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HomeMy WebLinkAbout128-05 Kitty Hawk Landing HOA ta4caa�aa+*vt�.a�ao-c+.-x•aataaso-xtaaaaaoac-x{�,:<o-a:�,rrr^cr:a:YM:•aaw<•aw._yrs�•x•:•ar.�n r�+.{,at-r;,fiaas-:waaaa,+c sa;,:-,w�:o,a;arrpa;aa rc•o-w.-cta•:_raa�+•.o-a{.utsrt,,aatwartaaao-:aofac�ao-aat- Permit Class Permit Number NEW _ 128-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 lssued to Kitty Hawk Landing HOA,P.O. Box 923, Kitty Hawk,NC,27949 Authorizing development in Dare County at Albemarle Sound, Kitty Hawk , as requested in the permittee's application dated 5/15/05, including the attached workplan drawings (2), both dated 4/l/05. This permit, issued on August 8,2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Channel Markers 1) This permit authorizes only the channel markers located in or over the water that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become added to these channel markers without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) The channel markers shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department / personnel when the project is inspected for compliance. �/ Any maintenance work or project modification not covered Charl . Jones, Director �ivision of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee �acw aa�:-:�c;-:c-as4o-s w.awaaraaaoo-o-wca•x�oo+.a�cK-0w:ao-r=srx-c�arro-o,raaos�ao-aaroaw.aaca-r4ra aaaaao-ro-o-rao-sao-o-sp . i Kitty Hawk Landing HOA Permit# 128-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) No attempt shall 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. 4) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. 5) The permittee shall maintain the authorized channel markers in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he/she abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 1980000291 (COE Action Id. No. 200511219) which was issued on 8/2/05. ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 10,2005 Kitty Hawk Landing HOA P.O.Box 923 Kitty Hawk,NC 27949 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. Please sign both the original (buff- colored form) and the copy. 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. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. 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, 6714 Mail Service Center, Raleigh, NC 27611-6714, (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 is 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. Sincerely, Doug as V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAMES: Kitty Hawk Landing Association 2. LOCATION OF PROJECT SITE: Albemarle Sound between 50' and 400' waterward of the marsh islands leading from the entrance to the canals in Kitty Hawk Landing to Long Point in the Albemarle Sound, Kitty Hawk, Dare County. Photo Index- 2000:Not Shown 1995 189-1973 M10-12 & N101989: 1 44-11 N18-20, 017&18 1984: 137-493 L6, M4-6, N3&M4 1978: Not Shown State Plane Coordinates -X: 2 964 150 Y: 852 000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—By Previous Field Rep - Unknown Was Applicant Present- Unknown 5. PROCESSING PROCEDURE: Application Received Complete— May 23, 2005 Application to Field Representative: June 2, 2005 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan —Kitty Hawk Land Classification From LUP - Conservation A AEC(s) Involved: Coastal Shoreline- PTA& EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - No Change (F) Type of Structures: Existing - Nothing Planned - Eight Channel Markers (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER [(4) Vegetated Wetlands: (B) Non-Vegetated Wetlands: Shallow Bottom/Estuarine Water Eight Channel Markers: (1) Dophin w/three pilings (7) single piling markers (C) Other: High Ground A Total Area Disturbed: KZA (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant, Kitty Hawk Landing Association, is requesting a permit to place eight channel markers in the Albemarle Sound leading from the Kitty Hawk Landing canal system to Long Point, in Kitty Hawk, Dare County. Kitty Hawk Landing Association Field Report Page 2 PROJECT SITE The project site is located in the Albemarle Sound extending from the entrance of Kitty Hawk Landings southern canal entrance, just south of Shellbank Point, and extending in a southerly direction approximately 6,944' to Long Point. The area is a traditional used travel way leading to Kitty Hawk Landing, a residential waterfront development, but there is no record of a dredge channel within the project area. Boats entering and leaving the subdivision have used this travel way for many years. Due to the constantly changing bottom, shoaled area move causing a large number of groundings. The canal system within the subdivision predates the Coastal Area Management Act. Albemarle Sound is classified as joint waters by agreement between the Marine Fisheries Commission and Wildlife Resource Commission. The Division of Environmental Management's water quality classification for Roanoke Sound is SB (swimming). Additional review indicates that there are no known geological formations associated with the applicant's property. There is an identified archeological site within the subdivision, referenced as DR17, but not within in the immediate vicinity of the applicant's property. Submerged aquatic vegetation (SAV) is found extensively throughout the Albemarle Sound. Presence of vegetation within the existing travel way is minimal at this time. Depths within the project area range from V-0" to 3'-0"outside of the proposed marked channel, and 3'-0" to 6'-0" within the marked alignment with the exception of the canal entrance where depths shallow out to an average of 2.3'. PROJECT DESCRIPTION The property owners in Kitty Hawk Landing have proposed a channel marker system from the canal opening at Kitty Hawk Landing to Long Point in the Albemarle Sound. The association proposes to install eight channel markers (5) red and (3) green. The narrative submitted states that two of the markers will be lighted; however, there is no mention in the Coast Guard Application for any lighted markers. According to the information provided Channel Markers Nos. 2, 4, and 6 will be placed within 200' of two marsh islands owned by Russell Twiford. Marker No. 8 will be less than 100' from a marsh island owned by Mr. Twiford. Marker No. 10 will be approximately 50' of a marsh island owned by the State of North Carolina. The remaining markers will be between 300' and 430' from the marsh islands (See the enclosed plan). The Division of Coastal Management's staff has made a number of visits to Kitty Hawk Landing through the years and has verified the shoaling within the project area. Previous meetings have been for the purposes of determining whether the homeowners association wished to pursue a dredge permit. The current request is simply to mark the"traditionally used channel." Kitty Hawk Landing Association Field Report Page 3 ANTICIPATED IMPACT 1) Temporary localized turbidity will occur during the installation of the channel markers. 3) The placement of Channel Markers will reduce prop scour outside of the traditional travel way leading into, and out of, Kitty Hawk Landing. 4) The placement of markers will also reduce travel outside of the traditional travel way, reducing damage to surrounding submerged aquatic vegetation. 5) Channel Markers will provide a safer more direct route to navigable waters within the Albemarle Sound, reducing the number of yearly accidents in the area. Submitted By: Lynn W. Mathis Date: June 13, 2005 MAY 2 3 2005 Form DC -iJ 9 2005 PLICATIONNAP . � , (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT c. Street address or secondary road n.umber — i,i,A. a. Landowner: d. Is proposed work within city limits or planning Name, -- . ctwl< jurisdiction? Yes '_- No Address --Lo. Box- 923 e. Name of body of water newest project (e.g..river, creek, sound, bay) 4 1 be mcwl f Souv-,-4 -- City KL� I-Eg w k.. State N C- Z i p _27g49 Day Phone None 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b, Authorized Agent: Name De-V%vil't G. a, List all development activities You propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. ly).40,lk 8 Address -410c) 711 City T�(A w�k � State C- Zip __&1_J4L�__ Day Phone ZSZ- Z�,LS574 b. Is the proposed activity maintenance of an existing project, new work, or both? Nn Fax 5 57 4— vd e ec+be for publir, private or commercial use? K, C. project name (if any) oil d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: perrdt wW be issued in name of L=uio-mwr(s), and/or project. If more space is needed, please attach additional pages. proje cl nanv. S f C 6t�CL Ctn e- 1(2.c-i-- I " C�e-S C-y-i 0 V1 PC,q e 2. LOCATION OF PROPOSED PROJECT a. County dare Revised 03/95 • •• t/ CeM1'ci wrt+'i MAY r` " 05 Form DCM-MP-1 Co m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N A n., Describe Iocation and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) KA wastewater, industrial/commercial effluent, "wash down" and residential discharges.) C. Approximate elevation of tract above MHW or N A NWL N A d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. N A t� A e. Vegetation on tract N A f. Man-made features now on tract iV A 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation Transitional Developed Community 0 A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by Iocal government? claiming to be the owner of said property, then N A forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No N A All 0 N��,{z c�-0��. J";­, dui L t.,( (attach zoning conT ancr certificate, ( opplicable) An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological went been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes No -N-A- Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? 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 ligible property? Ill A prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? ____ Yes No Engineers regarding that agency's use of larger Coastal (marsh) Other �� A drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (A=ch doacmentation, if available) guide agency personnel unfamiliar with the area to the 0 Form DCM-MP-1 MAY �. 3 2005 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone 1 • A list of previous state or federal permits issued for This is the 1s day of Ma work on the project tract. Include permit numbers, Print Name 'e- permittee, and issuing dates. t Signature �ID:fr1 L=ulowner or Author4ed.4� • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development • A signed AEC hazard notice for projects in - DCM MP-4 Structures Information ._ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and dare each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. O RPvicrA nl/es Form DCM-MP4 <; _w SAY % 3 2U05 . STRUCTURES (Construction within Public Trust Areas)_ T Attach this form to Joint Application for CAMA Major e. Moori buoys Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial _Community _ Private other sections of the Joint Application which relate to (2) Nu er this proposed project. (3) Descri ion of buoy (Color, i cription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) ,. _ Commercial _Community _ Private IN (2) Number (3) Length (4) Width of water bo (4) Width, (5) Distance • buoy(s) t be placed beyond (5) Finger Piers Yes No shoreline (i) Number (ii) Length f. Mooring ructure (boatlift, mooring pilings, etc.) (iii) Width (1) _ mmercial _Community _ Private (6) Platform / es No (2) Numbe (i) N er (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed, g. Other (Give co lete description) (8) Proximity of structure to adjacent riparian property lines (9) Width of water body r�� �� (10) Water depth at waterward end\-of pier at MLW or NWL Z3ria eg ae&4uH fs )V'?Vffgl 6,— b. Boathous (including covered lifts) (1) Co ercial — Private (2) Length r l �� k �a�U%011C7 (3) Width A Ucant or Proie t Name �b��J vim- l�✓til/l c. Groin (e.g. wo , sheetpile, etc.) S;�n ure (1) Number (2) Length(s) fS ads Date d. Breakwa r (e.g. wood, sheetpile, etc.) (1) Len (2) Avera,, is ance from MHW, NWL or wetlands 4(3) Maximu ance beyond MHW, NWL or wetlands C4 MAY KITTY HAWK LANDING AIDS TO NAVIGATION "� `` 065 ° r PROJECT The Kitty Hawk Landing Homeowners Association proposes to install eight (8) Aids to Navigation to mark best water between Long Point in Albemarle Sound and the east entrance to the Kitty Hawk Landing canal system. The project will consist of six (6) daymarkers Similar to those shown in Figures l and 2 and two (2) lighted aids. r 2 - Y R.2„ FIG. 5-1—Red Daymark on a Piling FIG. 5-2-Green Daymark With Dark Green Border on a Pile PURPOSE With the increase in the number and size of boats using the Kitty Hawk Landing waterways, the number of groundings and other accidents has and is expected to continue to increase. Most of those recreational and commercial boaters have historically used and use today a narrow strip of water that lies be the shoal south of Shellbank Point and Stove Island (See Project Map). The installation of the proposed Aids to Navigation will assist vessel operatorS safely navigate the narrow channel. PROJECT FEATURES • The daymarkers will be located as shown on the Project Map • The specific location, depth of water, height above water and description of each Aid is shown on the attached CG-2554 • The dayboards on each Aid will meet Coast Guard specifications for size and marling • Each dayboard will be mounted on one or more pilings which will be jetted into the waterway bottom. 4 ;A J -A 57 1 i' 7 I C_ 17 b ION:A 4P ?5 V.. 47 37 7 41 Crow. 4P MICRO 1`10WE, 0.33 y .0 24 24 Kill P3 alon Devil 33. 9 Beach Hills 12 MONUMENT 7 CAUTI0 N Kitty Hawk Y .- Sand jim. 10 mariners are warned to stay clear of the pro- TOWER RXED WIDGE L tective riprap surrounding navigational light 2 HOR CL 15 FT 3 -T— structures shown thus: C VEF11'CL 12 F To-Avr Southern 5 0 5 3c-_-;�' C' Q) DuckSand dunes Shores CAUTION BeFMuda 1 3 sy 3 2 2 A R Tank A. 0VH()PWR&T CASs Numerous duck blinds,stakes. piles.pipes. '6PA,t AUTH GL 0 FIXED BRIDGE 2 WRr.Pff MEMORLAL and floating fish nets exist in the water area of th i s 9 AR'4"PA NOR CL i� G FIXED BFUDGES TANK 3 HOR CL 40 FT chart. VERT CL 13 ff Gi 2 • VERT CL 35 Fr I AUTH Mariners are warned that numerous areas a C,,;iKjwn Gut FI 1 4 n 6 7 �G adjacent to the shoreline are foul with trees. 0 sarep .1. ,RG M_X PWR CAB 6 Martin Pt Jean Guite Gr AUTH CL 60 Ff Snags are not charted because they fre- 5 6 Blount Bay 4 Colingto-n 4 6 p. R 'JG* cHm ce4TIT11-11'k) quently change in position. Marsh 5 -P 4 4 7 sy %.'� 6 7 5 1 Q) 4 -1:z 4 2 so 6 6 "\ \ 1 1 Sound 4 Eagleton 1: 1 3 3 Landing Sy 3, 5 9 7 6 3 1-� 3 3 7 2 4 Grs OL' 6 4 3 6/ J 5 A7 5 7 7 6 7 \�5�7 7 6 7 2 L G 5 ObsMPA 3/ 5 8 7 ]i'A9 '0 17 5 MT Pmft M�P I Pit 2 6 5 1 21 7 3 5 4 4 8 7 5 6 J6 5 4 7 7 3 5 Rhodoms,Pt 2 4(6J N 11 3 D 4 5 6 7 —ri 11 ' - I N 4 7 1 4 h 3 8 7 5-h Z) 7 h 8 5 4 4 5 5 9 0 (6, a 2 6 4 5 6 3 4 2 4 9 Obsh7 :2 5 2 2 .­ 5 5 7 6 5 _� 0 2 3 6 2 PA Thorofare 2 -91 3 2 6 5 Island .1 4 '11FI R 4.l6ft,t�'2KFI' 8 7 2 2 rep 2 5 'lkl 2 5 3 2 \>k Grs 2 1 5 Flog Samlpso�' Point Harbor 7 Marsh Quarter 2 • 4 Ldg 2 4 7 A 9 et 1 h 6 Harbinger 2h 8 43 5 3) h .6 5 Surfaced Ramp 3 2 1 a 9 -6, '-". - '--'6_. 4 Mamie 9 7 :�oviells TOWER 12 h I, h 8 9 M 9 a POint- 1 4 1/0 2- A 13L B 9 E11 A L I? —_5 12 It to/ _ _, 1Ki-rT,�-.' 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C:'� L/ f... � , •" i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Kitty Hawk Landing Association (H0A) County: Dare LOCATION OF PROJECT: Albemarle Sound between 50' &400' waterward of the marsh islands leading from entrance to canals in Kitty Hawk Landing to Long Point, Kitty Hawk DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/23/05 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Lynn Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ted Sampson, Date: t5 DS" B) DATE APPLICATION RECEIVED IN RALEIGH: 000eFEE REC'D: $�O_ lcb% 1 PUBLIC NOTICE REC'D: 0V/Z(Was �I END OF NOTICE DATE: o 7�/Gfd.S -ADJ. RIP. PROP NOTICES REC'D: .-DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 0816 150 DAY DEADLINE: /o Ao%S MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative f�� Coastal Management- LUP Consistency lr�0 Division of Community Assistance b Land Quality Section 0 ` Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health / Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries - Submerged Lands (DMF) -2,,06'b1z\P\ LP rggoavv�l gh( Permit# 19 5 DCM Coordinator: WIAtle MAILING DISTRIBUTION: Permitee: u,,4q Ak%A IW " Njn IV(- Agent: DeAA,e 6L4J6 K10v Za4, DCM Field Offices: lizabeth Ci Morehead Ci Was mgton Wilmington US Army Cgrps f Engineers(USACE): Vashington: Mike Bell(NCDOT) LBiddlecome(NCDOT) Raleigh Blan Wilmington: Dave Timpy(NCDOT) Henry Wicker s: Cultural Resources: Renee Gledhill-e rl Environmental Health: Terry Pierc Marine Fisheries: Mike StreetIl NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler✓ fate Pro e Office: Jose h Henderson' / S p rty p uali Cyndi Karoly(for non-DOT \ Jo Hennessy r / Wildlife Resources: Maria Tripp✓ Bennett Wynne David Cox(Iv'CDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCNI Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA Major Permit Process Manual Page 70 of 70 o�pF W A"f� Michael F.Easley,Governor William G.Ross Jr.,Secretary co North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality August 8, 2005 DWQ Project#05-1159 Dare County Kitty Hawk Landing Homeowners Association P.O. Box 923 Kitty Hawk,NC 27949 Subject Property: Kitty Landing Aids To Navigation AUG 0 9 Kitty Hawk,NC DIV.OF COA51A,-9 VF'kk rtm`c Approval of 401 Water Quality Certification(GC3400) with Additional Conditions Ladies and Gentlemen: You have our approval,in accordance with the attached conditions, to place eight channel markers in the Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point as described in your application received by the Division of Water Quality (DWQ)401 Oversight/Express Review Permitting Unit on June 23, 2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ)General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). This certification does not permit the placement of fill material within or otherwise impacts to 404/CAMA wetlands, streams or waters beyond those activities described in your application. In addition,you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference 404/LAMA Wetlands 0.0 (acres) DCM-MP One NorthCarolina 401 Oversight/Express Permitting Unit Nahmally 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Kitty Hawk Landing Homeowners Association Page 2 of 2 August 8,2005 Streams 0.0 linear feet DCM-MP Waters 0.0 (acres) DCM-MP 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W. Klimek,P.E. AWKlijm Enclosures: GC 3400 Certification of Completion cc: Dennie G. Burns,4100 Ivy Lane,Kitty Hawk,NC 27949 Doug Huggett,DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 051159KittyHawkLandingHomeAsso(Dare)401 CAMA A�` _WY WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 5, 2005 Kitty Hawk Landing HOA P.O. Box 923 Kitty Hawk,NC 27949 Dear Sir Madam: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to place eight channel markers in Albemarle Sound leading from the Kitty Hawk Landing canal system to Long Point in Dare County, Kitty Hawk, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make October 20, 2005 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 me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, �o l7 Do Huggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Elizabeth City 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net RE: Broughton T. Dail and F.J. Outland Subject: RE: Broughton T. Dail and F.J. Outland From: "Bland, Raleigh W SAW" <Raleigh.W.B land@ saw02.usace.army.mil> Date: Tue, 2 Aug 2005 09:34:02 -0400 To: "Rich Weaver" <Rich.Weaver@ncmail.net> Hey Man, Sorry for the delays, I was out last week and buried with enforcement work this week. Hope these help! Broughton Dail and FJ Outland AID No. 200511221 NWP No. 3 27June05 Graham Whitehurst AID No. 200511120 General Permit No. 1980000291 2Aug05 Kitty Hawk Landing AID No. 200511219 General Permit No. 1980000291 2Aug05 -----Original Message----- From: Rich Weaver [mailto:Rich.Weaver@ncmail.net] Sent: Monday, July 25, 2005 3:30 PM To: Bland, Raleigh W SAW Subject: Broughton T. Dail and F.J. Outland Hey Raleigh, I have one more to had to your list when you get a chance, it is the application submitted by Broughton T. Dail and F.J. Outland to replace a bulkhead blown out by storms. Thanks buddy, hope you are doing well. Rich Weaver, Assistant Major Permits Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 FAX (252) 247-3330 Toll Free: 800-912-CAMA <!--[if !supportEmptyParas]--> <!--[endif]--> I of 1 8/2/05 9:40 AN Re: [rwd: projects that did not appear in database] Subject: Re: [Fwd: projects that did not appear in database] From: Laurie Dennison<laurie.j.dennison@ncmail.net> Date: Wed, 27 Jul 2OO5 07:08:03 -0400 To: Rich.weaver@ncmail.net CC: Cyndi Karoly<cyndi.karoly@ncmail.net> *See BIMS/DWQ# next to each entry below -* Cyndi Karoly wrote: Laurie - I think Rich was going to call you about these. I'll maintain his email for my records - right now I'm not sure why we don't have these. ------------------------------------------------------------------------ Subject: projects that did not appear in database From: Rich Weaver <Rich.Weaver@ncmail.net> Date: Tue, 26 Jul 2005 13:45:42 -0400 To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> Hey Cyndi, Thanks for getting back to me so quickly, here are the 3 projects I could not find in the database. Jim Owens, Currituck County. *DWQ # 20051162* Kitty Hawk Landing Company (HOA) , Dare County *DWQ # 20051159* Broughton T. Dail and F.J. Outland, Perquimans County *DWQ # 20051160* Thanks Cyndi *Rich Weaver, Assistant Major Permits Coordinator* Division of Coastal Management <http://www.nccoastalmanagement.net/> 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 FAX (252) 247-3330 Toll Free: 800-912-CAMA 1 of 1 8/2/05 9:55 A.N O�0F Vq ATE9pG Michael F.Easley,Governor � William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality July 14,2005 .4 J Kitty Hawk Landing HOA Morehead City PO Box 923 �/ �G'M Kitty Hawk,NC 27949 Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA-Pilings Kitty Hawk Landing Aids to Navigation Stormwater Project No. SW7050623 Dare County Dear Kitty Hawk Landing HOA: The Washington Regional Office received a copy of your CAMA application for your proposed pilings project named Kitty Hawk Landing Aids to Navigation on June 23, 2005. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality,'the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter,please contact me at(252)948-3934. Sincerely, Amy L. Franklin Environmental Engineer Washington Regional Office cc: ✓lloug Huggett,DCM—Morehead Dennie G. Burns Washington Regional Office one Central Files No Car Natmn North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet: h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer—50%Recycled110%Post Consumer Paper Alfflrio-UAAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator � + FROM: Charlan OWen(AICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager MA QGM r�t���d city SUBJECT: Major Permit Request by Kitty Hawk Landing Homeowners Association to install eight (8) channel markers within the Albemarle Sound leading from the Kitty Hawk Landings southern canal entrance, just south of Shelibank Point, and extending in a southerly direction approximately 6,944 feet to Long Point, Town of Kitty Hawk, Dare County. DATE: June 29, 2005 Consistency Determination: The request is consistent with/not in conflict with the Town of Kitty Hawk 1994 Land Use Plan (LUP) certified by the CRC on July 28, 1995. Overview: The project site is located in the Albemarle Sound extending from the entrance of Kitty Hawk Landings southern canal entrance to Long Point for a distance of 6,944 feet. The area is traditionally used as a travel way leading to Kitty Hawk Landing, a residential waterfront development. Due to the constantly changing bottom, shoaled area movement has caused a large number of groundings. There is no record of a dredge channel within the project area. Eight (8) channel markers, five (5) red and three (3) green, are proposed to be placed along the project area to mark the "traditionally used channel". The markers are to be placed between 50 feet and 400 feet waterward of the marsh islands leading from the entrance to the canals in Kitty Hawk Landing to Long Point in the Albemarle Sound. Water depths within the project area range from 1 foot to 3 feet outside of the proposed marked channel and 3 feet to 6 feet within the marked alignment, with the exception of the canal entrance where depths shallow out to an average of 2.3 feet. A dredge permit is not requested at this time. The Albemarle Sound is classified as 'joint waters' and Class SB waters. Submerged Aquatic Vegetation (SAVs) is found extensively throughout the Albemarle Sound. The presence of vegetation within the existing travel way is minimal at this time. Anticipated impacts resulting from this project are expected to include: temporary localized turbidity during installation of the channel markers within Public Trust/Estuarine Waters AEC. Placement of the channel markers will reduce travel and prop scour outside of the traditional travel way and reduce damage to surrounding submerged aquatic vegetation. The channel 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 2 markers will also provide a safer more direct route to navigable waters within the Albemarle Sound, reducing the number of groundings in the area. Basis for Determination: The project site is located waterward of areas designated as "Conservation" on the Town of Kitty Hawk Land Classification Map. The site is located within Areas of Environmental Concern (AECs). Additional text discussion on page 80 recognizes that all areas within AECs also qualify for the "Conservation" classification. The following are LUP policies that may be applicable to this request. Areas of Environmental Concern: Policy, page 37. "The Town supports the guidelines of the Coastal Area Management Act and the associated policies of the Coastal Resources Commission but reserves the right to review and oppose sections of the CAMA or its implementation that may be deemed contrary to the Town's land use policies and development preferences." Commercial and Recreational Fisheries, Shellfishing Waters; and, Nursery and Habitat Areas: Policy, page 45. "The Town supports the protection of commercial and recreational fisheries, shellfishing waters, nurseries, and habitat areas and does not support dredging activities- except for CAMA permitted maintenance dredging activities—in Primary Nursery Areas and areas of Submerged Aquatic Vegetation." Channel Maintenance and Beach Nourishment: Policy, page 49. "...The Town does not support the provision of borrow and spoils areas or work easements for channel maintenance or dredging activities." Use Of and Activities In and On Ocean and Sound Waters: Policy, page 68. "...The Town supports the exercise of legislatively authorized local police power to separate conflicting water uses and activities in and on the ocean and sound waters along its borders." cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper JIJL 6 2005 F' C E I Vfm ��- JUN 29 29 NCDENR �adpity DNorth Carolina Department of Environment N atural Resourc s Division of Coastal Management �ISTRICT OFFICE Michael F. Easley, Governor Charles S.Ines, Director... William G.Ross Jr., Secretary June 21, 2005 'JUL - 5 20: AUU&EWftditUW Unit Head___-- — Co6OTp, Ar.r "_�.T Envir.pperatcns.— MEMORANDUM: E��LM�", .,�7 Roadslde Devel. EC&Veq.Mggt. Field Oyer.Eng._TO: Ken Pace NC DOT, State Construction/Materials Branch JLN ~ ^ 5 FROM: Doug Huggett Design-_- Major Permits Processing Coordinator Rest Area____-__..._...__ Ve�etatian aAgt,.,. ..._..-__--..— deautiflcntlon_....,_,_._ SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. "Does n0- oJou)- k, S�x k r yia i rt lu f n e_ L t/24t,&�, . This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED 17J, DATE 3v l 0± 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight �> riaQ�NCDENRNorth Carolina Department of Environment and Natural ResoRFF JUL 0 6 2005 Division of Coastal ManagementY O n Michael F.Easley, Governor Charles S. Jones, Director Williag�5R�s�shrB�C�tVlty DvM June 21, 2005 _. ----- --� MEMORANDUM: } TO: Joe Henderson J U N ? 2 2005 NC Department of Administration FROM: Dow! Huii2ett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: _1�This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED t,,4PATE 1 ZAL o� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 PhZ 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight AM NCDENR ' North Carolina Department of Environment and Natural ResourceON 2 9 2005 Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director a 00 June 21, 2005 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. �s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L%%?5 P� DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight �—�—NCDENR JUN 2 9 2005 North Carolina Department of Environment and Naturamm d Ci ('� Division of Coastal Management CCU Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary / June 21, 2005 MEMORANDUM: TO: Pat McClain / James Simmons Division of Land Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 41 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED G Lr� DATE 4/0 Z gz!::�s 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross June 21, 2005 16 � MEMORANDUM: TO: Stephen Smith, Local Permit Officer '��' Town of Kitty Hawk FROM: Doug Huggett �O Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: L/ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE a 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NCDENR ��N North Carolina Department of Environment and Natural Resources 3 Q 2005 Z, Division of Coastal Management �p Michael F. Easley, Governor Charles S. JOnes, arq for l� William G. Ross d Q ty DC& June 21, 2005 {� ! 20 1L MEMORANDUM: �---- SHELLFISH SANITATIO"1 TO: Patti Fowler NC Department of Environmental Health FROM: Doug Huggett FISH SANI7ATlON Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED�� �`�� 1�ic�,�o�✓le i DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary June 21, 2005 MEMORANDUM: D TO: Preston P. Pate, Jr., Director UN 2 8 2��5 Division of Marine Fisheries p ,F-HABITAT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED44 DATE �— J 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 21, 2005 MEMORANDUM: 1� I ED TO: Charlan Owens, District Planner • Division of Coastal Management IA FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. x 5�� SIGNE DATE 1367 U.S. 17 outh, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight (1P 1P a# ED NCDENR JUL 0 7 2005 North Carolina Department of Environment and Natural Resp1irrceessh Division of Coastal Management 1IVV�r Nd City DCM Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary June 21, 2005 �0��2p21Z2�3�9�s MEMORANDUM: SUN N TO: Maria Tripp Cq�►v t o NC Wildlife Resources Commission l �' FROM: Doug gg Hu ett 9 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. _ This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED - 12 DATE 13 7 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 52-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight KA W ---�- DUN 23 Pecs NCDENR - North Carolina Department of Environment and Natural Resoutt�.r4ra r,� Division of Coastal Management Michael F. Easley, Governor Charles S. Jone Follyza Ross Jr., Secretary June 21, Pees JUL 0 5 2005, - , 14 23 MEMORANDUM: $c7� City 0� TO: Renee Gledhill-Early Morehead � CCM /�- � NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator �(�ld1"t SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: 1' This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. ell A SIGNED DATE iq 1367 U.S. 17 South, Eliza th ity,North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight °h�P 9 (AMA WCDENRo jr� � D North Carolina Department of Environment and Natural Res ur eS UDivision of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Willia kG.- 11C7N June 21, 2005 C6 MEMORANDUM: TO: Jim McRight NC Department of Environmental Health13 ���® FROM: Doug Huggett SEP 1 Major Permits Processing Coordinator 3 2005 COASTAL AAANAGFMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review EL"`� -ITS Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED � � DATE (J 1367 U.S. 17 outh, Elizabeth City, North Carolina 2790 Phone: 252-264_3901 1 FAX: 252-264_37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight �-NCDENR AUG 0 9 J�7Vi�i1:.'t North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary June 21, 2005 r ,pj 051I59 (�� MEMORANDUM: \ EMD,6[g 3k U Cyndi Karoly J U N 2 3 2005 Environmental Biological Supervisor TY Division of Water Quality WETLANDS TORMWATER-WATER IBRANCH 1 r c , Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kitty Hawk Landing Homeowners Association Project Location: Albemarle Sound leading from Kitty Hawk Landing canal system to Long Point, Kitty Hawk, Dare County Proposed Project: Place 8 channel markers in Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 12, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: /This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency ects to the project for reasons described in the attached c t . SIGNED DATE � �S 1367 U.S. 17 South, Elizabeth City, North Carolina 7909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight eWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett, Major Permit Coordi� THROUGH: Ted Sampson, District Manager FROM: Lynn W. Mathis, Coastal Managernent Field Representative SUBJECT: Comments and Recommendations for Kitty Hawk Landing Homeowners Association CAMA Major Permit Application DATE: June 13, 2005 The property owners in Kitty Hawk Landing have proposed a channel marker system from the southern canal entrance (south of ShellBank Point) to Long Point, in the Albemarle Sound. The association proposes to install eight channel markers (5) red and (3) green. The narrative submitted states that two of the markers will be lighted; however, there is no mention in the Coast Guard Application for any lighted markers. According to the information provided Channel Markers Nos. 2, 4, and 6 will be placed within 200' of two marsh islands owned by Russell Twiford. Marker No. 8 will be less than 100' from a marsh island owned by Mr. Twiford. Marker No. 10 will be approximately 50' of a marsh island owned by the State of North Carolina. The remaining markers will be between 300' and 430' from the marsh islands (See the enclosed plan). Under the North Carolina Administrative Code, 07H .0206 Estuarine Waters, more specifically 07H .0206(d) under General Use Standards: "Second priority of estuarine waters use shall be given to those types of development activities that require water access and uses which can not function elsewhere such as simple access channels; structures to prevent erosion; navigation channels..." While no specific standards have been established in the rules, I would like to recommend that the application be approved subject to the following conditions: 1. The placement of the Channel markers and the type of markers are subject to approval by the US Coast Guard. A copy of such approval must be submitted for review to the Division of Coastal management prior to any work. 2. Alignment of the channel markers shall be as shown on the plans submitted (Pages 8 and 9, dated April 1, 2005). 3. Placement of the markers shall be subject to the February 1st to October 31st moratorium. Installation of the pilings within the moratorium may only be permitted by agreement with the Division of Coastal Management and the Division of Marine Fisheries. 4. No marsh grass will be excavated or filled. 5. NOTE: The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 6. NOTE: Future development within the project area may require a modification of this permit. Contact a representative of this Division at(252) 264-3901 prior to commencement of any such activity for this determination. Cc: Raleigh Bland, COE id A110, s . Development Type FEE DCM% DWQ% 14300 1601435100093 1625 6253 24300 1602 435100095 2341 I. Private,non-commercial development that does not involve $250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not Involve the filling or $400 100%($400) 0%(SO) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: III(A). For Private,non-commercial development,If General water Quality $250 100%($250) 0%($0) Certification No.3301(see attached) ca III(B): For public or commercial development,If General water Quality $400 100%($400) 0%($0) Certification No.3301(see attached) can be applied: III(C). if General Water Quality Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No.3301(see attached) $400 60%($240) 40%($160) can not be applied: IV. For development that involves 40%($190) 66-85/531 1075 it KITTY HAWK LANDING ASSOCIATION, INC. 0900060372 P.O. BOX 923 DATE KITTY HAWK, NO 27949 PAY TO THE xi ^ I�- I $ D `0 I ORDER OF V� ' U °n DOLLARS g Centura Bank®Kit Raw NC C-4 �p limit.J MEMO 1:0 5 3 L008 50i:0 9000 60 3 7 211' 1,07S A' WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary FAX MEMORANDUM TO: The Coastland Times Manteo, NC 27954 FROM: Yvonne Carver � ,; Administrative AssrStant DATE: June 21 , 2005 SUBJECT: Public Notice — Kitty Hawk Landing Homeowners Association Please publish the attached Notice in the Sunday, June 26, 2005 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Attachment cc: oug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b)that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on May 23, 2005. According to said application, the Kitty Hawk Landing Homeowners Association is requesting a permit to place 8 channel markers in the Albemarle Sound leading from the Kitty Hawk Landing canal system to Long Point in Kitty Hawk, Dare County. A copy of the entire application may be examined or copied at the office of Lynn Mathis, Field Representative of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to July 16, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, June 26, 2005 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 21, 2005 Mr. Dennie G. Burns 4100 Ivy Lane Kitty Hawk, NC 27949 Dear Mr. Burns: The Division of Coastal Management hereby acknowledges receipt of the application for Kitty Hawk Landing Homeowners Association submitted for State approval for development of property located in the Albemarle Sound leading from the Kitty Hawk Landing canal system to Long Point in Kitty Hawk, Dare County. It was received complete on May 23, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is August 6, 2005. When such time is necessary to complete the review, an additional 75-day review period is provided by law. 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. If this agency does not render a permit decision within 70 days from the date received, you may request a meeting with the Director of Division of Coastal Management (DCM) and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. 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. 1367 U.S, 17 South, Elizabeth City, North Carolina 27909 Phone; 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight Mr. Dennie G. Burns June 21, 2005 Page 2 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 questions, and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Lynn W. Mathis Coastal Management Representative LWM/ybc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC Kitty Hawk Landing Assn., Kitty Hawk, NC 4 Nor i , 4 AMA Pl:P--- RMlT AP LIS= F PROJECT: J::� -rA 1,e- C A/N N(.L- ✓Y1 A A X C S <N r A 1 6,s-, m c,r- Ie S� r z�, ram_ o- c, e n o. <i 4-0-w u Lc, 4n COMMENTS ACCEPTED TH ROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 2 3 v, J -, C � znft v, �L?9 `f 9 Z-3 2 12 �� � n; e ��•�ns� 2s2-z� 1 - s5-7y {� Z_l z.0.,& �L, C��-y . nlc �2_? aS2- 2 ( -