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HomeMy WebLinkAbout9-96 County of DarePermit 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. 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_ (919) 441-0239 Fax (919) 441-0721 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, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within. twenty (20) days, the -matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. azker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 919-733-7015 FAX 919-733-2496 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 (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency obiects to the project for reasons descriibbeCd in the Date I Z `v 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Aff rmative Action Employer 50% recycled/ 10% post -consumer paper 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 (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signs d!%K�G Date 30 —9J 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: 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 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 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 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 O% 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 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 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50% recycled/ 10% post -consumer paper ® 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 (919)335-4961. 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 (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the ached Q p Signed ������ Date 1367 U.S. 17 South, Elizabeth City, North Carollno 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper 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 919-946-6487 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% iecycled/10% post -consumer paper 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 (919) 264-3901. 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 919-264-3901 FAX 919-2643723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper 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 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post-conwmer paper 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 (919) 264-3901. 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 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina . Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 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 919-733-2293 FAX 919-733-1495 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 919-733-2293 FAX 919-733-1495 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 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 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ to% post -consumer paper 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 919-733-2293 FAX 919-733-1495 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 (919)975-1616, 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 (919)975-1616, 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 (919)975-1616, 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 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper A"."r. •-1 -. �r�, �,_, ��;:�, ,--' <9a', r yIT ��/� �1.�.' 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). ee'" n C — t3o 6 S444Ajm4,-k iY u Post -It` Fax Note 7671 °7e/� peges� 'Pe .l 1' From \ „ •.la kg Co.lDept. C f� I i' A Co. 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M i tl n) r , '1 1,1 •fL li . .f71 ,. r , tl j ji( la�pj ,� I4 tfs'� r r. .fr t ( t dt✓M1J+-,t^�i.r f',l-'$,h; 4j. 12t-�'tf� r"�_.Y ' i/t "�iT t4,M r` ^•Ir I�r s'. is , . s 1..•1 Y i i,afisx „' r a' 'tir A` , TOP 1MDTH 50 ti✓ Yr ,:43 d� I Ord jl' ;-,t , S 1 r y t. of r } ,'�` r k 1I , i _ i r ] ! t ) ^ ' 1 r}, r rY 1` 4 �+i i r" i4S-}-}.,1 M1` �r�i V r s I^v{ 1 1 j' r t �1 t 11• 3 CSi A, 1 [ t .} f F^ l\ t e'I Yrr I, f t i < `I r t it pa , 1. f4yV his aL g')`i 9A-r� 'fl'4u c11-,°n7*F:�{: t } r'Ivci l' ; ,1, , , , t I C, V Ilf i4,'' iI . t� '.1l ��J�.,.r K,T1 A fi;,,,,",�,� � .�t,x� i+w';T w r _ •,EXISTING;4.I1. ,` rr�,li.rti� r�a�ta', {I'x�f:z ..DESIGN-D Irr 1c sm,' i I I I ' NWL 3r�.S (' IIc,& BANK Y'ri1,11 r�Yy l^ I�G: ia''ifI '{ a 15S :x} J t' , , r f jY A5. • tl, t rc,. t rjr SHOULD a 5\jU� 1bi'IS.,,wUT�i'i1a hf SM1 3 '. 1 '�.1).� (.. �. 1♦dt{�1Q bptlW% r !� ... ri 2 SIN, �'�,: a i Sy ::, __irt r ' ra. t t). . '.BOTH SIDE! o + EXCAY CROSS j �r SF ', 1 , :3,.. 4 � k li . M1+,q , 5 ) l,l 1 1 ,. } ✓�Ir nfi % r 1 1 r i 1 ' 1 [(' y .. � S, it 111 T. 1 '' t L r ., sl - t t 1 1 .w S3AIr%' y f4,f \ i tt', rid}., n i „' �r. 'rr f.W s 4t r i Y i1 >`' e , r t +p et PROPO$EO BOTTOM• WIDTH 22, ,; i r , % yr ^'�}�e:.!,,,�t, .,, r.', i f 1sf? c, , ii ``.ifa'z f f t x'., ,'11, 1 �: •'dj r }raI , F , ,., r <.. A 1 t , 1 i i 1 � . 1 I-F y., , s1�sf;fr, SS +€Rt r tr\ a nC I l t e 1 Y •M1I,, i Vi N .t. r ,.. ° l't v, ,i - t a ".< yr^r f. ,, )� n a I { r 1 . i1 i r ,{ STATI.0 ' 48 .100. t`':.; l lif el r v r i '' Y i1, ,{ v. t r - i o .I 1 .y l } ✓ If, t o yy\' 4 1 y 1 r w 1 n J r r 1 r . 'F Ira= '! r� Ir •, stz ,^ 1,'!. it )„ 1 a 1 � I �tl' i\ c} 1 1, Fx i s .T i t{ f! } t . t�rl,!r!i'na s(? `{!,rt { F }�..' . 2.:.. 1:,- , ] . 1 ( .Lr` d r � .t l .. p ' . 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 919-264-3901 FAX 919-264-3723 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). '' ��'/-eir' c�i'.nae,.c.A. �o�t f in �2�^�►z C —U�o � II. 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I . w .. ; �� ..I -, ., '7P.::.7 i . . , ,� .� � o. ,:I ..'.. . .. . .--, i. �..'. . . �%�',.:�1'11' ".. � , , �, : . , .� . , - ��,!�:�t,,.i�.:,. . . I - .1 5 SHOULD �44�iljt�"*,-:,;�� - , `* .... .. �,.,.. i, .1 I ­­, '6­ I-, ,l, ,� . - 9 ��,. , ��. : �t " - � " ;'BOTH SIDE! 'A . � =.. 1 i i , -l� !:� ',*� 1. : , � �.', !�: ! . � . " t 1! -:✓. ; :1 f ; �, � ". ", �TT T . I—— � '�-.,4.­. � , . 1. ".�...",�..,.�-l'.1.1�....:., ­!.:;l�,".,­.......... ;..­.T,.1:. . .. ­`­ ......, l )..�, .II Vvt1. 1. . .�.I t,t10-Y-)4"".,.fit-,­4-j,A -r)::.... ;�, ,1 .....I .,'.,� ...... ....�.. I :�. ., I.,. .. 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 919-733-2293 FAX 919-733-1496 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 919-264-3901 FAX 919-264-3723 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, (919)261-3552 101 Veteran' Memaria[Dnve P. O. Box549 faX(919)261-7900 2itty9fnwF 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 (919)261-3552. 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919)441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 (919) 441-0239 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 Receipt for . Pactified Mail No Insurance Coverage Provided Do not use for International Mail P..;n.rnl lh..rr.. (•rc �� Wrwn It IlilO .l it Ihxdw r w. n+l oIr. 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[ Q o - Eon a �v m P , d -� U AD Ei \L l7 a` is yl J g or uu EoE E3 a 1 3 3 m -S-om"&< rP ce Zof (� in rn or LL w rpuSaa"d3.`._.i dapls asianaa aRl uo paleldwoo S338DOV sl NBn138dnoA -G2jA aS ldlaoay uanfa8 Gulsn fo; noA lapis asaanef 841 uo poleldwoa SS38013tl NkIh 38 food sl m cemplma".e. o, and aso.. • Pa., your name and address on me Imm sa al 'NI farm so lbal we an `m .....,,.....e__...___.._._.___- feel] .2 I return this card to you. y Pnacn this loan to use n Iroof lhe meilpiec,. or on the back it space 1. ❑ Addressee s Address m % 2 dams not pers. te y• Write "velum Pacmint Requested" ailed mailpbce below the mti[Imnumber date 2. ❑ Restricted Delivery y I • T1m Nm.nn IT as win show to wMminp eni[Ip was dellvamd and the Consult for lea. c deo.nmd postmaster �re a 3. Article Addressed to: ba. Article Number E I - a� gl E- 5EJjq ar 4b. ServiceType ❑ ❑ In ¢E II u n I =J ld Cnifigd ❑COD I ❑ Express Mal ❑ Return Receipt for Merchandise � I 7. Date of Delivery `� I a of JI _ Z 5. Si9naturc IAddresscel 6. Addressee's Address (Only it requested I and lee is paid) FI � 6. Signature (Agent) � > PS Farm 3811, Docomber 1991 eu.s.(1po:tEpa -?'- DOMESTIC RETURN RECEIPT v SENDER: I also wish to receive the • eompicte items 111 2 for additional services. as Comore.. ides a. and as a b. following services (for an extra • Print your name and address on the reverse of this term so that we can fee): mWm Mm card.. you. Acrid. nits is.... to Ow front of the mailyece. or ..as. bask if space 1. ❑ Addressee's Address dnrs net to• wme"Pmeinlmcmpt n.q.meet^on n,a maamece below m.+nide n.mber 2; ❑ Restricted Delivery • Th.Rmar.R.mim will shewmwnom meanml. was emuy.red one thedam Consult Postmaster for lee. e dviromen. v 3.. Article Addressed to: 1 4a. Arti3le Number F(Cl yclI I IGt Cf6 4b. ervice Type E u f. r C❑R_egistered ❑ Insured ) JC? (7r«e.�11-tee "� ' [J Certified ❑ COD m w ,} 12, v ❑ Express Mail ❑Return Merche 7. Date of Delivery 4 Z [ ..__......" rn nd.e......1 8. Addressee's Address (Doh is paid) G- A =% > S Form 3811, December 1991 dus. Groapva-aszate DOMESTIC ° SENDER: '9v-, • Camel Rem, l amlmr 2 rm see ew"al services. e Dm,:c item. 9. am m a b. • Prim your anme and address .. me nwor..r. our term so that we an rmu A do cam I.you. • An ash his man 1. n,. ".a' .r me r-Op;eea, a, an me bass if .vase dairy rim perm". ar • Warr•Return Receipt Requested'•on me maapimce bei.w ma arfrtm nvmbi • The Return Restrict wet show to whmnmm teed. was desserts and the dal c"ab.eree. 3. Article Addressed to: `,�en 4a. A far (I I also wish to receive the }� I following services (for an extra to feel: to 1. ❑ Addressee's Address V 2. ❑ Restricted Delivery 1 as ° I Consult postmaster for lee. :is Number 530-77•c(. ice Type ¢ I E >/ C I �'.�� �(_('fy ❑ Registered ❑ Insured ^ I o _ / �,/ a ° 1 / [� LY'Certitied ❑COD y z.i Ut.) . 1 �_ (`-I iiGt,L�L '< Return Receipt for I ❑ Express Mail ❑ • _._ __ ,." l a ¢ G. Ae Signature (Addressee) 6 an r 6. Signature (Agent) i 0 > PS Form 3811, December 1991 muse evoaks>-asxau ar SENDER: Compha nervy I andlor 2 far addifmnal ser:rces. NCompWo a.ms s. and As a b. . Prim your name and address an the .worse .,,his term rather .,an re r rm ,his card to you. pace p • s'Inch Ibis Item la it".hoot of me mpilaieR, or an the back if E dies par Ismail , n m,mii V.iec.b.lowmaa"m.e.umb. 'arn'PasmnRe[eiat Peaueslmdb ,tlUownsdelis-mdindthe da • .......trpnecntpr walavow.'brini o nnl_e1e't 4a. A u 3. Article Addressed to: Z lrlr. �re1mcrnii , Kca'h� 1iS 4b. S cat/C' SDh�I�� I�rs �3Ps e (zz �E !ire is paid) as I ~I )MESTIC RETURN RECEIPT y' ! T I also wish to receive the � 1 following services .(for an extra feel: Cq 7, ❑ Addressee's Address. yj 2. ❑ Restricted Delivery m I consult Postmaster for lee. _ I :Ise Number rice Type feted ❑ Insured e I Pied ❑ COD I m q Return Receipt lo Express Maf w I.° j If vOy(Mail ❑ Merchondlse S fi3 !ls Fo;nF J 1C_ o�7r7GL 7. of 5. Signature (Addressee) R' a, ar 6. Signawre (Agenl) t PS Form 3811, December 1991 Cues. evo:Isv-ssan[ of Delivery ? I If r essee's Address (Only it requested Y I lee is paid) a I 1 v1 i DMESTIC RETURN RECEIPT I r I— /1Ul •. Is your RETURN ADDRESS completed on the reverse side? to m m to to -s) u"yf„a�9nnm 3lz �.•v W m ° re 93�o3339 o T . _ ` or `1` no - l In pNN - ]D O ( °3 n o = q. Cta q - n v�O to i n as D ° N JiFd m _ <L]Z , ODn m P'• ❑ ❑ b O - < ❑❑❑m J� a a F. u .9 m 3 a, 5 o n -aslL no be ] 2 n _ c m tent Thank you for using Return Receipt Service o3IA49S ldleoa8 uanle8 6wsn Sol noA ague a as in or I O - all a a o m 0 c ¢c S� or in ran < s an w 000 >. 2to 9 ❑ ❑ 5E ae On = > a9 m o r a _ 2 F v - o_ U ml'no o a • eommete items 3. am 43 6 b. • P.inl user name one amraas on IM1e reuses of this term so thin we can mbnn phis end no rn u. ARat. this tern his nth firm nl this am lmnen. or oa he back a epaca rm. n perms. t van."Reum Receipt oreucsted" on the mallpbc°ber°w the.niche number • na, Rmin. R.- wi11ame,her whom the anicla wasde"HZed one ih°dons dneveed. a 3. Article Addressed to: 4a. Arid (nr C'a f l twr I- lee Fle.vl le. 4bZson, Rod . ' servmea nor an v.0 1 heeI. It i q 1. ❑ Addressee's Address % 2. ❑ Restricted Delivery m ' Consult postmaster for fee. m le Number w Tvn E 1 ❑ Registered ❑ Insured h_I. m i m Certilietl El COD ,5' w M n p fleturn Receipt for m' ❑ Ex risks Mail ❑ P 0 7. Date a ¢ 5. Signature (Addressee) 8. Addr and I r 2 6. Signature (Agent) r PS Form 3811. December 1991 eu.S.GPO: Waa-asaau p ' SENDER: 'rD-n Comeela items t and/or x ror additional services. • Camulme i¢ms 3. and 1. 6 b. print yarn name and sedans on Iha inverse at this form so Ihe, we can rclum a hYd la vau AmeM1 thla 1°rrn to rlre Irnm or thr mailpiccv, or on Me back 11 doom Hue........ d. Y Writeoun. Reciter tl show to theiailpi, we,caw theaniedthe data • The Petmn Receipt will show la wlnm lM1e ortide waf de4vered sntl lM1e date o raam ell. m 3. Article Addressed to: 4a. Arts 4b.St E O Regi °O rot c�I% J=�y,C�PiI;%e.r bs6erti Add,. 1 Merchandise of Delivery ti I °I ILr f l �C JI I %Tl I I'1 /"(�' ❑Express Mail ❑ Retum Receipt for a Merchandise w 7. Date of Delivery December I{• xrvrxcne . �yt Lnmplvly items nand/or x for additional services. i�41 • •wmplele items ], and ea 6 b. ),In • •Pram ywr name and address on the mverm of this form so men we can ylmn mrs card m visa. lJj `y • much INe tern I. ram earn .( he m almo... or an the back if space nice ram aermR. 0 WnReturn rnccan Receipt to whom below del meanidenum rare Return will show to wroth ma erecta was acsveree and me ae c 'dnu.mea.a l�.lne- n-� isk.v)w lee /R lin c _ 3 Ea < a .. a X e❑lam❑ _ o vc an u ` ) u .EC 21 is as an zD _ u cnnoE u; o N u t O° 0� EE E- m m pp du :. u c ch to E Z E o p m u a vi \ m N u w1.me aa3� _pV`) v vwl m N.. ° us 16 a ;epls esvanm ;i uo petaldwoo SS3800V moA at N8n ou PS Form ul o. 1. p Address (Only if requested ,v td lee is paid) n t I I DOMESTIC RETURN RECEIPT = j I also wish to receive. the I following services (far an extra ° I feel: Z I 1. ❑ Addresses's Address y I bB' 2. ❑ Restricted Delivery a I a I Consult ostmm aster for tee. I rticle Number ,z,3a T79�1 223 ervic° Type I '!stared ❑ Insured a I rtifiad ❑ COD 5 I ❑ Express Mail ❑ Return Roceipt for a M h d' nova-sxau and NSENDER: • e omte demo I .Mlor v ter additional eerwees. y Comalel. items ], and 4. 6 b. ' m Pnnt your name and admaxa on me reverse of this form so that we can rmmn ma card m ..... y roach. an, Item m be, Irom al am mai0ieeo. °r on IM1e back it epee. ` dun. am, mated. JWrite 'Ree-ReccetRequested- at he mailpieeo below the article numbs • The Return Receipt wnl show u-Inver nr. article was d0maM one me sal pdelivered. a 3. Article Addressed to: do. A W U. IWriTNG� sX. 4❑b.� E 'ylr. ( s(� fe oc •'S r. Gboc(� uu ny�� ?�'x 3SS � Ce ❑ Exl O I-IUYJCUr 1J(f �75 St( 7. Da a 2 5. Signature (Addressee) B. Ad art r Signature IAgentl arc an Ise q of Delivery �• I s Address (Only it requested Y I Do I. 3B is paid) � I F I I IMESTIC RETURN RECEIPT I also wish to receive the p I following services (tor an extra e I At feel: 1.' ❑ Addressee's Address y 2. ❑ Resuiciud Delivery Consultpostmaster for lee. file Number ..330 vice Type stared ❑Insured I lied ❑ COD m .E I ass Mail ❑ Return Receipt for Merchandise I Of Delivery i oI T -e Address (Only if requested � foea I. is paid) FI I � I 0 > PS Farm 3617, December 1991 eus.epo: mad-ssNna F 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 -2- Pt7l "x transmittal merno 7671 �rpegev . -- - Cm Phone a �`_ _ Fax N vJ \� E„ .................. ('- �, N ff- KITTY HAWK CANAL 1` i r� SPOIL DISPOSAL AREA10 \ �r E09 PERRY ROAD SR 1210 ... ...., .......... s+*rr a or a j 1 BOAT RAMP 1 \ \ \ .r t 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 919-264-3723 50% 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 919-264 3723 ,�„�� 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 919-264-3723 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 (919) 975-1616, 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 (919) 975-1616, 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 919-264-3723 50% 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 (919) 264-3901. 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 (919) 975-1616, 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 919-726-7021 FAX 919-726-0254 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 919-975-3716 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 919-733.9960 FAX # 733-9919 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 (919) 946-6481 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