19990522 Ver 1_COMPLETE FILE_19990524

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1 ILT?WAA
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 1, 1999
Dare County
DWQ Project # 990522
APPROVAL of 401 Water Quality Certification
Ray Hollowell
PO Box 1411
Manteo, NC 27954
Dear Mr. Hollowell:
You have our approval, in accordance with the attached conditions, to place fill material in 0.10 acres of wetlands or
waters for the purpose of bulkhead backfill, as you described in your application dated May 24, 1999. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number 3102. This .
Certification allows you to use Nationwide Permit Number 13 when the Corps of Engineers issues it. 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, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or 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 and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
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 which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. 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 John Dorney at 919-733-1786.
cerely,
tevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
George Wood, Environmental Professionals 990522.1tr

Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Arm V?011r"
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT ft
N.W.P. 13
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT.
1. OWNER'S NAME: Ray Hollowell
2. MAILING ADDRESS: P.O. Box 1411
CITY: Manteo
SUBDIVISION NAME:
Kinnakeet Shores
STATE: N.C ZIP CODE: 27954
PROJECT LOCATION, ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Kinnakeet Shores subdivision, Phase 15
3. TELEPHONENUMBER (HOME):
WORK:
252-473-3312
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: George H Wood, CEP, PWS 252-441-0239
Environmental Professionals, Inc.
PO Box 3368
Kill Devil Hills NC 27948
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OF
AERIAL PHOTOGRAPHY WITH SCALE:
COUNTY: Dare NEAREST TOWN OR CITY Avon
LANDMARKS, ETC.):
USGS Buxton Quad.
Lat. - 35° 21'00"
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS
Highway 12 So. to Avon Right on Kinnakeet Blvd. (Project on right)
- 75° 30'30"
6. IMPACTED OR NEAREST STREAM/RIVER: Pamlico Sound
RIVER BASIN: Pasquotank --
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR
WS-II)? YES ? NO ® IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO
7c. IF THE PROJECT-IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Limited Transition
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDING PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE:
YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
468 Acres in total site
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 9.26 Acre
(Phase 15)
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: .1 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 1
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFER RELOCATION):
LENGTH BEFORE: FT AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: _
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 '/2 " X 11" DRAWINGS ONLY):
To backfill 1406' of existing bulkhead,-Dumptruck & loader will be used
13. PURPOSE OF PROPOSED WORK: To backfill 1406' of existing bulkhead
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
The shoreline has naturalized behind the bulkhead of the man made pond since the bulkhead had been placed years
ago Because the majority of the shoreline/wetlands is not bulkheaded there will be minimal impacts to this site by
FT
FT
FT
2'
only back filling 1406' of existing bulkhead. The perimeter of the pond is 7,914 feet.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT.
DATE CONTACTED: 5/17/99 (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: 5/14/99
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES ? NO ® (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES ? NO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATTION STATE CLEARINGHOUSE?
YES ? NO
.IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING STATE
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED
TO Ms. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003,
TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON
THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE
MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR
THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IN REQUIRED.
e. WHAT IS THE LAND USE OF SURROUNDING PROPERTY?
Residential/Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
On site septic
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATER OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
I (a? az'??
O / E S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.))
DATE
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SHEET NO. 20
SOIL SURVEY OF DARE' COUNTY, NORTH CAROLINA

DATA FORM Environmental professionals, Inc.
ROUTINE WETLAND DETERMINATION PO Box 3368
(1987 COE Wetlands delineation Manual) Kill Devil Hills, NC 27948
Project/Site: K,A Shows - ?? -ABM Date:
Applicant/Owner: Ave 14 County: jDz,- -
Investi or' jp s ?th State: ti? C .
Do Normal Circumstances exist on the site? ( Yes Q No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes RNo Transect ID:
Is the area a potential Problem Area? ? Yes ,S No Plot ID:
If needed, a lain on reverse.
VP FTATTnN
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. 9•
2. Cevi w? 5 0. ?. 4 10.
3.f. e h dyo
Ire
Owl
11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-). >6_':A
Remarks: W
AY1nR(11',[1CY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Q Stream,. Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs Q Inundated
[?] Other ,Saturated in Upper 12 Inches
ff No Recorded Data Available ,Water Marks
Drift. Lines
Field Observations: ? Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water : (in.) Secondary Indicators (2 or more required):
Oxidized. Root Channels in,Upper.12 Inches
Depth to Free Water in Pit: fl (in.) Water-Stained Leaves.
Local Soil Survey.Data
Depth to Saturated Soil: (in.) FAC-Neutral Test
Other (Explain in Remarks
Remarks:
cnrr.c .
Map Unit Name O
Wask_:s 011111PaQk-v A-.,-
"
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): ?e s Confirm Ma d Type Yes No
Profile Description
Depth- Matrix Color Mottle Colors Mottle Textures, Concretions,
vnche Horizon Mun ell Moist Munsell Moist Abund ce/Contr t Structure etc.

V

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon
? Sulfidic Odor ? High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
? Aquic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors Listed on Local Hydric Soils List
Listed on National Hydric Soils List
? Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present Yes No
Wetland Hydrology Present? Yes ? No
H dric Soils Present? Yes No Is this Sampling Point within a Wetland? 12 Yes No
Remarks: W e ) - a--
Approved by
DATA-FORM Environmental Professionals, Inc.
ROUTINE 'WETLAND DETERMINATION PO Box 3368
(1987 COE Wetlands delineation Manual) Kill Devil Hills, NC 27948
Prof .ct/Site:/{,;n Date: s///IVY
cant/Owner: ?ay,?G?. County:
Is--?
Appli
Investi or: State: /vac.
Do Normal Circumstances exist on the, -site? Yes ? No Community ID:
Ts the site significantly disturbed (Atypical Situation)? ( Yes No Transect ID:
Is the area a potential Problem Area? [ Yes No Plot ID:
If needed, a lain on reverse.
VEGETATinN
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
0 9.

3.6(r' / L m 11.
a 12.
5. " 13.
6. " 14.
7.-1 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
,(excluding FAC-). S 0 io
Remarks:
AYDRninCY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
n Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated
? Other ? Saturated in Upper 12 Inches
[?rNo Recorded Data Available ? Water Marks
? Drift Lines
Field Observations: ? Sediment Deposits
[] Drainage Patterns in Wetlands
Depth of Surface Water Secondary Indicators (2 or more required):

i
i
i ? Oxidized Root Channels. in'Upper 12 Inches
i
L
? W
d
n.)
n P
t. (
Depth to Free Water eaves
ater : Sta
ne
:
? Local Soil Survey Data
Depth to Saturated Soil: (in.) ? FAC-Neutral Test
Other Ex lain in Remarks
Remarks: A) c? ?.-
rnrr c
Map Unit Name f .??s' sFFr.
(Series and Phase): Drainage Class:
Field Observations
Taxonorn Sub r ou : Confirni Mapped Type Yes No
Profile Desertion
Deptb_ Matrix. Color Mottle Colors
Mottle Textures, Concretions,
inche Horizon Mun ell Moist Munsell Moist Abund ce/Contr t Structure etc.
v

Hydric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquic Moisture Regime
[] Reducing Conditions
? Gleyed or Low-Chroma Colors ? Concretions
? High Organic Content in Surface Layer in Sandy Soils
? Organic Streaking in Sandy Soils
? Listed on Local Hydric Soils List
? Listed on National Hydric Soils List
? Other (Explain in Remarks)
Remarks: W? c? S a C.
WF;TT,AND DETERMINATION
Hydrophytic Vegetation Present Yes No
Wetland Hydrology Present? ? Yes ® No
H dric Soils Present? Yes No Is this Sampling Point within a Wetland? Yes No
Remarks: A h r'"
Approved by HpUSACE 2/92
7 Phone Conversation Record
Talked With: p Date: Time: IKI
Of. National Marine Fisheries Phone [phone]
Re: Filling 5_,_/-6 sq. ft. of 404 wetlands under NWP /3 in DaAee_ County
I laced Call Party Called ?
My Message Reply
Party's Message Reply
Action or Follow up Necessary GJ 0
Refer to: File #:
Signe
V UV
F Phone Conversation Record
Talked With: / Date: Time: AM
Of. State Historic Preservation Office Phone #: [phone]
Re: Filling 5 /8 sq. ft. of 404 wetland under NWP 13 in County
I laced Call Par Called ?
My Message Reply
Party's Message Reply
p!?
Action or Follow up Necessary NO
Refer to: // File #: 6767
Signed: ?? czO.J
w ) V
AVON N.C. KINNAKEET• SHORES SUBDIVISION
aq
a... o
f? I
1
ClV
SI
VICINITY MAP
EXISTING BULKHEAD
FINISH GRADE --?
AREA TO BE BACKFILLED?
EXISTING GRADE
404 WETLANDS

M _
M (U
N
(ll
o
TIE BACK
AS REQUIRED 3'
AVG.
BULKHEAD DETAIL
N.T.S.
J_
ooool
/ O
YKj
O
w
Y
Q
\` J
Y
Q
1,406' EXISTING BULKHEAD J
TO BE BACKFILLED

NOTES: LENGTH OF EXISTING BULKHEAD - 1406'
AVERAGE DISTANCE FROM 404 LINE - 3.0'
TOTAL FILL IN WETLANDS - 4,218 SQ. FT.
LEGEND:
- - - - - 1406' OF EXISTING BULKHEAD TO BE BACKFILLED
Al - 404 WETLANDS
? ' In
(U (U
AREA MBE B'..
FlLLED OR UNDISTURBED AREA
DISTURBED
FABRIC BURIED BELOW
EXISTING GRADE
SILT FENCE
DETAIL
NTS
RAY HO LLO WELL SCALE - 200,
KINNAKEET SHORES DATE 5/13/99
JOB NUMBER: 99-067
NATIONWIDE 13 PERMIT APPLICATION DRAWN BY. JJ
AVON DARE COUNTY NORTH CAROLINA REVIEWED: GW
KINNAKEET BLVD.
SALES OFFICE &
VISITORS CENTER
ENVIRONMENTAL
PROFESSIONALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]