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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
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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.
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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
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2 • VERT CL 35 Fr I AUTH Mariners are warned that numerous areas a C,,;iKjwn Gut FI 1
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7 �G adjacent to the shoreline are foul with trees. 0 sarep
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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
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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:
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