20010589 Ver 1_COMPLETE FILE_20010404

wW A 7FgQ
Michael F. Easley
?O G Governor
r William G. Ross, Jr., Secretary
-i Department of Environment and Natural Resources
Y
Q
Kerr T. Stevens
Division of Water Quality
May 29, 2001
Dare County
DWQ Project # 010589
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Neal Blinken,
Osprey Landing Group, LLC
Post Office Box 1374
Kitty Hawk, NC 27944
Dear Mr. Blinken:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill material in 0.022 acres of waters for the purpose of constructin a pier and
stabilizing a shoreline at 119 Duck Road, NC 12, Duck, NC as described in your application
dated April 4, 2001. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3274. 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
Water shed regulations. 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 except as modified below. If you change your project, you must notify us and you
may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total 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) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Project must comply with DWQ's coastal stormwater requlations.
2. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached
form and return it to the 401/Wetlands Unit of the Division of Water Quality.
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.

Division of Water Quality
Wetlands/401 Unit: [phone]
Fax: [phone]
1650 Mail Service Center Raleigh, NC 27699-1650
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
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 Bob Zarzecki at 919-733-
9726 or Deborah Sawyer at our Washington Regional Office at [phone].
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File copy
Central Files
Doug Huggett; DCM

KUM
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
MEMORANDUM
TO: John Dorney Regional Contact: Deborah Sawyer
Non-Discharge Branch WQ Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Osprey Landing Group LLC County Dare
Project Number 01 0589 County2
Recvd From DCM Region Washington
Received Date 4/4/01 Recvd By Region
Project Type pier and riprap
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA SM O Y _0N F_ 30-1 SC ? 30,154. 0.02
JOY ON F- F- r-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue 0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Recommendation of issuance with the condition that Coastal Stormwater be approved
Comments by WaRO on 5/18/01
cc: Regional Office
Central Office Page Number 1
DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Osprey Landing Group, LLC
2 LOCATION OF PROJECT SITE: 1190 Duck Road, NC 12, Duck, Dare County,
Currituck Sound
Photo Index - 1995: 185-1945, F14 1989: 146-2, 115
State Plane Coordinates, X: 2958200 Y: 893600
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 10, 2001
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - March 15, 2001
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Coastal Shoreline,
Coastal Wetlands
(C) Water Dependent: yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - septic tank
Planned - same
(F) Type of Structures: Existing - 5,000 sf commercial shopping center Planned -
100 ft of rip rap shoreline stabilization.
(G) Estimated Annual Rate of Erosion: Less than 1.0 ft. but upland erosion is greater.
Source - Applicant
7. HABITAT IMPACT DESCRIPTION:
[AREA]
PYC'' A V ATRD FILLFD SHADED
(A)Vegetative Wetlands 100 sf (.002 A)
(B) Public Trust/Estuarine
Waters 720 sf (.016 A)
(C) Upland/Coastal Shoreline 1,000 sf (.022 A)
(D) Total Area Disturbed: 1,000 sf. (0.022 A) (does not include shaded areas)
(E) Primary Nursery Area: No
(F) Water Classification: SC; closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the construction of a pier and the placement
rip rap shoreline stabilization along the shoreline of a commercial lot located along the
Currituck Sound in Dare County.
Osprey Landing Group, LLC, Dare County
FIELD INVESTIGATION REPORT
Page 3
Anticipated Impacts
The proposed stabilization structure and alignment would result in the filling of no Public Trust
Area and would avoid any filling and associated loss impacts to the existing wetland fringe.
Approximately 1,000 sf of Coastal Shoreline would be impacted by this stabilization work. This
project would result in the shading of approximately 100 sf of wetlands and 720 sf of Public Trust
Area of the Currituck Sound. The proposed structures would not interfere with navigation or
adjacent riparian access.
The proposed shoreline stabilization and pier construction activity would result in a temporary
increase in turbidity levels along this portion of this waterway where this development is
proposed. However, the proposed rip rap rock stabilization alignment will not result in the filling
of any wetlands or waters. Typically, the use of rip rap stabilization instead of conventional
bulkhead shoreline stabilization, enhances the adjacent shallow water habitat and associated coastal
resources by absorbing wave energy instead of deflecting the energy into adjacent shorelines and
the offshore water bottom. This allows existing wetland vegetation to sustain less or little impact
from the existence of the stabilization stone and would reduce the scowering of the water bottom
during flood conditions. The use of rip rap would also tend to result in a reduction of water
column turbidity in comparison to the use of conventional retaining or bulkhead wall structures.
This project would not increase on site impervious surfaces.
Submitted by: Dennis W. Hawthorn
Date: March 23, 2000
Form DCM-MP-1
APPLICATION

(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name _0 S Pf-6 X L^" b rN(, - r 1 LJ- d.
Address ?0 .le>c'l C;14-
city ?- State N C_
Zip2? Day Phone 2 VF' 20 ( 4 29
Fax ? ?y ?CeZ1
b. Authorized Agent: Q I
Name ?i9 L ?IJ (l t?1 t.?
Address Lo 7 r?
City t- State
Zi Day Phone o? 2 ZG 4
City, town, comm ty or landmark
T) ? c Ai.,
Street address or secondary road n ber
?19o Dul! l'ti (2
Is proposed work within city limits or planning
jurisdiction? _J-.,-?'Y-es No
e. Name of body of water nearest project (e. river,
creek, sound, bay) u r r' t? C. k. ? v iu,
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fil ing activities. /
/W !A.?
I.ud?. cA L t'D by c Cke
C? G. AG 2
ot1 lTrrJt rrnoti
-e tA d
b. Is the proposed activity maintenance of an existing
Fax project, new work, or both? /t-ILO)
?S r 9r? c. Will the project be for public, private or commercial
c. Project name (if any) ?-?f?U C6M 946-X ,FCdr
S (-ho PPrnX?- C?-?'?c
d. Give a brief description of purpose, use, methods of
NOTE: Permit will be issued in rome of landowner(s), a,?d/or construction and daily operations of proposed project.
If more space is needed, please attach additional pages.
project name. _.?1- _ _ ^^^ . _ - - / ( L-
11
2. LOCATION OF PROPOSED
PROJECT
a. County

Revised 03/95
Form DCM-MP-1
landmarks, and the like.
• A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
A list of the names and complete addresses of the
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 comments 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 4F
T 1
Address ?
4:0 ?2 W It. H
ueL ' l2
C__ Q
Phone C--1- ' Sr

Name
Address
Phone
+ ?
?YL
1 ?? ?L Sf? P
Name t
4
- l
Address /
Phone t G
I understand that any permit 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 the 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
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit 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.
-70 G
This is %h day of
• A list of previous state or federal permits issued for Print Name ??? L t E
work on the project tract. Include permit numbers,
permittee, and issuing dates. Signature , z?X-IiJ 0
P/&= L ndowner or authorized Agent
• 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.
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• 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 funds or
use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
NOTE: Please sign and date each attachment in the space
provided at the bottom of each form.
Revised 03195
EXCAVATION
AND FILL
(Except 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.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
?/? Average FSnal
Ar Length Width EAUIng Project
Denth Death
Access channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Exchiding
shoreline
stabilization)

j<.

- i

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards rb1G /JA---
b. Type of material to be excavated Alp
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vege n
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards A/
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N
b. Dimensions of disposal area
c. Do you claim title to e0i area? 1159
Yes If no, attach a letter granting permission from the
owner.
d. Will a disposal area be avail for future
maintenance? Yes o
If yes, where?
e. Does the disposal area incl any coastal wetlands
(marsh), SAVs or oth et ands?
Yes o
f. Does the disposal inclu any area in the water?
Yes 0
AIM&
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
Mooring buoys
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length (4) Width of water body
(4) Width (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes No t}?Y-V S4ev'> shoreline
(i) Number
(ii) Length d f. Moor ing structure (boatlift, mooring pilings, etc.)
(iii) Width !?- (1) _ Commercial -Community _ Private
(6) Platform(s) _-zLY'es No (2) Number
(i) Number 1 (3) Length
(ii) Length ?lP (4) Width
(iii) Width
(7) Number of slips proposed g. Other (Give complete detcripdon)
(8) Proximity of structure to adjacent riparian
property lines V
(9) Width of water body '07 P e-
(10) Water de at waterward end of pier at
MLW o NWL l? ??
b. Boath ouse (i cluding covered lifts)
(1) mi. Commercial Private
C
oU(
PREy /AND
-'?
(2) Len /
r
/
(3) Width Appal r Proj i
c. Groin (e.g. wood, sheetpile, etc) Signature
(1) Number
(2) Length(s)
Date
d. Breakwater (e.g. wood, sheetpile etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03/95
?nr?rtlr3z v -I°I N PLAV-69 M
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CURRITUCK SOi,j\1 w?
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tV 777??? r'
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VICINITY MAP of rim 7? EC I z a. vi
x.r.i d ui 10.3' ' a
N 77.0'
10.6' -?- 33.0' 25.0'_ w * c? -r.
P m
14 00*10'07" W --
14A 0
98.09' (lie line) _ _Q?'
r' ECM xr) u
EXISTING ECM ?? raQ arr. j, to
(2) 1 STORY COMMERCIAL 3 °
Do
FRAME BUILDING ON PILINGS I re o I Z 31
F.F.E. 12.98 I -<
N /F I 11.2' I Q?E p6
SAM & RUT11 S. 'PA'I'L o° 18 I \??
D.B. 139, PG. 60
D.B. 123, PC. 129 O u 1 l
4. Fn
m I M I LA
O M W
11.7' - 77.0'
•:.
°DE 4/ '• 'd • 0.6
A0= ?' I • • • . •?. z U t0
4 ti 3 I .- ° - ?rA
O "EXISTING • W ca
/ 4? o I GRAVEL DRIVE. .
t & PARKING v
;t
1 ?. a to
I •21
+I
w (1N WOODEN o
HEAD WALL 4 !
4
. .4
WOOD •? A, - °? -• N WOODEN
0.67' ENCROACHMENT SIGN . • HEAD WALL
27.98' TO INT. 51R
OF CHRISTOPHER DR. S 00'11 47" E' R W
V 0 TES: EIR ® :100.03'• r*5 0 ECM EXISTING CONCRETE MONUMENT 0.94' SIGN- 3.4" N EIR EXISTING IRON ROD VNCROACHMENT
O EIP EXISTING IRON PIPE '/1) • SIR SET IRON ROD v TO EPK
0 PK PK NAIL O' SUCK ROAD _
POWER POLE
® WATER METER I N C 12 `''
® TRANSFORMER
M TELEPHONE PEDESTAL EPK IN OF EoN
>¢c OUTDOOR LIGHT CHRISTOPHER DR./ ra/w ECM ..
EOP - EDGE OF PAVEMENT - - 60' RM
R/W - RIGHT OF WAY L? - P- - -P-- - -P- -P- - --P
AREA = 24,948 sq. ft. / 0.571 acres
AREA CALCULATED BY COORDINATE METHOD.
LOT SUBJECT TO EASEMENTS & COVENANTS OF RECORD. NOTF0RTRAN8ACT10N8
PROPERTY AS RECORDED IN D.B. 1344, PG. 315, D.C.R. OR RECORDATION.
REFERENCE DEED: D.B. 350, PG. 725, ENTITLED "BOUNDARY
SURVEY FOR LATHAM A. & JUANITA B. MICAS" BY GEORGE 40 z 0 40
W. MIDGE'TTE, JR., LAND SURVEYOR DATED 3/8/83
& D.B. 61, PG 462, & D.B. 59, PG 41.
PROPERTY IS LOCATED IN F.I.R.M. ZONE "AE" (EL. 7') & ZONE X. Inch = 40 ft.
COMMUNITY-PANEL #: 375348 0017 D DATED: 4/2/93 G APHIC SCALE
IPDATE: P3ME NO.
87.00 SURVEY FOR:
SUH Y DATE. THE OSPREY LANDING GROUP, aC.
I, CARLOS F. GOMEZ , CERTIFY THAT THIS 10126100
MAP WAS DRAWN UNDER MY SUPERVISION CAD FILE
FROM AN ACTUAL SURVEY MADE UNDER MY P387- h
SUPERVISION, THAT THE BOUNDARIES NOT SCALE.
ACTUALLY SURVEYED ARE SHOWN AS BROKEN DRAWN 40' OSPREY LANDING SHOPPING C7R.
LINES PLOTTED FROM INFORMATION FOUND IN TAS TOWN OFDUCK
EXISTING RECORDS AND THAT THIS MAP WAS
NOT PREPARED TO BE RECORDED. nELD 00x. ATLANTIC TWSP. DARE COUNT NORTH CAROLINA
30180
WITNESS MY HAND AND SEAL THIS ?- Civil, Structural, Surveying &
IST DAY OF DECEMBER, 2000 Site Development
CCU ^ s 1 9 4 WEST KITTY HAWK ROAD
(?, 9 P.O. Box 1129
ENGINEERING Qc SURVEYING, INC Kitty Hawk, N.C. 27949
L. S. L-3241 (252)-281-4151 .00

y \.. ?5 Y R? 1 41
? y \ y. 1 t t" ?`?

DevebprnentType FEE DCM X DWQ X
(1 3001601 435100093 1625 6253 (24300 1602 435100095 2341)
1. Private, non-commercial
development that does not involve 5250 100%($250) 0°0 ($0)
ft filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
fhat does not involve the filling or 5400 100%(S400) 0% (SO)
excavation of any wetlands or open
water areas:
III. For dove vo ves the
fit mg and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A. B, C, or D
below applies:
111(A). For Private, non-commercial
development, If General water Quality S250 100%(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality S400 100%($400) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and 5400 60%(S240) 40% (5160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic fife:
III(D). If General Water Quality
Certification No. 3301 (see attached) 5400 60%($240) 40%(S160)
can not be applied:
1V. For development that involves
the filling and/or excavation of more 5475 60%($285) 40%($190)
than one acre of wetlands and/or
open water areas: