20031637 Ver 1_Complete File_20030830

`OHO RPG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
0 .? Coleen H. Sullins, Deputy Director
Division of Water Quality
February 23, 2004
DWQ# 03-1637
Dare County
Earth Resources
C/o Mr. Tim Beacham
P.O. Box 410
Kitty Hawk, NC, 27949
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Beacham:
You have our approval, in accordance with the attached conditions, to shade 0.13 acre of vegetated and non-
vegetated wetlands in order to construct an elevated observation platform and kayak ramp in Newfoundland Gut, an access
and observation platform in a wetland pond, and access over a small cut in High Bridge Creek in Dare County, as described
in your application received by the Division of Water Quality on December 30, 2003. No fill in wetlands or water is involved
in this work. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3400, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This
Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, Coastal Stormwater and U.S. Coast Guard
regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you maybe required to send us anew application; fora new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must,follow the
conditions listed in the attached certification and the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in
the 401 Certification has been completed;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
NMENR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Earth Resources c/o Tim Beacham
February 23, 2004
Page 2 of 2
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project;
If you do not accept any of the conditions of this certification, 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 conforming 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 Tom Steffens in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
Sincerely, /r
a,--
Alan W. Klimek, P. E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Atlantic Environmental Consultants, P.O. Box 3266, Kitty Hawk, NC, 27949
031637
yfn
r
A74 ,
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
December 23, 2003
MEMORANDUM: WI-77ANDsI401 GROUP DE-1- 3 TO: Mr. John R. Dorney fd 200,3
Environmental Biological Supervisor WAT
Division of Water Quality ERQU40,YsF
cT?oN
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Earth Resources
Project Location: At the end of Bob Perry Road (SR 1210) in the Town of Kitty Hawk, NC
Proposed Project: Construct elevated platform and kayak ramp in Newfoundland Gut,
Access and platform in wetland pond, and Access over small cut in
High Bridge Creek
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 13, 2004. If you have any questions regarding the proposed project, please
contact Lynn Mathis at [phone]. When appropriate, in-depth comments with supporting
data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc,us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Earth Resources County: Dare
LOCATION OF PROJECT: At the end of Bob Perry Road (SR 1210) in the Town of Kitty Hawk, NC
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 12/08/03
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Lynn Mathis DISTRICT OFFICE: Elizabeth City
,-"1
DISTRICT MANAGER REVIEW: i?,-?
B) DATE APPLICATION RECEIVED IN RALEIGH: f FEE REC'D:$
PUBLIC NOTICE REC'D:
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:
MAIL OUT DATE:
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE
END OF NOTICE DATE:
150 DAY DEADLINE:
STATE DUE DATE:
ON:
FED COMMENTS RECD:
DENY
DRAFT ON.
AGENCY DATE COMMENTS
RETURNED OBJECTIONS:
YES NO NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section
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)
DEED RECD:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAMES: Earth Resources, Inc.
2. LOCATION OF PROJECT SITE: The property is located at the end of Bob Perry Road (SR)
1210) in the Town of Kitty Hawk, in Dare County, adjacent to a man-made canal off Albemarle
Sound.
Photo Index - 2000:184-2122 K20, L20-22, M16-18, and N16 1995: 187-1972 S&T9, U9, U&V6,
and U&V10 1989: 1 44-11 A&B6, B6&7, B&C10, C7, and C&D 6 1984: 137-494
C9&10, D9-11, D13, E10&11, and F10
State Plane Coordinates - X: 853 800 Y: 2 969 000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - May 22, 2003 & November 1, 2003
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - December 08, 2003
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Coastal Shoreline (ES) Coastal Wetlands (CW) and Estuarine Water (ES)
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - Offices, ships store, bulkheads, barges, fuel facility, weight
station, and storage bins.
Planned - Walkway, elevated viewing platforms, kayak ramp.
(G) Estimated Annual Rate of Erosion: Not Given
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED SHADED
OTHER
(A) Vegetated Wetlands: 4,558 sf CW
(B) Non-Vegetated Wetlands: 516 sf EW & PT 66 sf SB (Pond)
(C) Other: High Ground 420 sf HG 1 11
(D) Total Area Disturbed:
(E) Primary Nursery Area:
(F) Water Classification:
5,560sf (0.13 acres)
No
SC Open: No
PROJECT SUMMARY: The applicant, Earth Resources, Inc., proposes to construct an elevated
observation platform and kayak ramp in Newfoundland Gut, an access and observation platform in a
wetland pond, and access over a small cut in High Bridge Creek (also listed on maps as Jean Guite
Creek) to a high ground ridge. The project site is located at the end of Bob Perry Road (SR1210) in the
Town of Kitty Hawk, Dare County.
Earth Resources, Inc.
Field Report
Page 2
PROJECT SITE
The applicant's property is located at the end of Bob Perry Road (SR1210) in the Town of Kitty Hawk,
Dare County. The property consists of approximately 141 acres and is primarily Coastal Wetlands. It
appears that the high ground areas on the property were created from dredge fill that was placed on the
site through the years. Aerial photography and archive photography indicate that the fill was placed on
the property prior to the Coastal Area Management Act. Alvis Beacham owned and operated a barge
landing at the site for a number of years with his sons. His sons owned and operated Outer Banks
Contractor from the site. In 1999, Mr. Beacham sold the property to Earth Resources, a company
owned and operated by his son, Tim Beacham. Tim Beacham has continued to operate the barge
landing, but has added a ships store to the property along with a fueling dock.
The following permits and Division of Coastal Management actions have been issued for development
on the property:
1990: CAMA Major Permit #137-90 was issued to Alvis Beacham to dredge Loving Canal.
1994: The permit was renewed.
1999: The permit was transferred, and renewed, in the name of Earth Resource, Inc.
2003: The permit was refined to allow minor maintenance dredging.
2003: NOV #03-22A was issued for the filling of coastal wetlands and the placement of
unconsolidated fill material along the shoreline of, and in, Loving Canal. A 391'
bulkhead was constructed to confine the fill material and reduce future siltation in the
canal. In addition to the bulkhead, the owner removed all unauthorized wetland fill as
requested, and paid the civil penalty.
Adjacent uses in the area are residential, within areas of considerable Coastal and non-coastal wetlands.
The shorelines of the canal and of Kitty Hawk Bay along the applicant's property are natural with a
Coastal Wetland fringe that varies in widths from 50 feet to several hundreds of feet. Coastal Wetland
vegetation includes salt meadow cord grass (Spartina patens), bulrush (Scirpus spp.), big cord grass
(Spartina cynosuroides), and black needle rush (Juncus roemerianus). Other vegetation found on the
high ground hummocks includes, but is not limited to, common reed (Phragmites australis), live oak
(Quercus virginiana), loblolly pine (Pinus taeda), red cedar (Juniperus virginiana), poison ivy (Rhus
toxicodendron), wax myrtle (Myrica cerifera), and false willow (Baccharis angustifolia).
The property has miles of meandering shoreline along Kitty Hawk Bay and there are three canals
entering the property: 1) Jean Guite (Referenced by the Town as High Bridge Creek), 2) Loving Canal,
and, Newfoundland Gut. The average depth of High Bridge /Jean Guite Creek is three feet along the
applicant's property, Loving Canal varies from three feet to 10 feet in depth, and Newfoundland Gut
runs an average of two feet to three feet in depth. Newfoundland Gut is approximately 28 feet in width
within the project area. The water bottom along these canals is a fine silt and muck.
Kitty Hawk Bay 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 SC (Fish Propagation). Additional review indicates that there are no
known unique geological formations associated with the applicant's property. There is an identified
archeological site within a mile of the site, referenced as DR 17, but not within in the immediate vicinity
of the applicant's property.
Earth Resources, Inc.
Field Report
Page 3
PROJECT DESCRIPTION
The applicant is proposing to undertake the following land disturbing activities to allow the public to
access Loving Canal and Newfoundland Gut to observe birds and wildlife on the 141 acre tract.
1) A 6'x 182' walkway elevated 4' above the adjacent coastal wetlands, with a 20'x 21' platform with
stairs to a 6'x 6' observation platform elevated 12' above the adjacent Coastal Wetlands. Leading
from the platform to Newfoundland Gut is a small 2'x 5' ramp that will cross a small patch of
Coastal Wetlands (Cladium jamaicense) arriving at a 6'x 16' floating dock for kayaks.
A 6'x 182' elevated walkway over Coastal Wetlands = 1,092 sf shaded Coastal Wetlands
A 20'x 21' platform over High Ground = 420 sf shaded High Ground
A 6'x 6' elevated platform over Coastal wetlands = 36 sf shaded Coastal Wetlands
A 2'x 5' ramp to a dock that will not be elevated = 10 sf shaded Coastal Wetlands
A 6'x 16' floating dock = 96 sf shaded Shallow Water Bottom
or
1,138 sf shaded Coastal Wetlands
420 sf shaded High Ground
96 sf shaded Estuarine and Public
Trust Water Shallow Water Bottom
1,654 sf Sub-total
2) A bridge access to a high ground ridge (man-made from dredged spoil) over a small cut in High
Bridge Creek, also referred to as Jean Guite Creek. Elevated 4' above normal water level, the bridge
will be 6'x 70' and will have approximately 70' of access over Coastal Wetlands also 6' in width.
A 6'x 50' bridge approach on the east side
A 6'x 20' bridge approach on the west side
= 300 sf over Coastal Wetlands
120 sf over Coastal Wetlands
420 sf of Coastal Wetlands
A 6'x 70' bridge
420 sf over Estuarine & and Public Trust
Water and Shallow Water Bottom
840 sf Sub-total
3) A 6'x 300' elevated walkway over Coastal Wetlands to a high ground hummock to access a small
6'x 6' elevated observation deck over a pond.
A 6'x 300'elevated walkway = 1,800 sf elevated over Coastal Wetlands
A 5'x 6' stairs (captains ladder) to the platform = 30 sf over Shallow Water Pond Bottom
A 6'x 6' elevated observation deck over a pond = 36 sf over Shallow Water Pond Bottom
1,866 sf Total
Earth Resources, Inc.
Field Report
Page 4
4) A 6'x 200' elevated walkway over Coastal Wetlands from a high ground hummock on the west sid(
of Loving Canal to the western shoreline of Loving Canal.
A 6'x 200' walkway over Coastal wetlands = 1,200 sf Total
According to staff calculations, the total area that will be impacted by the proposed development, i
approved, will be 5,560 square feet. The applicant's agent calculated the total to be slightly less at 5,44.
square feet. According to the applicant's agent approximately 1,848 square feet of the propose(
disturbance will be within the 75' Estuarine Shoreline AEC. However, all of the proposed development
within the exception of the 66 square feet within the pond falls within the Coastal Resource Commission
AECs of Coastal Wetlands and Coastal Shoreline.
ANTICIPATED IMPACT
1) If permitted, approximately 4,558 square feet of Coastal Wetlands will be shaded by elevate(
structures.
2) If permitted approximately 516 square feet of Public Trust and Estuarine Water/Shallow Botton
will be shaded by the proposed docks walkways and stairs.
3) If permitted approximately 66 square feet of Shallow Bottom will be shaded.
4) If permitted approximately 420 square feet of High Ground will be shaded by elevated walks an(
platforms.
5) Temporary localized disturbance in adjacent Coastal Wetlands and water will occur during
construction of the dock, platforms, and stairs.
6) The proposed development will provide access to areas previously inaccessible by the public.
7) A secondary impact from this project will be litter in the adjacent water bodies.
8) Increased turbidity will occur in Newfoundland Gut from kayaking.
Submitted By: Lynn W. Mathis
Date: December 22, 2003
PROJECT NARRATIVE
CAMA Major Permit - Earth Resources - Tim Beacham
Kitty Hawk. North Carolina, Dare County
The purpose of the following proposed improvements is to allow public access to Newfoundlin Gut by
Kayak, Jean Guite Creek by nature walk and avain/wildlife observatories to allow the public to observe
birds and wildlife that habitat the 141 acre parcel and Kitty Hawk area. The intention of the owner's
proposed improvements is to create a balance with the commercial site, allowing the public to enjoy the
wildlife and resources within the conunercial compound and public waterways.
Proposed improvements include: (1) construction of four (4) six-foot wide elevated walkways over coastal
wetlands. (2) construction of a six-foot wide, elevated foot bridge over Midgett's Pond; (3) construct a
21'x 20' wooden deck on highground: (4) construction of a wooden ramp (3.5' length and 5' width
(attached to the proposed deck)) connected to a floating kayak platform; (4) construction of two (2) twelve
foot (w/4' handrails, total 16' in height) wooden avian/wildlife observatories; (5) placement of gravel in
designated highground areas, to be utilized as additional parking (2) 20'x 60' gravel parking areas.
Purpose of the proposed improvements: (1) construction of elevated walkways and foot bridge will allow
access through coastal wetlands to allow the public to launch their kayak, observe wildlife on nature walks;
(2) construction of the observatories will allow the public to overlook the 141 acre parcel to view resident
and migratory birds and wildlife; (3) place gravel on highground for parking areas for the public access.
Construction of the elevated walkways, foot bridge, deck and observatories will include: hand held
hydraulic pumps and hand tools to place the pilings and construct the decking.
Construction of parking areas (2) will include: gravel tricked into designated areas by dump truck and
spreading the gravel using a front end loader.
Total disturbance for proposed project:
Walkway(s) 4,392
Foot bridge 420
Deck 420
Kayak platform w/ramp 113.5
Avian/wildlife observatories (2) 97
Total disturbance (s.f.) 5,442.5 s.f_
Total disturbance within 75' AEC
Deck 420
Walkway(s) 1,380
Kayak ramp (2.5'x 5') 12.5
Avian/wildlife observatories 36
Total disturbance within 75' AEC 1,848.5 s.f.
Total disturbance within 30' AEC (all numbers the same except for walkways = 110 s.f) 1,738.5 s.f.
Total area (s.f.) over open water Kayak platform 96 s.f.
Kayak ramp (1'x 5') 5
Observatory (1) includes steps 61
Foot bridge 420
Total area over open water 582 s.f.
PROJECT NARRATIVE (page 2 of 2)
CAMA Major Permit - Earth Resources
Kitty Hawk, Dare County, North Carolina
Total impervious area proposed within the 75' AEC = -0- s.f.
This proiect does not include 404 wetland fill or impervious areas other than the proposed gravel parking
areas outside the 75' AEC. The location of the ramp/kayak platform was identified by AEC and DCM field
representative as the best location, since larger clumps of Cladium sp. existed elsewhere along the
shoreline. The ramp width was limited to five feet to prevent shading of coastal species, however. a small
patch of Cladiuun sp. (2.5'x 5' = 12.5 s.£) could not be avoided. since Cladium sp. is located along the
entire length of the spoil bank on Newfoundlin Gut. The ramp sloping towards the kayak platform was
designed to allow a safe angle for kayaker's accessing the floating kayak platform, to allow kayak's to be
launch from the platform into Newfoundlin Gut (connected to Kitty Hawk Bay). The proposed height of
the ramp is 2 feet above the Cladium sp. in order to give a safe gradual slope necessary to access the kayak
platform. The distance to the adjacent shoreline is 28', therefore, the proposed construction of the kayak
platform within Newfoundlin Gut is consistent with 15A NCAC 07H.0208(b)(6)(iii).
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
c. Street address or secondary road number
4200 Bob Perry Road
1. APPLICANT
a. Landowner:
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Name Earth Resources c/o Tim Beacham
Address P.O. Box 410
Citv Kittv Hawk State NC
Zip 27949 Day Phone see agent
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Jean Quite Creek/Newfomidlnt Gut and
Kittv Hawk Bav
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name Atlantic Environmental Consultants. LLC
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of four (4) 6 foot wide elevated (3' above
Address P.O. Box 3266
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax [phone]
c. Project name (if any) AEC #03-004
NOTE: Perntit will be issued in name of landowner(s), andlor
project nanre.
2. LOCATION OF PROPOSED
PROJECT
a. County.- Dare County
wetlands) walkways: two (2) avian/wildlife observatories;
deck on highgrottnd; ramp leading to floating kayak platfonn;
foot bridge over N idgett's Pond (4 feet above NWL and two
avel parking areas
b. Is the proposed activity maintenance of an existing
project, new work, or both'? both
c. Will the project be for public, private or commercial
use?Commercial
Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages. Propgty owner proposes uMovenients to his exist
conunercial business to allow public access to Newfowidl n Gut
by kayak and construct observatories and provide nature walks
(elevated walkways and foot bridge) to allow them to observe
wildlife present at this 141 acre parcel. Hydraulic hand pump and
hand tools will be used to constnict all six-foot wide elevated (3')
walkways, elevated (4') foot bridge. and decking, and (6'x 6')
observatories (12' in height + 4' hand rails = 16' in height).
4. LAND AND WATER
CHARACTERISTICS
b. City, town, community or landmark
Kittv Hawk Village. Kittv Hawk
Form DCM-MP-1
Coastal (marsh) X Other 404 wetlands
If yes, has a delineation been conducted? no
(Attach documentation, ifmailable)
a. Size of entire tract 141.1 acres
b. Size of individual lot(s) 141.1 acres
c. Approximate elevation of tract above MHW or NWL
7% IT
d. Soil type(s) and texture(s) of tract
Fripp fine sand and Osier
e. Vegetation on tract live oak, red maple, loblolly pine.
water oak, red bay, bay berry, giant cane, black
needle rush, giant cordgrass, sawgrass, common
reed, barnyard grass, acid greenbriars.
Man-made features now on tract
Commercial buildings (Earth Resources and Dock of
the Bay Store), fuel pumps and fuel tanks. storage
shed, barge with bridge and steps; gravel driveway
and parking existing dirt roads, bulkhead and dock
along canal in front of Dock of the Bay Store/fuel
pumps - (Earth Resources) office building, trailer,
concrete bins, concrete drive up ramp, commercial
signage
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
Conservation Transitional
Developed _ Community
Rural Other
h. How is the tract zoned by local government?
Developed/coni nercial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, ifapplicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom'? N/A
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property'?
Yes X No
in. Describe existing wastewater treatment facilities.
existing on site septic system
n. Describe location and type of discharges to waters c
the state. (For example, surface runoff, saunitau
wastewater, industrial/commercial effluent, "was
down" and residential discharges.) surface runoff
o. Describe existing drinking water supply source.
Dare Countv
5. ADDITIONAL INFORMATION
In addition to the completed application form, d
following items must be submitted:
• A copy of the deed (with state application only) <
other instrument under which the applicant claims tit
to the affected properties. If the applicant is n(
claiming to be the owner of said property, then forwai
a copy of the deed or other instrument under which tE
owner claims title, phis written permission from d
owner to carry out the project.
• An accurate, dated work plat (including plan vier
and cross-sectional drawings) drawn to scale in blac
ink on an 8 1/2" by I V white paper. (Refer to Coast.
Resources Commission Rule 7J.0203 for a detaile
description.)
Please note that original drawings are preferred an
only high quality copies will be accepted. Blue-lin
prints or other larger plats are acceptable only if a
adequate number of quality copies are provided b
applicant. (Contact the U.S. Amy Corps of Engineei
regarding that agency's use of larger drawings.) A sit
or location map is a part of plat requirements and
must be sufficiently detailed to guide agency personnf
unfamiliar with the area to the site. Include highway c
secondary road (SR) numbers, landmarks, and the like
•A Stormwater Certification, if one is necessary.
Are there wetlands on the site'? X Yes No •A list of the names and complete addresses of the
Form DCM-MP-1
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit coirunents on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Charles W. Perrv, Jr.
Address P.O. Box 43
Phone Kitty Hawk, NC 27949
Name NC State (Property Control Section)
Address P.O. Box 629
Phone Raleigh. Nc 27602-0629
Name Burr Christopher Trust c/o Nations Bank
Address P.O. Box 15507
Phone St. Petersburg, FL 33733
Name Fred O. Weir
Address 15450 FM 1325 # 1912
Phone Austin, TX 78728
• A list of previous state or federal permits issued for work
on the project tract. Include permit numbers, pernittee, and
issuing dates. CAMA Major to Maintenance Dredge issued
to Earth Resources on 11-30-99 Permit No. 137-90:
LAMA Major Permit No. 62-00 issued to Earth Resources
On 4-18-2000 to construct Dock of the Bay facility
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR) to
cover the costs of processing the application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public fitnds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION
I understand that any pennit issued in response to this
application will allow only the development described in the
application. The project will be subject to conditions and
restrictions contained in the permit.
I certify that to die best of my knowledge, the proposed activity
complies with the State of North Carolina's approved Coastal
Management Program and will be conducted in a manner
consistent with such program.
I certify that I am authorized to grant, and do in fact, grant
pernussion to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to this pennit
application and follow-up monitoring of the project.
I further certify that the information provided in this application
is truthful to the best of my knowledge.
This is the 31 day of July , 20 03 .
Print Name Roxanne D. Dorman, agent
Signature (C
Landotiti ier orArrthaized Agent
Please indicate attaclunents pertaining to your proposed project.
DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
X DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
TO ENTER ON LAND
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Pennit,
Form DCM-MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project.
a. Type and number of buildings, facilities, units or
structures
proposed Wooden deck, steps and gravel narking
b. Number of lots or parcels 1
c. Density (give the number of residential units and the units
per acre) N/A commercial site
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. (2) 20'x 60' gravel parking areas
(outside 75' AEC) = 1,200 s.f ;
(1) 20' x21' deck= 420 s.f.;
(2) (1) 6'x 6' observatory = 36 s.f.
Total highground disturbance=
1,656 s.f.
If the proposed project will disturb more than one acre of
land, the Division of Land Resources must receive an
erosion and sedimentation control plan at least 30 days
before land disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been submitted to
the Division of Land Resources? _ Yes X No
If Yes, date submitted N/A
f List the materials (such as marl, paver stone, asphalt, or
or concrete) to be used for paved surfaces.
Gravel
g. Give the percentage of the tract within 75 feet of MHW or
NWL, or within 575 feet in the case of an Outstanding
Resource Water, to be covered by impenious and/or built-
upon surfaces, such as pavement, buildings, rooftops, or to
be used for vehicular driveways or <0.01%
parking.
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification. Has a
site development plan been submitted to the Division of
Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
Existing on site septic system, none proposed
j. Have the facilities described in Item i. above received
state or local approval? yes
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash dowr
and residential discharges).
Surface runoff
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Existing county source
in. Will water be impounded? _ Yes X No
If yes, how many acres'? N/A
n. If the project is an oceanfront development, when was
the lot(s) platted and recorded?
N/A
Beacham AEC#03-004
Applicant or Project Name
Signature
Date
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach dus form to Joust Application for CANIA Major Penuit, e. Mooring buoys N/A
Fonn DCM-MP-1. Be sure to complete all other sections of die (1) Commercial _ Private _ Conununity ,
Joint Application wluch relate to this proposed project. (2) Number N/A
(3) Description of buoy (Color, inscription, size, anchor, etc.
a. Dock(s) and/or Pier(s) N/A
(1) Conunercial X Private , Community _
(2) Number N/A
(3) Length N/A (4) Width of water body N/A
(4) Width N/A (5) Distance buoy(s) to be placed beyond shoreline
(5) Finger Piers Yes _ No X N/A
(i) Number N/A
(ii) Length N/A f Mooring structure (boatlift, mooring pilings, etc.) N/A
(iii) Width N/A (1) Conunercial Community Privat,
(6) Kayak X Yes No (2) Number N/A
Platform(s)
0) Number 1 (3) Length N/A
(ii) Length 6' (4) Width N/A
(iii) Width 16'
(7) Number of slips proposed N/A g. Oth er (Give complete description) Avian/wildlife observatory
(8) Proximity of structure to adjacent riparian property One (1) 6'x 6' avlan/wlldlife observatory is proposed within an existing
Lines 21 feet pond on this parcel which is connected to .lean Guite Creek. Five foot wide
steps are proposed to access the observatory from the proposed elevated
walkway. The propose observatory will be constructed on yilnigs, to be
located on the edge of the shoreline of the existing pond. Observatory will
be elevated twelve feet (12') above the NWL/edge of marsh (total height
uicludinghandrails 16')
(9) Width of water body 28 feet
(10) Water depth at waterward end of pier at MLW or NWL
Ramp from deck on hieheround to kayak platform is 3.5 feet
in length. One foot of the ramp is over open water. Total
square footage for the ramp over open water is
1'x5'=5s.f.
Foot bridge - six-foot wide, 70 foot in length proposed foot
bridge to cross Midgett's Pond. Elevated four (4') feet above
NWL to allow passage of kayak's; water depth is 6" to 12".
b. Boathouse (including covered lifts) N/A
(1) Conunercial Private
(2) Length N/A
(3) Width N/A
C. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number N/A
(2) Length N/A
d.
Bulkhead (e.g. wood, sheetpile, etc.) N/A
(1) Length N/A
(2) Average distance from MI-rW, NWL. or
wetlands N/A
Beacham AEC 03-004
A plicant of Project Name
Signature
Date
(3) Maximunn distance beyond MHW, NWL or
wetlands N/A
Form DCM-MP-5
BRIDGES AND
CULVERTS
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
1. BRIDGES
a. Public Private X
b. Type of bridge (construction material)
wooden foot bridge
c. Water body to be crossed by bridge
Midizett's Pond
d. Water depth at the proposed crossing at MLW or
NWL 8 to 12 inches
e. Will proposed bridge replace an existing bridge?
Yes X No
If Yes,
(1) Length of existing bridge N/A
(2) Width of existing bridge N/A
(3) Navigation clearance underneath existing
bridge N/A
(4) Will all, or a part of, the existing bridge
be removed? (Explain) bridge N/A
Will proposed bridge replace an existing culvert(s)?
Yes X No
If Yes,
(1) Length of existing culvert N/A
(2) Width of existing culvert N/A
(3) Height of the top of the existing culvert above
the MHW or NWL N/A
Will the proposed bridge affect existing water flow?
Yes X No
If yes, explain N/A
k. Navigation clearance underneath proposed bridge
navigation clearance proposed at four (4') feet..
Navigable bykkayaks only, water depth 6 to 12 inches
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening'? Yes X No
If yes, explain
in. Will the proposed bridge cross wetlands containing
no navigable waters? X Yes No
If yes, explain proposed bridge will cross the
southern end of Midizett's Pond which is very
shallow in water depth (6 to 12 inches)
n. Have you contacted the U.S. Coast Guard concerning
their approval?
Yes X No
If yes, please provide record of their action.
2. CULVERTS
(4) Will all, or a part of, the existing culvert be
removed? (Explain) N/A
g. Length of proposed bridge 70 feet
h. Width of proposed bridge six (6 Weet
i. Height of proposed bridge above wetlands (NWL)
four (4') feet
b. Number of culverts proposed N/A
Water body in which cvlvett is to be paced? N/A c. Type of culvert (constriction material, stele)
Form DCM-MP-5
d. Will proposed culvert replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge N/A
(2) Width of existing bridge N/A
(3) Navigation clearance underneath existing
bridge N/A
(4) Will all, or a part of, the existing bridge be
removed? (Explain) N/A
e. Will proposed culvert replace an existing culvert?
Yes X No
If yes,
(1) Length of existing culvert N/A
(2) Width of existing culvert N/A
(3) Height of the top of the existing culvert above
the MHW or NWL N/A
(4) Will all, or a part of, the existing culvert be
removed? (Explain) N/A
f. Length of proposed culvert N/A
g. Width of proposed culvert N/A
h. Height of the top of the proposed culvert above the
MHW or NWL N/A
i. Will the proposed culvert affect existing water flow?
Yes X No
If yes, explain
j. Will the proposed culvert affect existing navigation
If yes, explain N/A
3. EXCAVATION AND FILL
a. Will the placement of the proposed bridge or culvert
require any excavation below the MHW or NWL?
Yes X No
if yes,
(1) Length of area to be excavated N/A
(2) Width of area to be excavated N/A
(3) Depth of area to be excavated N/A
(4) Amount of material to be excavated in cubic
yards N/A
b. Will the placement of the proposed bridge or culvert
require any excavation within: No
Coastal Wetlands SAVs Other Wetlands
If ves,
(1) Length of area to be excavated N/A
(2) Width of area to be excavated N/A
(3) Amount of material to be excavated in cubic
yards N/A
Will the placement of the proposed bridge or culvert
require any highground excavation?
Yes X No
If yes,
(1) Length of area to be excavated N/A
(2) Width of area to be excavated N/A
(3) Amount of material to be excavated in cubic
yards N/A
d. If the placement of the bridge or culvert involves any
excavation, please complete the following:
(1) Location of the spoil disposal area
(2) Dimensions of spoil disposal area
N/A
(3) Do you claim title to the disposal area?
Yes No N/A
If no, attach a letter granting permission from
the owner.
(4)Will the disposal area be available for future
maintenance? Yes No N/A
(5)Does the disposal area include any coastal
wetlands (marsh), SAVs, or other wetlands?
Yes No N/A
If yes, give dimensions if different from (2) above. N/A
(6)Does the disposal area include any area below
the MHW or NWL? Yes _ No
If yes, give dimension if different from No. 2 above. N/A
e.Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed below MHW
or NWL? Yes X No
If yes,
(1) Length of area to be filled N/A
(2) Width of area to be filled N/A
(3) Purpose of fill N/A
f. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed within:
Coastal Wetlands SAVs _ Other Wetlands
If yes, No
(1) Length of area to be filled N/A
(2) Width of area to be filled N/A
Form DCM-MP-5
(3) Purpose of fill no fill proposed
g. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed on
highground? X Yes No
If yes,
(1) Length of area to be filled N/A
(2) Width of area to be filled N/A
(3) Purpose of fill N/A
4. GENERAL
a. Will the proposed project involve any mitigation?
Yes X No
If yes, explain in detail N/A
b. Will the proposed project require the relocation of
any existing utility lines'? Yes X No
If yes, explain in detail N/A
c, Will the proposed project require the construction of
any temporary detour structures?
Yes X No
If yes, explain in detail N/A
d. Will the proposed project require any work channels?
Yes X No
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled'? N/A
f What type of construction equipment will be used
(for example, dragline, backhoe or hydraulic dredge)?
N/A
g. Will wetlands be crossed in transporting equipment to
project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Yes X No
If yes, explain in detail N/A
Beacham AEC #03-005
Applicant or Project Name
Signature
t-E
Date
h. Will the placement of the proposed bridge or culvert
require anv shoreline stabilization?
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MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WO Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Earth Resources
Project Number 03 1637
Recvd From DCM
Received Date 12/30/03 Recvd By Region
Project Type construct elevated platform and kayak ramp in
County Dare
County2
Region Washington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
CAMA coastal FT-0-
Y O N F- 30-1-17 SC ? 30,156. 0.12 ? F_ I -
f- o Y o N I__?F-F--F-fir-I_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 ISSue/Cond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Isue n/c
cc: Regional Office
Central Office Page Number 1
~zas 206

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9~ PROPOSED 6' Vl%DE ELEVATED ~ ~ ~ ~ ~ ~ ELEVATED 2' C . ~ I WALKWAY REFER TO ELEVATED ~ ~ ~ • AREA ~ ~ ( , _ s I AREA OF CLADIUM SP. .M..
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~ ?m s - CALC -CALCULATED POINT
1. AREA = 6,159,946.50 sq.ft. / 141.4 acres (coord.meth.) - - _ _ _ _ - -
~ ~ 2. AS RECORDED IN D.B. 1136 PG. 710• D.C.R. ~ a ,
c~ 3. THIS SURVEY IS SUBJECT TO ANY EASEMENTS THAT A MORE
6' THOROUGH TITLE SEARCH MAY UNCOVER. GRAPHIC SCA] 'HIC SCALE
4. ALL ELEVATIONS ARE ASSUMED.
5. BOUNDARY BASED ON PLATS PREPARED BY STYON'S SURVEYING SERVICES, P.A. top o goo zoo aoo 4W eoo
ENTITLED SURVEY FOR "CHARLES W. PERRY, Jr. DATED 1/6/99 and PROFESSIONAL LAND SERVICES, Inc. ENTITLED "BOUNDARY SURVEY OF THE BARGE LANDING SITE LOCATED
A~ IN KITTY HAWK FOR OUTER BANKS CONTRACTORS, DATED 1/12/82.
6. SHORELINE SCANNED FROM EXISTING MAPS AND AERIAL PHOTOGRAPHY. (IN FEET ) IN FEET )
;-4, ~ 1 inch = 200 ft. ~ 4' A80VE , ~ coASrAL x~n.AHOS 7. THIS SURVEY IS FOR THE SHIPS STORE ONLY, AND NO CERTIFICATION IS MADE TOWARDS 3h = 200 ft.
o OTHER EXISTING STRUCTURES. PAGE 1 OF 2
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SCALE:
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FILE NO.:
ELEVATED ~ALKI~AY CROSS SECTION _ 4 BOB PERRY RDAD 141 ACRE PAS FOOTBRIDGE CROSS SECTION o3 00 "RE PAR CEL
N.T.S. N.T.s. DWG NO.: TOWN OF KITTY HAWK ATLANTIC TOWNSHIP DARE COUNTY kRE COUNTY NORTH CAROLINA
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BASE MAP TAKEN FROM DATE:4/1/03 CONSULTANTS, LLC
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