19940052 Ver 1_COMPLETE FILE_19940124

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 3, 1994
County of Currituck
P.O. Box 39
Currituck, N.C. 27939
Dear Sirs:
A&4 00
?EHNR
Subject: Proposed fill in Wetlands or Waters
Horse fence construction
Currituck County
DEM Project # 94052
Upon review of your request for 401 Water Quality Certification.
to place.fill material in.530 square feet of wetlands or waters which
are tributary to Atlantic Ocean for horse fence construction located
.at North Beach access road.in Currituck County as described in your
submittal dated 1 December 19934 we have determined that the proposed
fill can be covered by General Water Quality Certification No. 2733.
A copy of the General Certification is attached. This Certification
may be used in qualifying for coverage under Corps. of Engineers,
Nationwide Permit No. 18.
If this Certification is unacceptable..to.you, you have the right
to an adjudicatory hearing,upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447,,Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
. Presto Howa Jr. P.E.
94052.1tr
Attachment
cc: Wilmington District C rps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Central Files
Stephanie Briggs, DCM
John Taggart
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N, Schecter, Director
A&41*
dft
ED FE F=1
RECEIVED
V.";3HINGTON OFFICE
L. V I
13. E. „9Q
December 8, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: County of Currituck
Project Location: North Beach Access Ramp, at property line of Currituck Estuarine
Reserve and Villages of Ocean Hill, Currituck County, Atlantic
Ocean, Currituck Sound.
Proposed Project: Extend an existing east-west post and rail fence located just south
of the Currituck Estuarine Reserve Property into the Atlantic Ocean
and into the Currituck Sound. The fence extension is proposed to
restrict the Currituck Banks wild horse herd to that area north of
the fence line.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by December 29, 1993. If you have any questions regarding the
proposed project, please contact David R. Griffin at [phone]. When appropriate,
in-depth comments with supporting data is requested.
REPLY L,-' 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
attached comments.
Signed
?J
to the project for reasons described in the
Date !? f
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

To:
Planning Branch
III DEC 2 1993
DIVISION OF ENVIRONM12rM 1iANA
LAMA/COE PERMIT APPLICATION RBVIEW WETS ui
Q WATER R U?-NLITY
WARO PROJECT # 13 WQ SUPERVISOR: THOS
REVIEWER: SAWYER DATE:
RECOMMENDATION: IS I SUE/COND DENY HOLD %
OPEN OR CLOSED:
WL IMPACT: y .Z WL TYPE:
WL REQUESTED: 2,00 WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: G SHEET ATTACHED?
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING '
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJECT NAME: 6,&&. 4-oL ???
PROJECT TYPE: v P&- :O PERMIT TYPE: d['?/" R
COE #: DOT
RCD FROM CDA: DATE FROM CDA: / ?I f
S OQ
REG OFFICE: WaRO p? SUB WIN #:I
STREAM OR ADJACENT WATER BODY: eD`rze,?G'.M . ?..?
CLASS: S 13 / STREAM DEREK ?-
ORMWATER r'_-LA REQ D• IF YES, V AIL APP VED: `
PROJECT DESCRIPTION: ?f.'Z a.e?p 't6 o,._.
TYPE OF DISPOSAL PROPOSED: ^0-
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER : 1 WETLAND : ;L-?)
IS FILL ELIMINATING A SIGNIFICANT USE?
WATER QUALM CERT. (401)
CERT. REQ'D:
IF YES, TYPE: -
SEWAGE DISPOSAL
DREDGING
AREA TO BE DREDGED:
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? /y/7-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
A 1
DIVISION OF FAVIRONMENTAL MANAGEMENT
MEMORANDUM
• TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project:
41 01
Project No.:
Date Receive
. F' n,2. t Date Comment:
Description of Project: /
sc? r ?e.?ed
Comments:

DIVISION OF COASTAL, MANAGFNENT
FIELD INVESTIGAttoN 1t PORT W ,?gmNGT RECEIVED ICE
1. APPLICANT'S NAME: County of Currituck
OtO 10 1993
2. LOCATION OF PROJECT SITE: North Beach Access Ramp, at property line qf C_tWtuck
Estuarine Reserve and Villages of Ocean Hill, Currituck County, Atlantic Ocean, Currituck Sound.
Photo Index - 1989: Ocean-side: 40-24: R-10, S-10 1984: Ocean-side: 135-630: P-16, Q-16
Sound-side: 40-24: I-16 Sound-side: 135-630: 0-22
State Plane Coordinates - X: 2933600 Y: 977000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - December 8, 1993
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - December 1, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Ocean Hazard, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands,
Public Trust Area
(C) Water Dependent: No
(D) Intended Use: Horse fence
(E) Wastewater Treatment: Existing - N/A Planned - N/A
(F) Type of Structures: Existing - Post and rail fence, beach access ramp
Planned - Extension of existing fence with wooden posts and cable
(G) Estimated Annual Rate of Erosion: Ocean - 6 ft/yr
Source - NC Division of Coastal Management Erosion Rate Maps
7. HABITAT DESCRIPTION: [AMEA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands Approximately
(Soundside) 20 square feet
(B) Non-Vegetated Wetlands Approximately
(Oceanside) 10 square feet
(C) Other
' Approximately
(Oceanside
above MLW) 500 squate feet
(D) Total Area Disturbed: 1680 square feet (.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: Ocean: SB Open: No
Sound: SC
8. PROJECT SUMMARY: Currituck County proposes to extend an existing east - west post and rail
fence located just south of the Currituck Estuarine Reserve Property into the Atlantic Ocean and into
the Currituck Sound. The fence extension is proposed to restrict the Currituck Banks wild horse herd
to that area north of the fence line.
Currituck County
Bio Report
Page 2
The Currituck Outer Banks has experienced tremendous growth and development over the past 10 to
15 years. Much of the previously undeveloped, natural barrier island now has paved roads; houses,
beautiful landscaped lawns and people. The wild horses which have freely roamed the Currituck Outer
Banks for years, grazing on what little edible vegetation existed, now find ample amounts of thick, lush
green lawns on which to graze. While providing the wild horses with lush grazing pastures; these very
developments now threaten the existence of the wild horses. Many of the wild horses have been struck by
automobiles killing (14 horses killed to date) or injuring the horses, not to mention causing tremendous
damage to the automobiles involved.
In 1990, concern over the safety, protection and continuation of the wild horses; the Corolla Wild
Horse Fund constructed a wooden, post and rail fence just south of the Currituck Estuarine Rdseri+e on
property of The Villages at Ocean Hill. The wooden fence ran east to west across the farrier blat d, but
stopped short of the Currituck Sound or the beach adjacent the Atlantic Ocean. The wild horse herd was
moved north of the fence but quickly learned how to get around the fence and back to the lawns they graze
upon.
Recent discussions with the Corolla Wild Horse Fund, Currituck County, and State and Federal
Officials have centered around coralling the horses on public or private lands. State and Federal public
lands carry restrictions which may prohibit the placement of horses upon them. Failing to locate adequate
private land, Currituck County and the Corolla Wild Horse Fund desire to extend the existing wooden
fence into the Atlantic Ocean and into the Currituck Sound. The wild horses located south of the fence
(approximately 23 horses) would then be moved north of the fence and be free to move from the fence all
the way to the Virginia State Line. In conjunction with this, a viewing corral is proposed Ott the
Whalehead Hunt Club property now owned by Currituck County. The proposed corral would be large
enough to hold 4 to 8 horses which would be rotated with the free-roaming herd north of the proposed
fence.
The existing wooden, post and rail fence nuns from the north beach access road west toward the
Currituck Sound, stopping short of the Sound, at the property of the US Fish and Wildlife Service. The
fence transects several different plant and animal communities. The biota of the ocean end of the fence is
characterized by the presence of widely scattered, low-profile dunes with sparse salt-tolerant vegetation.
No continual dune line exists. The area is located on the southern end of a large ocean overwash area on
the Currituck Outer Banks. The biota on the Sound end of the fence exhibits a typical gradation from
freshwater wetlands into tidal, brackish wetlands. A sixty-foot wide coastal marsh begins coincidental with
the property of the US Fish and Wildlife Service Property. The marsh is dominated by black needlerush
(Juncus roemerianusl and salt reed grass (Spartina cynosuroides). A small tidal creek meanders into the
marsh separating the shoreline marsh from a large peninsula of coastal marsh which extends several
hundred feet into Currituuck Sound in a northwest direction. The tidal creek contains submerged aquatic
vegetation consisting of widgeon grass and milfoil.
Currituck County
Bio Report
Page 3
PROPOSED DEVELOPMENT
Currituck County in concert with the Corolla Wild Horse Fund is seeking authorization which would
allow them to extend the existing wooden fence into the Currituck Sound and into the Atlantic Ocean.
From its existing location the fence is proposed to be located on the south side of the North beach Access
Road within the right-of-way easement of the road. A cattle-guard grate-type structure is proposed to be
installed in the North Beach Access Road to prevent the horses from moving south down the road. The
proposed grate would allow the passage of vehicles across it. The fence is proposed to extend across the
beach face into the Atlantic Ocean stopping 20 yards below mean low water. To accomodate pedestrian
traffic along the beach, a pedestrian gate is planned on the upper beach area of the fence. An emergency
vehicle gate is proposed along the beach section of the fence. Non-emergency vehicles traveling north or
south along the beach would have to detour around the fence utilizing other vehicle ramps in Corolla. On
the western side of the barrier island, the application indicates that the fence is proposed to extend 20 yards
below mean 'low water into Currituck Sound. However, during an onsite meeting on December $, 1993,
the applicant indicated that the fence would extend across the sixty-foot wide coastal marsh along the
shoreline, extend approximately 50 feet across the tidal creek and continue into the coastal wetland
peninsula approximately 40 feet.
The fence extension both on -the ocean side and on the sound side will consist of wooden posts and
steel cable.
ANTICIPATED IMPACTS
The construction of the fence on the ocean side will severely impact and impair pedestrian and
vehicular traffic along the beach (north to south and vice versa). Although allowances are being proposed
to allow the passage of pedestrians through the fence, pedestrians will have to detour away from the wash
zone of the beach and walk up the beach face to the pedestrian gate. Non-emergency vehicle traffic will
have to detour around the fence through the village of Corolla and utilize the next beach access ramp
located approximately 1 mile south. Commercial fishermen fishing with haul seines and gill nets utilize
this area during the fall and winter fishing season and will have to avoid the immediate area of the
proposed fence. ` People swimming in the Ocean adjacent the proposed fence will have to stay clear of the
fence so as not to be injured on the structure.
The construction of the fence on the sound side will disturb productive, previously undisturbed
coastal wetlands.. Although the fence will allow the passage of fish and marine organisms up and down the
tidal creek, access by shallow-draft boat will be prohibited.
LAMA LUIP REVIEW
The CAMA Land Use Plan review and consistency determination is being undertaken by Stephen
Gabriel and will be forwarded as soon as possible under separate cover.
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name COUNTY OF CURRITUCK
Address POST OFFICE BOX 39
City
CURRITUCK State NC
Zip 27929

232-2075
Day phone( 919 )
Landowner or X Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address
THE PROPOSED FENCE WILL EXTEND APPROX.
20 YARDS INTO THE OCEAN AND SOUND
FROM THE MEAN LOW WATER MARK.
If you plan to build a marina, also complete and
attach Form DCM-MP-2. RECEWD
b. Is the proposed activity maintenance of an
existing project, new work, or both? 1 '93
NEW
DEC c. Will the project be for community, private, or gym-
commercial use?
COMMUNITY
d. Describe the planned use of the project.
THE INTENTION OF THE pr.ni?
CONTAIN WILD HORSES NORTH OF THE
VILLAGES AT OCEAN HILL FOR THEIR
PROTECTION.
4 LAND AND WATER
CHARACTERISTICS
STATE OF NORTH CAROLINA
c o JOHN TAGGART a'
ESTUARINE SANCTUARY COORDINATORb
7205 WRIGIITSVILLE AVE.
WILMINGTON, NC 27403 c.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NORTH BEACH ACCESS
b. City, town, community, or landmark
VILLAGES AT OCEAN HILL IN COROLLA
c. County CURRITUCK
d. Is proposed work within city limits or planning
jurisdiction?_ YES
e. Name of body of water nearest project
ATLANTIC OCEAN AND CURRITUCK SOUND
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home; motel, marina, bulkhead,
or pier).INSATLL AN OCEAN TO SOUND
FENCE INCORPORATING A WASH RACK
ACROSS THE ROAD _TO PREVENT THE WILD
HORSES FROM LEAVING THE NORHTERN
SECTION OF THE OUTER BANKS.
Size of entire tract 120.53
Size of individual lot(s) N /A
Elevation of tract above mean sea level of
National Geodetic Vertical Datum '
0' - ±20'
d. Soil type(s) and texture(s) of tract
SAND
e. Vegetation on tract TYPICAL DU
VEGETATION
f. Man-made features now on tract SECTION OF PAVED
W/ HATTERAS RAMP AND FEET OF FENCE.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R01 RESIDENTIAL OUTER BANKS
i. How are adjacent waters classified?
ESTUARINE ANt! OCEAN
j. Has a Of6fessional archaeological survey been
carried out for the tract? NO. If so, by whom?
3/91
5 UPLAND DEVELOPIIAENT
Complete this section if the project includes any land
development.
a. 't'ype and number of buildings, facilities, or
shucturesproposed FENCE AND WASH RACK
h. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) _N/A
d. Size of area to be graded or disturbed
LESS THAN ONE ACRE
c. 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? N/A
f. Ave Gthe percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used rot paved surfaces.
CONCRtTIR WASHftACK ttND GRAVEL A _
WEATHER BASE
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
Describe proposed sewage disposal and/or waste
water treatment,facilities.
N/A
m. Water supply source N/A _
n. if the project is oceanfront development, describe
the steps that will be taken to maintain estfibilshed
public beach accessways or provide he* access:
N/A
o. If the project Is on the oceanfront, what %011 be the
elevation above mean sea level of the first habitable
floor? N /A
6 P-XCAVAfiION AND FILL
INNAMAtiON
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7). NSA
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Have these facilities received state or local approval? Upland fill
YES areas
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, in6strial/commercial effluent, "wash
down"). N /A
b. Amount of material to be excavated front below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated incltide itidrshidfid,
swamps, of other wetlands? NSA
e. High ground excavation, in cubic yards
27 C11W" 'BARDS
3/91
Dimensions of spoil disposal area N/A
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N / A
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance? N/A
If so, where?
Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed b '0 Amean high
water?
1. Amount of fill in cubic yards N /A
m. Type of fill material N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? N /A
p. Dimensions of the wetland to be fi eed
NYA
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? PUMP TO WASH FENCE POSTS
s. Will wetlands be crossed in transporting equipment
to project site? YES If yes, explain steps that will
be taken to lessen environmental impacts.
NO
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
norm al water level N/A
c. Shoreline erosion during preceding 12 months, in
feet N / zt
d. Type of bulkhead material _N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type of fill material N/A
8 AbDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claitning to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rifle 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted.13lue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity. . aE0F1vED
DEC 1 '95
CCU
ear
3/91
Name Ocean Hill Properties
Address c/o James Ward) Secretary
4862 N. Croatan HWY
Kitty Hawkf NC 27949
Name United States of America
Address 684 knotto Island Road _
Knotts Islandi NC 27950
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
COUNTY OF CURRITUCK
PERMIT # 92-46
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.C.S. 113A-I to 10).
9 CthVICAtION ANN OOMIM N
td MO ON LANN
Any permit issued In response to this applicatlott *111
Allow only the development desctibed in the Opplication.
The project will be subject to conditions and fe§ttictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complle§ with the State of North Carolina's ap-
proved Coastal lvlanagetnent Program and wi11 be On-
ducted in a manner consistent with such program.
l further certify tha am authorized to g fit, and do in
fact, grant perm . ?on to representative§ o state attd
federal review a enci _"ter o the of tetnentlohed
lands in truth ctio t eva uati g into atioh totaled
to thls pe it lica i n and dp Monitoring of
project. r ?
This is lkte d'int-4!6J-"6ecWmVer , 199J .
X
Lando e-f o Authorized agent
3/91
}
OUTVR BANKS WILD HOMES
MANAGEMENT PROPOSAL,
Short 'T'erm
pECElVM
DEC 1 '93
ft
• Extend the existing fence barrier located at the Villages of
Ocean Hill and the Currituck Estuarine Reserve boundary into
Currituck Sound and the Atlantic Ocean. A vehicular cattle
guard and pedestrian access through the barrier would be
provided on the oceanside to ensure the movement of vehicles
and people utilizing the beach area. Such a barrier would
hopefully keep the wild horses north of the developments
where they could range freely.
• Develop a corral at the Whalehead Club in accordance with
the adopted Concept Plan. This world enable residents,
property owners and visitors to the area to observe the wild
horses as a part of the County's history.
• Jointly develop with all parties concerned a horse population
management strategy that will insure the genetic viability of
the northern and southern herds while protecting the federal
refuge and state reserve areas from horse population
proliferation and its potentially damaging effects.
• Currituck County would enter into an agreement with the Wild
Horse Fund to manage the herds. Should the Wild Horse Pttiid
dissolve, the County would be the agency responsible for the
well-being and protection of the horses.
Long Term
• Conduct an impact study on the feasibility of locating the
horses on the Cunituck Estuarine Reserve property vtith the
given understanding that the horses ate a significant culttital
resource of the State and worthy of preservation in their
natural environment. Depending the outcome of the
impact study, consider purchase through Wild Horse Fund
collections and federal and state grants additional property
on the Outer Banks for utilization as pasture. Additional
property could also be acquired on the Currituck mainland to
ensure genetic diversity of the horse population.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director

TEC.EIVED
October 25, 1993
Bit 1 '93
orl*
MEMORANDUM
TO: Bill Richardson, Currituck County Manager
FROM: Michael Lopazanski jr
SUBJECT: Information for Temporary Barrier
Enclosed is the information from the Smith-Carolina Co. regarding cattle guards as
promised by Roger Schecter. Also enclosed is an estimate for extending the existing
fence south of the Reserve boundary. I have been told that Dr. Bob Mowery at NC
State [phone] (Horse Extension Specialist) would be helpful in designing a
fence through which pedestrians may pass but not horses. His name was given to
me by Dr. Tom McGinn at NC Dept. of Agriculture. Please let me know if t you
need any additional information.
cc: Roger Schecter
Rich Shaw
P.O. Box 27687, Weigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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T TEL NO: 013113) 733-14135 058 P01
JAN-21-1134 FRI 15:38 ID:DIU OF COASTAL r`1Ghf
t M?ANAG?1 `o
DIVISION OF COAS?'At a
FIELD INVES IGA`'tON RIEPORT 1 1,,0
1. APPLICANT'S NAME: County of Currituck
2. LOCATION OF PROJECT SITE: North Beach Access Ramp, at property line of Currituck
Estuarine Reserve and Villages of Ocean Hill, Currituck County, Atlantic Ocean, Currituck Sound.
Photo Index - 1989: Ocean-side: 40-24: R-10, S-10 1984: Ocean-side: 135-610: P-16, Q-16
Sound-side: 40-24: 1-16 Sound-side: 135-630: U-22
State Plane Coordinates - X: 2933600 Y: 977000
3. INVESTIGATION TYPE: LAMA
4. INVESTIGATIVE PROCEDURE: Dates of Sit
Was Applic
5, PROCESSING PROCEDURE: Application Rec
Office - Elizabe
Poet-its" brand fax transmittal memo 7M # of pages ? l
TO IkIl
from
r ,
Co.
F - ?C
cam.
OOPt• Phone # 7,3 S
Fax# XT3- i? F40Kw 733 - /
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation
(13) AEC(s) Involved: Ocean Hazard, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands,
Public Trust Area
(C) Water Dependent: No
(D) Intended Use: Horse fence
(E) Wastewater Treatment: Existing - N/A Planned - N/A
(F) 'T'ype of Structures: Existing - Post and rail fence, beach access ramp
Planned - Extension of existing fence with wooden posts and cable
(G) Estimated Annual Rate of Erosion: Ocean - 6 ft/yr
Source - NC Division of Coastal Management Erosion Rate Maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
(A) Vegetated Wetlands Approximately
(Soundside) 20 square feet
(B) f4on-Vegetated Wetlands Approximately
(Oceanside) 10 square feet
(C) Other Approximately
(Oceanside above MLW) 500 square feet
(D) Total Area Disturbed: 1680 square feet (.04 acres)
(E) Primary Nursery Area, No
(F) Water Classification: Ocean: SR Open: No
Sound: SC
8. PROJECT SUMMARY: Currituck County proposes to extend an existing east - west post and rail
fence located just south of the Currituck Estuarine Reserve Property Into the Atlantic Ocean and into
the Currituck Sound. The fence extension is proposed to restrict the Currituck tanks wild horse herd
to that area north of the fence line.
TAN-21-'94 FRI 15:41 ID:DIU OF COASTAL NGNNT TEL NO:C915) 733-1495 9059 Pb1
s
DWISION OF COASTAL MANAG VA49N '
FIELD INVESTIGATION PtEP6ftT
1. APPLICANT'S NAME: County of Currituck
2. LOCATION OF PROJECT SITE: North Beach Access Ramp, at property line of Currituck
Estuarine Reserve and Villages of Ocean Hill, Currituck County, Atlantic Ocean, Currituck Bound.
Photo Index - 1989: Ocean-side: 40-24: R-10, S-10 1984: Ocean-side: 135-610: P46, Q-16
Sound-side: 40-24: 1-16 Sound-side: 135.630: U-22
State Plane Coordinates - X: 2933600 Y: 977000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Sit
Was Applic
5. PROCESSING PROCEDURE: Application Rec
Office - Elizabe
Post-It'" brand tax transmittal memo 7671 a or Pa9ea ' /.S
T,
M
m 4
Co.
Dept. o.,e k X33 - ?z 9
Fax 0 -133 w 1_33 9 Fax N 733 - /Z
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Ocean Hazard, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands,
Public Trust Area
(C) Water Dependent: No
(D) Intended Use: Norse fence
(E) Wastewater Treatment: Existing - N/A Planned - NIA
(F) Type of Structures: Existing - Post and rail fence, beach access ramp
Planned - Extension of existing fence with wooden posts and cable
(G) Estimated Annual Rate of Erosion: Ocean - 6 ft/yr
Source - NC Division of Coastal Management Erosion irate Maps ,n11 \ J
7. HABITAT DESCRIPTION: [AREA] a?
DREDGED EIL=
(A) Vegetated Wetlands Approximately
(Soundside) 20 square feet
(B) Non-Vegetated Wetlands Approximately
(Oceanside) 10 square feet
(C) Other Approximately
(Oceanside above MLW) 500 square feet
(D) Total Area Disturbed: 1680 square feet (.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: Ocean: SB Open, No
Sound: SC
8. PROJECT SUMMARY: Currituck County proposes to extend an existing east - rarest post ahd rail
fence located just south of the Currituck Estuarine Reserve Property into the Atlantic Ocean and into
the Currituck Sound. The fence extension is proposed to restrict the Currituck banks wild horse herd
to that area north of the fence line.
TAN-21-194 FRI 15:42 ID:DIU UF. COASTAL MGMNT TEL NU: 0919) 733-149J t#ubli H02 -`
Currituck County
Bio Report
Page 2
SETTING
The Currituck Outer Banks has experienced tremendous growth and development over the past 10 to
15 years. Much of the previously undeveloped, natural barrier island now hr:s paved roads, houses,
beautiful landscaped lawns and people. The wild horses which have freely roamed the Currituck Outer
Banks for years, grazing on what little edible vegetation existed, now find ample amounts of thick, lush
green lawns on which to graze. While providing the wild horses with lush grazing pastures, these very
developments now threaten the existence of the wild horses. Many of the wild horses have been struck by
automobiles killing (14 horses killed to date) or injuring the horses, not to mention causing tremendous
damage to the automobiles involved.
In 1990, concern over the safety, protection and continuation of the wild horses, the Corolla Wild
Horse Fund constructed a wooden, post and rail fence just south oi' the Currituck Estuarine Reserve on
property of The Villages at Ocean Hill. The wooden fence ran east to west across the barrier island, but
stopped short of the Currituck Sound or the beach adjacent the Atlantic Ocean, The wild horse hefd was
moved north of the fence but quickly learned how to get around the fence and back to the lawns they graze
upon.
Recent discussions with the Corolla Wild Horse Fund, Currituck County, and State and Federal
officials have centered around coralling the horses on public or private lands. State and Federal public
lands carry restrictions which may prohibit the placeinent of horses upon them. Failing to locate adequate
private land, Currituck County and the Corolla Wild Norse Fund C'°sire to extend the existing wooden
fence into the Atlantic Ocean and into the Currituck Sound. The wild horses located south of the fence
(approximately 23 horses) would then be moved north of the fence and be free to move from the fence all
the way to the Virginia State Line. In conjunction with this, a viewing corral is proposed on the
Whalehead Hunt Club property now owned by Currituck County. The proposed corral would be large
enough to hold 4 to 8 horses which would be rotated with the free-roaming herd north of the proposed
fence.
The existing wooden, post and rail fence runs from the north beach access road west toward the
Currituck Sound, stopping short of, the Sound, at the property of the US Fish and Wildlife Service. The
fence transects several different plant and animal communities. The biota of the ocean end of the fence is
characterized by the presence of widely scattered, low-profile dunes with sparse salt-tolerant vegetation.
No continual dune line exists. The area is located on the southern end of a large ocean overwash area on
the Currituck Outer 13anks. The biota on the Sound end of the fence exhibits a typical gradation from
freshwater wetlands into tidal, brackish wetlands. A sixty-foot wide coastal marsh begins coincidental with
the property of the US Fish and Wildlife Service Property. The marsh is dominated by black needlerush
(Jun tl roerneriantts) and salt reed grass (Spartlna cynosuroides). A small tidal creek meanders into the
marsh separating the shoreline marsh from a large peninsula of coastal marsh which extends several
hundred feet into Currituck Sound in a northwest direction. The tidal creek contains submerged aquatic
vegetation consisting of widgeon grass and milfoil.
JAN-21-194 FR I 15:42 I D: D I V OF COASTAL MGMNT TEL NO: (919) 33-1495 #oJy P031
Currituck County
Bio Report
Page 3
PM ENT
Currituck County in concert with the Corolla Wild Horse Fund is seeking authorizatioh which would
allow them to extend the existing wooden fence into the Cutrituck Sound and into the Atlantic Ocftd.
From its existing location the fence is proposed to be located on the south side of the North fkeach Access
Road within the right-of-way casement of the road. A cattle-guard grate-type structure is pfooot6d to be
installed in the 1 Torth Beach Access Road to prevent the horses from moving south down the t bAd. The
proposed grate would allow the passage of vehicles across it. The fence is proposed to extend across the
beach face into the Atlantic Ocean stopping 20 yards below mean low water. To accomodatd pedestrian
traffic along the beach, a pedestrian gate is planned on the upper beach area of the fence. An emergency
vehicle gate is proposed along the reach section of the fence. Non-emergency vehicles traveling Korth or
south along the beach would have to detour around the fence utilizing other vehicle ramps In Cot-611a. On
the western side of the barrier island, the application indicates that the fence is proposed to extend 20 yards
below mean low water into Currituck Sound. However, during an onsite meeting on December 8, 1993,
the applicant indicated that the fence would extend across the sixty-foot wide coastal marsh along the
shoreline, extend approximately 50 feet across the tidal creels and continue into the coastal wetland
peninsula approximately 40 feet.
The fence extension both on the ocean side and on the sound side will consist of wooden posts and
steel cable.
AN'T'ICIPA'T'ED IMPACTS
The construction of the fence on the ocean side will severely impact and impair pedestrian and
vehicular traffic along the beach (north to south and vice versa). Although allowances are being proposed
to allow the passage of pedestrians through the fence, pedestrians will have to detour away from the wash
zone of the beach and walls tip the beach face to the pedestrian gate. Non-emergency vehicle traffic will
have to detour Ifound the fence through the village of Corolla and utilize the next beach access ramp
located approximately 1 mile south. Commercial fishermen fishing with haul seines and gill nets utilize
this area during ;the fall and winter fishing season and will have to avoid the immediate area of the
proposed fence.. People swimming in the Ocean adjacent the proposed fence will have to stay clear of the
fence so as not to be injured on the structure.
The construction of the fence on the sound side will disturb productive, previously undisturbed
coastal wetlands. Although the fence will allow the passage of fish and marine organisms up and down the
tidal creek, access by shallow-draft boat will be prohibited.
EW
The CAMA Land Use Plan review and consistency determination is being undertaken by Stephen
Gabriel and will be forwarded as soon as possible under separate cover.
a ;.
r.
JAN-21-'94 FRI 15:43 ID:DIU OF COASTAL NGNNT TEL NO:C919) 733-1495 #059 P04
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and storm water con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8.9
must be completed for 91l projects.
1 APPLICANT
a Name COUNTY OF CURRITUCK
Address POST OFFICE BOX 39
City CURRYTLICK State
NC
Zip 27929 Day phonc(91 9) 232-2075
Landowner or X Authorized agent
b. Project name (if any)
THE PROPOSED PENCE WILL E'XTEkb APPROX.
20 Rb
FROM THE MEAN LOW WATER NARk.
If you plan to build a marina, also complete and
attach Form DCM-MP-2, RECEIVE4
b. Is the proposed activity maintenance of 9n
existing project, new work, or both? Die 1 '93
NEW
c. Will the project be for community, private, or LX4A
commercial use?
CONJMUNTTY
d. Describe the planned use of the project.
THE-INTENTION OF T1 4F PLAN IS To
CONTAIN WILD HORSES NORTH !2F THE
VILLAGES-AT OCEAN HILL POR THEIR
PROTECTIOtV.
4 LAND AND WATER
c. If the applicant is not the landowner, also give the CHAAA&P-RUSTICS
owner's name and address.
STATR OF NORTH CAROLINA
c p JOHN TAGGART _ a.
]ESTUARINE SANCTUARY COORDINATORb
7205 .WRIGIITSVILLE AVE.
WILMINGTON, NC 27403 c.
2 LOCATION OF PROPOSED
PROJECT
Size of entire tract
120.53 I'
Size of individual lot(s)
Elevation of tract above mean sea level of
National Geodetic Vertical Datum '
o' - ±20'
d. Soil type(s) and texture(s) of tract
SAND
a. Street address or secondary road number
____ OATH BEACH ACCESS e. Vegctationan tract TYPICAL DUNE
VEGETATION____
b. City, town, 'community, or landmark
VILLAGES AT OCEAN HILL IN COROLLA f. Man-made features now on tract SECTION OF PAVED
W/ HATTERAS RAMP AND FEET OF FENCE.
c. County RRT UCK g. What is the CAMA Land Use Plan CWtification of
the site? (Consult the local land use' plait.)
d. Is proposed work within city limits or panning
jurisdiction? YES , X _ Cohseivadon Transitional
e. Name of body of water nearest project Developed Community
ATLANTIC OCEAN AND CURRITUCK SOUND Rural Other
3 nEscAlPfIoN ANb PLANNLD USE
OP PA0130SLb Pd^JECT
a. Describe all'deyelopment activities you propose (for
example, building a home, motel, marina, bulkhead.
or pier)._JN.S4TLL AN OQtAN TO SOUND
EENCE j C RpORATING A WASH RACK
ACROSS THE ROAD TO PREVENT THE WILD
HORSES FROM LEAVING THE NORHTERN
SECTION OF THE OUTER BANKS.
3/91 '
h. How is the tract zoned by local government?
RO1: RESIDENTIAL OUTER BANKS
1. How are adjacent waters classified?
ESTUARINE AND OCEAN
J. Has a professional archaeological survey been
carried out for the tract? NQ If so. by whom?
1
JAN-21-'94 FRI 15:44 IU:DIV OF COASTAL MGMNT TEL NO:(919) 7JJ-1495
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. 'type and tromber of buildings, facilities, or
sttucitiresproposed FENCIir AND WASH _P_".
h. Number of lots or parcels >d A _ _
C. Densily (Give the number of residential units and the
units per acre.) _ - -- --- -
d. Size of area to be graded or disturbed
LESS THAN ONE ACRE
e.,. it the proposed project will disturb more than one
acre of lend, the Division of Land Resources must
receive all 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? _ N/A
i
f. Give the percentage of tile- tract within 75 feet of
mean high water to be covered by impermeable
surfaces. such As pavement. buildin s, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
coN?g?fASH3tACK 1?Ni},
?(E
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
_
Management? _ N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j, Have these facilities received state or local approval?
YES
k. Describe existing treatment facilities.
NI A
--
1. Describe location and type of discharges to waters of
the state (rot e);ample, surface runoff, sanitary
wgstewater, indostrial/commercial effluent. "wash
down")- _ 14-LA -
#059 P05

m. Water supply source
N/A
n. if the project is oceanfront development, describe
the steps Utat will be taken to maintain i 9t9btIg1red
public bcdch aceessways or provide near 9cce5a.
N JA
o. if the project is on the oceanfront, what *111 be the
elevation above mean sea level of the first habitable
floor? - N/A
6 t XCAVAtION ANU i~ILL
INPORMAtION
a- Describe below the pit"se of proposed txctiv9tion
or rill activities (excluding bulkheads, which rte
covered in Section 7)- N /A
Length Width Depth
Access channel
(MLW) or (NwL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed In
wetland or below
MHW
Upland fill
areas
b. Amount of m9terial to be excavOte froth below
Water level itt cubic y9tds Ni A
c. Type of material N,/A
d. boes the Oda to be excavated include Mhtshtdhd.
swamps, or other *etiands? t4 /A
e. 141gh ground excavation, in cub
'I Conte arils YARDS
3191
2
TAN-21-194 FRI 15:45 ID:DIV OF COASTAL M6MNT TEL NO: C919) 7JJ-1495 4059 POG
f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in
N/A feet Nth
g. Location of spoil disposal area N/A
h. Do you claim titic to the disposal area? NLA
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N A
If so, whcrc?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed b N ?Amean high
water?
1. Amount of fill in cubic yards N/A
in. Type of fill material NSA
n. Source of fill material NIA
;.
o. Will fill material be placed on maFsh or other
wetlands? N/A
p. Dimensions of the wetland robe fi e
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type of fill material NIA
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be Submitted:
A cope of the deed (with state application only) or other
increment under which the applicant claims title to the
affected property. If the applicant Is not claitning to be
the owner of said property, then forward a copy of the
decd or other instrument under which the owner claims
title, plus written permission froth the owner to carry out
the project.
An accurath work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on en 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed descrjptloh.)
How will excavated or fill material be kept on site
and erosion controlled?
NIA
r. What type of constmction equipment will be used
(for example, draglinc, backhoe, or hydraulic
dredge)?PUMP TO WA,Sf _ .EEUV-E PogTq
s. Will wetlands be crossed in transporting equipment
to project site? yy,,&- If yes, explain steps that will
be taken to lessen environmental impacts-
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
normal water level NIA
Please note that original drawings are prefetied and
only high quality copies will be accepted- 131tie-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like-
A stormrvater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (rlparlan) lahdowheirs. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity. . Rr,-CE.wF-D
DEC 1 ,43
?"
3/91 ,
TAN-21-194 FRI 15:45 ID:DIU OF COASTAL NGHNT TEL NO:C1311J) 72,3-141J5
Nnme ocean Hill properties -
Address c/o James Wgrcit secretary
?486? ?CroaEan HWY
Kitty Hawks NC 27949
Name _sln i led 5 t:a Leg of Amet ] a_ .-._
Address 684 h.u 5 1a ?3 d _?..
_KrtotIsle?hdr NC 27950
t
Name --
Address ?- _ -- _ .--
A fist of previous state ot- federnt permits issued for
work on the pmjcct tract, include permit numbers,
permittec, and Issuing dates.
COUt4?rY OF CURIZITUCK
PERMIT # 92-46
A check I-or 056 made payable to the Department of
Environment , stealth, and Natural Resources to cover
the costs of processing the application.
A signed AFC haz>ird notice for projects In oceanfront
and inlet areas.
A statement dti the use of public hinds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compli9nee with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
#u5y HUY
g t3EWIFICAtION ANb POM19910N
TO WHEA d1I LAW
,':-i. ~ermit igcU In teSpoi,Se iv thi> sppllcatloh will
V_
allow only the development described in the itpplic9tion.
The project will be subject to conditiohs ahd ttstrtclions
contained In the permit.
1 certify that to the best of my knowledge, the pmoosed
activity complies with the State of North CAlra fine's ap-
proved Coastal Management Program and dvtlt be eoh-
ducted to a mannet consistent with Such ptti&tltri.
authorized tog iii, diid do in
1 further certify th
_rni
feCt, grunt pef m . oh to reptesentatlvtt ti State Ahd
til!hilohed
federal review- enc t ter o L
lands in ctsitn ctio t a'veuatl idtf t?tnied
to this pc it b lica i n and ltoiing of
project. This Is e 6ec m , 1993 .
X _
Lando i i Authorized agent
4 3/91
JAN-21-194 FRI 15: 46 ID:DIU OF COASTHL HGMHT TEL NO: C'315) -14yJ #JtDy H08
OUTER BANKS WILD 110USIRS AEc1=lv?o
MANAGEMENT PROPOSAL
DEC 1 '93
'
' prate.*
ean
d
Short
• Extend the existing fence barrier located at the Villages of
ocean Hill and the Currituck Estudrine Reserve boundary into
Currituck Sound and the Atlantic Ocean, A vehicular cattle
guard and pedestrian access through the barrier world be
provided on the oceanside to ensure the movement of vehicles
and people utilizing the beach area. Suc h a barrier would
hopefully keep the wild horses north of the developments
where they could range freely.
• Develop a corral at the Whalehead Club in accordance with
the adopted Concept Plan. This would enable residents,
property owners and visitors to the area to observe the wild
horses as a part of the County's history.
• Jointly develop with all parties concerned a horse population
maaagemcnt strategy that will insure the genetic viability of
the northern and southern herds while ptotectiog the federal
refuge and state reserve areas from horse population
proliferation and its potentially damaglog effects.
• Currltuck County would enter into an Agreement with the Wild
:Horse Fund to manage the herds. Should the Wild Morse Vuhd
dissolve, the County would be the agency responsible for the
well-being and protection of the horses.
Long Term
• Conduct an impact study on the feasibility of locating the
horses on the Currituck Estuarine Reserve property with the
given understanding that the hotseg aid a significant cultural
resource of the State and worthy of ptmty tlon in their
natural environment. Depending the otticotne of thst
impact study, consider purchdse through Wild horse Futid
collections and federal and 5tdte 9tattts additional ptopetty
on the auto banks for utiliiatibo a9 pdattiic. Additititial
property could also be acquired ott the Cutrtituck mainland to
ensure genetic diversity of the horse population.

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JAN-21-194 FRI 16:10 ID:DIV OF COASTAL MGMNT TEL NO:C919) 733-14,35 9060 N01
To: John Dorney
Planning Branch
Post-It" brand tax transmittal memo 7671 x or Pages ?
To
a From ?-

Dept. Phone # 3
F
L_ 7 3.3 - ax # /

/
Fax # 7,33
• DIVISION OF 11V1_---
GAHA/G019 PERMIT APPLICATION REIVIEW
WaRO YROJSCT # 9 3 "o/l / ?_ -- wQ SUPE?r SM: • , TEUMJ?E
?/ / 7
REYILQWU z SAWYn DATE.
WMAND INFORMATION FOR CENTRAL OFFICE TRACYIN6
PERMIT YRs 92 P? T NO.: COUNTY:
PROJECT NAMSt 60,? 04 w.o 1? g
^
PROJECT TYPE: PER)aT TYPE: dcw?C
COE #: DOT 02
RCD FROM CDA: DATE FROM CDA: _3
M OFFICE: wJ0 IN 0: IA4s
STREAH OR ADJ CENT WATER BODYjrAN?)SUB G'_"j
CLASSs S 13 s&__ STREAM INDEX f: g y_ 7
OPEN OR CLOYS t
WL IMtPACTt y WL TYPE:
WL REQUESTED: 2O WL ACR ISTs
HYDRO C 1RCT? s till. SCORE:
NMGATION t MITIGATION TYPE:
MITIGATION SIZE: --3tA G SIFT ATTA®7
RBC **9Z IDATION: IS ISSUE/CONED DENY BOLD
STORMWATER Pt UN REQ'D_ IF YES, DATE APP VED:
PROJECT DESCRIPTION: 6?!?t Q ?--
WATER QUALITY CHRT. (401)
CERT. REQ'D:
IF YES, TYPE: - '
SWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: 14l4"
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATERNEPLAND FILL "%-
AREA OF FILL: WATER : 1 D }Ll- WETLAND: o? q
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: /4 D.--to
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OIL
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSALz MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CCz Walla; Central Files; Vft ield offices; CUE Washington Office
JHN-21-194 FRI 16:10 ID:DIU OF CORSTAL NGNNT TEL NO:05151 733-1455 4060 P02 --
DIVISION OF XNVIRONMENTU MANAGEMENNT
MOORANDUM
+ T0: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
J
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for StorfWater Review
.a d /1 . t l
Project: '
Project No.s
Date Receive
F;na-t Data Comment,
Description of Projects
:Sege_ Ae?
comments:
!i
s
DIVISION OF COASTAL MANAGEWNT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: County of Currituck
2. LOCATION OF PROJECT SITE: North Beach Access Ramp, at property line of Currituck
Estuarine Reserve and Villages of Ocean Hill, Currituck County, Atlantic Ocean, Currituck Sound.
Photo Index - 1989: Ocean-side: 40-24: R-10, S-10 1984: Ocean-side: 135-630: P-16, Q-16
Sound-side: 40-24: I-16 Sound-side: 135-630: G-22
State Plane Coordinates - X: 2933600 Y: 977000
3. INVESTIGATION TYPE: CAMA-
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -December 8, 1993 JAN _ 3 199
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - December 1, 1993 WETLANDS GROUP
Office -Elizabeth City WATER QUALITY, SECTION
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Ocean Hazard, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands,
Public Trust Area
(C) Water Dependent: No
(D) Intended Use: Horse fence
(E) Wastewater Treatment: Existing - N/A Planned - N/A
(F) Type of Structures: Existing Post and rail fence, beach access ramp
Planned - Extension of existing fence with wooden posts and cable
(G) Estimated Annual Rate of Erosion: Ocean - 6 ft/yr
Source - NC Division of Coastal Management Erosion Rate Maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands Approximately
(Soundside) 20 square feet
(B) Non-Vegetated Wetlands Approximately
(Oceanside) 10 square feet
(C) Other Approximately
(Oceanside above MLW) 500 square feet
(D) Total Area Disturbed: 1680 square feet (.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: Ocean: SB Open: No
Sound: SC
8. PROJECT SUMMARY: Currituck County. proposes to extend an existing east - west post and rail
fence located just south of the Currituck Estuarine Reserve Property into the Atlantic Ocean and into
the Currituck Sound. The fence extension is proposed to restrict the Currituck Banks wild horse herd
to that area north of the fence line.
I
Awk County
Bio Report
Page 2
SETTING
The Currituck Outer Banks has experienced tremendous growth and development over the past 10 to
15 years. Much of the previously undeveloped, natural barrier island now has paved roads, houses,
beautiful landscaped lawns and people. The wild horses which have freely roamed the Currituck Outer
Banks for years, grazing on what little edible vegetation existed, now find ample amounts of thick, lush
green lawns on which to graze. While providing the wild horses with lush grazing pastures, these very
developments now threaten the existence of the wild horses. Many of the wild horses have been struck by
automobiles killing (14 horses killed to date) or injuring the horses, not to mention causing tremendous
damage to the automobiles involved.
In 1990, concern over the safety, protection and continuation of the wild horses, the Corolla Wild
Horse Fund constructed a wooden, post and rail fence just south of the Currituck Estuarine Reserve on
property of The Villages at Ocean Hill. The wooden fence ran east to west across the barrier island, but
stopped short of the Currituck Sound or the beach adjacent the Atlantic Ocean. The wild horse herd was
moved north of the fence but quickly learned how to get around the fence and back to the lawns they graze
upon.
Recent discussions with the Corolla Wild Horse Fund, Currituck County, and State and Federal
Officials have centered around coralling the horses on public or private lands. State and Federal public
lands carry restrictions which may prohibit the placernent of horses upon them. Failing to locate adequate
private land, Currituck County and the Corolla Wild Horse Fund desire to extend the existing wooden
fence into the Atlantic Ocean and into the Currituck Sound. The wild horses located south of the fence
(approximately 23 horses) would then be moved north of the fence and be free to move from the fence all
the way to the Virginia State Line. In conjunction with this, a viewing corral is proposed on the
Whalehead Hunt Club property now owned by Currituck County. The proposed corral would be large
enough to hold 4 to 8 horses which would be rotated with the free-roaming herd north of the proposed
fence.
The existing wooden, post and rail fence runs from the north beach access road west toward the
Currituck Sound, stopping short of the Sound, at the property of the US Fish and Wildlife Service. The
fence transects several different plant and animal communities. The biota of the ocean end of the fence is
characterized by the presence of widely scattered, low-profile dunes with sparse salt-tolerant vegetation.
No continual dune line exists. The area is located on the southern end of a large ocean overwash area on
the Currituck Outer Banks. The biota on the Sound end of the fence exhibits a typical gradation from
freshwater wetlands into tidal, brackish wetlands. A sixty-foot wide coastal rnarsh begins coincidental with
the property of the US Fish and Wildlife Service Property. The marsh is dominated by black needlerush
(Juncus roemerianus) and salt reed grass (Spartina cynosuroides). A small tidal creek meanders into the
marsh separating the shoreline marsh from a large peninsula of coastal marsh which extends several
hundred feet into Currituck Sound in a northwest direction. The tidal creek contains submerged aquatic
vegetation consisting of widgeon grass and milfoil.
ARck Coun y '.'k'
Bio Report
Page 3
PROPOSED DEVELOPMENT
Currituck County in concert with the Corolla Wild Horse Fund is seeking authorization which would
allow them to extend the existing wooden fence into the Currituck Sound and into the Atlantic Ocean.
From its existing location the fence is proposed to be located on the south side of the North Beach Access
Road within the. right-of-way easement. of the road. A cattle-guard grate-type structure is proposed to be
installed in the North Beach Access Road to prevent the horses from moving south down the road. The
proposed grate would allow the passage of vehicles across it. The fence is proposed to extend across the
beach face into the Atlantic Ocean stopping 20 yards below mean low water. To accomodate pedestrian
traffic along the beach; a pedestrian gate is planned on the upper beach area of the fence. An emergency
vehicle gate is proposed along the beach section of the fence. Non-emergency vehicles traveling north or
south along the beach would have to detour around the fence utilizing other vehicle ramps in Corolla. On
the western side of the barrier island, the application indicates that the fence is proposed to extend 20 yards
below mean low water into Currituck Sound. However, during an onsite meeting on December 8, 1993,
the applicant indicated that the fence would extend across the sixty-foot wide coastal marsh along the
shoreline, extend approximately 50 feet across the tidal creek and continue into the coastal wetland
peninsula approximately 40 feet.
The fence extension both on the ocean side and on the sound side will consist of wooden posts and
steel cable.
ANTICIPATED IMPACTS
The construction of tile. fence on the ocean side will severely impact and impair pedestrian and
vehicular traffic along the beach (north to south and vice versa). Although allowances are being proposed
to allow the passage of pedestrians through the fence, pedestrians will have to detour away from the wash
zone of the beach and walk tip the beach face to the pedestrian gate. Non-emergency vehicle traffic will
have to detour around the fence through the village of Corolla and utilize the next beach access ramp
located approximately 1 mile south. Commercial fishermen fishing with haul seines and gill nets utilize
this area during the fall and winter fishing season and will have to avoid the immediate area of the
proposed fence. People swimming in the Ocean adjacent the proposed fence will have to stay clear of the
fence so as not to be injured on the structure.
The construction of the fence on the sound side will disturb productive, previously undisturbed
coastal wetlands. Although the fence will allow the passage of fish and marine organisms up and down the
tidal creek, access by shallow-draft boat will be prohibited.
CAMA LUP REVIEW
The CAMA Land Use Plan review and consistency determination is being undertaken by Stephen
Gabriel and will be forwarded as soon as possible under separate cover.