20061048 Ver 1_Application_20060616

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Suite 100 Since 1985 T'eL(919) 872-I 174
Raleigh, North Carolina 27610 ~ax:[phone]
e mail wmarotti(r)ngaCarolina com www.rigacarolina.com
16 June 2006
Cyndi Karoly
NCDENR/Division of Water Quality
Wetlands Unit 2 ~~ %~ ~ n
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Avon/Kinnakeet Mine Expansion -EMC Exemption From Water Quality Standards
Cyndi:
Enclosed please find a report containing a project summary, detailed documentation, and
a restoration plan for the Avon/Kinnakeet Sand Mine request for exemption from water
quality standards. As you'll see, Appendix C (Alternatives Analysis) is not included.
I've requested this information from NCDOT but have not received it yet. Similarly,
letters from NCDOT specifying the amount and timing of their need for stockpiled sand
have not been received.
I had planned to get them this Wednesday but I have learned that they have been delayed
due to preparation for and response to Tropical Storm Alberto. As soon as I receive them
I'll provide them to you.
As requested, I've provided four hard copies for your distribution and review. I've also
included a CD with the report in Word format and the figures and appendices in PDF
format. Please review and comment at your earliest convenience.
I'll be out of the office all next week but will be checking my e-mail regularly. If you'd
like to discuss anything, please call my cell [phone]).
Thanks for your support for this important project. I look forward to attending the 12 and
13 July EEP meetings to field any questions that may arise.
See `ya then.
.:
Ward Marotti
Restoration Ecologist
Q~c~~ae~~
~u~ ~ ~ IDs
DENR ~ YVki irfr UtlALiTY
'WETLANDS aN[> ~T~FtMWATER BRANCH
NEPA & SEPA Environmental Assessments •Environmental Impact Studies ~ Jurisdictional Wetland & Stream Buffer Delineations ~ 404 - 401 Perrnits •
G/S/GPS Mapping • Water Quality Monitoring Stream & Wetland Mitigation and Restoration ~ Endangered Species Surveys & Monitoring
• Biological Assessments & Conservation Plans • Water Intakes & Resen~oirs • Water Lines & Treatment Plants ~ Sewerlines & Wastewater Treatment
• Instrenm Flow Analyses ~ Interbnsin Transfer Certificates ~ Lake Management & Watershed Modeling •Archaeological Surveys and Testing ~ Solid
Waste Landfills •Phase 1 Environmental Site Assessments ~ Parks & Greenwnys Planning ~ CWMTF Grant Applications

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Figure 1. General Location -Wetland Boundaries - ~ ~ .
j '•
Avon/Kinakeet Sand Mine -Buxton USGS Quadrangle ~ ~ - ~:.' -
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Hatteras Island, Dare County, NC • •
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ENVIRONMENTAL CONSULTANTS • - ~ - ~ '.~ ~ '~ ~` ;~ ~:
www.rjgacarolina.com 919-872-1174 .: ~ ,~~ ~ .
LEGEND ,~ ;,.. .
USAGE Jurisdictional Wetlands - , ~~~~~ - . - - ~.. ' A, ~F~
U lands Inside Pol ons - -
' [~ Wetlands Inside Polygons ~ i •~ ~ - ~ •~
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~~: -

~vorL~Kirulakeet ~°~Iine Expansion Reduest for Exemption from Water Quality
Stanci~~rds
Executi~~e Summai-~~
In September 2441 Avon/Kinnakeet Mine, LLC submitted an application for expansion
of its North Carolina Division of Land Resources (DLR) sand mining permit 28-16.
Sand from the proposed expansion area would supply the North Carolina Department of
Transportation (NCDOT) material approved by the US Park Ser~rice for dune restoration
in Cape Hatteras National Seashore along North Carolina Highulay 12 on Hatteras and
Ocracoke islands. Sand from the mine was used for dune restoration north of Buxton in
2444. NCDOT board member and Dare County Board of Commissioners Chairman Stan
White has written letters in support of the proposed expansion because of the strong
public need for material from the site. Providing Park Service approved material from
the proposed pei~nit expansion area is the only realistic way to meet NCDOT's need.
The permit application was reviewed by DLR and distributed for interagency review to
the North Carolina Division of Water Resources, ViTater Allocation Section; the US Fish
and Wildlife Service; the State Historic Preservation Office; the North Carolina Division
of Marine Fisheries; the North Carolina Wildlife Resources Commission (ZAjRC); and the
North Carolina Division of Water Quality, Wetlands Section (DWQ). On-site evaluation
by the North Carolina Division of Coastal Management (DCNI), WRC, and DLR was
conducted during September 2441. DCM confirmed that it did not have Coastal Area
Management Act (CAMA) jurisdiction over the wetland in question.
All comments have been addressed, except DWQ's regarding violation of North Carolina
Water Quality Standards. D«~Q (John Dorney) indicated that to meet Water Quality
Standards the removal of material from wetlands would require permitting through
sections 404 and 40~ of the Clean YYaterAct, or the state Isolated Wetland Rules.
The US Army Corps of Engineers conducted a site visit during December 2441 and
signed a 1~ o Depart~rrent of the ~r~rry authorization Required form that stated that The
ps-oposed actr,'on does not have a regulated impact on jurisdictional, waters or wetlands
Because no Section 404 permit is required by USACE for the proposed action, no Section
401 permit application can be re~riewed/accepted by DWQ. Since the wetland, but not
the action, is subject to USACE jurisdiction, an Isolated Wetland Permit cannot be
requested from DWQ.
The project is in a permitting conundrum.
Because of the strong public need for the project, an Exemption,frorra t~Yater Quality
Standards is requested, pursuant to 15A NCAC 42B .4226. In order to satisfy DWQ's
concerns regarding impacts to water quality this request will conform to the current
Isolated T~etland Rules, if the exemption is approved by the North Carolina
Environmental Management Commission (EMC). Pursuant to the rules, impacts to the
USACE jurisdictional wetland will be mitigated at a 2:1 ratio.
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Page 1 of 1

~~~orL~Kirulakeet ~°~Iirle Exparhiorl Rectuest for Exemption from Water Quality
Stanci~~rds
The mitigation will include 0.95 acre of brackish marsh wetland restoration, 0.49 acre of
brackish marsh wetland creation , 4.75 acres of non-riparian wetland credit from the
North Carolina Ecosystem Enhancement Program, and 30.65 acres of brackish and salt
marsh preservation (6.13 mitigation credits). The use of "out-of-kind" mitigation will
increase the number and level of wetland functions, which will enhance wetland value
more than `fin-kind" mitigation.
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~vorL~Kirul~ikeet ~°~Iine Exp~in~ion Reduest for Exemption from Water Quality
St~rnci~~rds
Executive Summary ........................................................................................................... . 1
1.0 Background ............................................................................................................ . ~
2.4 Review Comments ...................................................................................................... . G
2.1 Division of Water Resources, ~Ajater Allocation Section -Blake Rouse and Nat
Wilson ............................................................................................................................ . 6
2.2 US Fish and Wildlife Service (USFWS)- Garland Pardue .................................... . 6
2.3 State Historic Presen~ation Office -Rene Gledhill-Early for David Brook.......... . 7
2.4 Division of Land Resources, Land Quality Section -Bill Crew ........................... . 7
2.5 NC Wildlife Resources Commission -William Westcott .................................... . 7
2.6 NC DWQ Wetlands Section -John Dorney .......................................................... . 7
3.0 Jurisdictional Authoiity .............................................................................................. . 7
3.1 US Army Corps of Engineers ................................................................................. . 7
3.2 NCDENR Wetland Unit ......................................................................................... . S
3.3 Coastal Area Management Act ............................................................................... . 9
4.0 Mitigation Plan ............................................................................................................ . 9
4.1 Existing Conditions ................................................................................................ 10
4.1.1 Vegetation ....................................................................................................... 10
4.1.1.1 Conversion ............................................................................................... 10
4.1.1.2 Preseivation .............................................................................................. 11
4.1.1.3 Creation .................................................................................................... 12
4.1.1.4 Restoration ............................................................................................... 13
4.1.2 Soil .................................................................................................................. 13
4.1.2.1 Conversion ............................................................................................... 13
4.1.2.2 Preservation .............................................................................................. 14
4.1.2.3 Creation .................................................................................................... 14
4.1.2.4 Restoration ............................................................................................... 14
4.1.3 Hydrology/Topography ................................................................................... 14
4.1.3.1 Conversion ............................................................................................... 14
4.1.3.2 Preservation .............................................................................................. 15
4.1.3.3 Creation .................................................................................................... 15
4.1.3.4 Restoration ............................................................................................... 16
4.1.4 Wetland Function and Value .......................................................................... 16
4.1.4.1 Nlaritime Grasslands ................................................................................ 1 E~
4.1.4.1.1 Water storage ..................................................................................... 16
4.1.4.1.2 Shoreline Stabilization :..................................................................... 16
4.1.4.1.3 Pollutant Removal .............................................................................. 16
4.1.4.1.4 Wildlife habitat :................................................................................ 16
4.1.4.1.5 Aquatic Life Value ............................................................................ 17
4.1.4.1.6 Recreation and Education :................................................................ 17
4.1.4.2 Brackish Nlarsh ...................................................................................... 17
4.1.4.2.1 Water storage :................................................................................... 17
4.1.4.2.2 Shoreline Stabilization :..................................................................... 17
4.1.4.2.3 Pollutant Removal :............................................................................ 17
4.1.4.2.4 ~~'ildlife habitat :................................................................................ 17
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~ ~ ~

~~~orL~Kirulakeet ~°~Iine Expansion Rectuest for Exemption from Water Quality
Stanci~~rds
4.1.4.2.5 Aquatic Life Value ............................................ ................................ 1 S
4.1.4.2.6 Recreation and Education :................................ ................................ 1
4.2 Proposed Modifications ......................................................... ................................ 1 ~
4.2.1 Planfiing Plan ................................................................... ................................ 1 ~
4.2.1.1 Conversion ............................................................... ................................18
4.2.1.2 Preseivation .............................................................. ................................ 18
4.2.1.3 Creation .................................................................... ................................ 19
4.2.1.4 Restoration ............................................................... ................................ 19
4.2.2 Soil .................................................................................. ................................ 19
4.2.2.1 Conversion ............................................................... ................................19
4.2.2.2 Preseivation .............................................................. ................................20
4.2.2.3 Creation .................................................................... ................................20
4.2.2.4 Restoration ............................................................... ................................20
4.2.3 Hydrology/Topography ................................................... ................................20
4.2.3.1 Conversion ............................................................... ................................20
4.2.3.2 Preseivation .............................................................. ................................21
4.2.3.3 Creation .................................................................... ................................21
4.2.3.4 Restoration ............................................................... ................................ 21
4.3 Monitoring ............................................................................. ................................ 21
4.3.1 Vegetation ....................................................................... ................................21
4.3.2 Hydrology ....................................................................... ................................22
Figure 1. General Location
Figure 2. tiVetland Boundaries
Figure 3. Mitigation Plan
Figure 4. Mine Expansion -General Location
Figure 5. Kline Expansion -Plan
Figure 6. Mine Expansion -Typical Section
Appendix A -Agency and DOT Correspondence
Appendix B - Protected Species, Dare County
Appendix C - Alternatives Analysis
Appendix D -Model Conservation Easement
Appendix E - Hazardous Substance Search
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~vorL~Kirulakeet ~°~Iine Expansion Rectuest for Exemption from Water Quality
Stanci~~rds
1.l1 Background
On 11 September 2001 the Avon/Kinnakeet Mine, LLC {the applicant) submitted an
application to the DLR to expand their existing pernvt 28-16 to include an additional
11.62 acres. The proposed expansion area is located west of NC 12 in the Town of Avon,
on Hatteras Island, in Dare County North Carolina (75.51014 degrees ujest and 35.33755
degrees north, Figure 1}. It is in US Geological Survey (USGS} Cataloging Unit
03020145 (North Carolina Subbasin 03-41-55} {Figure 1}.
Material from the original mine and the expansion area has been quantitatively evaluated
by the NCDOT Division of Highway Materials and Tests Unit's Soils Laboratory. The
lab results were presented to US Park Service, who approved the material for use in dune
restoration on Hatteras National Seashore. Approximately 234,444 cubic yards of
material from an immediately adjacent site (NCDOT Borrow Fit) was used in the NC 12
Relocation/Buxton Dune Replacement project in 2004.
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Buxton Dune Res~tor3tion Completed in No~~~ember 2004
(11,150 linear feet, photo 11~'I3~~ 2005)
The permit application was reviewed by DLR Land Quality and circulated for inter-
agency revievT. Review comments vTere received in late 2041 and early 2002.
The US :~7ny Corps of Engineers (USAGE, William T. Walker} conducted a site visit
during DecemUer 2001 and signed a IJa Depcar^ltnent of ~heArtnyAuthorization Required
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Page J of J

~von~Kirulakeet ~°~Iirle Exparlsiorl Recfuest for Exemption from Water Quality
Stanci~~rds
form that stated that 7'he proposed action does not have a regulated i~rapact on
jurisdictional waters or wetlands. A subsequent meeting and a Jurisdictional
Deter~raination (JD) site visit with Mr. V~talker's replacement, William Wescott,
confirmed that the subject wetland was subject to USAGE jurisdiction, but the removal of
material (sand mining} from the xTetland was not. Mr. Wescott's replacement, NIr. Tom
Steffens (formerly DWQ's Washington Regional Office Regulatory Specialist for Dare
County}, provided a signed JD for the proposed expansion area, as well as an on-site JD
confirmation for proposed preservation areas (Figure 2}.
Because no Section 404 permit is required by USAGE for the proposed action, no Section
44r permit application can be reviewed~accepted by DWQ. Since the v~Tetland, but not
the action, is subject to USAGE jurisdiction an Isolated i~etland Per~rait can not be
requested from DWQ.
2.0 Re~rie~~r Comments
Comments received in response to the mining permit expansion application are
summarized in the "bullets" below. Responses are below each comment in a different
font. Copies of the original response letters are in Appendix A.
2.1 Division of T~atet• Res©urces, T~ater Allocation Section - ~3lake Rouse
and 1Vat t~ilsran
•"should not have an unduly adverse effect on ground water supplies"
2.2 US Fish and i~ildlife Service (tISFi~S)- Garland ~'ardace
• Coastal Barrier Resources System Unit L03 Impacts
In a response to an inquiry about USFVIIS jurisdiction over the proposed permit
expansion area, Pete Benjamin stated that "The proposed expansion area is
near the boundary of Unit Loa if the CBRS. This office coordinates
determinations with determinations of sites near CBRS units with our
Washington, DC, office. Our Washington Office has determined that the
expansion area shown in your pdf file is not within the CBRS, specifically Unit
L03."
• ~tjetland Impacts - requires Corps permit, no avoidance, minimization, or
mitigation provided
Removal of material is not Corps jurisdictional (Appendix A}. On-site and fee-in-
lieu of mitigation will be provided, in accordance with the Isolated Wetland Rules
1 ~A NCAC 2H.1300. Avoidance and minimization (alternatives analysis) are
summarized in Appendix C.
• Saltwater Intrusion Potential
Flora and fauna of adjacent lakes formed as part of the original mining permit do
not indicate saltwater intrusion into the surficial freshwater aquifer.
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~~~on~Kirul~ikeet ~°~Iirle Exp~irhiorl Reduest for Exemption from Water Quality
St~~nci~~rds
• Water Table Draw Down and Resulting Impacts To Live Oak Forest
As stated in the DWR response (above), removal of material "should not have an
unduly adverse effect on ground water supplies."
2.3 State Mist©ric ~'t~eservati©n Office -Rene Gledhill-Early f©r David
Br©ok
•"... it is unlikely that any archaeological sites ...will be affected... "
•no archaeological survey recommended
2.4 Division of Land Resources, Land Oac aZ.it~~ Section - ~3ill Crew
•general mine characteristics, maps, natural resource protection, reclamation
plan
A revised expansion that addresses all comments, and makes appropriate
changes to the permit will be submitted to DLR, pending EMC's ruling.
2.5 NC T~iTiZdZi_ fe Resources C©mmissi©n - T~ittiam YYestcatt
•"we are opposed to the destruction of wetlands without adequate mitigation"
Mitigation that satisfies the Isolated Wetland Rules will be provided, pursuant to
EMC's ruling.
• protected species
No impacts to state or federally protected species are anticipated (Appendix B).
2.6 NC D~Q r;VetZands Section - J©hn D©rney
•"this activity will violate wetland standards by altering natural hydrology"
Any impacts to natural hydrology will be mitigated as described in the Mititgation
Plan.
•"this change can only be done in the context of a 401 certification or an
Isolated Wetland Permit"
The wetlands are USAGE jurisdictional. The action is not and does therefore not
have access to 401 permitting or the lsalated Wetland Rules. Pursuant to this
hearing's outcome, mitigation will be provided in accordance with the Isolated
Wetland Rules.
3.0 Jurisdictional Authority
3. ~ US Aj•my Corgis of Engineers
Pursuant to the Washington D.C. U.S. District Court's 23 January 1997 decision regarding the
repe~~l of the "Ttilloch Rule," the t?SAGE does not have jtu7scliction over the "incidentz~l backfill"
associated with ch-edging in jurisdictional wetlands. In the 1'' Janu~uy 2001 Feclerul Registef• the
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~ • ~

AvorL~Kirul~tkeet ~°~Iine Exp~tn~ion Reduest for Exemption from Water Quality
St~tnci<~rds
LT SACE and EPA published a new, final rule regarding their jurisdiction over "incidental
backhll" in wetlands.
(2)(i) The Corps and EPA regard the
use of mechanized earth-moving
equipment to conduct landclearing,
ditching, channelization, in-stream
mining or other earth-moving activity in
waters of the United States as resulting
in a discharge of dredged material
unless project-specific evidence shows
that the activity results in otily
incidental fallback. This paragraph (i)
does not and is not intended to shift any
burden in any administrative or judicial
proceeding under the CtVA.
(ii) Incicle,~tal fallback is the redeposit
of small volumes of dredged material
that is incidental to excavation activity
in waters of the United States when
such material falls back to substantially
the same place as the initial removal.
Examples of incidental fallback include
soil that is disturbed when dirt is
shoveled and the back-spill that comes
off a bucket when Stich small volume of
soil or dirt falls into substantially the
same place from which it was initially
removed
The rtil.e was to go into effect on 16 Febil~y 2001. On 20 Janu~u.~t 2001 a memarartdum titled
"Regt>Zatory Re~riew Plan" delayed the effective date 60 days. The delay was published in the
FebruaT.y 16, 2001 Federal Register by the Assistant to the President and Chief of Staff. C+n 16
April 2001, acting on behalf of the Bush Administration, En~rironmental Protection Agency
Administrator Christie Todd Whitman endoiaed the 17 January p'ederaZ Register entry. The rule
went into effect on 17 Apri12001.
The new rule, which required that project-specific evidence shows that the activity results in only
incidental fallback, was published and activated over eight months prior to the writing of the No
Department of the Army Authorisation Requited form in Appendix A. Presumably the regulatory
specialist {Mr. Tom Walker) evaluated the specific project's impact likelihood in accordance with
the new rile. Since that document was provided, Ivlr. LtTilliam LtTescott and 1VIr. Tom Steffens
{Mr. Walker's replacements} have both verbally agreed with Mr. Walker's written statement that
the project is within USACE jurisdictional wetlands, but sand mining using a hydraulic dredge
does not require 404 permitting.
3.2 NCDE!'~+,R Wettanrl Unit
Na clear method is defined in state law that allows an applicant to obtain a permit far impact to
wetland standards that occur in wetlands subject to Section 404 of the Clean yt'aierAct {USACE
jurisdictional), unless a 404 permit is required. The 4(11 permitting process is directly associated
with the 404 process. Projects that do not require 404 permits cannot receive 401 permits {15A
NCAC 02H .0500 YYaterQuality Certijacatton}.
The only e~sting state law that allows for permitting of impacts to iT'etland Standards outside the
401 process is the Isolated i3~etland Rules { 15A NCAC 02H .1300), which regulate Discharges to
Isolated Getlands and bt'aters. B ecause the project will involve removal of material {sand} from
a U SALE jurisdictional wetland it cannot be permitted by D WQ using the isolated wetland rules.
The only route to make the project proceed, involves requesting an eYemptian from surface water
quality standards {15A NCAC 02B .0226). This rule allows the Environmental Iviariagement
Commission {EMC} to gzant trariances to water quality standards pursuant to G.S. 143-215.3{e}
General powers of Carntnissian and Department; auxiliary powers, G.S. 143-214.3 Revision to
GYater Quality Standards, ar G.S. 143-214.1 YYater; water quality standards and elassi~eations;
duties of Commission.
RJ G&A
ENVIRONMENTAL CONSULTANTS
800-407-0889 ~~v. RJGACarolina tom
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~von~Kirul~~keet ~°~Iine Exp~i pion Reduest for Exemption from Water Quality
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15A NCAC 02B .0226 EXENIPTIONS FRC7NI SURFACE
WATER QUALITY STANDARDS
Variances from applicable standards, re~risians to water quality
standards or site-specific water quality standards may be granted
by the Commission on a case-by-case basis pursuant to G.S.
143-215.3(e}, 143-214.3 ar 143-214.1. A listing of existing
vaaiances shall be maintained and made available to the public
by the Di~~isian. Exemptions established ptusuant to this Rule
shall be re~riewed as part of the Trieruual Review of Water
Quality Standaads conducted pursuant to 40 CFR 131.10(g}.
Nistory Note: Authority G.S. 143-214.1; 143-214.3;
143-215.3(e); E,,~' ©ctoberl, 1995.
3.3 C'©astal Area Man agement Act
NCDENR Division of Coastal Management administers the Coastal Area Management
Act (LAMA) in North Carolina's 20 coastal counties. Their regulatory officials have
visited the site on three occasions. After each field evaluation DCNI officials have stated
that the wetland in the proposed expansion area is not subject to their juaisdiction. The
most recent visit was by District Director Ted Sampson during a 26 May 2005 site visit.
Mr. Sampson indicated that the site vas not subject to CANIA jurisdiction. Cyndi Kaa~oly
(DWQ Wetlands Unit Supervisor} and Tom Steffens (cited above in the USACE section,
but emplyed by DWQ tAjashington Regional Field Office at the time} were also present
during Mr. Sampson's evaluation and statement of jurisdictional status.
4. ~ Mitigation Plan
Mitigation for the conversion of 6.16 acres of freshwater maritime grassland and
freshwater maritime shrub wetlands to freshv~Tater ponds will be provided pursuant to
North Carolina's isolated YYetlandRules (NCAC 15A 02H .1300}. used on the Review
of~lpplications section (02H .1305), mitigation for the converted 6.16 acres includes 0.95
acre of wetland restoration, 0.49 acre wetland creation, 30.65 acres preservation, and 4.75
credits from the NCEEP Fee In Lieu of Program (Appendix A). A consen~ation
easement xrill protect all mitigation areas from development and inappropriate use in
perpetuity (Appendix D}.
The proposed mine expansion site is located inside the Town of Avon between Portside
Drive and Staa~board Drive, on Hatteras Island, in Dare County North Carolina. The
wetland restoration/creation site is just north of Askins Creek Drive, east and west of
Askins Creek (75.51086 degrees west and 35.32693 degrees north}. The preservation
sites are located adjacent to the restoration/creation sites and west of the mine site,
betGVeen Portside Drive and Pamlico Sound. All of the mitigation sites are in U SGS
Cataloging Unit 03020105 (North Carolina Subbasin 03-01-55), between Pamlico Sound
a.nd the Atlantic Ocean.
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Upon completion, the restored and constructed wetlands will add function and value to
the existing brackish marsh on Hatteras Island's sound side. In addition to providing
additional wetland area, the removal of fill material on both sides of Askins Creek will
restore more frequent tidal influence to the adjacent brackish marsh, which grill
strengthen its existing function and value.
The conversion of maritime grassland to freshwater pond will have no impact to state or
federally protected species (Appendix h), historic, or archaeological sites (Appendix A}.
No toxic or hazaa-clous matei7als are kno~Tni from the area (Appendix D}.
4. ~ ~xistinb Conditions
x.1.1 Vegetation
4.1.1.1 Conversion
The wide northern portion of the permit expansion area is dominated by herbaceous
wetland vegetation typical of maritime grassland. The narrow, north/south-oriented
wetland in the southern portion of the expansion area is dominated by woody vegetation
and is typical of maritime slu-ut~ habitat c:Shafale and Ut~'eakly, 1990}.
Dominant species:
Apocynem cannabinem Indian hemp
Baccharis halimifolia groundsel-tree
Berchemia scandens
Corpus foemina swamp dogwood
Jlex vomitoria yaupon
Juncus effuses soft rush
Myrica cerifera wax myrtle
Osmunda crnnamomea cinnamon fern
fJsmunda regalis royal fem
Parfhanosysis quinquifolia Virginia creeper
Smilax bona-pox Greenbrier
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4.1.1.2 Preservation
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The 34.65 acres (6.13 mitigation units) to be preserved as part of the restoration are
dominated by black needle rush and sea ox-eye and are typical brackish marsh (Shafale
and Weakly, 1994). The southern portions of the preservation area that surround Askins
Creek are populated almost exclusively by black needlerush. The portions immediately
adjacent to Pamlico Sound are also dominated by black needlerush, except for narrow
strips at the water's edge, where big cordgrass dominates. Several areas that receive
more tidal influence ~t~ithin the sound-front areas are dominated by saltmeadow
cordgrass. These small strips are more-appropriately called salt marsh. Tidal influence
has resulted in considerable sand deposition in a number of these locations, but wetland
hydrology remains.
Maritime shrub borders both preservation areas' eastern boundaries. Woody vegetation
density decreases in the northern area to the west, until it is eliminated entirely near the
salt marsh edge. In the southern area woody stem density is lowest where the elevation is
lowest (i.e. between the eastern boundary and immediately adjacent to Askins Creek).
tAjoody stem density is also higher near the edges of the wetland restoration and creation
areas, Fvhere the elevation is higher.
Dominat species:
Borrichia frutescens sea ox-eye
Claclium jamaicense saw grass
Friocaulon parkeri Parker's pipewort
Hycirocotyle umbe!lata marsh pennywort
Juncus romerianus black needlerush
Myrica cerifera wax myrtle
Persia f~oroboina red bay
Saba! palmetto cabbage palm
Scirpus americanus Onley'sthregi-square
Spartina cynosuroicles big cordgrass
Spartina patens saltmeadow cordgrass
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Brackish Marsh
4.1.1.3 Cre~~tion
Brackish I~~Iarsh (Pamlico Sound)
The five small areas (0.49 acre) where small volumes of material will be removed are
relatively dry maritime shrub pockets dominated almost exclusively by cedar trees
between ten and 15 feet in height. Yaupon and wax myrtle are also present. Very little
herbaceous vegetation grows under the cedar canopy. Poisin itry and Virginia creeper
have created some dense stands in the uplancUG~retland boundary.
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4.1.1.4 Restoration
The restoration area that parallels Askins Creek is dominated by poison ivy, rose, and
blackberry. Cedar, red bay, groundsel, and wax myrtle are fairly dense along the
wetland/upland boundary.
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4.1.2 SOIL
4.1.2.1 Conversion
All soils in the mine expansion area are mapped as Duckston fine sand (USDA NRCS,
1992). Soils inside the wetland boundary match this type, with very dark grayish brown
(1 OYR 312) fine sand in the upper portion of the surface layer (1-4 inches below the
surface) and dark grayish brown (1 OYR 412) fine sand in the lower portion (2-10 inches
below the surface). ~~Vell decomposed organic material (muck) between one and five
millimeters deep is present at the surface inmost locations.
Approximately half of the soil inside the permit expansion boundary, and outside the
wetland boundary {approximately six acres), is more similar to the soil type immediately
west of the expansion area (Corolla fine sand). In these areas no muck is at the surface
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and the surficial layer is very pale brown (lOYR 714 from the surface to approximately
four inches and l OITR S14 below there}.
4.1.2.2 Preservation
Soils in the southern-most portion of the preservation area that surround the wetland
restoration and creation areas are mapped as Duckston fine sand. They are very similar
to the soils in the wetland portion of the permit expansion area described above, except
that they are wetter and have deeper muck in several locations.
Similarly, the Duckston fine sand mapped on the island side (east} of the northeastern
preservation area has a lot of woody vegetation and significantly more muck at the
surface than in the com~ersion area. It is otherwise quite similaa~.
Carteret sand is mapped on the sound (western} side of the northeastern preservation area
As the near entire lack of woody vegetation indicates, this soil has a higher salinity and is
more frequently tidally influenced than fia~rther east.
4.1.2.3 Creation
The 0.49 acre v~Tetland creation areas are also mapped as Duckston fine sand. Like the
portion of the Conversion Area described above, soils present in the wetland creation
areas are more likely to be Corolla fine sand hummocks. They have no muck and are
considerably lighter in the surficial layer.
4.1.2.4 Restoration
Soils in the 30.65 acres of the restoration area are mapped as Duckston fine sand, and
prior to deposition of dredge material from Askins Creek, they probably contained its
characteristics. Because of the sand's light color, elevation above the water table, and
lack of decomposed organic material it does not resemble Duckston fine sand.
4.1.3 HycirologylTopography
4.1.3.1 Conversion
Approximately half of the proposed mine expansion area (i. e. inside the wetland} is in
frequent contact ~srith the surficial freshwater aquifer. For nearly all of the year the soil is
saturated by freshwater v~rithin the top foot. Precipitation is therefore retained. There is
no surface connection between the proposed conversion area and any other wetlands and
waters. Presumably the fresh groundwater in the soil is connected below the surface to
the freshwater lakes north, east, and south of the site, as ~trell as the freshv~Tater wetlands
west of the site (across Portside Drive). Because of the Surficial hydrology, none of these
freshwater wetlands or ponds are subject to CAlL~1A jtu~isdiction (Figure2}.
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Tidal influence to surficial hydrology is limited, as evidenced by the abundance of salt-
intolerant plant species (e.g. soft rush and cinnamon fern), as well as the lack of regular
standing water.
The elevation of the wetland/upland boundary averages approximately 4.5 feet above
mean sea level. The middle of the wetland has the lowest elevation, approximately 3.5
feet above mean sea level. Just inside the wetland/upland boundary the elevation slopes
down quickly and most of the ~~~ etland is nearly flat. The elevation of the surrounding
upland «nthin the peanut e~parLSion area rises to between five and six feet.
The roads that surround the permit expansion area on all sides occupy the highest
elevation in the immediate vicinitST. The elevation of land across the roads also drops.
The roads therefore act as a watershed divide for precipitation and the resulting
stoinl`vater drainage. The expansion area acreage (11.22 acres) also defines the
~~~Tatershed.
4.1.3.2 Preservation
Hydrology in the preservation areas is influenced by tides, but the low average mean tide
level (4.45 feet (NQAA, 2446)) in nearby Rodanthe indicates that this is not a daily event
for most of the preservation area. Because the wetland preservation areas are further
from any inlet than Rodanthe, the daily rise in tide is likely to be even less.
As the vegetation discussed above indicates, surficial saltwater influence in the
preservation areas is significant. Not only does salt water often wash into most of the
northwestern preservation area during storm events, it likely dominates the groundwater.
The surficial freshwater aquifer that is present in the conversion area and the freshwater
wetlands across Portside Drive intersect saltwater in the soil somewhere near the
northwest preservation area's eastern boundary. Elevation in the northwest preservation
area rises from at or slightly below mean sea level at the western edge that borders
Pamlico Sound to an average of three feet above mean sea level along the eastern
boundary.
The southern portion of the preservation area that surrounds Askins Creek also has
significant tidal and thereby salt water influence, as evidenced by the vegetation
described above. Unlike the northwestern preservation area however, a contiguous
topographic slope does not connect the normal edge of water (creek bank} to the upper
limits of southern preservation area. The large dredge spoil piles that parallel the Askins
Creek (v~Tetland restoration areas) limit tidal influence to fairly significant storm surges.
4.1.3.3 Creation
The wetland creation areas occur inside the southern restoration area on pockets of
slightly drier soil with slightly higher elevation (less than one foot). They are high
enough over the surrounding restoration area to allow salt intolerant plant species to
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grow. Because they ~u~e sun~ounded by salt tolerant species, the groundv~Tater under them
is clearly at least brackish.
4.1.3.4 Restoration
The restoration area includes two dredge spoil piles that parallel Askins Creek along its
eastern and western limits. As stated in the description of the southern preservation area,
the topography of the spoil piles rises quickly above the surrounding marsh. They are
relatively uniform in cross section. The average elevation is five feet. As also stated
above, the influence of the sharp topographic rise on surrounding tidal influence is
significant.
4.1.4 ~~tTetland Function and Value
4.1.4.1 1~~Iaritime Grasslands
4.1.4. I.1 Water storage
Water storage in these communities is a value atypical of most barrier island habitats.
The thin organic subsurface layer facilitates water retention where adjacent sites are dry
This characteristic also provides for a diverse herbaceous community in an eco-region
Fvhere diversity is restricted by salt.
4.1.4.1.2 Sharetine Stabilization:
Maritime grasslands contribute nothing to shoreline stabilization. In a natural setting,
these communities are maintained by unstable shorelines, and adversely impacted by
shoreline stabilization acti~~ities.
4.1.4.1.3 P~lltstant Removal
The pollutant removal value of these sites is high, given the relative ineffectiveness of
surrounding environs to provide this function. With residential and commercial
development, la~~~rt maintenance and treatments, and transportation corridors nearby,
these sites maybe the best suited to provide some level or pollutant removal.
The thin organic layer which provides both moisture retention and a food source for
herbaceous plant communities, also provides some pollutant retention. The variety of
herbaceous plants in these sites assimilate pollutants and provide resistance to sediment
transport.
4.1.4.1.4 Wilclli fe lrabitat:
Wildlife inhabiting these areas is sparse, but typically unique. No vertebrate species are
known to rely exclusively on these habitats. Several insects are known to exist
exclusively in these areas, including a rare tiger beetle (Cicindella lrifasciuta rxscendens},
a dragoittly (~ncrx longues), anti a yet ttndescribed~nn°ytono~sis butterfly (NHP 1993;
NC Parks ~[~ebsite: httn:~'"~'~~~~~~~~'.nesn~-ks.neb'r~insecnirnaQe~lrna~9.ndf).
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4.1.4.1. S Aquatic Life i~alue
Maritime wet grasslands contribute little to aquatic life value. Amphibians are intolerant
of saline environments, and the periodic influence of salt water precludes their
occupation of these sites. These areas are not flooded for any length of time that would
pro~ride suitable spawning, feeding, or nursery areas for fish. Invertebrate communities
in maritime wet grasslands are not well documented or studied, and an assessment of
these sites in terms of value to invertebrates cannot be made.
4.1.4.1.6 Recreation and ~dueation:
Wildlife inhabiting these areas is spaa~se, but typically unique, which provides the dual
value of educational and recreational opportunities. These communities are increasingly
rare in the barrier island landscape, and their persistence is threatened by development
activities, rising sea levels, and shoreline stabilization. The educational value of these
habitats is unique and should be given considerable weight in valuing these sites.
4.1.4.2 Brackish Marsh
4.1.4.2.1 Water storage:
The brackish marsh's role in floodwater retention and buffering adjacent habitats from
frequent inundation is invaluable. The public safety, health, and general vrelfare benefit
greatly from these habitats because of their water storage potential.
4.1.4.2.2 x5'hvreline Stahilizati~n:
Brackish marshes are essential to shoreline stabilization. They buffer more sensitive
adjacent sites $-om tidal fluctuations that would other rise expose vast areas to erosion
and flooding.
4.1.4.2.3 Pollutant Removal:
Brackish marshes provide exceptional sediment trapping functions. However, the
deposition of excess sediment into these habitats is detrimental to their health and
continued productivity. Because of tidal influences and regular flooding, nutrient inputs
to these habitats are generally substantial. This contributes greatly to their productivity.
The numerous mollusks and invertebrates supported by these habitats also provide
chemical and biological pollutant removal and sequestering. This function is critical to
preserving water quality in coastal habitats and fishery productivity.
4.1.4.2.4 WiZdl2fe hab2tat:
Few habitats on the Atlantic coast provide wildlife benefits comparable to brackish
marshes. Although extremely limited in terms of vegetation diversity, these areas
provide essential benefits to marine and coastal species. These include shore and wading
birds and numerous species of mollusks and invertebrates. These areas also provide a
food source and refuge from predation to young fishery species.
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4.1.4.2. S Aquatic Life i~atue
No amphibians are known to inhabit brackish marsh wetlands, as they are intolerant of
salinit~T. However, the life value to fishery and invertebrate species would be difficult to
accurately quantify. Very few plants are capable of tolerating the tidal and saline
influences experienced by these communities. As such, only a few species can sunrive in
these situations, several of tivhich occur exclusively in these areas. These include black
needle rush, several cord grasses, and saw grass.
4.1.4.2.6 Recreation and Education:
Although these habitats can be locally rare, they are widespread and accessible to most
residents of North Carolina. There is no shortage of educational materials available to
the public with regard to the importance of brackish marshes. However, the local
benefits of re-establishing this habitat in Avon would provide educational benefits to its
residents. Recreational benefits that these habitats are secondary benefits, such as
preservation of productive fisheries and maintenance of local water quality.
4.2 Pr©flased 1t~1©difictxti©ns
4.2.1 Planting Plan
4.2.1.1 Conversion
Sand will be removed from inside the proposed expansion area to an average depth of 25
feet. This ~tnll convert most of the 6.16 acres of the existing maritime grassland wetland
into a freshwater pond with 4:1 slopes at its outside boundaries {Figure 3). Because
excavation will extend into uplands in most places, terrestrial plants will be eliminated
from nearly all wetlands. After final removal of material from the stockpile and haul
road areas, upland vegetation will be planted, pursuant to the reclamation plan that must
be approved as part of the DLR approved mine expansion permit.
4.2.1.2 Preservation
The 30.65 acre preservation areas will be protected in perpetuity under a conservation
easement {Appendix D). This will protect the brackish marsh estuarine habitat that
provides the wetland functions and values described above from future development.
While future deposition of fill material into these areas is unlikely, dock construction or
navigational channel dredging and creation pose significant threats to these important
ecosystems. The conservation easement, tlu~ough land use restx7ctions, will maintain the
quality and continuity of these areas' dominant vegetation in perpetuity.
During wetland restoration and construction, vegetation `dugs" will be manually
collected in the preservation areas and their adjacent brackish marshes. Collection sites
will be spaced at least 100 feet from one another.
The plugs, which v~rill average five inches in diameter and extend approximately ten
inches belo~~F the stu~face, ~~~ill be harvested manually using "sharp shooter" shovels,
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"bulb hounds," or similar hand-held equipment. No more than 100 cubic inches of root
and soil will be removed from each site. Prior to removal, live stems and leaves will be
trimmed to within 12 inches of the surface to prevent evapotranspiration, which will
maximize survival. Because of the strong rhizomatous and stoloniferous nature of the
plant materials to be collected, their strong colonization ability, and the wide space
between collection sites, no negative impact to vegetation will occur.
4.2.1.3 Creation
Prior to removal of surface sand, the cedar-dominated dry maritime shrub vegetation will
be removed. Because many of these species can tolerate braclash water, many of those
near the boundary of wetland creation and the existing brackish marsh will be left intact.
In the creation areas' internal "high spots," where preconstruction plant removal will be
necessary, two rhizomatous (black needlerush and Onley'stbree-square) and one
stoloniferous species {marsh pennywort) of locally collected stock will be planted per
square meter. The plants will be harvested from the adjacent preservation area and
immediately transferred to the creation areas. Because of its local dominance and strong
rhizomatous natZ~~e, black needle lush will be the most densely transplanted species.
4.2.1.4 Restoration
All existing vegetation will be removed from the areas to be excavated. Because the
elevation of the restoration area tivill be significantly reduced, and a grade re-established
between Askins creek anci the upland boundary to the east, little of the woody vegetation
surrounding the boundary will remain.
Similar to the creation areas, locally harvested rhizomatous indi~riduals will be planted in
the restoration area. Because the restoration area's primary function is to re-establish a
more direct hydrologic connection between Askins Creek and the portion of the
preservation area to its east, black needleiush v~rill be the dominant species planted.
4.2.2 Soil
4.2.2.1 Conversion
Soils in the conversion area will be removed using a hydraulic dredge, dewatered and
stockpiled on adjacent uplands and ultimately transported offsite for use on dune
restoration projects on Hatteras National Seashore. The remaining soil surt~ounding the
nev~Tly-created freshwater pond will retain it's pre-conversion characteristics. Because of
it's relatively course texture, soils around the excavation area, as well as those under the
stockpile and dewatering areas, v~rill not be significantly compacted. Aside fi~om mine
closure grading, no remedial action Gtnll be necessary after mine closure.
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4.2.2.2 Preservation
No change to existing soil conditions will occur in the preservation area. Sites where
native plant materials will be harvested for use in the creation and restoration areas will
be spaced at least 104 feet apart and remove less than 140 cubic inches of the top ten
inches of soil per haavest site. No negative impact to existing soils will occur.
4.2.2.3 Creation
Because the creation areas' elevations are all less than a foot higher than the adjacent
marsh (preservation area), very little soil will need to be removed from the five sites
(0.49 acre). Should vegetation plugs and natural colonization from surrounding plants
fail to succeed, organic "overburden" from the mine expansion area will be spread
throughout the creation areas.
Because the creation and restoration sites will be part of the same project and together
they urill remove material from (disturb} more than an acre, a DLR-approved
sedimentation and erosion control plan will be followed (Figures 3 and 5}. This will
assure that no material is deposited into the existing brackish marsh.
4.2.2.4 Restoration
The dredge spoil piles that parallel Askins Creek v~nll be removed from the wetland
restoration areas. This material will be removed using a trackhoe and transported to the
mine expansion area's spoil pile. If the material is determined to be appropriate for dune
restoration in Hatteras National Seashore it ~.nll be added to the mine's stockpile.
Because the rhizomatous species described in the planting plan, especially black
needlerush, are successful colonizers of newly deposited sand with little or no organic
material and very low nutrients, no soil amendments will be added. Should ongoing
qualitative vegetation evaluation and quantitative monitoring indicate that transplants and
adjacent colonizers are not succeeding, soil amendments v~rill be evaluated.
4.2.3 HydrologyiTopograph~T
4.2.3.1 Conversion
After the removal of material from the mine expansion area, 6.16 acres will be converted
from an herbaceous freshwater wetland to a freshwater pond that averages 25 feet in
depth. Because the surficial hydrology is not connected to any other wetlands or waters,
and the elevation of adjacent uplands will be several feet higher than the pre-conversion
soil sua~face, no impact to stormwater accumulation or storage is ~ulticipated.
This statement is supported by the large ponds south of the expansion area. They are
approximately 20 acres in size and have never experienced overflov~T of freshwater from
stoi7n events. On the contrary, storms with large anlotults of rainfall usually have high
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A~~orL~Kirul~~keet ~°~Iine Exp~i pion Request for Exemption from Water Quality
St~~nci~~rds
winds, which increase the surface saltwater inflow during storm surges from Pamlico
Sound.
4.2.3.2 Preservation
Hydrology in the north~vestein portions of the preservation area unll not be affected by
the project.
Much of the southeastern portion of the preservation area will receive storm surge waters
more frequently than now. After the dredge spoil deposited on the 4.95 acre restoration
site is removed, the area will retw.n to its natural condition, with frequent, short-lived
tidal influence.
4.2.3.3 Creation
After material is removed, elevations of the wetland creation areas will be reduced by a
foot or less and average three feet above mean sea level. This slight reduction in
topography will put the root zone in contact v~rith the brackish water present in soil at the
surface in the surrounding wetlands.
=1.2.3.4 Restoration
In the restoration areas dredge spoil will be removed from 0.95 acre, and a slight slope
from Askins Creek to the adjacent brackish marshes will be restored. This will allow the
preservation area to get more frequent tidal influence from water that will washe over and
through the restoration areas. The sides closest to Askins Creek will be reduced to
approximately one foot above mean sea level and the sides fiu-thest from Askins Creek
will be reduced to approximately 1.~ feet above mean sea level. Both sides of the
restoration area average ~0 feet wide. Therefore, a 0.58 percent slope will be restored
between the creek anci the adjacent brackish marsh.
4.3 h~onit©ring
Vegetation and hydrology in the restoration and creation areas will be monitored for five
consecutive years to ensure success. Remedial action v~rill be taken if success is not
realized in monitoring years one through four. If the standards described below are not
met by the fifth year, remedial action tijrill be taken and monitoring urill be extended until
they are met.
4.3.1 Vegetation
Total and relative vegetation cover and density will be monitored annually near the end
of the growing season for five consecutive years in the restoration and creation areas and
the adjacent preservation treference) areas. Planting success will be qualitatively
evaluated throughout the year and after severe storm events.
~ ~ ~
•
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~von~Kirulakeet ~°~Iine Expansion Request for Exemption from Water Quality
Stanci~~rds
Vegetation cover will be measured using randomly located tv~To by two meter plots. In
order to quantitatively evaluate 2.5 percent of the restoration and creation areas, 37 plots
will be used. To maintain consistency, none of the randomly generated monitoring plot
locations will be within five meters of one another. When the plot location is identified
in the field using sub-meter GPS, each two by two meter plot will be oriented with the
southwestern. corner on the actual location. From this location, the plot will be aligned
square Knth north, south, east, and west.
Each square plot trill be constructed of PVC tube ~trith steel ~rire dividing it into 36
symmetrical squares. tegetation cover will be recorded by recording the species present
under the intersection of each pair of titrires (25 total). If no vegetation is present at a
given point, bare ground, litter, standing dead, or water will be recorded. The
southeastern quarter of each plot (one square meter) will be used for density
nlea~l]reIIleIlt~.
Vegetation Monitoring Plot
2 meters
~,
N
i
i
i
N
To be successful, total native vegetation cover and stem density values for the restoration
and creation areas will be at least 80 percent of those from the reference area. If these are
not met, or if gl~alitative evaluation indicates significant mortalit~T, connective action will
be taken.
4.3.2 Hydrology
To insure that topographic adjustment in the restoration and creation areas was sufficient
to restore similar hydrology as the surrounding conservation (reference) areas, a transect
of pressure transducers will be installed in four 30 inch deep monitoring v~Tells (Figure 3).
The transducers will be set to record water depth every two hours, which will allow a
realistic assessment of daily tidal influence in the restoration and creation areas as well as
the preservation {reference) area. This short data collection interval will also make the
~ ~ ~
•
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~vorL~Kirulakeet ~°~Iine Expa pion Request for Exemption from Water Quality
St~~nci~~rds
evaluation of storm surge influence possible. Typically, wetland hydrology requires soil
saturation in the upper tulelve inches for at least 12.5 percent of the grovring season.
Considering the 294 da}J growing season calculated by the North Carolina Climate
Office, a successful restoration of wetland hydrology would require 36.25 consecutive
days with water (saturated soil} in the top 12 inches.
Because the monitoring well to be placed in the restoration area will be between ttivo
reference wells (1 and 2} and lower in elevation that two monitoring wells (2 and 3)
hydrologic success criteria will be either 12.5 percent of the growing season (37
consecutive days} or 84 percent of the average frequency for all reference wells, which
ever is greatest.
~ ~ ~
•
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Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
Executive Summary
In September 2001 Avon/Kinnakeet Mine, LLC submitted an application for expansion
of its North Carolina Division of Land Resources (DLR) sand mining permit 28-16.
Sand from the proposed expansion area would supply the North Carolina Department of
Transportation (NCDOT) material approved by the US Park Service for dune restoration
in Cape Hatteras National Seashore along North Carolina Highway 12 on Hatteras and
Ocracoke islands. Sand from the mine was used for dune restoration north of Buxton in
2004. NCDOT board member and Dare County Board of Commissioners Chairman Stan
~A~hite has written letters in support of the proposed expansion because of the strong
public need for material from the site. Providing Park Sen~ice approved material fiom
the proposed permit expansion area is the only realistic way to meet NCDOT's need.
The permit application was reviewed by DLR and distributed for interagency review to
the North Carolina Division of Water Resources, Water Allocation Section; the US Fish
and Wildlife Service; the State Historic Preservation Office; the North Carolina Division
of Marine Fisheries; the North Carolina Wildlife Resources Commission (WRC); and the
North Carolina Division of ~?Vater Quality, Wetlands Section (DWQ). On-site evaluation
by the North Carolina Division of Coastal 1Vlanagement (DCIVI}, WRC, and DLR was
conducted during September 2001. DCM confirmed that it did not have Coastal Area
Management Act (LAMA) jurisdiction over the wetland in question.
All comments have been addressed, except D~A~Q's regarding violation of North Carolina
Water Quality Standards. DWQ (John Dorney) indicated that to meet Water Quality
Standards the removal of material from wetlands would require permitting through
sections 4D4 and 4DI of the Clean T~aterAct, or the state Isolated T~lretland Rules.
The L1S Army Corps of Engineers conducted a site visit during December 2001 and
signed a IVo Department of the Army Authorization Required form that stated that The
proposed action does not Dave a regulated impact on jug°isdictional waters or wetlands.
Because no Section 404 permit is required by USAGE for the proposed action, no Section
4Q1 permit application can be reviewedlaccepted by D~~4~Q. Since the wetland, but not
the action, is subject to USAGE jurisdiction, an Isolated Wetland Permit cannot be
requested from DWQ.
The project is in a permitting conundi-~im.
Because of the strong public need for the project, an Exemption from T~ater duality
Standards is requested, pursuant to 15A NCAC 02B .0226. In order to satisfy Dt74~Q's
concerns regarding impacts to water quality this request will confornl to the current
Isolated i~T'etland Rules, if the exemption is approved by the North Carolina
Environmental Management Commission (EMC). Pursuant to the rules, impacts to the
USAGE jurisdictional ~~~etland will be mitigated at a 2:1 ratio.
Page 1 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
The mitigation will include 4.95 acre of brackish marsh wetland restoration, 0.49 acre of
brackish marsh wetland creation , 4.75 acres of non-riparian wetland credit from the
North Carolina Ecosystem Enhancement Program, and 30.65 acres of brackish and salt
marsh presen~ation (6.13 mitigation credits). The use of "out-of-kind" mitigation will
increase the number and level of wetland functions, «~hich «~ill enhance ~~7etland value
more than "in-kind" mitigation.
Page 2 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
Executive Summary ........................................................................................................... . 1
1.U Background ............................................................................................................ . ~
2.0 Review Comments ...................................................................................................... . b
2.1 Division of Water Resources, Water Allocation Section -Blake Rouse and Nat
Wilson ............................................................................................................................ . b
2.2 LJS Fish and ~?Vildlife Service (USFWS)- Garland Pardue .................................... . b
2.3 State Historic Preset•~~ation Office -Rene Gledhill-Early for David Brook.......... . 7
2.4 Division of Land Resources, Land Quality Section -Bill Crew ........................... . 7
2.~ NC Wildlife Resources Commission -William «'estcott .................................... . 7
2.b NC DWQ Wetlands Section -John Dorney .......................................................... . 7
3.0 Jurisdictional Authority .............................................................................................. . 7
3.1 US Army Corps of Engineers ................................................................................. . 7
3.2 NCDENR tAjetland Unit ......................................................................................... . 8
3.3 Coastal Area h'Ianagement Act ............................................................................... . 9
4.D Mitigation Plan ............................................................................................................ . 9
4.1 Existing Conditions ................................................................................................ 10
4.1.1 Vegetation ....................................................................................................... 10
4.1.1.1 Conversion ............................................................................................... 10
4.1.1.2 Preservation .............................................................................................. 11
4.1.1.3 Creation .................................................................................................... 12
4.1.1.4 Restoration ............................................................................................... 13
4.1.2 Soil .................................................................................................................. 13
4.1.2.1 Conversion ............................................................................................... 13
4.1.2.2 Preservation .............................................................................................. 14
4.1.2.3 Creation .................................................................................................... 14
4.1.2.4 Restoration ............................................................................................... 14
4.1.3 Hydrology/Topography ................................................................................... 14
4.1.3.1 Conversion ............................................................................................... 14
4.1.3.2 Preservation .............................................................................................. 15
4.1.3.3 Creation .................................................................................................... 15
4.1.3.4 Restoration ............................................................................................... 1 b
4.1.4 Wetland Function and Value .......................................................................... 16
4.1.4.1 Maritime Grasslands ................................................................................ 1b
4.1.4.1. l Water storage ..................................................................................... 1b
4.1.4.1.2 Shoreline Stabilization :..................................................................... 1b
4.1.4.1.3 Pollutant Removal .............................................................................. 1b
4.1.4.1.4 ~~4'ildlife habitat :................................................................................ 16
4.1.4.1.5 Aquatic Life Value ............................................................................ 17
4.1.4.1.& Recreation and Education :................................................................ 17
4.1.4.2 Brackish Marsh ...................................................................................... 17
4.1.4.2.1 Water storage :................................................................................... 17
4.1.4.2.2 Shoreline Stabilization :..................................................................... 17
4.1.4.2.3 Pollutant Removal :............................................................................ 17
4.1.4.2.4 Wildlife habitat :................................................................................ 17
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Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
4.1.4.2.5 Aquatic Life Value ............................................... ............................. 18
4.1.4.Z.b Recreation and Education :................................... ............................. 18
4.2 Proposed Modifications ............................................................ ............................. 18
4.2.1 Planting Plan ...................................................................... ............................. 18
4.2.1.1 Conversion .................................................................. ............................. 18
4.2.1.2 Preservation ................................................................. ............................. 18
4.2.1.3 Creation ....................................................................... ............................. 19
4.2.1.4 Restoration .................................................................. ............................. 19
4.2.2 Soil ..................................................................................... ............................. 19
4.2.2.1 Conversion .................................................................. ............................. 19
4.2.2.2 Preservation ................................................................. .............................20
4.2.2.3 Creation ....................................................................... .............................20
4.2.2.4 Restoration .................................................................. ............................. 20
4.2.3 Hydrology,!`Topography ...................................................... .............................20
4.2.3.1 Conversion .................................................................. ............................. 20
4.2.3.2 Preservation ................................................................. .............................21
4.2.3.3 Creation ....................................................................... .............................21
4.2.3.4 Restoration .................................................................. ............................. 21
4.3 l~Ionitoring ................................................................................ ............................. 21
4.3.1 Vegetation .......................................................................... .............................21
4.3.2 Hydrology .......................................................................... ............................. 22
Figure 1. General Location
Figure 2. Wetland Boundaries
Figure 3. Mitigation Plan
Figure 4. Mine Expansion -General Location
Figure 5. Mine Expansion -Plan
Figure 6. Mine Expansion -Typical Section
Appendix A -Agency and DOT Corl•espondence
Appendix B -Protected Species, Dare County
Appendix C -Alternatives Analysis
Appendix D -Model Conservation Easement
Appendix E -Hazardous Substance Search
Page 4 of 23

AvorL~Kirulakeet ~°~Iine Expa pion-Request for Exemption from Water Quality
Stanci~~rds
1.0 Background
On 11 September 2441 the Avon/Kinnakeet Mine, LLC (the applicant) submitted an
application to the DLR to expand their existing permit 28-16 to include an additional
11.62 acres. The proposed expansion area is located west of NC 12 in the Town of Avon,
on Hatteras Island, in Dare County North Carolina (75.51414 degrees west and 35.33755
degrees north, Figure 1). It is in US Geological Survey (LTSGS) Cataloging Unit
03020145 (North Carolina Subbasin 43-O1-55} (Figure 1).
Material from the original mine and the expansion area has been quantitatively evaluated
by the NCDOT Division of Highway Materials and Tests Unit's Soils Laboratory. The
lab results were presented to US Park Service, who approved the material for use in dune
restoration on Hatteras National Seashore. Approximately 234,444 cubic yards of
material from an immediately adjacent site (NCDOT Borrow Pit) was used in the NC 12
Relocation/Buxton Dune Replacement project in 2444.
.~ ~ ~, r
i. - J 'F
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),': j" .> !~ y ~d~ ~ ~ ~ `q` ~ '1 i .~~~' / Fir, f-~p'%
~'* ~ - r. ,
~,
`~
Burton Dune Restoration Completed in November 2004
(11,150 linear feet, photo 11~Ta3 2005)
The permit application was reviewed by DLR Land Quality and circulated for inter-
agency review. Review comments vTere received in late 2441 and early 2442.
The US :~7ny Corps of Engineers (USAGE, William T. Walker) conducted a site visit
during December 2441 and signed a RjQ Depcar^l~nent of the ArmyAuthorizationRequired

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
form that stated that Tl~e proposed action does not have a regulated impact on
jurisdictional waters or wetlands. A subsequent meeting and a Jurisdictional
Determination (JD) site visit with Nlr. Walker's replacement, William Wescott,
confirmed that the subject ls~etland teas subject to USACE jurisdiction, but the removal of
material (sand mining) from the ~s-•etland was not. Mr. Wescott's replacement, Mr. Tom
Steffens (formerly Dt~'Q's t~'ashington Regional Office Regulatory Specialist for Dare
County), provided a signed JD for the proposed expansion area, as well as an on-site JD
confirmation for proposed preservation areas (Figure 2).
Because no Section 404 permit is required by USACE for the proposed action, no Section
401 permit application can be reviewed/accepted by DWQ. Since the wetland, but not
the action, is subject to USACE jurisdiction an Isolated YUetland Permit can not be
requested from Dt?VQ.
2.0 Review Comments
Comments received in response to the mining permit expansion application are
summarized in the "bullets'' below. Responses are below each comment in a different
font. Copies of the original response letters are in Appendix A.
21 Division of Water Resources, Water Allocation Section -Blake Rouse
and Nrrt l~lson
•"should not have an unduly adverse effect on ground water supplies"
2.2 US Fish and Wi~llife Service (Z~SFWS}- Garland Pardue
• Coastal Barrier Resources System Unit L03 Impacts
In a response to an inquiry about USFWS jurisdiction over the proposed permit
expansion area, Pete Benjamin stated that "The proposed expansion area is
near the boundary of Unit Loa if the CBRS. This office coordinates
determinations with determinations of sites near CBRS units with our
Washington, DC, office. Our Washington {office has determined that the
expansion area shown in your pdf file is not within the CBRS, specii:lcally Unit
La3."
• Wetland Impacts - requires Corps permit, no avoidance, minimization, or
mitigation provided
Removal of material is not Corps jurisdictional (Appendix A). On-site and fee-in-
lieu of mitigation will be provided, in accordance with the Isolated Wetland Rules
15A NCAC 2H.1300. Avoidance and minimization (alternatives analysis} are
summarized in Appendix C.
• Saltwater Intrusion Potential
Flora and fauna of adjacent lakes formed as part of the original mining permit do
not indicate saltwater intrusion into the surf'icial freshwater aquifer.
Page 6 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
• Water Table Draw Down and Resulting Impacts To Live yak Forest
As stated in the DWR response {above), removal of material "should not have an
unduly adverse effect on ground water supplies."
2.3 State Historic Preservation Office -Rene Gledliill-Early for David
Brook
•"...it is unlikely that any archaeological sites ...will be affected..."
•no archaeological survey recommended
2.4 Division of Land Resources, Land Quality Section -Bill Ct ew
.general mine characteristics, maps, natural resource protection, reclamation
plan
A revised expansion that addresses all comments, and makes appropriate
changes to the permit will be submitted to DLR, pending EMC's ruling.
2.5 NC Wildlife Resources Commission - Williafn Westcott
•"«~e are opposed to the destruction of wetlands without adequate mitigation"
Mitigation that satisfies the lsolated Wetland Rules will be provided, pursuant to
EMC's ruling.
• protected species
No impacts to state or federally protected species are anticipated (Appendix B).
2.6 NC DWD Wetlands Section - .john Dorney
•"this activity will violate wetland standards by altering natural hydrology"
Any impacts to natural hydrology will be mitigated as described in the Mititgation
Plan.
•"this change can only be done in the context of a 40I certification or an
Isolated Wetland Permit"
The wetlands are USAGE jurisdictional. The action is not and does therefore not
have access to 401 permitting or the Isolated Wetland Rules. Pursuant to this
hearing's outcome, mitigation will be provided in accordance with the !solated
Wetland Rules.
3.0 Jurisdictional Authority
3.1 US Army Corps o f Engineers
Pursuant to the Washington D.C. U. S. District Court's 23 January 1997 decision regarding the
repeal of the "Tulloch Rule," the USAGE does not have jurisdiction over the "incidental backfill"
associated with dredging in jurisdictional wetlands. In the 17 January 2001 Federal Register the
Page 7 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
USACE and EPA published a new, final rule regarding their jurisdiction over "incidental
bael~ill" in wetlands.
(2)(i) The Corps and EPA regard the
use of mechanized earth-moving
equipment t0 conduct landclearing,
ditching, channelization, in-stream
mining or other earth-mo~~ing activity in
waters of the United States as resulting
in a discharge of dredged matelial
unless project-specific evidence shows
that the activity results in only
incidental fallback. This paragraph (i)
does not and is not intended to shift any
burden in any administrative or judicial
proceeding under the Cbb'A.
(ii) Iractdentcal fallbaack is the redeposit
of small volumes of dredged matelial
that is 1I1C1deIltal t0 eXCaVat10I1 actlGlt}r
in waters of the United St<ltes Gvhen
such material falls back to substantially
the same place as the initial removal.
Examples of incidental fallback include
soil that is disturbed when dirt is
shoveled and the back-spill that comes
off a bucket when such small volume of
soil or dirt falls into substantially the
same place from which it was initially
removed.
The rule was to go into effect an 16 February 2001. On 20 January 2001 a memaranduin titled
"Regulatory Review Plan" delayed the effective date 60 days. The delay was published in the
February 16, 2001 Federal Register by the Assistant to the President and Chief of Staff. On 16
Apri12001, acting on behalf of the Bush Adrninistratian, Environmental Protection Agency
Administrator Christie Todd Whitman endorsed the 17 January Federal Register entry. The rule
went into effect an 17 Apri12001.
The new rule, which required that project-specific evidence shows that the activity results in only
incidental fallback, was published and activated over eight months prior to the writing of the No
Department of the ArmyAuthorization Required form in Appendix A. Presumably the regulatory
specialist (Ivlr. Tom VG'alker) evaluated the specific project's impact likelihood in accordance with
the new rule. Since that document was provided, Mr. William Wescott and Mr. Tom Steffens
(NIr. Walker's replacements) have bath verbally agreed with A~Ir. Walker's written statement that
the project is within USACE jurisdictional wetlands, but sand mining using a hydraulic dredge
does not require 404 permitting.
3.2 NCDENR Wetlc~~id Unit
No clear method is defined in state law that allows an applicant to obtain a permit for unpact to
wetland standards that occur in wetlands subject to Section 404 of the Clean YiTater Act (USACE
jurisdictional), unless a 4t?4 permit is required. The 401 permitting process is directly associated
with the 404 process. Projects that do not require 4D4 permits cannot receive 40I permits (15A
NC AC 02H .0500 Water Quality Certification).
Tlie only existing state law that allows for permitting of impacts to YVetland Standards outside the
401 process is the Isolated Wetland Rules (15A NCAC 02H .1300), which regulate Discl2arges to
Isolated Wetlands and Waters. Because the project will involve removal of material (sand) from
a USACE jurisdictional wetland it cannot be permitted by DR~'Q using the isolated wetland rules.
The only route to make the project proceed, involves requesting an exemption from surface water
quality standards (15 A NCAC 02B .0226}. This rule allows the Environmental Management
Commission (EMC) to grant variances to water quality standards pursuant to G.S. 143-215.3(e)
General powers of Cora2~azission and Department; auxiliary prnvers, G.S. 143-214.3 Revision to
Water QualitJ~ Standards, or G.S. 143-214.1 Water; water quality standards and classifications;
duties of Cornrnission.
Page 8 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
15A NCAC 02B .0226 EXEMPTIONS FROM SURFACE
WATER QUALITY ST.~INDARDS
Variances from applicable standards, revisions to water quality
standards orsite-specific water quality standards may be b •anted
by the Commission on a case-by-case basis pursuant to G.S.
143-215.3(e), 143-214.3 or 143-214.1. A listing of existing
variances shall be maintained and made available to the public
by the Division. Exemptions established pursuant to this Rule
shall be reviewed as part of the Triennial Review of VSlater
Quality Standards conducted pursuant to 40 CFR 131.10(g).
History Note: Authority G.S. 143-214.1; 143-214.3;
143-215.3(e); Eff. C)ctober 1, 1995.
3.3 Coastal Area Management Act
NCDENR Division of Coastal Management administers the Coastal Area Management
Act (CAII~IA) in North Carolina's 20 coastal counties. Their regulatory officials have
visited the site on tluee occasions. After each field evaluation DCIVI officials have stated
that the wetland in the proposed expansion area is not subject to their jurisdiction. The
most recent visit was by District Director Ted Sampson during a 26 May 2005 site visit.
Mr. Sampson indicated that the site was not subject to LAMA jurisdiction. Cyndi Karoly
(D«~'Q «~'etlands Unit Supervisor} and Tom Steffens (cited above in the USAGE section,
but emplyed by DWQ Washington Regional Field Office at the time} were also present
during IVIr. Sampson's evaluation and statement of jurisdictional status.
4.0 Mitigation Plan
Mitigation for the conversion of 6.16 acres of freshwater maritime grassland and
freshwater maritime shrub wetlands to freshwater ponds will be provided pursuant to
North Carolina's Isolated Wetland Rules (NCAC 15A 02H .1300). Based on the Review
ofApplications section (02H .1305), mitigation for the converted 6.16 acres includes 0.95
acre of wetland restoration, 0.49 acre wetland creation, 30.65 acres preservation, and 4.75
credits from the NCEEP Fee In Lieu of Program (Appendix A). A conservation
easement will protect all mitigation areas from development and inappropriate use in
perpetuity (Appendix D).
The proposed mine expansion site is located inside the To~~-~n of Avon bet«-~een Portside
Drive and Starboard Drive, on Hatteras Island, in Dare County North Carolina. The
wetland restoration/creation site is just north of Askins Creek Drive, east and west of
Askins Creek (75.51086 degrees west and 35.32693 degrees north). The preservation
sites are located adjacent to the restoration,~`creation sites and west of the mine site,
between Portside Drive and Pamlico Sound. All of the mitigation sites are in USGS
Cataloging Unit 03020105 {North Carolina Subbasin 03-01-55), bet~~~een Pamlico Sound
and the Atlantic Ocean.
Page 9 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
Upon completion, the restored and constructed wetlands will add function and value to
the existing brackish marsh on Hatteras Island's sound side. In addition to providing
additional wetland area, the removal of fill material on both sides of Askins Creek will
restore more frequent tidal influence to the adjacent brackish marsh, which will
strengthen its existing function and value.
The conversion of maritime grassland to freshwater pond will have no impact to state or
federally protected species (Appendix B}, historic, or archaeological sites {Appendix A).
No toxic or hazardous materials are kno~~~n from the area (Appendix D).
41 Existing Conditions
4.1.1 ~%egetation
4.1.1.1 Con`7ersion
The «Tide northern portion of the permit expansion area is dominated by herbaceous
wetland vegetation typical of maritime grassland. The narrow, north/south-oriented
wetland in the southern portion ofthe expansion area is dominated by woody vegetation
and is typical of maritime shrub habitat (Shafale and V4'eakly, 199Q).
Dominant species:
Rpocynum cannabinem Indian hemp
Baccharis hatimifolia groundsel-tree
Berchemia scandens
Comes foemina swamp dogwood
liex vamitoria yaupon
Juncos effuses soft rush
Myrica cerifera wax myrtle
Osmenda cinnamomea cinnamon fern
Osmunda regatis royal fern
Parthanosysis quinquifolia Virginia creeper
Smilax bona-nox Greenbrier
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~von~Kirul~rkeet ~°~Iine Exp~~ pion-Request for Exemption from Water Quality
St~rnci~rrds
~~+ ~ ~ yr f. '~fi~'~ ` ~~F+. 3
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tt,tr Wy + is } r
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Ci' $ ti' 1" '
Nlaiitime grassland
4.1.1.2 Preservation
•Oa ~y~~1
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S ~ .'L-Y ~ ~J ~;
+~~ 6' /.
,..: ~F
"y1 ~" : ~Plr
~ t „i td
rt:
Nlaiitime lu-ub
The 34.65 acres {6.13 mitigation units) to be preserved as part of the restoration are
dominated by black needle rush and sea ox-eye and are typical brackish marsh {Shafale
and Vijeakly, 1994). The southern portions of the preservation area that surround Askins
Creek are populated almost exclusively by black needlerush. The portions immediately
adjacent to Pamlico Sound are also dominated by black needlerush, except for nai7ow
strips at the water's edge, where big cordgrass dominates. Several areas that receive
more tidal influence ~t~ithin the sound-front areas are dominated by saltmeadov~T
cordgrass. These small strips are more-appropriately called salt marsh. Tidal influence
has resulted in considerable sand deposition in a number of these locations, but wetland
hydrology remains.
Maritime shrub borders both preservation areas' eastern boundaries. ~t~oody vegetation
density decreases in the northern area to the west, until it is eliminated entirely near the
salt marsh edge. In the southern area woody stem densit~T is louTest where the elevation is
lowest {i.e. between the eastern boundary and immediately adjacent to Askins Creek).
tAjoody stem density is also higher near the edges of the wetland restoration and creation
areas, where the elevation is higher.
Dominat species:
Borrichia frufescens sea ox-eye
Cladium jamaicense saw grass
1=riocaulon parkeri Parker's pipewart
Hydrocotyle umbe!lata marsh pennywort
Juncus romerianus black needlerush
Myrica cerifera wax myrtle
Persia boroboina red bay
Saba! palmetto cabbage palm
Scirpus americanus 4nley'sthregi-square
Spartina cynosuroides big cordgrass
Spartina patens saltmeadaw cordgrass
RJ G&A
ENVIFONMENTALCON3ULTANT3
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flvon/Kinnakeet Mine Expansion- Request for Exemption from Water Quality
Stancl~rds
Brackish Marsh
4.1.1.3 Creation
The five small areas (0.49 acre} where small volumes of material will be removed are
relatively dry maritime shrub pockets dominated almost exclusively by cedar trees
between ten aiul 15 feet in height. I'aupon and wax m}n~1e are also present. Very little
herbaceous vegetation grows under the cedar canopy. Poisin ivy and Virginia creeper
have created some dense stands in the upland~'wetland boiuulary.
Salt Marsh (Pamlico Sound)
Brackish Marsh (Pamlico Sound}

Avon/Kinnakeet Mine Expansion- Request for Exemption from Water Quality
Stanclirds
4.1.1.4 Restoration
The restoration area ttli~t parallels Askins Creek is dominated by poison ivy, rose, and
blackberry. Cedar, red bay, b •oundsel, and wax myrtle are fairly dense along the
wetland/upland boundary.
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4.1.2 Soil
4.1 ?.1 Conversion
All soils in the mine expansion area are mapped as Duckston fine sand (USDA NRCS,
1992). Soils inside the wetland boundary match this type, with very dark grayish browm
(lOYR 312) fine sand in the upper portion of the surface layer (1-4 inches below the
surface) and dark grayish brown (14YR 4/2) fine sand in the lower portion (2-10 inches
below the siu•face). Well decomposed organic material (muck) between one and five
millimeters deep is present at the surface in most locations.
Approximately half of the soil inside the permit expansion boundary, and outside the
wetland boundary (approximately six acres), is more similar to the soil type immediately
west of the expansion area (Corolla fine sand}. In these areas no muck is at the surface

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
and the surficial layer is very pale brown (lOYR 7/4 from the surface to approximately
four inches and IOYR 8i4 below there).
4.1.2.2 Preservation
Soils in the southern-most portion of the preservation area that surround the wetland
restoration and creation areas are mapped as Duckston fine sand. They are very similar
to the soils in the wetland portion ofthe permit expansion area described above, except
that they are wetter and have deeper muck in several locations.
Similarly, the Duckston fine sand mapped on the island side (east) of the northeastern
preservation area has a lot of woody vegetation and significantly more muck at the
surface than in the conversion area. It is other«~ise quite similar.
Carteret sand is mapped on the sound (western) side of the northeastern presen~ation area.
As the near entire lack of woody vegetation indicates, this soil has a higher salinity and is
more frequently tidally influenced than further east.
4.1.2.3 Creation
The 0.49 acre wetland creation areas are also mapped as Duckston fine sand. Like the
portion of the Conversion Area described above, soils present in the wetland creation
areas are more likely to be Corolla fine sand hummocks. They have no muck and are
considerably lighter in the surficial layer.
4.1.2.4 Restoration
Soils in the 30.65 acres of the restoration area are mapped as Duckston fine sand, and
prior to deposition of dredge material from Askins Creek, they probably contained its
characteristics. Because of the sand's light color, elevation above the water table, and
lack of decomposed organic material it does not resemble Duckston fine sand.
4.1.3 Hydrology/Topography
4.1.3.1 Conversion
Approximately half of the proposed mine expansion area (i.e. inside the wetland) is in
frequent contact with the surficial freshwater aquifer. For nearly all of the year the soil is
saturated by freshwater within the top foot. Precipitation is therefore retained. There is
no surface connection between the proposed conversion area and any other wetlands and
waters. Presumably the fresh groundwater in the soil is connected below the surface to
the freshwater lakes north, east, and south of the site, as well as the freshwater wetlands
west of the site (across Portside Drive}. Because of the surficial hydrology, none of these
freshwater wetlands or ponds are subject to CAMA jurisdiction (Figure2).
Page 14 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
Tidal influence to surficial hydrology is limited, as evidenced by the abundance of salt-
intolerantplant species {e.g. soft rush and cinnamon fern), as well as the lack of regular
standing water.
The elevation of the wetland,~upland boundary averages approximately 4.5 feet above
mean sea level. The middle of the wetland has the lowest elevation, approximately 3.5
feet above mean sea level. Just inside the wetland/upland boundary the elevation slopes
down quickly and most of the wetland is nearly flat. The elevation of the surrounding
upland within the permit expansion area rises to between five and six feet.
The roads that surround the permit expansion area on all sides occupy the highest
elevation in the immediate vicinity. The elevation of land across the roads also drops.
The roads therefore act as a watershed divide for precipitation and the resulting
stormwater drainage. The expansion area acreage (11.22 acres) also defines the
«~Tatershed.
4.1.3.2 Preservation
Hydrology in the preservation areas is influenced by tides, but the low average mean tide
level (0.45 feet (NOAA, 2006)) in nearby Rodanthe indicates that this is not a daily event
for most of the preservation area. Because the wetland preservation areas are further
from any inlet than Rodanthe, the daily rise in tide is likely to be even less.
As the vegetation discussed above indicates, surficial saltwater influence in the
preservation areas is significant. Not only does salt water often wash into most of the
northwestern preservation area during storm events, it likely dominates the groundwater.
The surficial freshwater aquifer that is present in the conversion area and the freshwater
wetlands across Portside Drive intersect saltwater in the soil somewhere near the
northwest preservation area's eastern boundary. Elevation in the northwest preservation
area rises from at or slightly below mean sea level at the western edge that borders
Pamlico Sound to an average of three feet above mean sea level along the eastern
boundary.
The southern portion of the preservation area that surrounds Askins Creek also has
significant tidal and thereby salt water influence, as evidenced by the vegetation
described above. Unlike the northwestern preservation area however, a contiguous
topographic slope does not connect the normal edge of water (creek bank) to the upper
limits of southern preservation area. The large dredge spoil piles that parallel the Askins
Creek (wetland restoration areas) limit tidal influence to fairly significant storm surges.
4.1.3.3 Creation
The wetland creation areas occur inside the southern restoration area on pockets of
slightly drier soil with slightly higher elevation {less than one foot). They are high
enough oiler the surrounding restoration area to allot~~~ salt intolerant plant species to
Page 15 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
grow. Because they are surrounded by salt tolerant species, the groundwater under them
is clearly at least brackish.
4.1.3.4 Restoration
The restoration area includes t«~o dredge spoil piles that parallel Askins Creek along its
eastern and western limits. As stated in the description of the southern preservation area,
the topography of the spoil piles rises quickly above the surrounding marsh. They are
relatively unifoirn in cross section. The average elevation is five feet. As also stated
above, the influence of the sharp topographic rise on surrounding tidal influence is
significant.
4.1.4 Wetland Function and Value
4.1.4.1 Maritime Grasslands
4.1.4.1.1 YVater storage
Water storage in these communities is a value atypical of most barrier island habitats.
The thin organic subsurface layer facilitates water retention where adjacent sites are dry.
This characteristic also provides for a diverse herbaceous community in an eco-region
where diversity is restricted by salt.
4.1.4.1.2 Shoreline Stubilization:
Maritime grasslands contribute nothing to shoreline stabilization. In a natural setting,
these communities are maintained by unstable shorelines, and adversely impacted by
shoreline stabilization activities.
4.1.4.1.3 Pollrltant Removal.
The pollutant removal value of these sites is high, given the relative ineffectiveness of
surrounding environs to provide this function. With residential and commercial
development, lawn maintenance and treatments, and transportation corridors nearby,
these sites may be the best suited to provide some level or pollutant removal.
The thin organic layer which provides both moisture retention and a food source for
herbaceous plant communities, also provides some pollutant retention. The variety of
herbaceous plants in these sites assimilate pollutants and provide resistance to sediment
transport.
41.4.1.4 Yl~ildlife habitat:
Wildlife inhabiting these areas is sparse, but typically unique. No vertebrate species are
known to rely exclusively on these habitats. Several insects are known to exist
exclusively in these areas, including a rare tiger beetle (Cici~rdella trifasciata ascenclel~s},
a dragonfly (Anax longipes), and a yet undescribed Antrytonopsis butterfly {NHP 1993;
NC Parks Website: httpJlwww.ncsparks.netinh~secpunaees%mff~s9 pdfl.
Page 16 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
4.1.4.1.5 Aquatic Life TJalue
1Vlaritime wet grasslands contribute little to aquatic life value. Amphibians are intolerant
of saline environments, and the periodic influence of salt water precludes their
occupation of these sites. These areas are not flooded for any length of time that would
provide suitable spawning, feeding, or nursery areas for fish. Invertebrate communities
in maritime wet grasslands are not. well documented or studied, and an assessment of
these sites in terms of value to invertebrates cannot be made.
41.4.1. h Recreation and Education:
Wildlife inhabiting these areas is sparse, but typically unique, which provides the dual
value of educational and recreational opportunities. These communities are increasingly
rare in the barrier island landscape, and their persistence is threatened by development
activities, rising sea levels, and shoreline stabilization. The educational value of these
habitats is unique and should be given considerable weight in valuing these sites.
4.1.4.2 Brackish Marsh
4.1.4.2.1 Water storage:
The brackish marsh's role in floodwater retention and buffering adjacent habitats from
frequent inundation is invaluable. The public safety, health, and general welfare benefit
greatly from these habitats because of their water storage potential.
41.4.2.2 Shoreline Stabilization:
Brackish marshes are essential to shoreline stabilization. They buffer more sensitive
adjacent sites from tidal fluctuations that would otherwise expose vast areas to erosion
and flooding.
41.4.2.3 Pollutant Removal:
Brackish marshes provide exceptional sediment trapping functions. However, the
deposition of excess sediment into these habitats is detrimental to their health and
continued productivity. Because of tidal influences and regular flooding, nutrient inputs
to these habitats are generally substantial. This contributes greatly to their productivity.
The numerous mollusks and invertebrates supported by these habitats also provide
chemical and biological pollutant removal and sequestering. This function is critical to
preserving water quality in coastal habitats and fishery productivity.
41.4.2.4 Wildlife habitat:
Fe«~ habitats on the Atlantic coast provide wildlife benefits comparable to brackish
marshes. Although extremely limited in terms of vegetation diversity, these areas
provide essential benefits to marine and coastal species. These include shore and wading
birds and numerous species of mollusks and invertebrates. These areas also provide a
food source and refuge from predation to young fishery species.
Page 17 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
4.1.4.2.5 Aquatic Life TJalue
No amphibians are known to inhabit brackish marsh wetlands, as they are intolerant of
salinity. However, the life value to fishery and invertebrate species would be difficult to
accurately quantify. Very few plants are capable of tolerating the tidal and saline
influences experienced by these communities. As such, only a few species can survive in
these situations, several of which occur exclusively in these areas. These include black
needle rush, several cord grasses, and saw grass.
4.1.4.2. h Recreation and Education:
Although these habitats can be locally rare, they are widespread and accessible to most
residents of North Carolina. There is no shortage of educational materials available to
the public with regard to the importance of brackish marshes. However, the local
benefits of re-establishing this habitat in Avon would provide educational benefits to its
residents. Recreational benef°its that these habitats are secondary benefits, such as
presei-~~ation of productive fisheries and maintenance of local water quality.
4.2 Proposed Modifications
4.2.1 Planting Plan
4.2.1.1 Conversion
Sand will be removed from inside the proposed expansion area to an average depth of 25
feet. This will convert most of the 6.16 acres of the existing maritime grassland wetland
into a fieshwater pond with 4:1 slopes at its outside boundaries (Figure 3}. Because
excavation will extend into uplands in most places, terrestrial plants will be eliminated
from nearly all wetlands. After final removal of material from the stockpile and haul
road areas, upland vegetation will be planted, pursuant to the reclamation plan that must
be approved as part of the DLR approved mine expansion permit.
4.2.1.2 Preservation
The 30.65 acre preservation areas will be protected in perpetuity under a conservation
easement (Appendix D). This will protect the brackish marsh estuarine habitat that
provides the wetland functions and values described above from future development.
While future deposition of fill material into these areas is unlikely, dock construction or
navigational channel dredging and creation pose significant threats to these important
ecosystems. The conservation easement, through land use restrictions, will maintain the
quality and continuity of these areas' dominant vegetation in perpetuity.
During wetland restoration and consti•~xction, vegetation "plugs" will be manually
collected in the preservation areas and their adjacent brackish marshes. Collection sites
will be spaced at least 100 feet from one another.
The plugs, which will average five inches in diameter and extend approximately ten
inches below the surface, will be harvested manually using "sharp shooter" shovels,
Page 18 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
"bulb hounds," or similar hand-held equipment. No more than 1QQ cubic inches of root
and soil will be removed from each site. Prior to removal, live steins and leaves will be
trimmed to within 12 inches of the surface to prevent evapotranspiration, which will
maximize survival. Because of the strong rhizomatous and stoloniferous nature of the
plant materials to be collected, their strong colonization ability, and the «~ide space
between collection sites, no negative impact to vegetation will occur.
4.2.1.3 Creation
Prior to removal of surface sand, the cedar-dominated dry maritime shrub vegetation ~~~ill
be removed. Because many of these species can tolerate brackish ~~~ater, many of those
near the boundary of wetland creation and the existing brackish marsh will be left intact.
In the creation areas' internal "high spots," where preconstruction plant removal will be
necessary, two rhizomatous (black needlerush and C?nley's three-square) and one
stoloniferous species (marsh penny~~~oi-t) of locally collected stock ~~ill be planted per
square meter. The plants will be harvested from the adjacent preservation area and
immediately transferY•ed to the creation areas. Because of its local dominance and strong
rhizomatous nature, black needle rush will be the most densely transplanted species.
4.2.1.4 Restoration
All existing vegetation will be removed tiom the areas to be excavated. Because the
elevation of the restoration area will be significantly reduced, and a grade re-established
between Askins creek and the upland boundary to the east, little of the woody vegetation
surrounding the boundary will remain.
Similar to the creation areas, locally harvested rhizomatous individuals will be planted in
the restoration area. Because the restoration area's primary function is to re-establish a
more direct hydrologic connection bet«-~een Askins Creek and the portion of the
presei•~•=ation area to its east, black needlerush «~ill be the dominant species planted.
4.2.2 Soil
4.2.2.1 Conversion
Soils in the conversion area will be removed using a hydraulic dredge, dewatered and
stockpiled on adjacent uplands and ultimately transported offsite for use on dune
restoration projects on Hatteras National Seashore. The remaining soil surrounding the
newly-created freshwater pond will retain it's pre-conversion characteristics. Because of
it's relatively course texture, soils around the excavation area, as well as those under the
stockpile and dewatering areas, will not be significantly compacted. Aside from mine
closure grading, no remedial action will be necessary after mine closure.
Page 19 of 23

Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
4.2.2.2 Preservation
No change to existing soil conditions will occur in the preservation area. Sites where
native plant materials will be harvested for use in the creation and restoration areas will
be spaced at least 100 feet apart and remove less than 100 cubic inches of the top ten
inches of soil per harvest site. No negative impact to existing soils will occur.
4.2.2.3 Creation
Because the creation areas' elevations are all less than a foot higher than the adjacent
marsh (preservation area), vei•~~ little soil will need to be removed from the five sites
(0.49 acre). Should vegetation plugs and natural colonization from surrounding plants
fail to succeed, organic "overburden" from the mine expansion area will be spread
throughout the creation areas.
Because the creation and restoration sites will be part of the same project and together
they will remove material from (disturb) more than an acre, a DLR-approved
sedimentation and erosion control plan will be followed (Figures 3 and 5). This will
assure that no material is deposited into the existing brackish marsh.
4.2.2.4 Restoration
The dredge spoil piles that parallel Askins Creek will be removed from the wetland
restoration areas. This material will be removed using a trackhoe and transported to the
mine expansion area's spoil pile. If the material is determined to be appropriate for dune
restoration in Hatteras National Seashore it will be added to the mine's stockpile.
Because the rhizomatous species described in the planting plan, especially black
needlerush, are successful colonizers of newly deposited sand with little or no organic
material and very low nutrients, no soil amendments will be added. Should ongoing
qualitative vegetation evaluation and quantitative monitoring indicate that transplants and
adjacent colonizers are not succeeding, soil amendments will be evaluated.
4.2.3 Hydrolo~~/Topography
4.2.3.1 Conversion
After the removal of material from the mine expansion area, &.16 acres will be converted
from an herbaceous freshwater wetland to a fresh«~ater pond that averages 25 feet in
depth. Because the surficial hydrology is not connected to any other wetlands or waters,
and the elevation of adjacent uplands will be several feet higher than the pre-conversion
soil surface, no impact to stormwater accumulation or storage is anticipated.
This statement is supported by the large ponds south of the expansion area. They are
approximately 20 acres in size and have never experienced overflot~~ of freshwater from
storm events. On the contrary, storms with large amounts of rainfall usually have high
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Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
winds, which increase the surface saltwater inflow during storm surges from Pamlico
Sound.
4.2.3.2 Preser~~ation
Hydrology in the northwestern portions of the preservation area will not be affected by
the project.
Much of the southeastern portion of the preservation area will receive storm surge waters
more frequently than no~~~. After the dredge spoil deposited on the 0.95 acre restoration
site is removed, the area will return to its natural condition, with frequent, short-lived
tidal influence.
4.2.3.3 Creation
After material is removed, elevations of the wetland creation areas will be reduced by a
foot or less and average tluee feet above mean sea level. This slight reduction in
topography will put the root zone in contact with the brackish water present in soil at the
surface in the surrounding wetlands.
4.2.3.4 Restoration
In the restoration areas dredge spoil will be removed from 0.95 acre, and a slight slope
from Askins Creek to the adjacent brackish marshes will be restored. This «-ill allow the
preservation area to get more frequent tidal influence from water that will washe over and
through the restoration areas. The sides closest to Askins Creek will be reduced to
approximately one foot above mean sea level and the sides furthest from Askins Creek
will be reduced to approximately 1.5 feet above mean sea level. Both sides of the
restoration area average 50 feet wide. Therefore, a 0.58 percent slope will be restored
between the creek and the adjacent brackish marsh.
4.3 Monitoring
Vegetation and hydrology in the restoration and creation areas will be monitored for five
consecutive years to ensure success. Remedial action will be taken if success is not
realized in monitoring years one through four. If the standards described below are not
met by the fifth year, remedial action ~~~ill be taken and monitoring will be extended until
they are met.
4.3.1 Vegetation
Total and relative vegetation cover and density will be monitored annually near the end
of the gro~~~ing season for tine consecutive years in the restoration and creation areas and
the adjacent preservation (reference) areas. Planting success will be qualitatively
evaluated throughout the year and after severe storm events.
~V ~ ~~
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Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
Vegetation cover will be measured using randomly located two by two meter plots. In
order to quantitatively evaluate 2.5 percent of the restoration and creation areas, 37 plots
will be used. To maintain consistency, none of the randomly generated monitoring plot
locations will be within five meters of one another. When the plot location is identified
in the field using sub-meter GPS, each t«~o by t~vo meter plot will be oriented with the
southwestern corner on the actual location. From this location, the plot will be aligned
square with north, south, east, and west.
Each square plot will be constructed of PVC tube ~~~ith steel wire dividing it into 36
symmetrical squares. Vegetation cover will be recorded by recording the species present
under the intersection of each pair of wires (25 total). If no vegetation is present at a
given point, bare ground, litter, standing dead, or water will be recorded. The
southeastern quarter of each plot (one square meter} will be used for density
measurements.
Vegetation Monitorvi6 Plot
2 meters -----------------
~.
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To be successful, total native vegetation cover and stem density values for the restoration
and creation areas will be at least 80 percent of those from the reference area. If these are
not met, or if qualitative evaluation indicates significant mortality, corrective action will
be taken.
4.3.2 Hydrology
To insure that topographic adjustment in the restoration and creation areas was sufficient
to restore similar hydrology as the surrounding conservation (reference} areas, a transect
of pressure transducers t~~ill be installed in four 30 inch deep monitoring ~i~ells (Figure 3).
The transducers will be set to record water depth every two hours, which will allow a
realistic assessment of daily tidal influence in the restoration and creation areas as well as
the preservation (reference) area. This short data collection interval will also make the
~V ~ ~~
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Avon;`Kinnakeet Kline Expansion -Request for Exemption from Water Quality
Standards
evaluation of storm surge influence possible. Typically, wetland hydrology requires soil
saturation in the upper twelve inches for at least 12.5 percent of the growing season.
Considering the 290 day growing season calculated by the North Carolina Climate
Office, a successful restoration of t~-~etland hydrology would require 36.25 consecutive
days with water {saturated soil) in the top 12 inches.
Because the monitoring well to be placed in the restoration area will be between two
reference wells (1 and 2) and lower in elevation that two monitoring wells (2 and 3)
hydrologic success criteria t~~ill be either 12.5 percent of the growing season (37
consecutive days) or 80 percent ofthe average frequency for all reference wells, which
ever is greatest.
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AvonlKinnakeet Mine Expansion
Application -Dare County, NC
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LEGEND
Proposed Permit Expansion Area SCALE 1:24,1

Existing Permit Boundary 2$-16 ~oooo o .

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Appendix A - NCDOT and Review Agency Comments

~.. ..~u~.~c. JGUU
~r 4
STATE OF No>itT[~r CAk.QLINA
~]EPARTMENT (3F TRANSPl7RTATION
t4t1CNAEL r. Sasr.eY
Opv~ervoa
$rAN M. Wl~rTE
BOhRO MEMBER
P. O. DRAWER 1447, N,aGS Hrno, NC 2959
array 25, z0a~
~. Ray E. tioltoweil, ,~.
rn
t~4i6e~r Banks KGrnalc~eet Ir~c.
Avon, Morth Carolina .
pear Mfr. Hoibweli,
L'~rnrno TtPPE'rT
58CAfTnIRY
I am writing in support of yc~-r application to the North Carolina Departrrrent of Natural Resources giviaion of Lautd
Resources (DLR) fA expand the AvanlKinnakeet sand rr~ne in Avon, pars County, North Caaofrna.
As you know send. fr~atr ihts m~e was instrumental b the impiemerltatt~ of OOT ptaject NC 12 Relocation (f3uocton)
~ ~ acrd Orate Replenishment during April - Nwerr~aer 2004. Th(s NCDQT pare County project etata~ed ti-e rrslocadon of
18,000 tandrun tnx~c bads c~tf DC?T - DeparGnerrt of lnterkx approved sand from the Krnnakeet mine b the dune Gr>e
north of Buxton, N.C.
This sand came from the arty mine on Hartteras tsiand cordMeuting t1S Park Service and NCtaOT apprnve<t,
canpatible material fcx Dune: Resbratioa in the Cape Hatbras Nafionad Sr~ashore. NCDOT tested ttte si0e via 100x
core dr~fings 25-28 foot des that were iataarabory tested for compatitNlity and subsequengy approved.
The next ck>sest sib apprrnn~d (Hurricane fs~e inlet vatic) was de~ver+ed ttorrt a Cunidudc County mainland mime
~ a transportation oast of $4$Icy. 7her+etnre, as am example, 200,OQ0 cy of material transportation akxre, would oast
the state of North Carolina ~t300,000 to 51,2[)0,000 from that srte.
his my hope ~ approval d the mine exp~sian permit wN(provide appropriate, convenient, and oosi eftrctive
miai for a~gdng arrd boy N[>C(?T pteje~s fot~tire Iotesesahie fi~une.
Thank you for your consideration of this matter,
Sincerely,
.~_
Stan M. White
PNONf332-141•t515 fhXZ3°_-441-1~(I9
p.2

RADIOLOGY ACC ~~ax:101.~~;'635 hJ~+~r- 1? 2u05 15:22
4M G
/~
STATE OF NORTH CARC)LiNA
~EP~~~r ~F Tx~vsPORT~~~iv
MJCHAF:I. F. EA,ii.~Y Sr.AN M. W~t[TE
G[+VERNOR BOARD MEh1HER
p, r'f. I?ItAWBR 1447, NAGS HEAD, NC 2759
November 15, 2003
Nls. Cyndi Karaly
NC Division of Water Quality
401. Wetlalxds Unit Supervisor
1650 Mail Service Center
Raleigh. NC ~~669-1650
Re: Avaz?lKinnakeet Sand Mice Permit Expansiot7. Application
Dear A~1s. I~aroly:
P. 02
LvNDq TIPP$TT '
SF.CRkTAR.Y
I am writitlg agaio, to express eYay support for the approval of the expansxah of Avon/Kimlakeet
Sand Min® on Hatteras Island As T indicated in my May 25, 2405 lettier t¢ Mr. Hollowell, a
SPY of vvhiclz I nnderstarxl you rr'ceived, sand fi~ this mime is vital w otn at>ticipated dyne
resiWa~ativn efforts on Hatteras Island and Clrcracoke Island. NCI~'I' pmjelcta th,a~t usiliraitcd cubic
yards of sand will continually be needed for duns resmration ix,. the Cape ~I~eras Nat~r~nal
axe. As 1 also indicated in my previous letter, the Avrnt/Kinnakeet l~itae is the only local
source of U'~ Dcpartrricnt of the Ir-t®rlor approved dune restoratioa mat~xi~l Ic~cated on H:attems
Leland.
Based on the immediate and strong public need for sand from the pmpos~d cxpansiorl st+ea, 1.
respectfully request that you expedite your review of tins project so aatic~satcd bTCDCT needs
can be met at the bast possible cost to Naitl~ Carolina's environment an~dllts tazpayexs.
We unfortunately have a very bad example of trot being prepared far. emq~e,ncies of a
catastrophic. nation in Louisiana, Ivfassissippi and Texas.
Sincerely,
Stan M. White
PEIOPCE252-441•[515 FAX [phone]

DOE-~6-'06 'L©:34 FBGC~_)ENB T~Er 5'".9715;LI~:1 T-8R5 P32 U-38'
Ward Marvtti
Robert I. Goldstein ~ Asso;:iates, Trx:_
B48G Garvey brive
Raleigh, NC 27616-3175
Project: Avon Sand Mine Expansion
County: b;rre
The purpose of this latter is to notify you that thc'0lorth Carolina t?cnsy.stem Enhancement Program (NC EEI'} is willing ro
accept psyrnent for impacts assaciat®d with the above referenced pro;. c[. Please note that this decisicti dc~cs not assure that
the payment will bz approved by thr permit ~.ssuirtg agencies as mitigation for protect impacts. It. is the responsibility of the
applicant to contact these agencies to daertrine if payment to t;ac: NC F,EF will be approved.
This acceptance i3 valid for six months frUrrr the date or ttis letter. If we havt: not receiYed a copy of trir i~suKd 41k1
Per~it/401 Cerdi'ls:ado:9 willtin this time ~tNme, tktis aereptanCt twill expire. It 15 the 8p[7UCanC s responSiSility to ecnd
copies of the 404/4GI/CANIA permits to NC El?P. Once NC. BEP race; veS a copy of the 4c14 Permit and/or tnc° 4U 1
Cerrificatioe an invoice will be i;SUed and payment must be made.
Based on the information supplied ny you the irnpa::ts that array require compensatory mitiga~ion are .yunYmarizcd in tht
following table-
River Basin
Cataloging Wetlands
(Acres) Sireu
(Linear F rn Buffer Buffer
tet) ~ Zone l Zone 2
Unit ~ (Sq. Ft.) (5y. Ft.)
Ri avian l0ian-lei avian Coastal 1~larsh Cold Cool Warm
~
~--
Pasquo[ank G °/.0
~ 0 U ~ ~ t} G
Q3G20105 --~_.__ - ---- -_~____ - -
Upon receipt of payment, LF.P v~ill tal;.c responslbili[y for providing the cotupettsatory mitiga[ion iVr the pcrmittcif impacts
up to a Z: ] ratio, (buffers, Iona I at a ;I~ 1 retie and Zone ~, ar a 1.5;1 ratio). The type and amount of the eompcnsatory
mitigation will tie as spacil`ied in the Stction 4U4 Perrn~t and'or 401 Water Quality CcrtiScation, andfor C.AMA Permit. The
mitigation will be. performed in accardancC with the ~'lemotandum of Urderztanding between the 101. C. Depsrtmen[ of
Fnvironarent and Natural Itesotarccs and the L'. 5. Army Corps of lrn$ineers dated November d, 1998.
If you taav~ any questions or need additional information, please rontacr Chris Manlof't at (919}' 15• L9oI,
Si .rely, ~ , ~~J^^sfh~~
~~
Wilk U, t;ilmord, PE
I3irr:Ctor
cc; Cyndi ICarnly, Wetlands/4Q1 Uuit
Unug Htaggttt. Diviston of Coastal M;~nagrrner~t
Trscry Wheeler, LiSACOE - Washitgton
Kvle Barnes, UWQ Rcgioual Offier. -Washington
File
~.stn~ur~... ~~:~~.,. P~~t~.t~`t~~ Utz- ~
~r.-
,1,. t~~ w?~ir~ll ~,
~, ~.
pR~DRAM
June 6, 2ttU6
~~•~ a`l
North Catalina Ecosystem F_nhanoement Program, 1652 Mail SF~~+Ice Center, Fialeign, tJC 27899-1652 / 81x715-~U47i31 www,nceep.nut

RF~:~rvr,~ ~~
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON 1QISTRICT F t y 0 l 2002
I
~-- BY- _ +
• _.
...:tion Id. 2-~•,•~~~'~~, County _.~,~de:r~ Quad _ ~~~-- ~.
NO~DEPARTIVIENT O~ THE ARMY AUTHORIZATION REQU1REi3
Property owner ~~~~~. ._____.._ _ --
Address P C7• ~ x .L'~_.~.__ - -- ---------
Telephone 2 j;_,1~ =_,~ _~ ~' y ~3 ~ ------ -
UTM AAA F -~- S ~'~ ~ 3 ~ 3`t l0 ~~ =~ ~- l,~Zone
-Size and Location of project (waterbody, roa/~d namelnumjber, town, etc.) ± 13 w+~. Tru
., ~ ,. - .. ~ A \ , ~ •Z , .'i .+ , : ,.'f -Y k : ~n r1 ._ I, ~ , r 5 G ,7 / [ S S >. ItL,,~,/ . _-;-
.iiY 4i-~ WLY1. it ~~-~~ .w~. J~J t1~ik
.'our work as described above does
10~.,
~'F G 1'
w,'( rh;5 r~ 'eeY.
require partme~nt of the Army authorization for the following reason(s)'
There are no )urisdi:ctional waters or wetlands within the boundaries of the project as described above.
This determination is effective for five years from the date of this document.
_~The proposed project does not have a regulated impact on jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulations.
(Specify)
Any changes in the descril:~ed work resulting in impacts to jurisdictional waters or wetlands or any new work
in )urisdictional waters or wetlands outside the area described above must be coordinated with the Corps
of Engineers prior to commencement. PI®ase contact the Regulatory ONicial specifed below,
For any activity within the twenty coastal counties, before b®ginning work, you must contact tha N.C. Division
of Coastal Management at telephone (919} 733-2293 to discuss any required State permit authorization-
This Department of the Army determination does not relieve the property owner of the responsibility to obtain
any other required Federal, State, or local approvals/permits.
Oate~,~2 G ~o
Corps Regulatory Official _~U, ~~ Telephone ~ .S2- ~ ~ ~ '!~: /G ~Xr~ ~~
SURVEY PLATS, FIELD SKETCH, WETLAND DEL NEATION FORMS, PRb,1ECT PLANS, ETC., MUST
BE ATTACHED TO THE Yi.LLOW (FILE) COPY OF THIS FORM, IF REG~UIRED OR AVAILABLE.
~- SAW Furm 654
~ehivary 1998
;~:C~o~% i ~25.,. AC'dP-^. ?Jh"'_.. :F,~'i~Lu=~S: yC". `'9~~~- ~i~_
'C..

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
July 18, 2005
Mr. Ward Marotti ~~ w,~.?~~'_
Robert J. Goldstein and Associates; Inc.
8480 Garvey Drive
Raleigh, North Carolina 27616
Dear Mr. Marotti:
This letter responds to your request for information from the U. S. Fish and Wildlife
Service (Service) on whether the Kinnakeet expansion area of a sand mining operation
near Avon, Dare County, North Carolina, is within a unit of the Coastal Barrier Resource
System (CBRS). You provided the Service a pdf file with the proposed, 11.62 acre
expansion area outlined in red on an aerial photograph.
The proposed expansion area is near the boundary of Unit L03 of the CBRS. This office
coordinates determinations of sites near CBRS units with our Washington, DC, office.
Our Washington Office has detern~ined that the expansion area shown in your pdf file is
not within the CBRS, specifically Unit L03.
Our Washington Office has also clarified an issue raised in an October 9, 2001, letter
from this office to the North Carolina Division of Land Management regarding a permit
modification requested by Avon Kinnakeet Mining LLC. This letter indicated that the
applicant might need to contact the Service for "consistency determinations" if any mined
material was sold to a federal agency or entity using federal funds. Our letter was not
clear on whether some restrictions exist on the sale of material mined adjacent to, but not
actually in, a unit of the CBRS. The Washington Office has informed me that there are
no restrictions on the sale of, or required consistency determinations for, material mined
outside a CBRS unit. Therefore, if all mining is confined to the area shown on the map
you provided, the presence of the adjacent CBRS unit will not influence the mining
operation or impose restrictions on the sale of the mined material.
If you have questions regarding this information, please contact Howard Hall at 919-856-
4520, ext. 27 or by e-mail at < [e-mail] >.
Sincerely,
Pete Benjamin
G% ~ Ecological Services Supervisor

--_. ... en u. ac, r. i}
- .,r-.; ,... :'~E. r, ~ ~ tin ~ !(u~nv IlnlL1'. //1 /~ ~/p/'/.//,~~I
v •wvo
`' COUNTY OF 1~ARE
'~ .
,'~;~_.:' '~1ANTE0, fylORTH CAROLI~V~ 27554
+~. a. sr~x 1 oac
May 24', ZQd~ PHONE FJ19) a~3-1
Earl Younce
P.0. Box 7
Avon, NC 27915 : • '
Dear Property Owner:
In 1990, the Cape Hatteras Water Association {CHWA) enacted a moratorium on
the sale of water impact units in the villages of Avon, Buxton, Frisco, and
Hatteras. 1n response to this moratorium, the Dare County Board of
Commissiorters adopted a policy directive that allowed the placeanent of private
wells an lots less than 20,OU0 square feet in arse. Minimum lot size
requirements in unincorporated Dare County prohibit the use of private wells on
fats Pess than 20,000 square feet. This policy directive was intended as a
temporary response in anticipation of the proposed expansion of the Buxton
Woods weilfield by the Cape Hatteras Water Association. After a lengthy legal
battle, the CHWA was denied permits far the expansion and the CHWA elected
to sell their assets to the County of Dare and dissolve the association. Since
the a~uisition of the CHWA assets, the County has constructed a reverse
osmosis pant in Frisco, NC to address the water needs of southern Hatt®ras
Islarut, The moratorium on the safe of water impact units was discontinued on
March 2fl, 2000 by the Dare County Board of Commissioners.
The policy directive adopted by ©are County in July 1993 authorized the use of
private wells on lots less that: 20.OOC square feet of area as an interim water
supply. Those projects constructed after July '1993 with temporary priwate wells
Head to be connected to the central vratier system operated by Dare County.
Our files lndioate that the following property was constructed with ~+ private well
under the terms of this policy directive:
Street Address: 40188 Due East 1`~9b
Legal Description: Hatt Colony Sec i2 lat 13
A water impact unit, water meter and al! other pipes and appurtenances
necessary for connection to the Uare County central water system shat! be
purchased and ins#alled within six months ir~rn June 1, 2000. Use of any
temporary private well at this site for drinking water purposes shall be
discontinued once connection to the Dare County water system is complete.
I.RND GF dEGINNiNGS
PRIN7~'D ~d FiECYCI.tt? ~.a!-E R

_._ - E ,_ .
~u!I, ) L~'dU~~~~~~~~ 1.'+, ~.Yi Vhf C 'l f'~I I Cil ~ti VP l']I C(i
ii:. tly~~ .. 1
osrnesis plant. The toll•fiee telephone number is 1-877-6t3-4C05 or locally 985-
5061. Questions concerning the date of construction or type of water source
should bye directed to the Dare County Buildyng Inspection office in Bux±on at
252-995.41G01.
Your timely campllanre in completing the connection tc the Dare Daunty water
system is appreciated. if you have already connected to the Dare County water
system, please disregard this notice..
~.Sinc~rely,
. !~--r _~
~. .
H. Al Cole
County Attorney
i_.ANC Oi' BF~GINNlNc~,,

t.'y~
' Michael F. Easley, Governor ~~
`RD
" William G. Ross Jr., Secretary
li
N
rth C
D
t
f E
i
G
v
~~~ C aro
na
epar
ment o
o
nv
ronment and Natural Resources
- Gregory J. Thorpe, Ph.D.
:~~ .r Ailing Director
~~~~
~r Division of Water Quality
y ~
December 10, 2001
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Avon Kinnakeet Mining, LLC
Po Box 1411
Manteo, NC 27954
Dear Sirs:
On November 27, 2001 DWQ was notified via a letter from Roxanne Dorman (Environmental Professional,
Inc.) of your intent to hydrulically dredge 12.87 acres of wetlands in order to modify the existing mining permit No.
28-16. As we understand the situation, no 404 Permit (and thereby no 401 Water Quality Certification) will be
required for this activity. The US Army Corps of Engineers will nerd to confirm this situation.
Please be aware that this activity wlll violate wetland standards by altering the natural hydrology of these
wetlands (15A NCAC 26.0233). This chance can only be done in the context of a 401 Certification (15A NCAC
2Fi.0500) or an Isolated Wetland Permit (15 A NCAC 2H.1300). By copy of this letter, DWQ hereby notifies the NC
Division of Land Resources that this proposed activity will violate wetland standards and DWQ recommends that the
modin~tion to mining permit No.28-16 be denied.
Plea call me at 919-733-9646 r you would like to discuss'this matter.

~/- ~ - - -
R. Domey
i -

,~..~;;

1
~ t
(({(jam
_
1Y'-~IEj~~ ~~
A
~.
1
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~.

Washington Fie{d Office US Amry Corps.d Engineers
Fie spy _ - ~ _:
-
Deborah sawyer ~ - -
~
Fbyd Williams -
Dennis Ramsey
~,
Jehartids'~01 Unit 1650 Mail Service Cents.
w~
- N DENR
Raleigh, NC 27699-1650 Ph: [phone] Fax: (919) 733-b893 Customer Service
Sincerely,

~~~ ~~
---'~- (~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
~--.
tv,..,.~ael F. Easley, Governor September 27, ?000 William G. Ross Jr., Secretary
John N. Moms, Director
MEMORANDUM
TO: Ms. Susan B..Edwards
Mining Program Secretary
Land Quality Section C ~ ~ Q
FROM: Blake Rouse~'{~-' ~ SEP 2 $ ~GG~
Nat Wilson '
Water Allocation Section pENR
Division of Water Resources LANG OIJALJTY SECT{~N
SUBJECT: Comments on the mining permit modification request for:
Avon Kinnakeet LLC
KSGP Mine -Permit No. 28-16
Dare County
Please find attached a copy of the mining permit modification request for
the above referenced project.
The KSGP Mine located in Dare County should not have an unduly
adverse effect on ground water supplies.
Any water withdrawal will be subject to North Carolina General Statute .
143-215.22H; Registration of Water Withdrawals and Transfers Required. Any
person who withdraws in one day 100,000 gallons (70 gpm) or more of surface
water or ground water in North Carolina is required to register the withdrawal
with the Division of Water Resources. A Capacity Use Area #1 permit mu be
obtained from the ~ ate` sot]rces if the withdrawal exceeds 100 0
gallons per day and occurs in Beaufort, Carteret raven H de ico T rrell,
or Was mgton County. ..~ ~~
If you have further questions please con act the Division of Water
Resources at [phone] or send correspondence to 1611 Mail Service
~, Cente~~>~~~~t~~~7~~~te~6~Jateigh, North Carolina 27699-1611
Phone: [phone] FAX: [phone] Internet: www.ncwater.org
An Equal OpportunityWffirmative Action Employer-50% Recycledli0% Post Consumer Paper

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.,
State of North. Carolina
~- .Department of Environment
and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor
William G. Ross. Jr., Secretary
Preston P. Pate, Jr., Director
1 ~ •
ODE R
N N
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MEMORANDUM:
T0: Mike Street, Chief Habitat Section
FROM:. .Sara E. Winslow, Northern District Manager
SUBJECT: Avon Kinnakeet Mine -Modify DWQ #011826
DATE: January 19, 2002
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I have reviewed the proposed mine expansion application for 12.87 acres in 404
wetlands. This area is proposed to be hydraulically dredged. Based on the letter from
John Dorney, DWQ recommends denial-of the modification. Looking at the plat
provided there is no connection to any waters, just an isolated 404 section. Thus, we
have no real authority to object, but I sure do not like it. Hopefully DWQ's objections
wil- take care of it.
r-
P.O. Box 769, Morehead City, North Carolina 28557-076° Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycled/10°io post-consumer paper

~~tate of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor
William G. Ross Jr.; Secretary
Preston P. Pate Jr., Director
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
/ ~ •
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DE R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 3, 2002
Sara Winslow
Biologist /DMF
Mike Street
Habitat Protection Section
Division of Marine Fisheries
Mining Permit Review / DWQ # 011826 (modify)
Avon Kinnakeet Mining, LLC
Project Location: Avon Kinnakeet Mine /Dare County
r' Proposed Project: Mine sand for commercial use /
Excavate with dredge in 404 wetlands
Due Date: N/A
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Please indicate below your position or viewpoint on the proposed project and return this form to
Habitat Protection Section, Morehead City. If you have any questions regarding the proposed
project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources /Land
Quality Section at [phone].
REPLY: ~ This agency has no objection to the project as proposed.
~/ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See Attached.
This agency objects to the project for reasons described in the attached
comment .
SIGNE~ DATE: ~ f ~- ~ z--
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

/-2001 03:2! FAT
DIVISION OF LAND RESOURCES
l<AND QUA.I,ITY SECTION
October 16, 200I .
MEMORANDUM
TO: Judy Wehner
THRO~.rGI-l: Pat McClain
Assistant Regional
FROM: Bill Crew
RE: ModiFication for Avon l~innakeet Mining, I..I_.C. ,
Dare County, NC (Mine Permit # 28 - 16)
CYP Mine,
Attached are continents regarding the modification request of the existing mining
permit.
The name of the mine on the hrst line does not reflect what the complete naive oF_t~e
_ ,_
.,-,;,,P listed on -the existing mining pern~it The applicant. list the mine as Avon
Kinnakeet Mining, L.L.C. not Avon I~innakeet Mining L.L.C. , KSGP Mute as listed on
the permit.
A. GENI/RAL CHARACTERISTICS OF THE MINE
4.(a.) The applicant indicates that the mining depth will be to ZO feet maximum
the existing permit that indicates 25 feet deep maximum for the
excavations. Does this modification indicate that lie is just going to dig to
a ma~amum of 20 feet at the area of the new modification or throughout
the ead~sting mine site.
B_ MAPS
2.(a.) .Although the mine map ha.S a vicinity neap shov~~ng that. the existing mine
is part of a subdivision nn mm~Prty lines of the tract of land on which the
~ 0 2 l.~
is to be located ~i including easements and ng Z s
(b.) The existing permit boundary is not drawn on the map. An arTaw points
to alt area and refers to it as tTie-"mine penttit boundary and 15 Foot
undisturbed buffer", but no li~1e is drawn for the permit boundaryy_ or the
bu . ,The mine map submitted for the modi icatioiz s11o"~s the existing
haul road (Portside Drive)as being the permit boundary the mine map of
the existing permit sho«~ a mine permit boundary dra~;~n a short distance
from t.}Ze road.
(d.) The bufFers of tltc existing mine are not drawn on the mine neap just

r'- 2001 Oa:2=1 F?,1
MEMORANDUM
Judy Wehner
October ] 6, 2001
Page 2
~--~
referred to by a statement, "mine boundary and 1..5 foot tin.disturbed
vegetative buffer", which point to only one line instead of two_ ~'he mine
modification map refers to a mine boundary and 25 foot .undisturbed
ve e#ative buffer with and arro~~ poz ~ again to only one line. Does the
applicant wish to change the buffer wi t. om eet to 25 eet for the
entire rrtiine?_
(o.) The applicant has failed to indicate the nannes of owners of record both
public and private for all tracts of land that area joining t le rt~ine permit
boundary or proposed mute perrxut. boundary; if an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the znin.e tract,
names of owners of record of tracts adjoining these tracts, that are r~ third
1,000 feet of the mining pernnit bound_~ ,must be provided on a mine
m
(p.) he applicant. did not. include the names of owners of record which lie
directly across and are contiguous to any highway, watercourse, railroad
tra_~ilit~or other up b~ Iic rig wa ; if an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the mine trace,
names of ,,,x~,Pn of rP~-~~~ ^r *~~^*r ~~a~^~n~na these tracts ,that are within
1,0~ eef tithe minim verztit boundary must be pro~~ded on the none
ma ).
C. PROTECTION OF NATURAL RESOURCES
5.(a.) A. 25 foot buffer from ground nnining exterior is proposed in the
modification application. What does that mean? Is it undisturbed or
unexcavat.e ?
(b.) s a 10 foot undisturbed buffer between the natural watercourses and the
mining activity surrounding it eno ?
6.(a.) The applicant indicates that he will not have any slope. instability problems
that would affect adjoining permit boundaries using the 2- l slopes of his
excavation. T11e applicant if di 'ng to a depth of 20 feet must have at
least a 3:1 slope in sand to prevent slump in a t ie sides of the. excavation
an ma e t ou the 10 £oot buffer and onto adjacent. properties. A
emit of how close the dredge can excavate to the shoreline of the pond or
«-atercourse xt ~s oa.te in should be established.
(b.) The applicant indicates that a s ope vvi l-Ge ok to use on the mine
exca~~ation but a 3:1 slope would be more applicable in wPr send.
D. RECLAMATION PLAN
~.{a.) The applicant proposes to leave the slopes at 2:1 instead of 3:1 .
l~ 0 ~

f~ 2001 03:2=1 FA~i ~~~-~
MEMORANDUM
Judy Wehner
October 16, 2001
Page 3
F. NOTIFICATION TO LANDOWNERS
The applicant may have not notified the property owners across the street
from the mine site. No indication that anyone was notified other than the
County Manager was received in the application.
I inspected the proposed modification site on October 8, 200 ] _ A few homes are across
the street from the northern part of the proposed modification. I have not way of
knowing when the properties surrounding the mine were sold, some of them may be
recent, therefore requiring the applicant to notify a number of property owners. There
are areas of what appear to be wetlands within the proposed mining area. The proposed
dredge pond dikes are 10 feet high and 20 feet wide, they may not be stable with such
a small slope angle, perhaps a 3:1 slope will afford greater stability. The silt fence
proposed to be used around the sto ~1 e .areas between the natural watercourse and
the dikes are not indicated on the mine map. No wells were noted v-~tltin 300 feet of
the mine or proposed modification area.

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~ North Carolina Wildlife Resources Commission ~
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Susan B. Edwards
Mining Program Secretary
Land Quality Section - -
FROM: William V~-'escott, Coastal Coordinator '~~~
Habitat Conservation Program
DATE: October 16, 2001
~ SUBJECT: Miming Permit Modification Request for Fvon Kinnakeet Mining LLC, KSGP Mine,
Dare County. Permit No. 28-16.
Staff biologists with the Wildlife Resources Commission have completed a review of the
project with regard to associated impacts on wildl~fP and fishery resources in the area. A site visit was
conducted on September 26, 2001. Our comments are provided in accordance with provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), Section 401(b) of
the Clean Water Act of 1977 (as amended), and the \orth Carolina Mining Act of 1971 (as amended,
1982; G.S. 74-76 et. seq., I S NCAC 5).
The applicant is requesting a pernlit modification to mine an additional 11.62 acres. Access ~io
the site is through Kinnakeet Shores Subdivision and a dirt haul road. The proposed mining site
consist mostly of `404' wetlands. The application indicates in S(bj on page 8 that a minimum
undisturbed buffer of 10 feet will be maintained between mir~inQ activities and wetlands BUT plats
with the application clearly shown that the only area to be mined is the wetland. Darin the site ~~i~it
on September 26, 2001 the wetlands we m letel - ve:Yetated ~~~ith various mars i 7rasse
herbace~as plants, shrubs n trees. The wetlands at the southern en o t e propose mrnin~ area
were inundated. We are opposed to this proposed destructtcn o wet ands without adequate mitigation
A preliminary review of available data indicates several State and Federally listed species in the
vicinity of this project site and this site likely provides the desirable habitat for those species. Prior to a
permit decision, a thorou h surve of the area shor~!d be conducted to determine if listed species are
r At a minimum the survey shou searc i,r t e ~~ e - to eabeach amaran
.9naaranthus unail and- lue curls Trichoslerna s .1 and State listed arnt swallowtail
apilio cresplzontes), Beaked spikerush ( ' encharis ra.ctellala) and Salt marsh spikerus ~ ec c•hari.c „~
halnllhila). If the Division of land Resources issuers a permit prior to the recommended surve~~ then
~9ailin:; Address: lii~ isitm of lnl:end l~isherics • 1 7? 1 ~9ail Scn~icc Center • Kalci~i;. 1<: ~'i(,99- I ~ I
7Clephone: j919'~ ?ii-i(,ii cit. ~til Fax: (919) '1~-'ha_i

lU
KSGP Mine
2 October 16, 2001
the Division of Land Resources may induce the applicant to potentially violate the Endangered Species
Act.
Thank you for the opportunity to comment on this project. If you have any concerns regarding
our comments, please contact William Wescott at [phone].
cc: Tom Walker, Corps of Engineers, Washingttin Office
Garland Pardue, U.S. Fish and Wildlife Service
Stephen Hall ,NC Natural Heritage Program

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'' North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
October 11, 2001
MEMORANDUIvi
Division of Archives and History
Jeffrey J. Crow, Director
TO: Tracey E. Davis
Land Quality Section
Division of Land Resources, DENR
FROM: David Brook ~) ~t,~\~~`~~
F
SUBJECT: Application for Mining Permit, Avon I{itmakeet Mining, LLC, Dare County, ER 02-7729
Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter
74, Article 7 of the North Carolina General Statutes.
Because of the location and topographic situation of the proposed project area, it is unlikely that any
archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be
~ ~.ffected bq the proposed borrowing. We, therefore, recommend that no archaeological investigation be
.conducted in connection with this project. '
While we note that this project review is only for a state permit, the potential for federal permits may
require further consultation with us and compliance with Section 106 of the National Historic Preservation
ct.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763.
DB:kgc
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Location Mailing Address Telephone/Fax
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 [phone] •733-8653
Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 [phone].715-4801
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 [vlail Service Center, Raleigh 27699-4618 [phone] •715-4801

United States Department of the Interior
~C~f~t._l~~ FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Sox 33726
~C+ I Q ~~ Raleigh, North Carolina 27636-3726
DN. L,~ND RES.
Charles Gardner, Director
Division of Land Resources
1612 Mail Services Center
Raleigh, North Carolina 27699-1612
Attention: Judy Wehner
Dear Mr. Gardner:
October 9, 2001
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The U.S. Fish and Wildlife Service (Service) has reviewed t mining permit Ifi tion
application for Avon Kinnakeet Mining LLC, KSGP M~ ,Mining Permit N . 28 6. The
proposed mine expansion is located in Avon on Hat as Island in Dare County, North Carolina.
The applicant proposes to mine an additional 12 acres for sand; the existing permit is for
50 acres. An additional 28 acres of the existing mine site ~arrently a lake) will be dredged to
15 feet deep, mining 8 more feet of sand. This is the report of the Service submitted pursuant
to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as
/'~ amended; 16 U.S.C. 1531 et seq.).
,p„~ The expanded area is adjacent tolCoastal Barrier Resources System (CBRS) Unit L031~~~
The expanded mine site entirely consists of wetland areas that provide valuable fish and wil life
habitat on the dynamic Outer Banks barrier island system. The Service requests that the
applicant obtain wetland delineations and relevant permits from the U.S. Army Corps of
Engineers (Corps) to mine this area. Regulatory permits from the Corps require that impacts to
wetland areas be avoided, minimized and mitigated. The applicant has not provided any
measures to avoid, minimize or mitigate for the excavation of 12.87 acres of wetland. The
proposed excavation ar y ivision o esources, thereby,
avoiding impacts to thes freshwater wetlands, hich are an increasi ly limited resource on the
Outer Banks.
,S ap lp icant ro oses to sell any of e mined material to a fe era a enc or entity usln
S funds at any time during the life of the p_ r~oi_ect, the Service should be c tacted for a
r ~U~+ determination on whether any of the excavation area fa m CB mt L03
~y needed consistenc determinations ale..
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''~ Mining of the 28 acre lake proposed for deepening may cause salt ater in ~sion into the lake,
rendering the water body unsuitable for freshwater aquatic resourc e applicant should
provide documentation of the local water table elevation and an evaluation of the environmental
impacts of doub mgt e depth of the existing lake. Impacts may also include drawdown of jhe
local water table, indirect y affecting the ive o forest on the property. This forest canopy is
rare on the Outer Banks and provides migratory and overwintering abitat for up to 300 species
of neotropical migratory birds and colonial waterbirds annually.
The Service cannot support the issuance of a permit modification for the proposed mine
expansion until surveys for wetlands have been conducted and the environmental impacts of
deepening the existing lake have been assessed.
The Service appreciates the opportunity to comment on the proposed permit modification.
Please call Tracy Rice, of my staff, at [phone], extension 12, with any questions or
comments.
Sincerely,
ai /~~ ~~
Garland B. Pardue
~-- Ecological Services Supervisor
cc: William Wescott, NC WRC (Washingon, NC)
Ray Hollowell, Avon Kinnakeet Mining, LLC (Manteo, NC)
FWS:R4:TMRice:TMR:10/9/2001:919/856-4520 extension 12\O1-P220.wpd
-~
2

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON C11STR1CT ~ ~ y 0 1 2002. ~
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~- BY:
2~.,.~10,~;~ County ..,~n:r.~ Quad -.rte--=~.r.
. ,,:lion Id. - -
NO~DEPARTIIAENT OF THE ARMY AUTHORIZATION REQUIRED
Property owner ~~s~.~-~ <= ~.. •-----•--- -'~
Address j'. Q. ' g ~- x_._..~'' ~- - - - -----r-
Telephone 2 z _=~_" ~' y 3 ~' - --- -
UTM eFf~t~~~t~ ~ r S ~t "' ~ ~ .d 3`t l~ ~ ~ ~ _.~Zone~ -
.Site and Location of projecl (waterbody, road name/number, town, etc.} ± 13 ~„R A ?rG ~T 1 vc-Zr
__,]F dr'f 1n ,</~11 i 'L~ ~ _ ' -~~r 1~ ; N r r [< r n 1~ ~~ n 4~. ~a..(s~e ..',. !~ S ~ ~ i"L. /r e. r
iJ ry M F3J L ./ /
Description of Activity

_...~ts../.._r:
.~i7ti„-~ W cYla~..d)~ a:Shu<:i-i/res! w,•i 7k%
our work as described abc>ve does not require par
~ rt.G [t GYM<' I /fc~
t of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the project as described above.
This determination is effective for five years from the date of this document.
_~The proposed proje;ci does not have a regulated impact on jurisdictional wafers or wetlands.
The proposed. project is exempt from Department of the Army regulations.
(Specify) _
Any changds in the descrit:~ed work resulting in impacts to jurisdictional waters or wetlands or any new work
in Jurisdictional waters or 4k~etJands outside the area described above must be coordinated with the Corps
of Engineers prior to cornm~encement. PI®ase contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before b®ginning work, you must contact the N.C. Division
of Coastal Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Arn~y determination does not relieve the property owner of the responsibility to obtain
any oilier required Federal, State, or local approvals/permits.
b Z Sz- ~ ~ a -!c: !G cam. ~.
Corps Regulatory Official _~~/~ ~ Telephone. ~
SURVEY PLATS, FIELD SKETCH, WETLAND DEL NEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YG! LOW (FILE) COPY op' THIS FORM, IF REG~UlRED OR AVAILABLE.
-SAW Form 654
'ebruary 19~J8
C'~~i; =i _Z~ A~d~l '?~k~!i „F~ I:LuZSZ yC ". .0:'° ad_^
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Appendix B -Federal and State Protected Species Known in Dare County
B.1 Star-nosed Male {Condylura cristata}, State-SC
Star-nosed moles occur in the mountains and Coastal Plain of North Carolina, but are
absent from most of the Piedmont. The Coastal Plain population occurs in wet fields,
freshwater marshes, seeps, and wet woodlands (1Nebster et al., 1985). Star-nosed moles
construct bath underground tunnels and surface runways where they forage year-round
for warms and arthropods, and spend more time above ground than do common males
(Scalopus aquaticus).
Suitable habitat for this species occurs in the project areas but no individuals were found
during field surveys. NHP has no records of star-nosed moles in the vicinity of the
project area. No adverse impacts to this species are anticipated.
B.2 Rafinesque's Big-eared Bat {Corynorhinus rafinesquii}, State-T, Federal-FSC
Rafinesque's big-eared bats roost in dark corners of abandoned buildings or hollow trees
in or adjacent to large tracts of mature forest near rivers, lakes, or estuaries (V1lebster et al,
1985; Clark, 1987). They occur year-round in North Carolina, and apparently hibernate
during winter. During spring and summer males are generally solitary, while females
gather in maternity colonies.
This bat has extremely large ears, which are curled when at rest, and fleshy knobs
between the nostrils and eyes. The fur is longer than on the similar P. Townsendii, and
the hairs are blackish at the base and yellowish to white at the tips.
No suitable habitat for this species occurs in the project areas and no individuals were
found during field surveys. No adverse impacts to this species are anticipated.
B.3 West Indian Manatee {Trichechus manatus}, State-E, Federal-E
The manatee is a massive, barrel-shaped aquatic mammal with a broad head and large
stiffly bristled, fleshy lips that overhang and hide the lower jaw. It is often scarred and
covered with algae, barnacles, and other crustaceans. Adults are 7-13 feet long and may
weigh 11,000-13,000 pounds. Manatees are solitary animals. They are herbivorous,
feeding almost exclusively on submerged aquatic vegetation but sometimes eat shoreline
vegetation. They have been observed drinking fresh water from bases, culverts, and
sewage outfalls. Manatees inhabit warm shallow seas near shore, salt-water bays, and
estuarine habitats. They live in both fresh and salt water and move up sluggish rivers and
canals for variable distances (NHP, 2001). Manatees feed on submersed and emergent
vegetation in the ocean, sounds, estuaries, and lower reaches of large rivers in North
Carolina during late spring through early fall (Clark, 1987; Webster et al., 1985).
Suitable habitat for this species occurs in the sound and tidal creek that are adjacent to
the preservation areas. No individuals were found during field surveys and no adverse
impacts to this species are anticipated.

B.4 Piping Plover {Charadrius melodus), State-T, Federal-T
The piping plover is a short stocky bird a little larger than a sparrow. The piping plover is
the pallid color of dry sand with a complete or incomplete dark ring around its neck. It
has yellow legs and a yellow bill with a black tip. In winter, both the bill and legs are
black (Peterson, 1980}.
Piping plovers forage on beaches, sandflats, and mudflats, particularly near the ends of
barrier islands. They nest on open beaches between the dunes and high tide, or on
dredge spoil islands. The plover runs in short starts and stops. It eats worms, fly larvae,
beetles, crustaceans, mollusks, and other invertebrates plucked from the sand {NHP,
2001).
No suitable habitat for the piping plovers exists in the praject areas. No adverse impacts
to this species are expected.
B.5 Herons and Egrets {Egretta spp.), State-SC
The little blue heron (E. caerulea}, tricolored heron {E. tricoiot~, and snowy egret {E. thuia)
forage along tidal streams, fresh or saltwater marshes, shallow ponds, mudflats, and
beaches for fish, frogs, crabs, insects, and other small animals. These species roost and
nest colonially, usually in thickets of trees and shrubs on small coastal islands inaccessible
to raccoons, foxes, and other terrestrial predators.
The little blue heron has aslate-blue body, with maroon head and neck plumage. It occurs
near water feeding on small fishes and other aquatic organisms, but in times of drought
can forage on insects in grasslands. When not feeding, it is often found in the lower
branches of roosting trees.
The tricolored heron has gray-blue upperparts and rufous neck contrast with white belly
and white stripe up foreneck. The base of bill and bare face skin are yellowish in most
seasons and blue in the breeding season. Nests of sticks and twigs may be built in
small or large colonies by themselves or with other herons, on ground or to 20 feet up in
a tree, but usually 6 - 15 feet up.
The snowy egret is a white water bird with black legs, a black bill, and yellow feet,
commonly found in shallow coastal water bodies feeding on fishes and other aquatic
animals.
Suitable habitat for these species occurs in the preservation area and occasionally in the
conversion area after heavy rains. No individuals were observed during field surveys.
The restoration and creation of wetlands by this project would provide habitat for these
species. Since the conversion area is accessible to predators, these birds are unlikely to
nest or roost there. No adverse impacts to this species are anticipated.
B.6 Peregrine Falcon (Falco peregrinus), State-E
The peregrine falcon is a medium-sized raptor with long, pointed wings and a long tail.
The adults slate gray body is black-barred on the wing, tail feathers, and flanks. Its
throat is white and the sides of its head bear black markings resembling a moustache.
The lower body is white and reddish, and spotted and barred with black.

The falcon feeds on small to medium size waterfowl, shorebirds, and pigeons over
beaches, mudflats, lakes, and marshes. Peregrines hunt their prey in air, and when
diving can reach speeds of up to 200 miles per hour. Hunting occurs over open habitat
types such as waterways, fields, and wetland areas. Preferred nesting sites are in
cracks and openings of towering cliffs, although other cavities and manmade structures
are also used.
No suitable roosting sites for peregrine falcons occur in the project areas, and no direct
impacts are anticipated. NHP has no record of a peregrine falcon on the Buxton USGS
quadrangle.
B.7 Bald Eagle (Haliaeetus leucocephalus), State-T, Federal-T
Adult bald eagles have a conspicuous white head and tail and dark brown wings and
body. Juveniles (less than 4 years old} are mostly dark with irregular patches of white.
Bald eagles roost and nest at the tops of tall trees near the edges of large lakes, rivers,
and estuaries, and feed primarily on fish and dead animals. NHP listed the bald eagle as
"historic" on the Buxton USGS quad.
No tall trees occur in the project areas and no individuals were observed during field
surveys. No adverse impacts to this species are anticipated.
B.8 Glossy Ibis {Plegadis falcinellus}, State-SC
The glossy ibis forage in swamps, marshes, ponds, and tidal mudflats. The glossy ibis
breeds in mixed colonies with herons and egrets. The glossy ibis has a decurved bill, and
is the only completely dark water bird found in the Carolinas (Potter, et a1,1980}.
Suitable habitat for this species occurs in the conversion and preservation sites but no
individuals were observed during field surveys. The restoration and creation of wetlands
by this project would provide additional feeding habitat for this species. Because the
conversion site is easily accessible to predators na adverse impacts to this species are
anticipated.
B.9 Red-cockaded Woodpecker (Picoides borealis), State-E, Federal-E
The red-cockaded woodpecker (RCV1!) is similar to the downy and hairy woodpeckers, but
is recognized by its unstriped white cheeks, and the horizontal rows of white spots forming
a barred pattern across its back. These woodpeckers live in large tracts (100 acres or
more) of contiguous pine or mixed pinethardwood forest. Cavities for nesting and roosting
are constructed in live pines 60 years or older, and are occupied year-round for many
years. Because cavities require a year or more to complete, each colony typically has
several new cavities under construction at all times. Old cavities may become unsuitable
when a tree dies, sap flow decreases, or encroaching understory vegetation makes the
cavity vulnerable to predators and competitors. Suitable foraging habitat contains pines at
least 30 years old. Each red-cockaded woodpecker colony (one breeding pair plus one or
more offspring from previous broods) requires foraging habitat containing at least 8,490
square feet of pine basal area, with at least 6,350 trees 10 inches dbh or larger, and
within 0.5 mile of the cavity tree cluster (Henry, 1989).

No large tracts of mature pine occur on the conversion site and no individuals were
found during field surveys. No adverse impacts to this species are anticipated.
B.10 Black Skimmer {Rynchops niger), State-SC
The black skimmer, up to 17 inches in length, has a large bill with an orange base and
black tip. Both sexes are similar in appearance. Its lower mandible is longer than the
upper. It has a short white tail with a black center, very dark upperparts, and a white
forehead and underparts. The bird has red legs and its colors are duller in winter. The
black skimmer will forage for small fish in the ocean and sounds, and nest on sand flats
on isolated barrier islands or dredge spoil islands (NHP records). The skimmer skims
the surface of the water with its bill searching for prey.
Suitable habitat for this species occurs on soundside sandy beaches adjacent to the
preservation area but no individuals were found during field surveys. No adverse impacts
to this species are expected.
B.11 Least Tern {Sterna antiliarum), State-SC
The Least Tern is a very small pale tern with yellow bill and feet, and white forehead.
Immature birds have a dark bill, nape, and forewing. In fall, all birds may have dark bills
but feet show yellow (Peterson, 1980). The Least Tern inhabits sea beaches, bays, and
large rivers. The least tern is very defensive in the colony, and adults scream and dive
at intruders. Piping plovers, another endangered beach-nesting bird, are commonly
found nesting in association with least terns. By late August and early September, least
terns leave their northern breeding grounds to head for wintering areas. Least terns
feed mostly on small fish caught by skimming the surface of the water or by making
dives from the air.
Suitable habitat for this species occurs on soundside sandy beaches adjacent to the
preservation area but no individuals were found during field surveys. No adverse
impacts to this species are expected.
B.12 Common Tern {Stern hirundo}, State-SC
A small black-capped gull-like bird with a deeply forked tail. In summer the common tern
is white with a pale gray mantle and black cap; bill re-orange with a black tip; feet orange-
red. In the winter or when the common tern is immature the bird's black cap is incomplete
and has a blackish bill. The bird inhabits lakes, ocean, bays and beaches. It nests
colonially an sandy beaches and small islands (Peterson, 1980}. The nest is a simple
scrape built above the high tide line in sand, gravel, shells or windrowed seaweed. It is
usually lined with vegetation. The common tern secures its prey in a fashion similar to
other terns, striking the water in shallow dives or skimming the surface. It feeds on small
fish up to 3-4 inches in length. Occasionally, shrimp or aquatic insects are taken.
Suitable habitat for this species occurs an soundside sandy beaches adjacent to the
preservation area but no individuals were found during field surveys. No adverse impacts
to this species are anticipated.
B.13 Roseate Tern (Sterna dougallii}, State-E, Federal-E

The roseate tern is a diving bird, about 15 inches in length, with light-gray wings and back.
It has a black cap and white body that has a rosy tinge on the chest and belly during the
breeding season. The tail is deeply forked, and the outermost streamers extend beyond
the folded wings when perched. During the breeding season the base of the otherwise
entirely black bill, and legs, turn pink-red.
Roseate terns breed primarily on small offshore islands, rocks, Gays, and islets. They
have been reported nesting near vegetation or jagged rock, on open sandy beaches, close
to the waterline on narrow ledges of emerging rocks, or among coral rubble. Roseate
Terns in northeastern North America almost always nest in colonies with Common Terns
{S. hirundo}.
Roseate terns are occasional visitors along the Outerbanks, south of Cape Hatteras,
particularly at Cape Point within Cape Hatteras National Seashore, during the months of
July and August. They may be seen late spring and early summer on a rare occasion.
Suitable habitat for this species occurs on soundside sandy beaches adjacent to the
preservation area but no individuals were found during field surveys. No adverse
impacts to this species are anticipated.
B.14 Gull-billed Tern (Sterna nilotica}, State-T
This medium-sized tern has a black cap, a stubby black bill and black legs. The mantle
is gray, and the underparts are white. The species lacks a crest, and has a shallowly
forked tail. Gull-billed Terns nest on barrier beaches, natural islands or shoals, and
dredged-material islands. Colony substrate is usually sand or a mixture of sand and
shell. Colony sites are usually devoid of vegetation or are very sparsely covered with low
herbaceous plants.
Gull-billed Terns arrive in North Carolina between mid-April and early May. Courtship
begins quickly, and egg-laying occurs by mid-May but may extend into July. Nests are
shallow scrapes usually lined with broken shell fragments or sometimes plant material.
North Carolina colony sites may be occupied from April to August.
Unlike other tern species, gull-billed terns feed largely on terrestrial prey. Food consists
primarily of insects and crustaceans, but occasionally may include reptiles, amphibians,
birds and small rodents.
No suitable habitat for this species occurs in the project area and no individuals were
found during field surveys. No adverse impacts to this species are anticipated.
B.15 American Alligator (Alligator mississippiensis), State-T, Federal-T
The American alligator ranges from 6-19 ft. This large reptile has a broad snout, a short
neck, heavy body, and laterally compressed tail. Adults are blackish to dark gray, but
faint yellowish crossbands are sometimes evident. Young alligators are black with more
conspicuous yellow crossbands. The American alligator inhabits fresh water swamps,
marshes, abandoned rice fields, ponds, lakes, and backwaters of large rivers. Females
build a large mound of leaves, mud, and debris to deposit eggs in June. She will remain
nearby to challenge intruders around her nest {Martof et. al., 1980}.

Suitable habitat for this species occurs on the conversion and preservation sites. Several
individuals have been reported from nearby brackish marsh and freshwater ponds. No
individuals were observed during field surveys. The creation of wetlands and open water
by this project will provide additional habitat for this species. No adverse impacts to
American alligators are anticipated.
B.16 Atlantic Ridley {Lepidochelys kempir~, State-E, Federal-E
The Atlantic ridley is the smallest of sea turtles known from North Carolina. Uncommon
in the state, this turtle is known to inhabit the Gulf of Mexico and the east coast, and has
been reported in Nova Scotia and Europe {Martof, 1980). Most breeding occurs along a
two kilometer stretch of beach in Mexico on a single day, where as many as 10,000
individuals can be observed at once. Isolated reports of nesting elsewhere do exist.
Most reports of this species are in shallow, high saline, areas of sounds near the ocean.
Reports have been posted from the gulf stream off Dare Caunty, the Cape Fear River,
Core Sound, and on the Dare County beaches. Major threats to this species in North
Caralina include collision with boats, and gill net fishing. The Atlantic Ridley feeds
largely on crabs, clams, and snails (Palmer and Braswell, 1995).
Suitable habitat for this species occurs in the sound and tidal creek that are adjacent to the
preservation areas. No individuals were found during field surveys and no adverse
impacts to this species are anticipated.
B.17 Loggerhead {Caretta caretta), State-T, Federal-T
This is the sea turtle most often seen on our coast. It is very large with a massive head
and is reddish brown. The loggerhead is 31-47 in. long and weighs between 170-500
lbs. They are omnivorous feeders. The turtle nests sparingly as far north as Ocracoke
Inlet and commonly in S. C. They nest on isolated beaches in late spring and early
summer. Females crawl onshore at night to nest; the nest is then covered with sand.
Young emerge at night about 2 months later and make their way to the sea (Martof, et.
al., 1980}.
Suitable habitat for this species occurs in the sound and tidal creek that are adjacent to
the preservation areas. No individuals were found during field surveys and no adverse
impacts to this species are anticipated.
B.18 Green Turtle {Chelonia mydas}, State-T, Federal-T
The green turtle can reach five feet in length and weighs from 220-650 lbs. The large sea
turtle is distinguished from others by a single pair of elongate scales between the eyes, a
strongly serrate lower jaw, and a single claw on each front flipper. Green turtles are pan-
tropical in distribution. They readily migrate long distances across open seas but spend
most time in shallow waters feeding mainly on eel grass, mangrove turtle grass, and other
plants. The green turtle does not nest in our area.
Suitable habitat for this species occurs in the sound and tidal creek that are adjacent to the
preservation areas. No individuals were found during field surveys and no adverse
impacts to this species are anticipated.

B.19 Leatherback (Dermochelys coriacea), State-E, Federal-E
The leatherback turtle is the largest living turtle in the world with lengths between 53 and
70 inches and weighing 650 to 1200 lbs. Seven longitudinal ridges can be found along the
carpace, with five similar ridges on the plastron. The turtle's shell is covered by a smooth
skin, instead of the fragmented scutes found on most turtles. Skin color ranges from black
to dark blue, with occassional patches of white or pink. Their flippers are very large and
lack claws. While found in any salt water environment, leatherbacks spend most of their
time far offshore. Leatherbacks have a unique ability to maintain their internal body
temperature much higher than the surrounding water, therefore they can tolerate a wide
range of temperatures. Leatherback turtles feed almost exclusively on jellyfish. They
occur along the Atlantic coast from New Foundland down to the southern tip of Florida.
North Carolina is its northern-most location for nesting.
Suitable habitat for this species occurs in the sound and tidal creek that are adjacent to the
preservation areas. No individuals were found during field surveys and no adverse
impacts to this species are anticipated.
B.20 Hawksbill (Eretmochelys imbricata), State-E, Federal-E
The hawksbill is the only sea turtle whose scutes (scales) on their carpace tend to
overlap one another. Hawksbill sea turtles have two pairs of prefrontal plates between
the eyes. The adult's keeled shell is amber with streaks of red-brawn, black-brown, or
yellow. The underside is whitish-yellow, occasionally with black spots. Adult females
range from 24-38 inches in length and weigh 60-190 pounds. The life span of this
species of sea turtle is unknown. Males may be distinguished from females by their long
and thick tails, bigger claws and more concave plastron.
The hawksbill is an omnivore, eating mostly algae, sea grasses, soft corals, crustaceans,
mollusks, sponges, jellyfish and sea urchins. Often found near reefs and shallow
estuaries. Nesting occurs on isolated beaches in the Gulf of Mexico and the Caribbean
Sea. The use of its shell, as "tortoiseshell", in trade and commerce has been one of the
factors leading to its decline.
Suitable habitat for this species occurs in the sound and tidal creek that are adjacent to the
preservation areas. Na individuals were found during field surveys and no adverse
impacts to this species are anticipated.
B.21 Northern Diamondback Terrapin (Malaclemys terrapin terrapin), State-SC
Diamondback terrapins inhabit tidal marshes, creeks, sounds, and mudflats where they
forage for mollusks, crabs, worms, dead fish, and vegetation. Males are usually 4-
5.5 in. long and females are 6-9 in. long. This dull-colored turtle has a gray, brown, or
black carapace and a lighter plastron of greenish to yellow. The skin of the neck and
legs may be grayish with black spots or linear flecks, or completely dark. Females nest
during late spring or summer in sandy areas at the edge of the marsh, above high tide,
and the hatchlings emerge in late summer or fall. Some hatchlings may overwinter in the
nest and emerge the following spring (Palmer and Braswell, 1995}.

Although, several accounts of this species venturing into fresh water do exist,
diamondback terrapins prefer salt and brackish waters in coastal marshes, mud flats,
creeks, bays, and similar environments. This species is listed as "obscure" by NHP on the
Buxton USGS quad.
Suitable habitat far this species occurs on the preservation site but no individuals were
observed during field surveys. The restoration and creation of brackish marsh wetland by
this project will provide additional habitat for this species. No adverse impacts to northern
diamondback terrapin are anticipated.
B.22 Timber Rattlesnake {Crotalus horridus), State-SC
The timber rattlesnake is three to six feet long at maturity with dark blotches and wavy
crossbands. Favorite habitats are rocky hillsides, fields bordered by forests, river valleys
and swamps, low pinewoods, and pocosins. Individuals often hide in stump holes and
various cover on the surface. They may be active day or night and nocturnal activity is
common during the summer months. Small mammals constitute the chief food source.
Mating occurs in spring after emergence from the winter dens. The young are usually
born in August and September (Martof et. al., 1980). No suitable habitat far this species
occurs on the conversion site. No adverse impacts to this species are anticipated.
B.23 Carolina Water Snake {Nerodia sipedon wiiliamengels-), State-SC
The Carolina water snake is a coastal variant of the more common. northern
watersnake. They inhabit brackish and salt marshes, typically where Juncos spp. and
Spartina spp. are plentiful. They have also been observed in tidal creeks and canals,
and freshwater impoundments. Its coloration is difficult to discern when not submerged,
appearing almost black. They are believed to feed on fish and amphibians that are small
enough to swallow. Predators include raptors and wading birds. Carolina water snakes
are found almost exclusively on the Outer Banks from Hatteras Village, Dare County to
Cape Lookout, Carteret County. (Palmer and Braswell, 1995}.
Suitable habitat for this species occurs on the preservation site. Na individuals were
observed during field surveys. The restoration and creation of wetlands by this project
will provide more habitat for this species. No adverse impacts to Carolina water snakes
are anticipated.
B.24 Outer Banks Kingsnake {Lampropeltis getulus sticticeps~, State-SC
The Outer Banks kingsnake from the Barrier Islands (Outer Banks} of North Carolina are
considered a separate subspecies of the Eastern Kingsnake. These are shiny dark
brown or black snakes that ranges from 36 to 48 in. in length. While the eastern
kingsnakes are sometimes called "Chain Snakes" because they are patterned with white
or yellow markings that resemble chains, the Outer Banks subspecies displays heavy
lateral speckling, almost completely obscuring the typical "chain" pattern of the eastern
kingsnake. Their scales are smooth.
Although, this snake is and opportunistic feeder and utilizes seasonally available food
sources in a range of Outer Banks habitats, they are most often found in the transitional
zones between the dunes and maritime forests. No suitable habitat for this species
occurs in the project areas and no individuals were found during field surveys. No adverse

impacts to this species are anticipated.
B.25 Seabeach Amaranth (Amara thus puilus}, State-T, Federal-T
Seabeach amaranth is aloes-growing annual with stems that trail along the ground but
do not root. The stems are pinkish-red and fleshy and grow to 4-24 inches. Spinach-
green leaves are thick, oval-shaped with slightly notched or indented tip. Leaves are
alternately branching and 0.4-0.5 inches long, usually clustered toward the tip of the
stem. Flowers grow in clusters at nodes where leaves attach to the main stalk. The
seeds are shiny black. They bloom from June until first frost. Germination occurs from
April to July and flowering and fruiting occurs afterward. This plant inhabits beach
dunes, foredune, overwash flats and sandlshell beach replenishment, and dredge soil.
Seabeach amaranth is intolerant of vegetative competition and is often found without
other plants (Radford et al., 1968).
No suitable habitat for the seabeach amaranth exists in the project areas. No adverse
impacts to this species are expected.
B.26 Snowy Orchid {Platanthera nivea}, State-T
This orchid stands 12-30 inches in height. The flowers are white with a long rear spur.
The lower petals are short and broad, unfringed, and no longer than lateral petals.
Lateral petals are unfringed. This plant blooms from August to September and can be
found in acid bags.
No suitable acid bog habitat for the snowy orchid exists in the project areas. No adverse
impacts to this species are expected.
B.27 Carolina Grasswort {Lilaeopsis carolinensis}, State-T
Carolina grasswort grows in open mud flats of tidal freshwater to slightly brackish marshes
and pools (Amoroso, 1999). It flowers from May to June, but can be located and identified
from foliage alone during other seasons. No suitable open mud flat habitat for the
Carolina grasswart exists in the project areas. No adverse impacts to this species are
expected.
B.28 Saltmarsh Spikegrass {Eleocharis halophila}, State-T
Saltmarch Spikegrass is a rhizomatous, mat-forming perennial that occurs in
saltmarshes. It has calms that are Q.1-0.6 m tall and solitary spikelets. This spikegrass
has callose non-splitting distal leaf sheaths that are proximally red. Suitable habitat for
this species occurs on the preservation site but no individuals were observed during field
surveys. The restoration and creation of wetlands by this project would provide more
habitat for this species. No adverse impacts to this species are anticipated.

Appendix D -Sample Conservatin Easement
STATE OF NORTH CAROLINA CONSERVATION EASEMENT
PROVIDED PURSUANT TO
FULL DELIVERY
MITIGATION CONTRACT
COUNTY
SPO File Number
Prepared by: Office of the Attorney General
Property Control Section
Return to: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
THIS CONSERVATION EASEMENT DEED, made this day of
2006, by Landowner name goes here ,
("Grantor"), whose mailing address is Landowner address goes here
to the State of North Carolina, ("Grantee"), whose mailing address is State of North
Carolina, Department of Administration, State Property Office, 1321 Mail Service
Center, Raleigh, NC 2 7699-13 2 1. The designations of Grantor and Grantee as used
herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq..
the State of North Carolina has established the Ecosystem Enhancement Program
(formerly known as the Wetlands Restoration Program) within the Department of
Environment and Natural Resources for the purposes of acquiring, maintaining, restoring,
enhancing, creating and preserving wetland and riparian resources that contribute to the
protection and improvement of water quality, flood prevention, fisheries, aquatic habitat,
wildlife habitat, and recreational opportunities; and
WHEREAS, this Conservation Easement from Grantor to Grantee has been
negotiated, arranged and provided for as a condition of a full delivery contract between
(insert name and address of full delivery contract provider), and the North Carolina
Department of Environment and Natural Resources, to provide stream, wetland and/or
1

buffer mitigation pursuant to the North Carolina Department of Environment and Natural
Resources Purchase and Services Contract Number
WHEREAS, The State of North Carolina is qualified to be the Grantee of a
Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and
WHEREAS, the Department of Environment and Natural Resources, the North
Carolina Department of Transportation and the United States Army Corps of Engineers,
Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed
by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem
Enhancement Program is to provide for compensatory mitigation by effective protection
of the land, water and natural resources of the State by restoring, enhancing and
preserving ecosystem functions; and
WHEREAS, the acceptance of this instrument for and on behalf of the State of
North Carolina was granted to the Department of Administration by resolution as
approved by the Governor and Council of State adopted at a meeting held in the City of
Raleigh, North Carolina, on the 8a' day of February 2000; and
WHEREAS, the Ecosystem Enhancement Program in the Department of
Environment and Natural Resources, which has been delegated the authority authorized
by the Governor and Council of State to the Department of Administration, has approved
acceptance of this instrument; and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and
being in Township, County, North Carolina (the "Property"),
and being more particularly described as that certain parcel of land containing
approximately acres and being conveyed to the Grantor by deed as recorded in
Deed Book at Page of the County Registry, North Carolina, and
WHEREAS, Grantor is willing to grant a Conservation Easement over the herein
described areas of the Property, thereby restricting and limiting the use of the included
areas of the Property to the terms and conditions and purposes hereinafter set forth, and
Grantee is willing to accept such Conservation Easement. This Conservation Easement
shall be for the protection and benefit of (if known, insert name of stream, branch,
river or waterway here).
NOW, THEREFORE, in consideration of the mutual covenants, terms,
conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably
hereby grants and conveys unto Grantee, its successors and assigns, forever and in
perpetuity, a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over a described area of the Property, referred to hereafter as the
"Easement Area", for the benefit of the people of North Carolina, and being all of the
tract of land as identified as Tract as shown on a plat of survey entitled
" "dated ,certified by ,and recorded in Map
2

Book ,Page County Registry. Tract being more
particularly described as follows:
[INSERT LEGAL DESCRIPTION OR REFERENCE ATTACHED EXHIBIT]
The purposes of this Conservation Easement are to maintain, restore, enhance,
create and preserve wetland and/or riparian resources in the Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently
the Easement Area in its natural condition, consistent with these purposes; and to prevent
any use of the Easement Area that will significantly impair or interfere with these
purposes. To achieve these purposes, the following conditions and restrictions are set
forth:
L DURATION OF EASEMENT
This Conservation Easement shall be perpetual It is an easement in gross, runs
with the land, and is enforceable by Grantee against Grantor, their personal
representatives, heirs, successors, and assigns, lessees, agents, and licensees.
IL GRANTOR RESERVED USES AND RESTRICTED ACTIVITES
The Easement Area shall be restricted from any development or usage that would
impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Easement Area by the
Grantor is prohibited as inconsistent with the purposes of this Conservation Easement.
Any rights not expressly reserved hereunder by the Grantor have been acquired by the
Grantee. The following specific uses are prohibited, restricted, or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped
recreational uses, including hiking, bird watching, hunting and fishing, and access to the
Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement
Area is prohibited, except as they are used exclusively for management, maintenance, or
stewardship purposes, and on existing trails, paths or roads.
B. Educational Uses. The Grantor reserves the right to engage in and permit
others to engage in educational uses in the Easement Area not inconsistent with this
Conservation Easement, and the right of access to the Easement Area for such purposes
including organized educational activities such as site visits and observations.
Educational uses of the property shall not alter vegetation, hydrology or topography of
the site.
C. Vegetative Cutting. Except as related to the removal of non-native plants,
diseased or damaged trees, and vegetation that obstructs, destabilizes or renders unsafe
the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming,
or destruction of any trees and vegetation in the Easement Area is prohibited.
3

D. Industrial, Residential and Commercial Uses. All are prohibited in the
Easement Area.
E. Agricultural Use. All agricultural uses within the Easement Area including
any use for cropland, waste lagoons, or pastureland are prohibited.
F. New Construction. There shall be no building, facility, mobile home,
antenna, utility pole, tower, or other structure constructed or placed in the Easement
Area.
G. Roads and Trails. There shall be no construction of roads, trails, walkways,
or paving in the Easement Area. Existing roads or trails located in the Easement Area
may be maintained by Grantor in order to minimize runoff, sedimentation and for access
to the interior of the Property for management, maintenance, stewardship purposes, or
undeveloped recreational and educational uses of the Easement Area. Existing roads,
trails or paths may be maintained with loose gravel or permanent vegetation to stabilize
or cover the surfaces.
A. Signs. No signs shall be permitted in the Easement Area except interpretive
signs describing restoration activities and the conservation values of the Easement Area,
signs identifying the owner of the Property and the holder of the Conservation Easement,
signs giving directions, or signs prescribing rules and regulations for the use of the
Easement Area maybe allowed.
L Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances or machinery, or other material in the Easement
Area is prohibited.
J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading,
filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel,
rock, peat, minerals, or other materials.
K. Water Quality and Drainage Patterns. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or diverting, causing,
allowing or permitting the diversion of surface or underground water. No altering or
tampering with water control structures or devices, or disruption or alteration of the
restored, enhanced, or created drainage patterns. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited. In the event of an emergency interruption or shortage of all other water
sources, water from within the Easement Area may temporarily be used for good cause
shown as needed for the survival of livestock and agricultural production.
L. Subdivision and Conveyance. Grantor voluntarily agrees that no
subdivision, partitioning, or dividing of the underlying fee that is subject to this Easement
is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the
underlying fee for the Easement Area and the rights as conveyed herein shall be as a
4

single block of property. Any future transfer of the fee simple shall be subject to this
Conservation Easement. Any transfer of the fee is subject to the Grantee's right of
ingress, egress, and regress over and across the Property to the Easement Area for the
purposes set forth herein.
M. Development Rights. All development rights are removed from the
Easement Area and shall not be transferred.
N. Disturbance of Natural Features. Any change, disturbance, alteration or
impairment of the natural features of the Easement Area or any intentional introduction
ofnon-native plants, trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good
cause shown, provided that any such request is consistent with the purposes of this
Conservation Easement. The Grantor shall not vary from the above restrictions without
first obtaining written approval from the N.C. Ecosystem Enhancement Program, whose
mailing address is 1652 Mail Services Center, Raleigh, NC 27699-1652.
III. GRANTEE RESERVED USES
A. Ingress, Egress, Regress and Inspection. The Grantee, its employees
and agents, successors and assigns, receive the perpetual right of general ingress, egress,
and regress to the Easement Area over the Property at reasonable times to undertake any
activities to restore, manage, maintain, enhance, and monitor the wetland and riparian
resources of the Easement Area, in accordance with restoration activities or a long-term
management plan. Unless otherwise specifically set forth in this Conservation Easement,
the rights granted herein do not include or establish for the public any access rights.
B. Restoration Activities. These activities include planting of trees, shrubs
and herbaceous vegetation, installation of monitoring wells, utilization of heavy
equipment to grade, fill, and prepare the soil, modification of the hydrology of the site,
and installation of natural and manmade materials as needed to direct in-stream, above
ground, and subterraneous water flow.
IV. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation
Easement, Grantee is allowed to prevent any activity within the Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Easement Area that may have been damaged by such activity or
use. Upon any breach of the terms of this Conservation Easement by Grantor, their
successors or assigns, that comes to the attention of the Grantee, the Grantee shall,
except as provided below, notify the Grantor, their successors or assigns in writing of
such breach. The Grantor shall have ninety (90) days after receipt of such notice to
correct the conditions constituting such breach. If the breach remains uncured after
ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate
5

legal proceedings including damages, injunctive and other relief. The Grantee shall also
have the power and authority, consistent with its statutory authority: (a) to prevent any
impairment of the Easement Area by acts which may be unlawful or in violation of this
Conservation Easement; (b) to otherwise preserve or protect its interest in the Property;
or (c) to seek damages from any appropriate person or entity. Notwithstanding the
foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary
restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement. The Grantor and Grantee
acknowledge that under such circumstances damage to the Grantee would be irreparable
and remedies at law will be inadequate. The rights and remedies of the Grantee provided
hereunder shall be in addition to, and not in lieu of, all other rights and remedies available
to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors
and assigns, have the right, with reasonable notice, to enter the Easement Area over the
Property at reasonable times for the purpose of inspection to determine whether the
Grantor, their successors or assigns are complying with the terms, conditions and
restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this
Conservation Easement shall be construed to entitle Grantee to bring any action against
Grantor, their successors or assigns, for any injury or change in the Easement Area
caused by third parties, resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken in good faith by the Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to life, damage to property or harm to the Property resulting
from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring,
any costs incurred by Grantee in enforcing the terms of this Conservation Easement
against Grantor, their successors or assigns, including, without limitation, any costs of
restoration necessitated by Grantor's acts or omissions in violation of the terms of this
Conservation Easement, shall be borne by Grantor.
No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the
event of any breach of any term set forth herein shall not be construed to be a waiver by
Grantee.
V. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect
to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is
found to be invalid, the remainder of the provisions of the Conservation Easement, and
6

the application of such provision to persons or circumstances other than those as to which
it is found to be invalid, shall not be affected thereby.
B. Any notices shall be sent by registered or certified mail, return receipt
requested to the parties at their addresses shown above or to other address(es) as either
party establishes in writing upon notification to the other.
C. Grantor shall notify Grantee in writing of the name and address and any
party to whom the Property or any part thereof is to be transferred at or prior to the time
said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other
legal instrument by which any interest in the Property is conveyed subject to the
Conservation Easement herein created.
D. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or
any portion thereof.
E. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the purposes of the Conservation Easement.
F. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however, that the Grantee hereby
covenants and agrees, that in the event it transfers or assigns this Conservation Easement,
the organization receiving the interest will be a qualified holder under N. C. Gen. Stat. §
121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further
covenants and agrees that the terms of the transfer or assignment will be such that the
transferee or assignee will be required to continue in perpetuity the conservation purposes
described in this document.
VL QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property,
including the right to engage in or permit or invite others to engage in only those uses of
the Easement Area that are expressly reserved herein, not prohibited or restricted herein,
and are not inconsistent with the purposes of this Conservation Easement. Without
limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor,
and the Grantor's invitees and licensees, the right of access to the Easement Area, and the
right of quiet enjoyment of the Easement Area.
TO HAVE AND TO HOLD the said rights and easements perpetually unto the
State of North Carolina for the aforesaid purposes.
AND Grantor covenants that Grantor is seized of said premises in fee and has the
right to convey the permanent Conservation Easement herein granted; that the same are
7

free from encumbrances and that Grantor will warrant and defend title to the same against
the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal,
the day and year first above written.
NORTH CAROLINA
COUNTY OF
(SEAL)
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that ,Grantor, personally
appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 200
Notary Public
My commission expires:
8

Fi~stSea~ch Technology ~'o~po~ation
Environmental FirstSearcliM Report
TARGET PROPERTY:
COURTSIDE DR
AVON NC 2791
Job Number: 2426
PREPARED FOR:
Robert J Goldstein and Associates, Inc.
1221 Corporation Pkwy, Ste 14(}
Raleigh, NC 27610
o~-os-o6
Environmental
FIRSTS;A
e
~-~- ~J
Tel: (4Qi) 265-89Q0 Fax: (4Q7) 265-89Q4
EnSFironmerrtal FirstSearch is a registered trademark of Fi~stSearch Technology Corporation. All rights reserved.

Environmental Fi~stSearch
Search Sunama~y Report
Target Site: C~URTSIDE DR
AVON NC 27915
1+'irst.5earch Summa
Database Sel Updated Radius Site 1/8 1/4 1/2 1/2> ZIP TOTALS
NPL Y 04-10-06 1.00 0 0 0 0 0 0 0
CERCLIS Y 03-08-06 0.50 0 0 0 0 - 0 0
NFRAP Y 03-08-06 0.25 0 0 0 - - 0 0
RC_,Rr`~ TSD Y 02-16-06 0.50 0 0 0 0 - 0 0
RCRA COR Y 02-16-06 1.00 0 0 0 0 0 0 0
RCRA GEN Y 02-16-06 0.25 0 0 0 - - 0 0
ERNS Y 12-31-OS 0.25 0 0 0 - - 4 4
State Sites Y 02-15-06 1.00 0 0 0 0 0 0 0
Spills-1990 Y 02-07-06 0.25 0 0 0 - - 4 4
StUL Y 04-21-06 0.50 0 0 0 0 - 0 0
REG UST/AST Y 12-O1-OS 0.25 0 0 0 - - 4 4
Leaking UST Y 02-15-06 0.50 0 0 0 0 - 4 4
-TOTALS - 0 0 0 0 0 16 16
Notice of Disclaimer
Due to the limitations, constraints, inaccuracies and incompleteness of government information and computer mapping data. currently available to
FirstSearch Technology Corp., certain conventions have been utilized in preparing the locations of all federal, state and local agency sites residing in
FirstSearch Technology Corp.'s databases. All EPA NPL and slate landfill sites are depicted by a rectangle approximating their location and size. The
boundaries of the rectangles represent the eastern and western most longitudes; the northern and southern most latitudes. As such, the mapped areas
may exceed the actual areas and do not represent the actual boundaries of these properties. All other sites are depicted by a point representing their
approximate address location and make no attempt to represent the actual areas of the associated property. Actual boundaries and locations of
individual properties can be found in the files residing at the agency responsible for such information.
~~Taiver of Liability
Although FirstSearch Technology Corp. uses its best efforts to research the actual location of each site. FirstSearch Technology Cora. dues not and
can not wan~ant the accuracy of these sites with regard to exact location and size. All authorized users of FirstSearch Technology Corp.'s services i
proceeding are signifying an understanding of FirstSearclr Technology Corp.'s searching and mapping conventions, and agree to waive any and all
liability claims associatedwith search and map results showing incomplete and or inaccurate site locations.

Environmental FirstSearcli
Site Information Report
Request Date: 06-08-06 Search Type:
Requestor Name: Chris Hopper Job Number:
Standard: AST1V1
TARGET ADDRESS: COURTSIDE DR
A~jON NC 27915
Demog~^aphics
COORD
242&
Sites: 1b Nan-Geocaded: 1b Population: NA
Radon: NA
Site Location
De6rees (Decimal) Degrees (Min/Sec) UTMs
Longitude: -75.511008 -75:30:40 Easting: 453557.507
Latitude: 35.33199 35:19:55 Northing: 3909781.724
Zone: 18
Comment
Comment:
Aelditiorzal Requests;~Set°vices
Adjacent ZIP Codes: 0 Mile(s) Services:
ZIP
Code Cit Name ST Dist/Dir Sel Re Ue5ted? Date

Sanborns No
Aerial Photographs No
Historical Topos No
City Directories No
Title Search No
Municipal Reports No
Online Topos No

Environmental FirstSearch
Sites Sufnmary Report
TARGET SIT E: COURTSIDE DR ,jpg; 2426
AVON NC 27915
TOTAL: 16 GEOCODID: 0 NON GEOCODID: 16 SELECTID: 0
Map ID DB Type Site Name/ID/Status Address DistlDir Page No.

ERNS BTW SALVO AND AVON,NC NON GC NIA
NRC-71197S~STORAGE TANK AVON NC 27915
ERNS MOBILE OIL 3/4 MILE NORTH OF RAMP 38 NON GC N/A
284677/FIXED FACILITY AVON NC 27915
ERNS 70 GREEN~h'OOD PL NON GC N/A
446019/UNKNO1~i~N AVON NC 27915
ERNS ATLANTIC OCEAN 50 I'ARDS SOUTH OF FISHING P NON GC N/A
NRC-599490/STORAGE TANK AVON NC 27915
LUST AV ON SHOPPING CENTER HWY 12&HARBOURRD. NON GC NIA
NCI-006792/CLOSED OUT AVON NC 27915
LUST ASKINS CREEK STORE HIGHWAY 12 NON GC N/A
NCI-005677,`CLOSED OUT AVON NC 27915
LUST ASKINS CREEK BP 62676 NC HICrHWAY 12 NON GC N/A
NCI-085216/ASSESSMENT AVON NC 27915
LUST CARROL S SEAFOOD STORE/STONEY HIGHI~~AY 12 NON GC NIA
NCI-012211/CLOSED OUT AVON NC 27915
SPILLS CARROL S SEAFOOD STORE/STONEY HIGHI~~AY 12 NON GC NIA
12211/CLOSED OL1T AVON NC 27915
SPILLS ASKINS CREEK BP 62676 NC HIGHtti~Al' 12 NON GC NIA
85216/ASSESSI•~NT AVON NC 27915
SPILLS ASKINS CREEK STORE HIGHWAY 12 NON GC N/A
5677/CLOSED OUT AVON NC 27915
SPILLS AVON SHOPPINGr CENTER HWY 12 & HARBOUR RD. NON GC N/A
6792/CLOSED OUT AVON NC 27915
UST AVON MARKET 40168 NC HIGHWAY 12 NON GC N/A
0-031157 AVON NC 27915
UST STONEY S SEAFOOD 40658 HWY 12 NON GC N/A
0-012653 Al'ON NC 27915
UST SUIvIMER BREEZE INC. 40374 HWY 12 NON GC N/A
0-021113 AV ON NC 27915
UST ASKINS CREEK STORE 42675 HVdY 12 NON GC N/A
0-031158 AVON NC 27915

Szte Details Page - 1

Environmental FirstSearch Database Descriptions
NPL: EPA NATIONAL PRIORITY LIST -Database of confirmed, proposed or deleted Superfund sites.
CERCLIS: EPA COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LIABILITY INFORMATION SYSTEM -Database of current and potential Superfund sites currently or
previously under investigation.
NFRAP: EPA COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LIABILITY INFORMATION SYSTEM ARCHIVED SITES -database of Archive designated CERCLA sites
that, to the best of EPA's knowledge, assessment has been completed and has determined no further steps will be
taken to list this site on the National Priorities List (NPL). This decision does not necessarily mean that there is
no hazard associated with a given site; it only means that, based upon available information, the location is not
judged to be a potential NPL site.
RCRA TSD: EPA RESOURCE CONSERVATION AND RECOVERY INFORMATION SYSTEM
TREATMENT, STORAGE, and DISPOSAL FACILITIES. -Database of facilities licensed to store, treat and
dispose of hazardous waste materials.
RCRA COR: EPA RESOURCE CONSERVATION AND RECOVERY INFORMATION SYSTEM SITES
- Database of RCRA facilities with reported violations and subject to corrective actions.
RCRA GEN: EPA RESOURCE CONSERVATION AND RECOVERY INFORMATION SYSTEM SITES
- Database of facilities that generate or transport hazardous waste or meet other RCRA requirements.LGN -
Large Quantity GeneratorsSGN -Small Quantity GeneratorsVGN -Conditionally Exempt Generator.Included
are RAATS (RCRA Administrative Action Tracking System) and CMEL (Compliance Monitoring &
Enforcement List) facilities.
ERNS: EPA/NRC EMERGENCY RESPONSE NOTIFICATION SYSTEM -Database of emergency
response actions. Data since January 2001 has been received from the National Response System database as the
EPA no longer maintains this data.
STATE SITES: NCDENR STATE INACTIVE HAZARDOUS SITES LIST -Database of sites and
Facilities that are being investigated due to reported releases of Hazardous substances. Included within this
Inactive Hazardous Waste Sites Inventory database are the following classifications: Inactive Hazardous Waste
Sites (IHS), No Further Action Sites (NFA), Duplicate Sites (DS), Inactive Hazardous Waste Sites Priority List
Sites (SPL)
SPILLS-1990: NCDENR INCIDENT MANAGEMENT DATA (UST and Groundwater) -database of
possible releases/spills of contaminants. The data includes media affected, material released, source and site

priority.
SWL: NCDENR ALL PERMITTED SOLID WASTE FACILITIES -database of C&D Landfill, Compost,
House Hold Hazardous Waste landfill, Incinerator (Industrial) Landfill, Incinerator (Medical) Landfill,
Industrial Landfill, Land Clearing and Inert Debris Landfill, Mixed Waste Processing Landfill, Municipal Solid
Waste Landfill, Tire Treatment and Processing Landfill, and Transfer and Processing Stations.
REG UST/AST: NCDENR/EPA REGISTERED TANKS and FACILITY DATABASE -database of
underground storage tanks registered with the North Carolina Deparhnent of Environment and Natural
Resources. Inclusion on this list indicates the presence of underground petroleum storage tanks and therefore the
potential for environmental problems. It does not necessarily indicate existing problems.TRIBAL LAND
UNDERGROUND STORAGE TANKS -database of underground storage tanks that are reported to be on
Native American lands.
LEAHING UST: NCDENR INCIDENT MANAGEMENT DATA (UST and Groundwater) -database of
leaking underground storage tanks. This database is a subset of the Incident Management Data (UST and
Groundwater) where the source is leaking, ust. This data is concerned with petroleum storage systems and
includes facilities and/or locations that have reported the possible release of contaminants. This database also
includes State Spill Sites.
RADON: NTIS NATIONAL RADON DATABASE -EPA radon data from 1990-1991 national radon
project collected for a variety of zip codes across the United States.

Environmental FirstSearch Database Sources
NPL: EPA Environmental Protection Agency
Updated quarterly
CERCLIS: EPA Environmental Protection Agency
Updated quarterly
NFRAP: EPA Environmental Protection Agency.
Updated quarterly
RCRA TSD: EPA Environmental Protection Agency.
Updated quarterly
RCRA COR: EPA Environmental Protection Agency.
Updated quarterly
RCRA GEN: EPA Environmental Protection Agency.
Updated quarterly
ERNS: EPA/NRC Environmental Protection Agency
Updated semi-annually
STATE SITES: NCDENR North Carolina Department of Environment and Natural Resources, Division of
Waste Management
Updated quarterly
SPILLS-1990: NCDENR North Carolina Department of Environment and Natural Resources, Division of
Water Quality/Groundwater Section
Updated quarterly
SWL: NCDENR North Carolina Department of Environment and Natural Resources, Division of Waste
Management
Updated armually
REG UST/AST: NCDENR/EPA North Carolina Department of Environment and Natural Resources,
Division of Waste Management

Updated quarterly
LEAHING UST: NCDENR North Carolina Department of Environment and Natural Resources, Division of
Water Quality/Groundwater Section
Updated quarterly
RADON: NTIS Environmental Protection Agency, National Technical Information Services
Updated penoc&cally

Environmental FirstSearch
Street Nafne Repo~~ for Streets within 1 Mile(s) of Target Property
TARGET SITE: COURTSIDE DR ,jp$; 2426
AVON NC 27915
Street Name Dist/Dir Street Name DistlDir
Anchor Ct 0.58 NE
Askins Creek North D 0.47 SE
Askins Creek South D 0.53 SE
Askins Creekd Dr 0.41 SW
Breeches Bouy Ln 0.45 NE
Bricantine Ct 0.53 NE
Carronade Ct 0.43 NE
Cedar Cir 0.16 SE
Channel Ct 0.62 NE
Costen Light Ct 0.50 NE
Creekside Dr 0.67 SE
Dory Ln 0.63 NE
Fathom Ct 0.83 NE
Greenwood Pl 0.21 SE
Kinakeet Blvd 0.19 NE
Kinnakeet Dr 0.19 SE
Kinnakeet Shores 0.29 SE
Lakeside Dr 0.17 NE
Latitude Ln 0.26 NE
Ivlyrtle Dr 0.27 NE
Ocean View Dr 0.24 SE
Pampas Dr 0.37 NE
Park Dr 0.71 SE
Pheasant Ct 0.49 SE
Phesant Cir 0.21 SE
Portside Dr 0.26 NtV
Seaside Dr 0.23 NE
Shallow Point Dr 0.67 SE
Starboard Dr 0.28 NE
State Highway 12 0.21 SE
Tem St 0.58 NE
Williams Rd 1.00 NW
Windlass Ct 0.86 NE
Y"ucca St 0.51 NE

~ Environmental FirstSearch
1 Mile Radius Environmental
~' ~ -- _ _ _ _ _ _ _ -- -- _ FTR STSIR~H
- Hs i iw swap: ivr~, KI:KHI:UK, s i H i t si>•es
U ~t~-
COURTSIDE DR, AVON NC 27915
pp~
Pf
~I
M
T d
_d f
.' }ff
~~
f
Source: 2001 U.S. Census TIGER Files
Target Site (Latitude: 3533199 Longitude: -75.511008) ............
Identified Site, Multiple Sites, Receptor ...........................................
NPL, Brownfield, Solid Waste Landfill (SWL) or Hazardous Waste
Railroads ............................................................................................
Black Rings Represent 1/4 Mile Radius; Red Ring Represents 500 ft. Radius

~ Environmental FirstSearch
.5 Mile Radius Environmental
~' ~ -- ---- - --- --- -- - FTRSTSi2~i
HJ I IVI IVlap: laKI:LIJ, KI:KH I JU, LUJ I , JVVL ~
U ~t~-
000RTSIDE DR, AVON NC 27915

rl+~ I
~1
i
i
I
rfr
d;
ry Jr
~
4~i I ~ rIJJJ
it ~r
~l
~o
~~
f ~~
ffII~
I
~.
4~
Source: 2001 U.S. Census TIGER Files
Target Site (Latitude: 3533199 Longitude: -75.511008) ............
Identified Site, Multiple Sites, Receptor ...........................................
NPL, Brownfield, Solid Waste Landfill (SWL) or Hazardous Waste
Railroads ............................................................................................
Black Rings Represent 1/4 Mile Radius; Red Ring Represents 500 ft. Radius

~v r
U
Environmental FirstSearch
.25 Mile Radius
ASTM Map: RCRAGEN, ERNS, UST
COURTSIDE DR, AVON NC 27915
Environmental 1
FIRSTS
~~k
Source: 2001 U.S. Census TIGER Files
Target Site (Latitude: 3533199 Longitude: -75.511008) ............
Identified Site, Multiple Sites, Receptor ...........................................
NPL, Brownfield, Solid Waste Landfill (SWL) or Hazardous Waste
Railroads ............................................................................................ -
Black Rings Represent 1/4 Mile Radius; Red Ring Represents 500 ft. Radius

~v r
U
Environmental FirstSearch
.25 Mile Radius
Non-ASTM Map: No Sites Found
COURTSIDE DR, AVON NC 27915
Environmental 1
FIRSTS
~~k
Source: 2001 U.S. Census TIGER Files
Target Site (Latitude: 3533199 Longitude: -75.511008) ............
Identified Site, Multiple Sites, Receptor ...........................................
NPL, Brownfield, Solid Waste Landfill (SWL) or Hazardous Waste
National Historic Sites and Landmark Sites .......................................
Railroads ............................................................................................
Black Rings Represent 1/4 Mile Radius; Red Ring Represents 500 ft. Radius