inspections of the site on February 24' and March 25', 1997, and due to the
conditions I have found onsite it is my opinion that the following terms and conditions of this
permit have been violated.
[a] No excavation will be permitted between February 15's and October 31 ' of any
calendar year with out prior approval of the Division of Coastal Management.
Condition 1.
[b] The permittee shall provide a temporary staked delineation of the dredge channel
which will be verified by a Division of Coastal Management staff representative
prior to any excavation wit4y11aNg;uA Trust Waters. Condition 3.
1367 U.S. 17 South, Elizabeth City. North Carolina 27909
Volce 919-264-3901 FAX [phone]
An Equal opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper

County of Dare
Notice of Violation
APH121,1997
Page 2
[c] All fill will be confined above the NWL and landward of any wetlands or waters.
Conditions 5 and 7.
[d] The spoil disposal area will be constructed in. such a way or sufficient distance .
from the NWL or any wetlands to eliminate the possibility of any dike failure or
erosion of spoil into any wetlands or surrounding waters. (Condition 8).
[e] A water control structure will be installed which will assure effluent discharge
compliance with water quality standards. (Condition 10).
[f] Operation of effluent discharge from the spoil containment area will assure
effluent meets a 72 hour settling period prior.to discharge into the basin.
In this regard, I am requesting that you undertake action to comply with Major Permit #9-96 and
restore damage which occurred due to your violations of this permit. The attached Restoration
Agreement stipulates this necessary action. As of the date of this letter some of these actions
have been taken.
If you intend to comply with my request and the action stipulated in the attached Restoration
Agreement, please sign one of the attached Restoration Agreements and return it to me in the
enclosed self-addressed envelope within ten days of receipt of this letter. Failure to comply with
this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation and result, if necessary, -in a court injunction being sought ordering
compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an
injunction or criminal penalty may be sought against any person who violates a CAMA Major
Development permit. It is the policy of the Coastal Resources Commission to assess a minimum
civil penalty of One -Hundred Fifty Dollars ($150.00) against all violations. This is done to re -
coupe some of the costs of investigating violations and to compensate the public for any damage
to its natural resources. Whether a higher amount will be assessed will depend on several
factors, including the nature and area of the resources which were affected and the extent of
damage to them. If restoration of the affected is requested but not undertaken or completed to
satisfaction, a higher civil penalty will be assessed and a court injunction may be sought against
any person who violates a Dredge and Fill Permit. NCGS 113-229 (k) and (1).

County of Dare
Notice of Violation
Apri121,1997
Page 3
In addition, prior to any future commencement of work on this project, the permittee is advised
to contact this office prior to the commencement of any other work to assure that each and every
condition is followed and met.
I request that you contact me immediately regarding these violations. A site inspection will be
made in the near future.
Sincerely,
Dennis W. Hawthorn
Coastal Management Representative
cc: P. Pate, DCM
R. L. Watts, DCM
John Parker, DCM
R. Bland, US COE, Washington Field Office
John Domey, Debra Sawyer, NC DWQ
Richard Peed, DLQ

RESTORATION AGREEMENT
FOR
COUNTY OF DARE, KITTY HAWK CANAL AND BOAT BASIN
[1] Cease all channel or canal dredging and pumping activities as of February 15,
1997 as per Major Permit 9-96 except that which is required by this restoration
agreement.
[2] Prior to spill clean up in the basin, the permittee shall install and work behind an
approved siltation curtain, inspected by a Division representative. This siltation
curtain will be inspected and approved before any dredging begins.
[3] Remove sufficient spoil material from the boat basin and ramp area by April 30,
1997 so that the ramp facility can be used during the upcoming season. .
[4] Remove the remaining spoil within the basin after October 31, 1997 and before
February 15, 1998. This work may be done without a siltation curtain.
[5] Comply with all conditions of CAMA Major.Permit #9-96 which shall remain in
effect.
[6] Submit a wetland restoration plan (7 copies) to the NCDCM by June 1, 1997.
Restore all wetland areas impacted by the spoil retention dike break per the
approved restoration plan.
[7] Submit a Spoil Management Plan for approval prior to any renewed dredging
within Kitty Hawk Canal.
I agree to complete the above restoration by those dates specified above.
Name of violator
Date

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY To
ATTENTION OF
Mach 21, 1997
Regulatory Branch
ACTION ID: 199705095
County of Dare
c% Mr. Ray Sturza, Dare County Planner
Post Office Box 1000
Manteo, North Carolina 27954
Dear Mr. Sturza:
0
This correspondence is to confirm your March 13, 1997, telephone conversation with Mr.
Raleigh Bland of my regulatory staff, and our subsequent March 19, 1997, onsite inspection of the
work being conducted at the Kitty Hawk Canal maintenance dredging project, located off State
Road 1210, adjacent Kitty Hawk Bay, in Kitty Hawk, Dare County, North Carolina. The purpose
of both our telephone contact and our subsequent inspection was to address your non-
compliance to the terms and conditions of Department of the Army (DA) Permit No. 199505838
issued to Dare County and the Oregon Inlet and Waterways Commission and resulting
unauthorized filling activities that have adversely effected maritime wetlands, coastal marsh, and
open waters of the United States on property owned by Dare County. Present during the
inspection, which was conducted by Messrs. Bland and David Lekson (also of my staff), were
Messrs. Richard Watts, Dennis Hawthorn, and Ed Harrell of the North Carolina Division of
Coastal Management, Messrs. Richard Peed and Pat McClain of the North Carolina Division of
Land Quality, Mr. Robert Stewart of Performance Engineering (a consultant for Dare County),
and Mr. Danny Burrus of the Cape Dredging (your contractor).
My staffs inspection has revealed that your contractor has violated eight General and
Special Conditions of the Department of the Army permit, which has resulted in dredged materials
being deposited over approximately 51,618 square feet (I.19 Acres) of waters and wetlands
subject to our regulatory jurisdiction. Therefore, this work, undertaken in noncompliance with
your permit has resulted in a violation of Section 404 of the Clean Water Act (33 U.S.C. 1344)
and Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403). I understand that both you
and your contractor have verbally agreed to cease and desist from any further unauthorized work
within waters and wetlands of the United States and have indicated that you will cooperate with
my staff in developing a plan for remedial action. ;
P..1W on 0 ReqoW Raper

-2-
You are cautioned that a failure to honor your commitment to cease and desist from
additional unauthorized activities in waters and wetlands of the United States may result in the
revocation of the permit issued to the Dare County/Oregon Inlet and Waterways Commi§sion for
work on the Kitty Hawk Canal Project. As previously discussed, your contractor (Cape
Dredging) is being held jointly responsible for this unauthorized activity, and it is their
responsibility to work with the County to resolve this matter in compliance with the law. You
are also advised that we are strongly considering levying an administrative fine for violations of
permit conditions pursuant to 33 U.S.C.A. Section 1319 (g)(1)(b).
Any questions regarding this matter may be addressed to Mr. Bland at the Washington
Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000,
telephone [phone], extensi6n 23.
Sincerely,
Michael D. Smith, P.W. S.
Chief, North Section
Regulatory Branch

-3-
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
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
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Larry Hardy
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. John Dorney
Department of Environment, Health and
Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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, District Manager
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Cape Dredging Company
c/o Mr. Danny Burrus
Post Office Box 446
Buxton, North Carolina 27920
Performance Engineering
c/o Mr. Robert Stewart, Jr.
Post Office Box 2004
Kill Devil Hills, North Carolina 27948

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 50'
WILMINGTON. NORTH CAROLINA 28402.1890
REPLYTO
ArfENMN OF
March 21, 1997
Regulatory Branch
ACTION ID: 199705095
Mr. Danny Burrus
C/o Cape Dredging Company
433 West Bridge Lane
Nags Head, North Carolina 27959
Dear Mr. Burrus:
This correspondence to confirm your March 13, 1997, telephone conversation with
Mr. Raleigh Bland of my regulatory staff; and our subsequent March 19, 1997, onsite inspection
of the work that you have been performing at the Kitty Hawk Canal maintenance dredging
project, located off State Road 1210, adjacent Kitty Hawk Bay, in Kitty Hawk, Dare County,
North Carolina. The purpose of both our call and our subsequent inspection was to address many
instances of noncompliance with the terms and conditions of Department of the Army (DA)
Permit No. 199505838 issued to Dare County and the Oregon Inlet and Waterways Commission
and the resulting unauthorized filling activities that have adversely effected maritime wetlands,
coastal marsh, and open waters of the United States on property owned by Dare County. Present
during the inspection, which was conducted by Messrs. Bland and David Lekson (also of my
staff) and including yourself, was Messrs. Richard Watts, Dennis Hawthorn, and Ed Harrell of the
North Carolina Division of Coastal Management, Messrs. Richard Peed and Pat McClain of the
North Carolina Division of Land Quality; and Mr. Robert Stewart, a consultant for Dare County.
My staffs inspection has revealed that your actions, as the contractor for Dare County,
have violated eight General and Special Conditions of the Department of the Army permit issued
to Dare County, which has resulted in dredged materials being deposited over approximately
51,618 square feet (1.19 Acres) of waters and wetlands subject to our regulatory jurisdiction.
Therefore, this work, undertaken in noncompliance with the County's permit, has resulted in a
violation of Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). I understand that both you and the Dare County
officials have verbally agreed to cease aild desist from any further unauthorized work within
waters and wetlands of the United States, and have indicated that you will cooperate wit 12 d
staff in developing a plan for remedial action. s
Ty'fC^y,,li9
wtr� / 9�
PnMed on ® Reryded Paper

I
-2-
You are cautioned that a failure to honor your commitment to cease and desist from
additional unauthorized activities in waters and wetlands of the United States may result in the
revocation of the Department of the Army Permit issued to Dare County and the Oregon Inlet and
Waterways Commission for work on the Kitty Hawk Canal Project. As previously discussed,
both you and Dare County are being held jointly responsible for this unauthorized activity, and it
is your responsibility to work with the County to resolve this matter in compliance with the law.
You are also advised that we are strongly considering levying an administrative fine for violations
of permit conditions pursuant to 33 U.S.C.A. Section 1319 (g)(1)(b).
Any questions regarding this matter may be addressed to Mr. Bland at the Washington
Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000,
telephone [phone], extension 23.
Sincerely,
Michael D. Smith, P.W.S.
Chief, North Section
Regulatory Branch

-3-
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bem Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
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
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Larry Hardy
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
County of Dare
c/o Mr. Ray Sturza, County Planner
Post Office Box 1000
Manteo, North Carolina 27954
Mr. John Domey
Department of Environment, Health and
Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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, District Manager
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Floyd Williams
Division of Land Quality
North Carolina Department of Environment,
Health, and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Performance Engineering
c% Mr. Robert Stewart, Jr.
Post Office Box 2004
Kill Devil Hills, North Carolina 27948

SAWCO-R/Wright
SAWCO-RWBland & Lekson
SUSPENSE

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
June 16, 1997
Mr. Robert J. Stewart, Jr., P. E.
Performance Engineering
P. O. Box 2004
Kill Devil Hills, NC 27948
�t,M
EDEHNFR
RECEIVED
JUN 2 0 1997
COASTAL MANAGEMENT
Re: Dare County Inlet and Waterway Commission
Maintenance Dredging Project
High Bridge Creek to Bitty Hawk Bay
US COE Action ID 199705095
Dare County Boat Ramp, Bob Perry Road
Dear Mr. Stewart:
We are in receipt of your June 2, 1997 letter to the US COE requesting a time extension to re-
configure the spoil retention area and to restore the impacted adjacent wooded and coastal
wetlands which were impacted by the retention structure's previous failures, as set forth in our
restoration agreement and the US COE May 8, 1997 action letter from Wayne Wright.
So long as the US COE has no objections to this request, I have no objection with this extension.
However, I believe that much of the spoil which spilt into the adjacent coastal and wooded
wetlands, could have been removed before now and would not have presented a disposal problem
because much of these areas have been dry. Most of May and the first week of June, we have
experienced low tide conditions. Much of the spoil material could have been removed and
stockpiled on the adjacent high ground hummock and then double handled to another location.
The US COE has requested that all wetland restoration work be completed within 30 days of the
receipt of your letter from them. Allowing for two weeks for delivery, etc., this correlates to
having this wetland restoration work completed by June 22, 1997. Assuming that the US COE
approves this extension, the new completion date will be August 6, 1997.
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 N C An Equal Opportunity / Affirmative Action Employer
Voice 919-264-3901 FAX [phone]% recycled / 10% post -consumer paper

Robert Stewart, Performance Engineering
Dare County Boat Ramp
June 16,1997
Page 2
To expedite the restoration work in the coastal marsh and other adjacent wetland areas, I suggest
we meet on site and specifically delineate those areas where restoration should begin and so
forth. It would be best if the US COE could also attend this meeting.
Please call my office so we can arrange this meeting. If I can be of other service to you or Dare
County, please do not hesitate to contact my office at [phone].
Sincerely,
Dennis W. Hawthorn
Coastal Management Representative
Division of Coastal Management
cc : R. L. Watts, DCM
R. Bland / Tom Walker, US COE, Washington
Ray Sturza
Dan Burrus, Cape Dredging
P. Pate, Jr., DCM
John Parker, DCM
John Domey, DWQ, Raleigh

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
ACTION ID: 199705095
County of Dare
c/o Mr. Terry Wheeler, County Manager
Post Office Box 1000
Manteo;North Carolina 27954
Dear Mr. Wheeler:
May 8, 1997
R4`cF,VF
7
c0ASTA<MqN G�99j
MFNT
Please reference the March 21, 1997, Cease and Desist letter we issued to the County of Dare
for the unauthorized discharge of dredged and fill material within waters and wetlands on
property owned by Dare County, located off State Road 1210, adjacent Kitty Hawk Bay, in Kitty
Hawk, Dare County, North Carolina.
Based upon my staffs onsite inspection of the effected waters and wetlands, we are
requesting that you undertake remedial action to attempt to bring the project into compliance
with the terms and conditions of your Department of the Army (DA) permit, Action ID
199505838. In this regard, we are requesting that you immediately undertake the following
actions:
1. You must remove all unauthorized dredged material from waters and wetlands, thereby
restoring all effected areas to pre -construction elevations and contours. This includes the
removal of all unauthorized dredged material from the existing boat basin and access channel.
Restoration work within wetland areas must be undertaken in such a manner as to minimize
disturbance to existing trees and adjacent wetland areas. The project area has been delineated,
surveyed and platted. This surveyed wetland boundary represents the limits of those areas to be
restored. Prior to initiating the restoration work, you should schedule an onsite meeting with Mr.
Raleigh Bland of my staff and the North Carolina Division of Coastal Management to discuss
this restoration work.
2. We are concerned that an attempt to restore the effected coastal marsh may result in
even greater impacts to the marsh. This is due to the soupy nature of the spoil material, as well
as the soft, organic substrate underlying the marsh itself. Therefore, restoration work should not
be undertaken within any coastal marsh areas until this matter can be fully addressed at the
above referenced meeting.

-2-
3. You must confine all spoil material generated during the restoration process behind
dikes or within other adequate spoil retaining areas, located entirely on high ground and
sufficiently landward of any waters of the United States, including wetlands, to prevent the re-
entry of this material into jurisdictional areas.
4. The western dike of the spoil disposal area that has eroded into wetlands must be
removed from wetlands with the material placed and retained on high ground. If you wish to
reconstruct the disposal area, it must be constructed in accordance with applicable North
Carolina Division of Water Quality regulations governing return water from upland, contained
dispos4 areas and in such a manner that precludes the erosion of sediments into waters and/or
wetlands.
5. All of the above remedial actions must be completed within 30 days of your receipt of
this letter. In the event you are unable to complete the work within the stated time frame, you
must submit a written request for time extension with an explanation of delays and a time table
for completion of the restoration work.
You are cautioned that failure to honor your commitment to perform the requested restoration
may result in referral of your case to the United States Attorney. Additionally, as addressed in
our March 21, 1997, Cease and Desist letter, we are continuing to consider levying an
administrative fine for these violations of permit conditions pursuant to 33 USCA Section 1319
(g)(1)(b), and for permanent impacts to waters of the United States, including wetlands.
Any questions regarding this matter may be addressed to Mr. Bland at the Washington
Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000,
telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

V -1
-3-
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
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
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Larry Hardy
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. John Dorney
N. C. Department of Environment,
Health and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607

Cfl
Mr. John Parker
DK*sion of Coastal Management
C. Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Watts, District Manager
Division of Coastal Management
N.C. Department of Environment,
Health, and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Cape Dredging Company
c/o Mr. Danny Burrus
Post Office Box 446
Buxton, North Carolina 27920
Performance Engineering
c/o Mr. Robert Stewart, Jr.
Post Office Box 2004
Kill Devil Hills, North Carolina 27948

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
DIVISION OF COASTAL MANAGEMENT
ELIZABETH CITY
MEMORANDUM 1?Fr`;.rJ11e®
TO: Raleigh Bland - US COE OCT 2 9 1997
FROM: Dennis W. Hawthorn
DATE: October 24, 1997 COASTAL MANAGEMENT
SUBJECT: V0W4*wWy.1Kitty Hawk Boat Ramp, Higk Brij#&Q*
Dredging and Restoration
This memo is in regard the subject project and Robert Stewart's October 23, 1997 memorandum
on this project and our October 23n1 pre -construction meeting. The purpose of this meeting was
to review the restoration work in accordance with the Restoration Plan for this site and to
evaluate the spoil retention structure in regard to a re -start of dredging in High Bridge Creek.
As summarized in Mr. Stewart's memo, I found that the wetland grade restoration work has been
satisfactorily completed. I do not believe that sprigging or seeding will be necessary, however,
we will be better able to evaluate the success of the restoration after next growing season. If
insufficient volunteer vegetation or undesirable species provide the only plant cover, other
restoration work could be required (ie. planting, sprigging or seeding of appropriate species
and/or acceptable herbicide application).
A major portion of our meeting was spent discussing the integrity of the retention structure and
what action(s) would be necessary to obtain approval to re -start dredging (ie. What the
permittee would do different this time to keep the same violation from occurring again?)
My biggest concern is that a strict adherence to the two foot free -board be observed at all times.
Unless the County plans to have some one doing this quality control monitoring, a reoccurrence
is very possible. Thus far, the County appears to be unsympathetic to this problem and the
contractors appear to think this is outside of their responsibilities to the County. I really do not
care who does the monitoring, but some one should. I think this should be committed to in
writing by the permittee.
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

Dare County/Kitty Hawk Boat Ramp, High Bridge Creek
Dredging and Restoration
Raleigh Bland
October 27 , 1997
Page 2
I suggested that the County or their agents /contractors should do all they can do to document
and provide assurance to the reviewing resource agencies that this detail is being closely
watched. This included setting up markers and level indicators on the water control structure so
retention pond water levels can be documented. I also think it would be prudent for the
permittee to provide personnel assigned to full-time monitoring of the retention structure while
actual dredging operation is underway, and a reasonable period of time after the dredge stops
each pumping cycle or day.
As you might guess, Richard Watts and I have also discussed this project at length. We have
some concern that the actual slope of the retention structure may be too steep and not in
conformance with the Divisions of Land Quality and Water Quality current guidelines
concerning berm retention structures. The full-time dedication to personnel monitoring of the
berm structure would again go a long way to arrest these concerns.
I have also suggested to Mr. Stewart that he make these two Divisions aware of the status of this
project (ie. Pat McClain and Debra Sawyer).
COPIES: Robert Stewart, Performance Engineering
Danny Burrus, Cape Dredging
Pat McClain, DLQ
Debra Sawyer, DWQ
Richard L. Watts, DCM
John Parker, DCM
Charles S. Jones, DCM

4
nosERri. STF.~r. JR., P.E,
CAN Engrne,r - NC d VA Regiefrdtion
PERERRMANCE fmcfw rR fanage d CBnfti sped
Cnr•Vncficn ManegemCnl d Mdpeclions
_ INEER/NG Sltru PlanningDevelopment
rrlural Analysis
Em
P.O. BOX 2004 • KILL DEVIL HILLS, NC 27949 • (9Y9) 441.83011PHONE • (9Y9) 44Y•1007/FAX
MEMORANDUM TO FILE
VIA FACSIMILE
OCTOBER 2391997
RE: MAINTENANCE DREDGING PROJECT - HIGH BRIDGE CREEK TO KITTY HAWK BAY.
PROJECT STATUS UPDATE. ENGINEER'S PROJECT NO.94095,
On Thursday, October 23, 1997, 1 met on -site with Mr. Dennis Hawthorn of NCDEHNR, Division of
'Coastal Management and Mr. Danny Burrus of Cape Dredging, Inc. The purpose of the meeting was to review
the conditions of the permit in preparation for a resumption of dredging operations scheduled to begin
November I, 1997. Mr. Burrus indicated that his work in re -construction of the disposal area dikes will be
complete and work should be resumed on or about November 1, 1997. This starting date is contingent upon the
delivery of the articulating ladder dredge which is being leased for work on this project. Mr. Hawthorn
emphasized the necensity of maintaining the required 2 feet of free board in the dike and, for constant monitoring
of this condition by the contractor. He suggested that the Countx provide additional manpower for monitoring
this condition on a daily basis. He stated that he will paint elevation datum marks on the water control structure
so that photoggraphic documentation of the maintenance of the required free board can be facilitated. Also
discussed at tfte meeting was the issue of routing the effluent pipes across an expanse of wetlands. This was the
route of the pipes for the initial dredging phase. Photographs were taken of the area which previously contained
the pipes. There was no indication of any adverse effects to the wetland area as a result of the pipes having been
located there. Mr. Burrus indicated that he will discuss this matter with Mr. Raleigh Bland of the U.S. Army
Corps of Engineers to obtain authorization to route the pipes as previously done. The other possibilities for the
pipe routing create logistical problems which Mr. Burrus will explain to Mr. Bland. Mr. Hawthorne indicated
that he was very pleased with the result of the wetlands restoration and enhancement. He indicated that the
Corps of Engineers also felt like the restoration efforts were more than satisfactory. Mr. Burrus brought up the
topic of the sequence regarding the restoration of the boat basin. This restoration involves removal of sediments
which were deposited in the basin during the course of the previous dredging phase. Mr. Burros indicated that
he would prefer to "clean out" the basin when the dredging operation reaches this point in the channel rather than
having this material removed at the very end of the work. The rationale for this is that the material, being very
silty in nature, will be: easier to handle if it can be mixed with the more sandy material which is anticipated to be
encountered within the existing canal. Also, the disposal area will not be as full as it will be near the end of the
project and the silty material will have greater opportunity to settle. Mr. Hawthorn stated that he has no
objection to this proposed sequence of events.
Any recipients of this correspondence who have questions or concerns regarding its contents are
requested to contact Robert Stewart at the office of Performance Engineering so that any inaccuracies or
omissions can be corrected and the memorandum redistributed. It is important that any concerned parties
respond expeditiously since the commencement of the next phase of dredging is rapidly approaching.
UPDATE: On Friday, October 24, 1997,1 received a voice mail message from Raleigh Bland of the U.S. Army
Corps of Engineers. Mr. Bland stated that he has no objection to the November 1, 1997 start up date, that he
was very pleased with the restoration, that he does not feel that reseeding the restored area is necessary and that,
while he has concerns regarding the routing of effluent pipes across the wetlands area adjacent to the basin, there
are no regulatory stipulations which preclude this routing.
cc: Mr. Ray Sturza, Dare County Planning Director
Ms. Maria Heifferon, O.I.W.C.
Mr. Raleigh Bland, US Army Corpps of Engineers, Regulatory Branch
Mr. Dennis Hawthorn, NCDEHNR, Division of Coastal Management
Mr. Danny Burins, Cape Dredging

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
AILTV4 C) (mob-.
And
IDFEE HNF1
RECEIVED
DIVISION OF WATER QUALITY
August 12, 1997
I U 1.-;-i
COASTAL MANAGEMENT
Dare County
Attn: Mr. Ray Struza
P.O. Box 1000
Manteo, NC 27954
Subject: Permit No. SW7970423
Maintenance Dredging
High Bridge Creek
General Stormmwater Permit
Nergs County
7Da- .z_
Dear Mr. Struza:
The Washington Regional Office received the completed
Stormwater Application for the subject project on June 27, 1997.
Staff review of the plans and specifications has determined that
the project. as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding_
Permit No. SW7970423 dated August 12. 1997 to Dare County.
This permit shall be effective from the date of issuance until
rescinded and shall be subject to the conditions and limitations as
specified therein.
If any parts, requirements, or limitations contained in this
ve�,G" ate unacceptable, you have Che right to request an
adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150E of the North
Carolina General Statutes, and filed with the office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
943 Washington Square Mail, Washington, North Carolina 27889 Tsiephone 919.946-6481 FAX [phone]
An Equal Oppwtm*y AMMUM Acaon Empbyer

Dare Countv
Auaust 12. 1997
Paae Two
If you have anv questions; or need additional information
concerning this matter, please contact Bill Moore at (919) 946-
6481. extension. 264.
Sincerely,
Roaer K. Thorpe
Water Quality Supervisor
Washington Regional Office
cc: Performance Enaineerina
D e Countv Inspections
n Parker - DCM, Raleigh
Washinaton Reaional Office
Central Files

State Stormwater Management Systems
Permit No. SW7970423
STATE OF NORTH CAROLINA
DEPARTMENT'OF ENVIRONMENT, HEALTH AND NATURAL
DIVISION OF WATER QUALITY
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
County of Dare
Dare County
FOR THE
construction, operation and maintenance of stormwater management
systems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications, and other
supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit for
maintenance dredging with high ground disposal for the High Bridge
Creek dredging project located at Kitty Hawk, NC.
The Permit shall be effective from the date of issuance until
rescinded and shall be subject to the following specific conditions
and limitations.
I. DESIGN STANDARDS
1. No new impervious,areas are proposed.
2. Approved plans and specifications for projects covered by
this permit are incorporated by reference and are
enforceable parts of the permit:
3. No stormwater piping in addition to the existing piping
shall be allowed except:
3

`+ a. That minimum amount necessary to direct runoff
beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to
provide access to lots.
II. SCHEDULE OF COMPLIANCE
1. Grasslined swales, vegetated buffers and other Best
Management Practices used for stormwater runoff control
shall be adequately maintained throughout the life of the
project.
2. The permittee shall at all times provide adequate erosion
control measures in conformance with the approved Erosion
Control Plan.
3. The permittee shall submit all information requested by
the Director or his representative within the time frame
specified in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations
contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statutes 143-
215.6A to 143.215.6C.
2. The permit may be modified, revoked or terminated for
cause. The filing of a request for a permit
modification, or termination does not void any permit
condition.
3. The issuance of this permit does not prohibit the
Director from reopening and modifying laws, rules, and
regulations contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143-215.1 et.al.
.4. The following, items will require a modification to the
permit:
a. Any revision to the approved plans, regardless of
size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of
built -upon area.
4

It, e. Further subdivision of the project area
f. In addition, the Director may determine that other
revisions to the project should require a
modification to the permit.
5. For any additions or modifications of the previously
permitted built -upon area, the permittee shall submit to
the Director revised plans and specifications and shall
receive approval prior to construction.
6. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum
requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the
site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in
writing to the Director that the changes have been made.
The permit is not transferable to any person except after
notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the
permit to change the name and incorporate such other
requirements as may be necessary. A formal permit
request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation
from both parties involved, and other supporting
materials as may be appropriate. The approval of this
request will be considered on its merits, and'may or may
not be approved.
8. The issuance of this permit does not preclude the
Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by
other government agencies (local, state and federal)
which have jurisdiction.
Permit issued this the 12 th day of August, 1997.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
p A. Preston Howard, Jr., P!E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7970423
5

_ c-1 Qo �vb
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 2,1997
AJ�
LA
IDFEE HNF1
Mr. Richard Watts, District Manager
NC Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909
Re: Kitty Hawk Canal Dredging Project; Dare County; DWQ # 95 ,Z
Dear Mr. Watts:
After hearing about problems with the Kitty Hawk canal dredging project, Pete Colwell of
my staff and Deborah Sawyer of the Division's Washington Regional Office met Dennis
Hawthorn on March 25, 1997 to examine the dredge spoil site. From that inspection we found
that the boat basin had been filled with up to 6 feet of silt from the effluent pipes and that a
significant are of jurisdictional wetlands had been filled with up to 1.5 feet of spoil material from
the breaches in the containment dikes. Although no formal 401 Water Quality Certification was
issued for this project, the unauthorized filling of waters and wetlands at this site clearly removes
the function and use of those aquatic areas and may constitute a violation of the State's
Antidegradation Policy (NCAC T15A: 02B .0201).
It is our understanding that the CAMA Major Permit was modified in August of 1996 to
allow the boat ramp spoil site to be used rather than the original site near Midgett's Pond. This
modification was made without any notification to the Division of Water Quality and without any
opportunity of DWQ to comment on the change. DWQ would not have approved the smaller
boat ramp dredge spoil site as it was constructed. The original site was much larger and called for
the influent pipe to enter the spoil area at one end and the effluent pipe to leave at the other end
allowing the fines to settle out. The site was also to be split up into different cells and at least two
feet of freeboard maintained on the dikes. The boat ramp site was constructed immediately 9 10
adjacent to wetlands and with very steep slopes on the dikes. We found the influent and of I
pipes at the same end of the spoil area with no use of settling cells. It should also be noted in floes
a letter from the consulting engineer, he states that the new spoil site will hold 1855 cubic _ s ofi9yc�
material with 1 foot of freeboard, only 109 cubic yards more than the estimated material t cF y �y
a
dredged. Clearly there was no room for error at the boat ramp site.
S
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX # [phone]
An Equal Opportunely Allirmarive Action Employer 50 % recycW&10 % Post w umer Paper

DWQ requests that the applicant, Dare County, be required to remove all spoil material
from the boat basin and jurisdictional wetlands (where it is greater than one foot deep)
immediately. This cleanup operation should be closely monitored to prevent further impacts to
the resource. When the cleanup is complete, we also request a full review of the boat ramp
dredge spoil site before it is allowed to be used again. DWQ also requests that the Division of
Coastal Management keep this Division informed about and future interagency meetings on this
project and progress on the cleanup of the site. Please contact Deborah Sawyer at our
Washington Regional Office [phone] with this information.
SiAcerely,
Iter
R. om
Quality Ce ' ation Program
cc:
Ray Sturza, County of Dare
John Parker, DCM Raleigh
Deborah Sawyer, DWQ Washington Regional Office