20020657 Ver 1_COMPLETE FILE_20030826

QPP1? NT se ,y United States Department of the Interio . `i, if
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FISH AND WILDLIFE SERVICE i l k
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Raleigh Field Office Fi
Poet Office Box 33726
,RCN j Raleigh, Notch Carolina 2763¢3726 L.... ?' +ri
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ECTION
February 3, 2003
Ms. Chrys Baggett
Environmental Policy Act Coordinator, North Carolina Intergovernmental Review
North Carolina Department of Administration
1302 Mail Service Center
Raleigh, North Carolina 27699-1302
Dear Ms. Baggett:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the
Environmental Assessment (EA) for the Slash Condominiums Project in Hatteras Townst
Dare County, North Carolina. By letter dated December 31, 2002, Ms. Kristie Corson, A;
Permits and Consistency Coordinator for the North Carolina Division of Coastal Manager
(DCM) sent the Service a copy of the EA and requested comments on the proposed work
to you. While the Service has no formal role in the State Environmental Policy Act (SEP,
review process, we appreciate the opportunity to provide technical assistance and an early
expression of the Service position that will be provided to the U. S. Army Corps of Engin
(Corps) on the release of a Public Notice (PN). Our comments to the Corps will be submi
accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.
661-667d), and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16
1531-1543). They will be used in the Corps' determination of compliance with the Clean
Act 404(b)(1) guidelines (40 CFR 230) and their public interest review (33 CFR 320.4) a;
relate to protection of fish and wildlife resources. The consideration of our comments by
applicant, Slash Creek Limited Liability Corporation (LLC), will facilitate environmental
conservation and permitting of the project.
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The applicant proposes to build a condominium complex consisting of five multi-family
dwellings (45 units) with associated amenities including an on-site wastewater treatment cili
parking areas, pool, clubhouse, and walkways. Each building would be three stories on pi es.
The project would also construct a private marina with a total of 46 slips. Marina constru tior
would require 259 linear feet (10 of new bulkhead construction on the northwest side of th
property. A six-foot-wide wooden slotted dock would be build along the entire (787 feet)
landward side of the new and existing bulkhead. The manna would have access to Pamlic
Sound by way of a channel within Slash Creek approximately one-half mile long (Figure 3 .
The project site is presently a broad flat grassy area with some scattered mature trees that l1as
been mowed and "maintained." The deeded acreage is 5.77 acres, but the project site is
approximately 4.91 acres according to a recent survey. The boat basin on the east side of t e
property is lined with a protective bulkhead (57110 which is the only man-made feature o the
property. The area is presently used for "traditional boating" (p. 2).
2
Future comments by the Service will consider the need for the proposed multi-family
development and marina. The EA notes (p. 2) that multi-family development with associated
access to on-site mooring facilities is "extremely limited in the Hatteras Island area" and th t the
proposed development would meet an "anticipated need" for such a facility. We believe th t the
EA should present greater evidence of a need that is not being met in other ways, e.g., exist ng
rental units, existing condominiums, and/or upland homes with dry storage for boats.
The EA provides (p. 2) a very brief analysis of two alternatives. The 45-unit condominium
marina complex could be constructed as proposed or the property could remain undevelope
until another development is approved in the future. This analysis fails to consider that a in re
modest development of the property, such as single family homes or a multi-family project f 20-
30 units, could occur. Our future comments will note that a smaller development could be uilt
entirely outside the 75-foot Area of Environmental Concern (AEC) and a reduced number f boat
slips could eliminate almost all loss of coastal wetlands and reduce water quality impacts to
Slash Creek.
The EA discusses (pp. 6-9) environmental impacts of the proposed 45-unit condominium-marina
complex. The Service is concerned that current plans would create 15,372 square feet of
impervious surface within the 75-foot AEC. Impervious surfaces located within the AEC include
building coverage, parking areas, and concrete walkways. While the EA notes (p. 1) that th new
impervious surfaces would impact 29.2% of the AEC, just below the 30% limit set by State law,
this change would increase the runoff of harmful materials, e.g., oil, gasoline, pesticides,
herbicides, and fertilizer, into Slash Creek and ultimately into Pamlico Sound. Some adver e
impacts to water quality may occur. The impacts of the substances carried by increased run?ff on
water quality should be evaluated by the Corps.
The Service agrees with the EA (p. 8) that increased boat traffic resulting from the propos
marina may negatively impact fish habitat in Slash Creek. Fuel spills would reduce water
quality. Wakes from boats would increase erosion of the Slash Creek shoreline and incre,
turbidity and siltation.
Figure 2 and text of the EA (p. 3) indicate that the proposed project would impact coastal fri?ge
wetlands on the northern and southeastern parts of the site. The EA states (p. 3) that these
wetlands with some black needlerush (Juncus roemerianus) serve as a natural shoreline protector
from erosive storm events, provide nutrient uptake, and provide wildlife habitat. The wetl d
fringe on the south side of the existing boat basin will be partially shaded by the wooden do k (p.
9). Marina and dock construction on the north side of the property would create a "disturba ce"
of approximately 25 square feet of coastal marsh. The Service agrees with the stated values f
these coastal marshes (p. 3) and requests that the EA submitted to the Corps acknowledge th t
any reduction of fully functioning coastal marshes would reduce these benefits to the area.
The EA notes (p. 2) that the new bulkhead would be in a straight line at the normal water
(NWL) and would not extend beyond two feet waterward of the NWL. Section 4 of the (
3
Handbook for Development in Coastal North Carolina states that to keep the shoreline stable,
shoreline stabilization measures should be aligned with, or landward of normal high water dr the
NWL. Furthermore, sloping riprap or vegetation should be used rather than vertical bulkhe4ds.
Sloping shoreline structures help dissipate wave energy as waves strike the shoreline, and t4us
reduce the ability of waves to carry away soil and erode the shoreline.
The Service has reviewed available information on Federally threatened or endangered species
known to occur in Dare County. We have also reviewed information from the North Caroli a
Natural Heritage Program (NCHHP) database on the reported occurrence of these species in the
project area. The EA correctly identifies (pp. 5-6) the Federally protected species of Dare
County. The listed species most likely to occur in the project area are the five sea turtles and the
West Indian manatee (Trichechus manatus), a Federally endangered mammal.
All five Atlantic sea turtles are protected by the ESA and may occur in the coastal waters of
North Carolina (Epperly et al. 1995). These species are the loggerhead sea turtle (Caretta
caretta), green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempi),
hawksbill sea turtle (Eretmochelys imbricata), and leatherback sea turtle (Dermochelys
coriacea). Loggerhead, green, and hawksbill turtles feed, to various degrees, on plant material.
Southeastern estuaries, such as Pamlico Sound, are important habitat for sea turtles, especially
immature turtles (Epperly et al. 1995). To the extent that highly productive estuarine wetlans,
such as seagrass beds, are reduced by project-induced erosion and sedimentation, sea turtles ?n
the sound would loose valuable feeding habitat.
The NCNHP database has a reported occurrence of the hawksbill sea turtle west of the project
area in Pamlico Sound. The project area does not have suitable nesting habitat for sea turtles.
When in the water, sea turtles are under the jurisdiction of the National Marine Fisheries Service
(NMFS). That agency should be contacted regarding conservation measures for sea turtles in the
project area.
Manatee may move along the Atlantic Coast during summer months and occasionally make their
way into the coastal waters of North Carolina (Webster et al. 1985). Manatees are seasonal
transients in North Carolina, primarily from June through October. The NCNHP database
reports a manatee occurrence in the waters of Pamlico Sound just east-northeast of the project
area. Schwartz (1995) reports several occurrences of the manatee in the coastal waters of Date
County.
Manatees use freshwater, brackish, or marine habitats. The species can move freely between
salinity extremes. The species may be found in shallow coastal waters, bays, lagoons, estua6
rivers, and inland lakes. O'Shea and Ludlow (1992) wrote that the primary habitat requireme
for the species are access to vascular aquatic plants, freshwater source, and proximity to charn
1-2 meters deep (3.3 -6.6 feet). The species is able to use shallow channels that may not seen
suited for such a large mammal.
4
The EA states (p. 6) that no endangered or threatened species were observed by personnel of
Quible & Associates during marine and terrestrial investigations. No dates are given for th se
investigations. However, areas that may be used by manatees cannot be determined by visu 1
surveys that are acceptable for less mobile, year-round species. Manatees spend much of their
time underwater or partly submerged, and this behavior often makes the species difficult to
detect. These mobile animals may appear in an area not inhabited for many years or move into
an area where the species has never been reported. To adequately protect this species in North
Carolina, reasonable precautions must be implemented in areas that could be used by manages
during the warmer months of June through October.
I
Manatees feed in areas of submerged aquatic vegetation (SAV). The aerial photograph in
Attachment B shows areas of SAV in Pamlico Sound near the mouth of Slash Creek. The ] rA
notes (p. 6) that "most SAV beds" were found at the confluence of Slash Creek and Pamlico
sound, an area known as Pamlico Point. While the EA notes (p. 6) that SAV was not found
within the 30-foot wide channel between the proposed project and the sound, the presence of
SAV within the creek, but outside the boat channel, is less conclusive and only addressed b the
comment that "the substrate within the creek does not appear to be conducive to SAV growth."
Therefore, it is uncertain whether the project area contains feeding areas for manatees.
Water depths in Pamlico Sound and the northern part of Slash Creek would allow manatee
access. While reported water depths within the channel vary, Figure 3 indicates that depths in the
northern quarter of the Slash Creek channel at approximately mean low water range from three to
five feet, sufficient for manatee access.
The proposed 46 slips at the condominium complex will increase the boat traffic moving in 4nd
out of Slash Creek (p. 8). The largest known human-related cause of manatee mortality is
collisions with hulls and/or propellers of boats and ships (U. S. Fish and Wildlife Service 1905,
p. 24). Impact injuries to manatee may be caused by fast-moving small- to medium sized boots
(Wright, S. D. et al. 1995).
At this time, the Service will recommend that the Corps fully consider potential adverse impacts
to the manatee during its review of this permit. Before reaching a final determination of potential
impacts on the manatee the Corps may require additional information from the applicant. The
Corps may also want to consider certain protective measures that would minimize possible h4rm
to the species. The Corps and applicant are welcome to contact this office regarding protective
measures that would minimize possible harm to the species.
The Service will request a consideration of potential secondary environmental impacts of this
project. Specifically, the Service is concerned that construction of the condominium complei
and marina will lead to a future need to dredge the channel in Slash Creek. Figure 3 in the E4
shows that mean low water depths in the 500-foot section of Slash Creek closest to the propo?ed
marina are generally 1.5 to 2.0 feet. Water depths were taken with a measuring rod in a canoe (p.
1). The EA states (p. 2) that boats utilizing the marina will range from 17 to 25 feet in length';
Such vessels are likely to require water depths in excess of two feet. These low water depth
may create problems for boat owners at the development. Access would be limited when th
pitch caused by waves created the need for greater water depth. Any increased sedimentatic
would reduce these controlling water depths even more. Such low controlling depths could
create safety problems during travel between the marina and the sound.
While the EA states (p. 7; Figure 3) that the current project includes no dredging, an earlier
proposal included excavation for a marina basin and navigation channel in Slash Creek. Th
NCWRC letter of December 2002 notes that these aspect of the project have been eliminate.
However, it remains likely that the originally proposed dredging may be required in the futuife if
residents seek to access Pamlico Sound with boats at the larger end (25-foot length) of boat size
envisioned for the marina. If the Corps should conclude that safety issues will eventually require
dredging to deepen Slash Creek, the Service will recommend that dredging impacts be j
considered along with permitting of the development. If the two aspects of the original project
are divided, or fragmented, a complete consideration of the total, long-term impacts of the
condominium-marina development cannot be made.
The Service recognizes the fragile environment of the Outer Banks and the need to carefully elan
development in the area. We support the protective measures for AECs required by the Nort
Carolina Coastal Areas Management Act (CAMA). Based on information contained in the > A,
future comments from the Service on any permit for this development will include the follow, ing
i
points:
1. Designated AECs have societal, economic, and aesthetic value for all the citizens of j
North Carolina. To protect natural resources and public trust rights, the CAMA seeks to
exclude facilities that are not water dependent, such as homes and parking lots, from
AECs. Therefore, proposals that would adversely alter or eliminate these areas should
provide evidence of an unmet demand for the man-made facilities that would replace
natural functions and values. The need for development within an AEC should not b?
limited to a statement that the facilities to be created are "limited" in the area;
2. The discussion of alternatives should not be limited to the creation of a 45-unit
condominium complex either now or in the future. The Service will recommend
consideration of an alternative that provides housing units and parking areas while
avoiding all impacts to the 75-foot coastal shoreline AEC. The EA should provide m re
justification for the statement (p. 2) that disturbance within the AEC has been reduce as
much as possible when a reduction in the number of units could eliminate all impactsI
within the AEC;
3. There should be a more detailed discussion of the adverse impacts to water quality t
would result from the runoff from impervious surfaces planned within the AEC and
consideration should be given to constructing parking areas and walkway with perm
materials;
6
4. There should be a discussion of the potential for increase turbidity and sedimentation j
within Slash Creek due to the acknowledged increased in boat traffic as well as a
consideration of bank erosion that could be result from this increased traffic;
5. To reduce the potential for the runoff of fertilizers, pesticides, and herbicides, there
should be a consideration that any planting associated with development of the site
should use only native vegetative adapted to the soil and precipitation of the area and
requiring a minimum of watering, fertilizer, and pesticides;
6. There should be a discussion of. (a) replacing the proposed vertical bulkhead waterwaid
of the normal water level with either sloping riprap or natural vegetation to better
dissipate wave energy and reduce future erosion; and, (b) constructing the wooden dodk
landward of natural marsh vegetation to reduce shading impacts;
7. There should be a more detailed discussion of habitat for Federally endangered manatee
within Slash Creek that will experience an increase in boat traffic. Since manatee use of
the area cannot be ruled out on the basis of visual surveys, potential manatee use of the
deeper parts of Slash Creek may require protective measures in these sections during a
four-month period (June-October) when manatees are most likely to be in the area ; and,
8. In considering the potential secondary environmental impacts of the project, the eventixal
need to conduct the originally proposed dredging of Slash Creek should be evaluated. '':If
there is a possibility that larger boats using the existing channel will create safety
problems in the future that require dredging, the environmental impacts of the original,
dredging proposal should be considered as part of the permitting of the condominium-
marina project.
Finally, the Service will recommend to the Corps that this project be considered under an
Individual Permit. This will allow for the broadest dissemination of project information and the
greatest input from State and Federal resource agencies as well as the public.
The Service appreciates the opportunity to provide these early comments on this project. We
hope that our discussion of potential direct and indirect environmental impacts, as well as our
recommendations to avoid or minimizes these impacts, will be considered in the application fir a
Corps permit. If the Corps determines that the project is likely to adversely affect the manatee,
formal consultation may be necessary under Section 7 of the ESA. If you have questions
regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27, at the address
above, or by e-mail at < howard [e-mail] >.
Sincerely,
,,_`,or,- ,Garland rdue, Ph.D.
V Ecological Services Supervisor
7
Literature cited
Epperly, S. P., J. Braun, and V. Veishlow. 1995. Sea turtles in North Carolina waters.
Conservation Biology. 9:384-394.
O'Shea, T. J. and M. E. Ludlow. 1992. Florida manatee. pp. 190-200. In S. R. Humphrey (e
Rare and Endangered Biota of Florida, Volume I. Mammals. University of Florida Pt
Gainesville. 392 pp.
Schwartz, F.J. 1995. Florida manatees, Trichechus manatus (Sirenia: Trichechidae), in N
Carolina 1919-1994. Brimleyana 22: 53-60.
U. S. Fish and Wildlife Service. 1995. Florida manatee recovery plan - second revision. U.
Fish and Wildlife Service, Atlanta, Georgia. 160 pp.
Webster, W.D., J.F. Parnell, W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and
Maryland. The University of North Carolina Press, Chapel Hill. 255pp.
Wright, S.D., B. B. Ackerman, R. K. Bonde, C. A. Beck, and D. J. Banowetz. 1995. Analysi? of
watercraft-related mortality of manatees in Florida, 1979-1991. pp. 259-268 in T. J.
O'Shea, B. B. Ackerman, and H. F. Percival (eds.) Population Biology of the Florida j
Manatee. National Biological Services Information and Technical Report 1. 289 pp.
cc:
Kathy Matthews, US EPA, Athens, GA
Ron Sechler, NMFS, Beaufort, NC j
Raleigh Bland, US Army Corps of Engineers, Washington, NC
David McHenry, NCWRC, Washington, NC
•-4ohn Dorney, NC Division of Water Quality, Raleigh, NC
Kristie Corson, NC Division of Coastal Management, Raleigh, NC
Melba McGee, Office of Legislative and Intergovernmental Affairs, Raleigh, NC
Quible & Associates, Kitty Hawk, NC
Slash Creek Condos 020657 Dare County
Subject: Slash Creek Condos 020657 Dare County
Date: Thu, 09 May 2002 16:00:11 -0400
From: Bob Zarzecki <[e-mail]>
Organization: Division of Water Quality; 401 Certification Unit
To: "Deborah Sawyer (WaRO)" <[e-mail]>,
"Tom Steffens (WaRO)" <Tom.Steffens@ncmaiLnet>
CC: Cyndi Karoly <[e-mail]>, John Dorney <john.dorney@nemai?l.net>
Deborah & Tom:
Per your phone message, Hatteras Village Association sent a letter dated
03/12/02 to the Director's Office (r:03/18/02), who passed it on to the
Water Quality Section / Non-Discharge Branch (r:04/5/02), who passed it
on to the Wetlands/401 Unit (r:04/26/02). Basically, it went from Greg
to Coleen to Dennis (cc: to Boyd) to Dorney. JD gave it to me on
04/26/02 with a note to "FYI, send copy to WaRO, have Mike start file".
So I passed it on to you on 04/29/02.
The letter was a request to deny the "CAMA permit and dredging permit"
and to inform DWQ of the "public outcry against the project".
Apparently, there is an EA out on it. I have not seen it. I couldn't
find another project in Filemaker under Slash Creek Condos and or any
projects that seemed to fit the bill in Dare Co. in 2002, so I assume
that we don't have a PCN in for the project (yet). I don't see why we
would ever ISSUE a project such as this out of triage, but I'll put a
note on the triage box.
- Bob

Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
1 of 1 5/9/02 4:00 PM
Triage Check List
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To: ?RRO Steve Mitchell Project Name S? ?'??1? ?11ya`
?FRO Ken Av ' DWQ Project Number '
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*aR Deborah Sawyer County-
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CARO Mice Parker
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Name: HATTERAS Location: 03501300.0" N 075140'58.1" W
Date: 4/29/102
Scale: 1 inch equals 2000 feet
Copyright (C) 1997, Maptech, Inc.
FILE COPY
HATTERAS VILLAGE CIVIC ASSOCIATION
P.O. BOX 457
0LINA 27943
AS 919-986-2579
March 12, 20?`
(APR 6 2002
(SOUP ?_ . t $ VICy?I.NOSY?,; ,
Mr. Gregory J. Thorpe, PhD.
Deputy Director
NCDENR, Div. Of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Dr. Thorpe:

40 18 v
O,RopTOgTFR ?Op?
RS° Ocq
1 ?1.2-1
V ?1u uk ?? ?'e
We, the undersigned members of the Hatteras Village Civic Association (HVCA)
Board of Directors, write to you today to request your help in our struggle to maintain the
ever-diminishing quality of life in our small community. Hatteras Village lies in th?
unincorporated area of Dare County. Although the county is our primary governmental
body, we have been a special tax district since 1981 (see enclosure) and receive an ad
valorem tax of no more than $.15/$l 00.00 on taxable property. These monies are used to
maintain our community buildings and may be used to purchase further property for use
by the villagers. The board of the HVCA [a 501(c) (3) organization] is the administrative
body serving the tax district and tax trustees (appointed by the county).
Earlier this year we became aware of a condo/marina project with a wastewater
treatment plant in the middle of the village called "Slash Creek Condominiums." It calls,
for five groups of nine condos on less than six acres (the highest density possible in Dare'
County) and a 46-slip marina. The project calls for at least 1,000 linear feet of dredging`
thirty feet wide in a critical marine nursery area which currently is only accessible to
small skiffs or canoes. This area has only experienced the lowest of use from these small!
boats. The high volume, large boat traffic that would accompany the project will have a?
major impact on erosion of the adjacent property owners. It is a silty, muddy bottom
which will erode easily.
We have been to the county to request they deny approval of the project, but they
felt bound to approve it because it fits the current zoning ordinances. We have since'
requested a town meeting with the planning board to discuss changing our zoning
immediately.
At a town meeting held March 5, it was evident the residents felt this type of
density is inappropriate in our community and that dredging the Slash (the shallow body
of water running through Hatteras Village from the sound) would have disastrous effects
of flooding low-lying area in the southern part of the village. Disruption of the nursery
area could also have a huge economic effect on commercial and recreational fishing
which is the main reason people vacation here. No fish, no tourists!
MAR 2 8 209'
VVN i tK UuALl I
SECTION
The project has just entered the CAMA permit process with an environmental
assessment under preliminary review. Your office will soon be receiving a copy of this
document for review and comment. We are trying to obtain a copy of the E.A. as well !so
we may review it and comment from the local perspective. We are against the issuing'of
a LAMA permit and dredging permit and ask you support us in our efforts. We
understand there will be a 45-day comment period and plan to make formal commentsat
that time. For now we wish you to be aware of the public outcry against this project and
review it carefully.
The board is also trying to enter a back-up offer on the property and is seekin' g
ways to secure the funds needed. 'Through the Trust for Public Lands and other avenues,
we hope to accomplish our ultimate goal - to preserve our life-sustaining marsh for the
future.
We are at a very dangerous crossroads in Hatteras Village. No longer can we 40
along to get along. We are trying hard to control our own destiny and hopefully keep
Hatteras Village the wonderful place it is now to live in and raise a family. We are
volunteers...we don't get paid and have no monetary gain to be achieved here. Our only
goal is to preserve a glimmer of Hatteras Village past.
Thank you for your time and hopefully your support.
Most Sincerely,
Enclosures (2)
Hatteras Village Civic Association
Board of Directors
?r
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a?-??? cVel17
No V., 115' 9.9 (WED) 14:11 STATE LIBRARY OF NC
TEL : [phone] P-002
North Carolina State Library
Raleigh
7 STATE OF NORTH CAROLINA w. C.
Doc
SESSION LAWS AND RESOLUTIONS
PASSED YS y THE
1981 GENERAL ASSE?BLy
AT ITS
REGULAR SESSION i9si
BEGINNING ON
WEDNESDAY, THE FOURTEENTH OF JANUARY, A.D. 198I
AND AT I: S
EXTRA SESSION 1981 J(/( 22 ON
I MONDAY, THE FIF'TII DAY OF OCTO EK
A.D. 1981
HELD IN THE CITY OF RALEIGH
ISSUED BY __I
SECRETARY OF STATE THA.q EURE
PUBLISHED BY AUTHnP-Orv
The 1881 General Assembly convened on Janu . 81; s adjourned an 1881, to rvlconvenu on November 16, 1991, or on aearlier 14, 19 ni
ata t¢ be determined by the
Speaker of the House and the President or the Serrrte f Resuhition , ` y
Article II, Suction 11(2) of the Condtitution of North Carolina, the rwralA6se bly was
cunvened in extra eeealon on October 5, 19b1, at which tim R
N eeolu was amended for the reconvening of the 19A1 General Aaswnbly in rcgul tson n fib 66 w un mended t
'-9811981. nd ad ourned on Oa b ? 3urnBon Ocruer 10, 19n Juhra c, vi e2, on October
No V. -0J' 99(WED) 14:12 STATE LIBRARY OF NC TEL:[phone] -P, oils
Session Laws-1982 CHAPTER 212
may , Or
anY Of cbe ire and no person isha?, be when it iN hold 1 ahlr reiv? Ily necessary t st the or criminally or progress or
acting in obedience to the orders thus given."
Sec. 2. All ordinances, resolutions, rules and regulations in force at the
time of taking effect of this charter, not inconaintent with its provisions, shall
continue io full force and effect until amended or repealed,
Soc. 7. The followltig local acts, are hereby expressly repealed, provided
that such repaul shall not affect any action token or proceeding commenced
prior to the effective date of this act:
(l) Privese Lvv!? of 1227, 0?apter 224, irwo(ar as it relates to the City of
Thomasville.
(2) Private Lawn of 1929, Chapter 196,
(3) 9es6ion Lawa of 1963, Chapter 4.
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified, thin the 13th day of
April, 1981-
H. B. 511 CHAPTER 212
AN ACT TO PROVIDE FOR AN ELECTION IN HATI'ERAS VILLAGE ON
THE QUESTION OF CREATING AND ESTABLISHING THE
HATTERAS VILLAGE COMMUNITY CENTER DIS'T'RICT AND FOR
THE LEVY AND COLLECTION OF AN AD VALOREM TAX FOR
REPAIR, MAINTENANCE AND OPERATION OF A COMMUNITY
CENTER BUILDING.
The Genera! Assembly ofNorth C&rolins euyctq.
8eetion I. The Board of County Commimioners of Dare County is
hereby authorized to call an election to bar conducted by the Board of Elections
of Dare County in Hatteras voting precinct as described below for the purpose
of submitting to the voters therein the single imue of establishing the Hatteras
Village Community Center District in said area and levying and collecting
annually a special ad valorem tax on all taxable real and personal property in
the propa+ed district for the purpose of maintaining and operating the Hatteras
Community Center sa sat forth in Section 6 of this act. The tai levied and
collected for the purpose herein specified shall not exceed fifteen cents (1641 on
each one hundred dollars (3100.00) valuation of taxable property io the area.
The area of the district Is more specifically deucribed as follows:
"All of the Hatteras Voting Precinct bounded sire the west by Hyde County,
on the north by Avar Voting Precinct, on the east by Frisco Voting Precinct and
on the south by the Atlantic Ocean all ae shown on the reap in the office of the
?. &ard of Elections of Dare county, North Carolina, entitled 'ELECTION
I'RECiNCT BOUNDARIES _ DARE COUNTY' dated July 13, 1978, signed by
Orman L. Munn, Chairman, Dare County Board of Elections, which said map is
ibcorporated herein by reference."
Bet. 2. The election shall be conducted in accordance with Chapter 163
Of the General Statutes. The Hoard of Elections of Dare County shall determine
- and declare the results of naid election and certify the dame to the Board of
County Commissioners of Dare County and the
Y same shalt thereupon be spread
upon the minutes of the said board.
191
NOV. -'03' 99 (WED) 14:12 STATE LIBRARY OF NC
TEL:919 %33 5679
CHAPTER 212 Session UWI S--1981
Sec. 9. The ballot shall contain the date of the election, the words
"Hatteras Village", and shall further be i* the following form.
"O FOR creation of the Hatteras Village Community Center District and
the levy of an ad valorem tax not ?o exceed fifteen cento (154) on the one
hundred dollar (;100.00) taxable t{uluation for the ownership, operation
and maintenanceofacommunity nter.
"O AGAINST creation of the Hstt er?s Village Community Center District
and the levy of an ad valorem tart to exceed fifteen cents (360) on the
one hundred dollar (;100,00) ble valuation for the ownership,
nperation and maintenance of a co munity center."
The ballot shall contain the facsimile signature of the Chairman of the
Board of Elections of Dore County.
Sec. 4. If a majority of the qualified voters voting at acid election shall
vote in favor of creating the Hatteras Vill ge Community Center District and
Elie levying of a us as aforesaid for the ration, maintenance and repair of a
community center building, as provided y this act, the Board of County
Commissioners of Dare County shall upon receipt of the certified copy of the
reaulte of said election from the Board of glactiona adopt a resolution creating
the Hatterav Township Community Center District, and shall file a copy of the
said rBSOlution ao adopted with the Clerk of he Supvrior Court of Days County.
Upon creation and establishment of the H?tteras Village Community Center
District, the Board of County Commissio ers of Dare County be and it is
hereby authorized and directed to levy and' collect an ad valorem tax an all
taxable property in said district in such aunt as it may deers necessary, not
ecceeding fifteen canta (150) on each one hundred dollar ($100.00) taxable
valuation of property in said district from year to year, and shall cause the same
to be kept in a separate and special fund, to used only for the maintenanw,
operation and repair of a community center within said district, as provided by
Suction b of this act.
Sec. li. The Hatteras Village Community Center District shall
constitute a political subdivision of the State 'of North Carolina, and shall he a
body corporate and politic, exercising public power. The Hatterne Village
Community Canter District is suduotized Ea watabliah, operate and maintain the
community canter for the use and benefit of all the residents of the district by:
providing suitable facilities for public meeti*r, for public agencies providing
services to the public; providing recreational park and playground facilities;
providing facititiex for meetinp of civic d fraternal organizations; and
providing facilities for the general use of read me of the district in all matterv
relating to the imprave:nent of the general h Ith and welfare of said district
and all matters of community interact.
The district and its governing body shall h ve the following powwv:
(1) To acquire and hold title to the Hac ras Village, Community Center
Building and any other real or pectoral proportwhich may be acquired by the
Hatteras Village Community Center District by purchase, gilt, donation,
contribution, or otherwive.
(2) To evil, convey, and dispose of any real ;or personal property owned by
the Hatteras Village Community Canter District, acquired from any tiource
whatsoever, in accordance with Article 12 of Chapter 160A of the General
Statutes, except that the Dane County Board of Commissioners must approve-
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192
Nov. -u.> 99(Wbu) 14:13 STATE LIBRARY OF NC TEL:'?19 133 5679 p..gOJ
Session Laws-1981 CHAPTER 212
(3) To erect, repair, cotsetruet, replace, and alter building owned by the
Hatteras Village Community Center District, and to improve. manage and
maintain and control all real and personal property owned by the Hatteras
Village Community Center Dintriet or under its supervision and control.
(4) To employ such officers, agents, consultants, and other employees as it
may desire, and to determine their qualifications, duties and compensation.
(6) To expend the funds collectwd by the special tax provided by this act
and any and all other funds coming into the hands of the governing body
thereof by sift, donation, contribution, or otherwise, for the acquisition,
operation and maintenance of .the Hatteras Village Community Center
facilities.
(6) To do any and all other acts and [hinge reasonably necessary and
requisite w the operation and maintenance of the Hatteras Village Community
Center in accordance with the provisions of this act.
Sec. 6. The governing body of the Hatteras Village Community Center
District shall be a board of trustees consisting of five residents of the Hatteras
voting precinct. Upon the creation and establishment of the Hatteras Villal(es
Community Center District by the Board of County Commissioners of Dare
County as heminbefore provided, members of the hoard of trustees shall be
appointed by the board of county commimionero and shall hold office for a term
of three years. All vacancies that occur whether by death, resignation, or
otherwise, shall be filled by appointment of the board of county commissioners
for the unexpired term of the person crest,ng the vacancy. Each appointee shall
qualify by taking an appropriate oath to *ell and truly execute the duties of his
office according to the beet of his skill and ability, according to law. The
members of the board of truateea are autcwrized to select from their number a
chairman and a vice-chairman, and they may also saiect a treasurer and a
aftretary, which offices may be combined and which office or offices may be
held by a pemmn or persona who are not members of the board of trustees. A
simple majority of the governing board shall constitute a quorum for the
purpose of transacting business of the board of trustees, and approval by a
majority of those present shall be adequate for dewrminotion of any matter
coming before the governing board, provided at least a quorum thereof in
prevent. Regular annual meotinir of the board of trustees shall be held, and a
meeting of said board may be called at Any time by the chairman thereof or by
any two members thereof. Any member or members of the board of trustees
may be removed by the Hoard of Commhtsioners of Dare County.
Sec. T. This act in effective upon ratification.
In the General Aawmbly read three times and ratified, this the 13th day of
April, 1981.
193
Kiar•?5• ?002 8:21AM'i KGSTICH AND ASSOC No,l328 P. ?
e -
A"resa any reply to: P. 0. Box 737, Atlanta, Georgia 30301
w toms 1 Oil' 4N(N Vb'%v5M[?W
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Internal Revenue Service
Drfr In reply' nhr to.- JUN 2 0 19x14 ?11.:?z.sssA89A
Hatteras Village Civic Association,
Inc.
Hatteras, North Carol-ins 27943
l
Based on information supplied, and assuming your operations will
be as stated in your application for recognition of exemption, we
have determined you Are exempt from Federal income tax under section
501(c)(3) of the Internal Revenue Code.
We have further determined you are not a private foundation within
the meaning'of station 809(a) of the Code, because you are an
organization described in station 1706%) (1) (A) (vi).
uYbA.drpCnot,liarleL•fo"r':?exotrit.`svcur:Lt?r`.(PICA t•cth*dsiUnU ai yN. -')
eaivar'iroS,:exemption -dertifto$ta "As .Pr4f-i c(Od aM t1 3±sdera3.rr . ?
Insurance Contributions Act. You are not liable for the taxes 14
under the Federal Unemployment Tax Act (FUTA).
Since you are not a private foundation, you are not subject to
the excise taxes under Chapter 42 of the Code. However, you are not
automatically exempt from other Federal excise taxes. If you have any
questions about excise, employment, or other Federal taxed, please
let us know.
Donors may deduct contributions to you as provided'in'section
170 of the Code, Bequests, legacies, devises, transfers, of gifts to
you or for your use are deductible for Federal estate and gift tax
purposes if they most the applicable provisions of sectiond 2053,
2108, and 2522 of the Code.
If your purposes, character, or method of operation islchanged,
please let us know so we can consider the effect of the cha4ge on
your exempt status. Also, you should inform us of all changes in your
name or address.
(owr) j Form L-178 (Ratc 8-73)
I
ar•15• 2002 8:21 AM, KOSTiCH AND ASSOC No•1328 P- 3
If your gross receipts each year are normally more tham 55,000,
you are required to file Form 990, Return of Organization Exempt
From Income Tax, by the 15th day of the fifth month after the and
of your annual accounting period. The law imposes a penalty Of $10
a day, up to a maximum of 15,000, for failure to file a return on time,
You are not required to file Federal income tax returns unless
you are subject to the tax an unrelated business income under section
$ll o! Vi)". If you are subject to this tax, you must file an income
tax return on Form 990-T. In this letter we are not determining whether
any of your present or proposed activities are unrelated trade or
bus'i:hesm ae defi3a d •in seCtUh'S13 of the Code.
"V6U`•hoad7brt implbye-t i6bhtifioation number even if you hive no
employees. Ir an employer identification number was not enterbd on
your application, a number will be assigned to you and you will be
advised of it. Please use that number on all returns you file and in
all correspondence with the Internal Revenue Service.
Please keep this determination letter in your permanent records,
Sincerely yours,

Exempt Organization Specialist
1? .'
This determination letter modifies our letter of April 16, 1974 holding you
exempt under section 501(0)(3) to the extent that it is inconsistent with
this letter.

FOVM L-174 (Rev. 6-73)