19890192 Ver 1_Complete File_19890101

14 C,
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett
William W. Cobey, Jr., Secretary Director
April 6, 1989
Mr. Robert Stewart
BISSELL ASSOCIATES
P. 0. Drawer 1068
Kitty Hawk, NC 27949
Dear Mr. Stewart:
This letter is in response to your application request on behalf of Mr.
Brian Newman for a pertpit under the Coastal Area Management Act (CAMA) to
develop a hotel, restaurant and retail and office complex on Currituck Sound
immediately south of Highway 158 in Kitty Hawk, in Dare County. Processing of
your application, which was initially accepted as complete on November 8, 1988
and for which notice of extended review was given on February 3, is now
complete.
Based on the foregoing review, including onsite investigation by
representatives of state and Federal agencies, the Division of Coastal
Management has made the following findings:
(1) The project, as presently designed, would permanently alter by excavation
and/or filling approximately 61,000 square feet of wetlands;
(2) Findings of the Division of Environmental Management (DEM) are that
sewage treatment facilities may also be located in wetlands, which are
determined to be waters of the state;
(3) Due to adverse water quality impacts, the siting of sewage treatment
drainfields in wetlands is generally unacceptable to DEM;
(4) The planned filling would cause a loss of existing use of the wetlands
and therefore contravene the Environmental Management's Commission Water
Quality Standards on Antidegradation;
(5) Additional information requested by DEM to provide for a more detailed
review of the development concept has, after three such requests, not
been provided;
(6) The Corps of Engineers retired the subject application on March 3, 1989
due to a lack of wetland information. Therefore, the Corps input to this
final action on a joint review is not available;
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Mr. Brian Newman
Page 2
April 6, 1989
(7) The project site represents one of the last areas of hill and swale
forest with a diverse forest cover consisting of live oaks, gums, red
maple, etc. Such alteration, according to the Wildlife Resources
Commission, would hasten the loss of a fundamental and unique ecosystem;
(8) The proposed excavation and filling of wetland has been determined to be
inconsistent with Kitty Hawk Land Use Plan; and
(9) The project, as presently designed, is determined to be inconsistent with
Coastal Resources Commission Rule NCAC 7H.0208(a)(2)(c) which requires
that development not violate water quality standards.
Given the foregoing findings, it is necessary that your request for a
permit under the Coastal Area Management Act be denied. This denial is made
under: N.C.G.S. 113A-120(8), which requires denial of projects inconsistent
with the State Guidelines for Areas of Environmental Concern or the local land
use plan.
If you wish to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge who listens
to the evidence and arguments of both parties and then makes a recommendation
to the Coastal Resources Commission.. Your request for a hearing must be in
the form of a written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the
Office of Administrative Hearings, P. 0. Drawer 11666, Raleigh, N. C. 27604
[phone] within 28 days of this decision on your permit application. A
copy of the petition should be filed with this office.
Also, you should be advised that as long as this state permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.
1-^ . I,&
V
Mr. Brian Newman
Page 3
April 6, 1989
If you have any questions concerning this matter, please contact Mr. John
Parker at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sinc rely,
George Everett
GTE/aw
cc: Mr. Brian Newman
Kitty Hawk
Andreas Mager, Jr.
U. S. Dept. of Commerce, OCRM
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers .
Wilmington, NC

DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
April 3, 1989
M E M O R A N D U M
TO: John Parker
FROM: Bill Mill SUBJECT: Application for CAMA Permit
Brian Newman
Dare County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. The proposed project will require a 401 Water
Quality Certification. Advertisement for the
application has been completed through the CAMA
joint notice. However, there has been no final
decision on the. Certification due to the lack of
adequate information from the applicant on the
exact location of proposed sewage disposal system
with respect to 404 wetlands.
b. Our field staff visited this site on January 12,
1989 and met with the applicant's agent, Mr.
DeLucia. Discussions at that time centered around
the exact location of sewage disposal areas (to be
permitted by DHS) and their relationship to
delineated 404 wetlands. It was our understanding
that some drainfields were located in wetland
areas. Such locations are generally unacceptable
to our agency from a potential water quality
impact standpoint. Mr. DeLucia advised that he
would prepare revised drainfield layouts avoiding
404 wetland areas. A letter was sent to DeLucia
on January 13, 1989 confirming the need for the
revised site drawing showing the sewage treatment
site so that our evaluation could be completed.
Another discussion was held with Mr. DeLucia in
February about the need for this information. We
were advised that the information was not
completed because of difficulties with the Corps
in agreement on the 404 delineation. To date the
requested information has not been received.
41- r 0
- 2 -
C. The Corps sent Mr. Newman a letter dated March 3,
1989 advising that the 404 delineation submitted
in the application was not acceptable and retiring
the file.
d. The loss of the wetlands which have been proposed
in this project to date would appear to be in
conflict with FMC's Water Quality Standards on
Antidegradation. The planned filling, excavation,
and inundation of these wetlands will cause a loss
of their existing uses as waters of the State.
e. It is recommended that the permit be denied due to
the incomplete information provided to date on
sewage disposal and wetland delineation. The
effect on areas which are shown by the applicant
as wetlands is also unacceptable in that the
existing uses of these areas will be lost. If the
permit cannot be denied, it should at least be
held in abeyance pending resolution of the
delineation issue and adequate information on
sewage disposal.
BM/dbp
• cc,: Jim Mulligan
?STATEo
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
State of North Carolina
Department of Natural Resources and Community Development
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor Lorraine G. Shinn
William W. Cobey, Jr., Secretary Regional Manager IRONM DIVISION OF March 9?1989MANAGEMENT ?

Mr. John N. DeLucia MAR 3 0 1989
Bissell Associates WATL i? (101 ;TY SECTION
PO Drawer 1068 OpFc -P
P C F1
Kitty Hawk NC 27949
SUBJECT: Request for Information - Brian Newman - Promenade
Dare County
Dear Mr. DeLucia:
On January 13, 1989, the Washington Regional Office of the Division of
Environmental Management requested information concerning the Brian
Newman - Promenade project in order to evaluate the project and
provide comments and recommendations to the Division of Coastal
Management in Raleigh NC (see attachment). To date we have not
received the necessary information needed to provide comments or
recommendations. If this office does not receive the requested
information with 14 days from receipt of this letter, a recommendation
to deny this project will be made to the Division of Coastal
Management as well as a recommendation to deny the request for a 401
certification, if needed, from the Division of Environmental
Management due to insufficient information supplied to this Division.
Please respond within the requested time in order to avoid undue
delays with your permit application.
If you have any questions or comment, please call this office at
946-6481.
Sincerely,
Deborah A. Sawyer
Environmental Technician
DAS/cm
cc: Bill Mills
John Parker
DCM - Elizabeth City
P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
?,. SrATt'e GL
t
State of North Carolina
Department of Natural Resources and Community Development
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. hlanin, Governor Lorraine G. Shinn
William W. Cobey, Jr., Secretary Regional Manager
bb8
k. ?
DIVISION OF ENVIRONMENTAL MANAGEMENT
SUBJECT: C Application
1 -?-o ooS'3
..? County
Dear //, . X& gtte?
he subject application was received at this office on
R /The Division of Environmental
Management, Water Quality Section, is one of several State agencies
that provides comments and recommendations to the Division of Coastal
Management in Raleigh, NC. An evaluation of your proposed project has
been conducted in order to identify potential impacts on water
quality.
If you have any questions, or need additional assistance, please
feel free to contact me at 919/946-6481.
Sincerely,
LJ,..4. A. ga---r-
Deborah A. Sawyer
Environmental Technician
cc: Bill Mills
DCM
P.0 Boa 1507, Washignon North Carolina 27889.1507 Tclcphone 919.9466481
A. Fntol C1nmminiry Affirmative Acrinn Emolawr
The following information is needed in order to complete our
evaluation of the proposed project:

DEPARTMENT OF THE ARMY
??? •` .,?,?%:. WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
Febru 1989
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-CO89-N-028-0054
Mr. Brian Newman
Post Office Box 399
Kitty Hawk, North Carolina 27949
Dear Mr. Newman:
Reference your application for Department of the Army authorization to
construct two piers and place excavated and fill materials in wetlands on and
adjacent Currituck Sound associated with the proposed Promenade Development,
Kitty Hawk Woods, Kitty Hawk, Dare County, North Carolina.
In our November 15, 1988, .letter to you and several telephone
conversations with your consultant, Bissell Associates, we have explained that
the wetland jurisdictional line shown on your application plans has not been
verified by the Corps of Engineers. Additionally, our records do not reflect
the'verificat.ion of any jurisdictional surveys of your property. If one was
done during 1985 or 1986, as you suggest, too much time has elapsed to accept
any jurisdictional line without a reappraisal. to see if It reflects current
standards for wetland determinations. Also, the area you now plan to develop
differs from (is larger than) the area you were considering for development
during 1985/1986.
On December 7, 1988, you and Messers. Bill Gilbert, George Wood, and John
Rodgers of. Bissell Associates met onsite with Ms. Alison Arnold of my staff to
review a Bissell Associates' survey of a 1985/1986 wetland line. It was
determined that the area of wetlands to be affected by your proposed work is
significantly larger than that represented in your appl.i.cati.on. At this
meeting, you indicated that you would gave the limits of wetlands within the
project reflagged and surveyed and submitted to Ms. Arnold for verification.
Subsequently, at Mr. George Wood's request, Ms. Arnold met onsite with
Mr. Rogers and him to inspect the revised wetland line and survey. At this
meeting, Mr. Wood informed Ms. Arnold that you had authorized only a partial
review of the property and a complete wetland survey was not avai.:Labl.e.
, W- . w
-2-
We cannot accept the wetland jurisdictional line as presently indicated by
your application. The information provided constitutes an incomplete
application. Therefore, we have retired your file until such time as the
limits of wetlands within the project area are accurately and completely
presented. This administrative action does not jeopardize further action. At
such time as the necessary information is available, we will. gladly renew your
application and process it to completion as expeditiously as possible.
We remain available to assist you. If you have any questions, please do
not hesitate to contact Ms. Arnold at [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Y-? V I C"-r
1
S U ?

Copes Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina 'Department of Natural
Resources and Community Development
Post. Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional.' Office
North Carolina Division of.
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909.
Ms. L. K. (Mike) Gantt,
Supervisor
Division of Ecological
U.S. Fish and Wildlife
Post Office Box 33726
Raleigh, North Carolina
Field
Services
Service
27636-3726
-3-
Mr. Randy Cheek
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Robert F. McGhee, Chief
Marine and Estuarine Branch
U.S. Environmental Protection Agency
Region IV
345 Courtland Street
Atlanta, Georgia 30365
Mr. David L. Monroe
Town Planner
Town of Kitty Hawk
Post. Office Box 549 5k`
Kitty Hawk, North Carolina 27949
x
Bissell Associates
Post Office Drawer 1062
Kitty Hawk, North ,Carolina 27949 '
W-%, ...

CEIV. 0
JAN 1 9 i v
State of North Carolina WATER QUALITY ?'"CTIO 1
Department of Natural Resources and Community Deve PS??A,,RtNS 13! A NCI-!.
. Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
064
Dear
f'/!mot . I
Lorraine G. Shinn
Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
SUBJECT: C Application
1 -? od5'3
t ?.? County
he subject application was received at this office on
/j` The Division of Environmental
Management, Water Quality Section, is one of several State agencies
that provides comments and recommendations to the Division of Coastal
Management in Raleigh, NC. An evaluation of your proposed project has
been conducted in order to identify potential impacts on water
quality.
If you have any questions, or need additional assistance, please
feel free to contact me at 919/946-6481.
Sincerely,
/ ga-r-
cc: Bill Mil
DCM
Deborah A. Sawyer
Environmental Technician
P.O Boa 1507, Washington North Carolina 27889.1507 Telephone [phone]
An Equal Opportunity Affirmative Action Employrr
The following information is needed in order to complete our
evaluation of the proposed project:
DIVISION OF ENVIRONMENTAL MANAGEMENT
tdATER QUALITY SECTION
Comm n concerning a applicati n,for State Fe eral CAMA Permi ( ) frgm6?/
37
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by mor..e than 50 NTU's as a
result of the proposed activity.after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a..result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification-w4 ill be a t?d o
:
or after y: ./,
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25,
1977, for sewer line construction
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland dis o.sal construction.
areas.
is J ?S
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

?\

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community
Development hereby gives public notice as required by NCGS
113A-119(b) and 143-215 3(a).(1)(c) that BRIAN NEWMAN of Kitty
Hawk, filed an application on November 8, 1988, for a permit from
the Division of Coastal Management to develop in an Area of
Environmental Concern and for certification from the Division of
Environmental Management that a discharge of fill material in
project wetlands will not violate applicable water quality
standards.
According to said application BRIAN NEWMAN proposes to
construct 10 retail/office buildings, 2 restaurants, a 90-unit
motel, a sailing rental center, tennis courts, 4 septic tanks,
pumping and disposal systems and paved parking lots. Also
proposed is excavation of 3 ponds, 2 vehicular bridges, 2- 6'
wide X 500' long piers with 500 sq. ft. gazebos, boardwalks and
decks.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
David R. Griffin, Division of Coastal Management, located at
Route 6, Box 203, Elizabeth City, N.C., [phone], and/or
the office of Bill Moore, Division of Environmental Management,
NRCD Regional Field Office, Washington,'N.C., 27889.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
January 6, 1989. The issuance of the CAMA Major Development
permit and the Section 401 Certification may deviate from this
projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Mr. David Owens, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 26, 1988 for consideration in the CAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C. 27611, prior to December 26, 1988 for
consideration in the water quality certification decision. Later
comments on the LAMA application'will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Sunday, December 11, 1988
i?
I
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community
Development hereby gives public notice as required by NCGS
113A-119(b) and 143-215 3(a)(1)(c) that BRIAN NEWMAN of Kitty
Hawk, filed an application on November 8, 1988, for a permit
the Division of Coastal Management to develop in an Area of
Environmental Concern and for certification from the Division
Environmental Management that a discharge of fill material in
project wetlands will not violate applicable water quality
standards.
from
of
According to said application BRIAN NEWMAN proposes to .
construct 10 retail/office buildings, 2 restaurants, a 90-unit
motel, a sailing rental center, tennis courts, 4 septic tanks,
pumping and disposal systems and paved parking lots. Also
proposed is excavation of 3 ponds, 2 vehicular bridges, 2- 6'
wide X 500' long piers with 500 sq. ft. gazebos, boardwalks and
decks.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
David R. Griffin, Division of Coastal Management, located at
Route 6, Box 203, Elizabeth City, N.C., [phone], and/or
the office of Bill Moore, Division of Environmental Management,
NRCD Regional Field Office, Washington, N.C., 27889.
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
January 6, 1989. The issuance of the CAMA Major Development
permit and the Section 401 Certification may deviate from this
projected date depending upon the nature of the comments
submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Mr. David Owens, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 26, 1988 for consideration in the LAMA permit decision,
and to Mr. Bill Mills, Division of Environmental Management, P.O.
Box 27687, Raleigh, N.C., 27611, prior to December 26, 1988 for
consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Sunday, December 11, 1988

ACTION ADD FILE ;.: r t..: p., MA.: •} ; PS WD ;• FORMAT r ','•; ,'.. ..: Ff..: AMi-S NE XT {'; t.: !., 00540
ACTION .... ADD, ENTER DATA, REC. ADDED IS 00536 FRD DATA
;" #•..t..;..:'„' : 0053`; PRO...,: Nl:::Wi°ir"•si••! r BRIAN COUNTY : YiAi•':ii:: REGION: 0''I''

TYPE CERTIFICATION RECOMME
..: s 1 ?... ,.:
ND DATE,.--,*.'
,i..} .,
404 PN: 401 RED: y ISSUE-- RECEIVED :
CAMA ONLY: Y GC: DENY: INITIAL REPORT:

RECEIVING STREAM: .. .... .... ? ... ...:. SOUND CLASS: SC ..! S". ... :.:'', PAS
COMMENTS:
SITE LOCATED ON US 158 IN KITTY HAW!.--..'

i•... ;.`i ••. r t•, • .+ RESTAURANTS; {::S H
TO ..: t.:f'•:,.. , ::,.St.: # .:..
PROPOSAL

:.:r
OTEL; RE
TAIL OFFICE •.... t..;i
.f. e 1.#.#'?`f.:{::
"...+.:
BOAR,`()
WALKS; P I E R S ; PARKING AREAS; TENNIS COURTS; {'::S SAILING RENTAL CENTER;
SEPARATE SEPTIC TANS, PUMPING 3 DIS POSAL SYSTE MS
APPLICANT SO PROPOSES O EXCAVATE 3 LG . PONDS TOT ALING APPROX. 43,000 S OFT OF
"404" WETLANDS
...1..!
{ { ;.. ....
:..; SEPARATE ni#::.f.:$., ... } u404" WETLANDS ?/.7 ..3. T3....\. .:.: ,,,. FILLED ? { t..:i.; i t ..i .'S:.1$::. ROAD CROSS
t". # ! !": 1 INGS
,
;•r#'.:..: #'ri..$`v AREAS ,t.:i.:tt........i.t'•:::r APPROX. 1
8,000 SOFT.
; .... .i.?:..R::>.. .... .:.<S
'..i.l:'i:if.:.,..
FURTHER COMMENTS PENDING SITE VISIT
COPIES: 1:, 5..; t": { { .... i..: #::. S'''? # R A #....... M r. '3... 3... ,:: ::1 {.... .
I i
O(E-L", 12 1988
WATER

MEMORANDUM
?y
TO: Bill Moore ° o
FROM: David R. Griffin
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR
DREDGE AND FILL PERMIT
DATE: November 151 1988
Attached is an application by BRIAN NEWMAN
which was received by me on I1/8/88 I am
considering this application complete, have acknowledged
receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
/yl1
Enclosures
a
OFFICE OF COASTAL MANAGEMENT Lat:3605125"N
FIELD INVESTIGATION REPORT Long:75044125"W
1. APPLICANT'S NAME BRIAN NEWMAN 1
2. LOCATION OF PROJECT SITE US 158, Kitty Hawk, Dare County,
Currituck Sound. ..Photo ref. 137-492
3. INVESTIGATION TYPE: DREDGE & FILL CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 11/2/88
(B) WAS APPLICANT PRESENT no
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 11/8/88
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Kitty Hawk
LAND CLASSIFICATION FROM LUP Transition/
Conservation.
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP None
for transition area; development in conservation areas "must take
special precautions to maintain the land's intrinsic natural
qualities".
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC.TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES NO X OTHER
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING none
PLANNED central sewer systems w/ low pressure drain fields
(F) TYPE OF STRUCTURES: EXISTING none
PLANNED Restaurant, hotel, offices, boardwalks, piers,
parking areas
(G) ESTIMATED ANNUAL RATE OF EROSION 2 SOURCE personal
observation
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
11404" wetlands - 18,000 sq. ft.
11404" wetlands 43,000 sq. ft.
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
(D) TOTAL AREA DISTURBED: 25 acres
8. PROJECT SUMMARY: Applicant proposes to construct a restaurant,
hotel, retail offices, boardwalks, two piers, parking areas and tennis
courts on his property adjacent Currituck Sound just south of Hwy. 158
in Kittv Hawk. Dare Countv.
BRIAN NEWMAN
BIO REPORT
PAGE 2
BIO REPORT.
Brian Newman owns a 27.7 acre tract of land just east of the
Wright Memorial Bridge and south of US 158 on the Currituck
Sound. Bissell Associates has made application for Mr. Newman
for A CAMA major development permit to develop "The Promenade", a
commercial development consisting of a.restaurant, hotel, retail
offices, boardwalks, piers, tennis courts and parking area.
The 27.7 acre tract of land is situated adjacent the
Currituck Sound, classified "S.B." swimming by DEM. The tract of
land exhibits a rolling topography characteristic of relict dunes
and swales. Large hardwoods of gum, red maple and live oak with
scattered large loblolly pines present a dense canopy preventing
thick undergrowth from establishing itself. Bissell Associates
have flagged a number of swales as potential 11404" wetlands.
Other swales are not flagged as 11404" wetlands and should be
examined by USACOE representatives. These wetland swale areas
range from long continuous swales that meander the entire length
of the tract to small somewhat isolated wetland pockets.
The shoreline of the tract is vegetated almost continuously
with coastal wetlands. These coastal wetlands consist of dense
stands of Spartina cynosuroides and Juncus roemerianus with
scattered patches of Iva sp. and Baccharis sp. The landward
limits of the coastal wetlands meander somewhat on the tract,
grading slowly into 11404" wetlands along its length. Bissell
Associates have accurately flagged the landward limits of the
coastal wetlands on the tract.
Adjacent shoreline property to the south is relatively
undeveloped and is very similar to this tract of, land. A
subdivision, Kitty Hawk Woods is being proposed for this area
however.
Piers extending into Currituck Sound adjacent this property
are few. Only two piers exist within approximately 1/2 mile of
the property. Both of these piers are less than 100' in length
and are for single-family residential use.
The applicant proposes to construct 10 retail/office
buildings, 2 restaurants, a 90-unit motel (to be split into 3
units), a sailing rental center, tennis courts, four separate
BRIAN NEWMAN
BIO REPORT
PAGE 3
septic tanks, pumping and disposal systems and paved parking to
accommodate all of the above. The applicant further proposes to
excavate 3 large ponds totaling approximately 43,000 square feet
in 11404" wetlands. Four separate 11404" wetland areas are
proposed to be filled. Three of these filled areas will
accommodate road crossings with the remainder being filled for
parking areas. The total "404" wetlands proposed to be filled
are approximately 18,000 square feet. Two vehicular bridges are
proposed to be constructed over 11404" wetlands. A number of
elevated wooden pedestrian boardwalks and decks are proposed over
11404" wetlands and highground. Two piers are proposed 6' wide
and 500' long with 500 sq. ft. gazebos at their waterward ends.
These piers would span coastal wetlands to reach waters of the
Currituck Sound. An additional gazebo is planned at the
waterward end of a boardwalk extending from the sailing center.
This boardwalk would stop short of the coastal wetlands. Limited
bulkheading/retaining walls are planned on high ground on the
interior of the project along parking and roadways.
ANTICIPATED IMPACTS
The excavation and
the loss of 43,000 sq.
wetlands, respectively.
navigational hazards to
CAMA REVIEW
filling of 11404" wetlands will result in
ft. and 18,000 sq. ft. of vegetated 11404"
The two 500' long piers may pose
users of Currituck Sound.
All highground within the property would fall within the
transition classification of the Kitty Hawk 1983. LUP. Wetlands,
both 11404" wetlands and coastal wetlands on the property are
classified as conservation in the LUP. These areas are marked
for long-term protection in order to "...maintain the land's
intrinsic natural qualities." The excavation and filling of
11404" wetlands as proposed appears to be inconsistent with the
conservation classification for these areas.
Submitted by: David R. Griffin
Date: November 15, 1988
=-5;tc4am.??. ' tvpe or Print. ?-art!i- i ___L_ '.-,= iii .-n-
t
t:c:psted ±e:yelopment activities, inciuding conscr
........:...r:.... ?i??in.? n311inrt lonrl . tanrino 0
storm:vater control. If the requested information
not relevant to vour prniect, write NiA (nor ap-
plicabie). items 14 and d-y must be compieted for
all projects.
. 1 APPLICANT
a. Name Bissell Associates
Address P. 0. Drawer 1068
City Kitty Hawk State NC
Zip 27949 JDay phone [phone]
Landowner or x Authorized agent
b. Project name (if any The Promenade, PCD
c. If the applicant is not the landowner, also give
the owner's name and address.
Brian Newman
P. 0. Box 399
Kitty Hawk, NC 27949
.2- LOCATION. OF PROPOSED
PROJECT
a. Street address or secondary road number
U.S. 158/Barlow Drive
b. City, town, community, or landmark
Kitty Hawk
c. County Dare
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Currituck Sound
.3 DESCRIPTION AND PLANNED.
USE OF.PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building. a home, motel, marina,
bulkhead, or pier). '
Restaurant/Hotel/Retail Office
Broadwalks/Piers/Parking/Tennis
Courts
If you plan to build a marina, also complete
and attach Form DCM44P-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? New
c. Will the project be for community, private, or
commercial use?
. Commercial
\t?il
.1.
IT 2 5'88
OCM - EC
n .-.
Planned Commercial Development
consistent with the Kitty Hawk
Zoning Ordinance
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 27.7 acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or Na.
tional Geodetic Verticai Datum l'-251
d. Soil type(s) and texture(s) of tract Conaby
Soils to sandy loam
e. Vegetation on tract Gum, Live Oak,
Pine
f. Man-made features now on tract None
g. What is the CANIA Land Use Plan Classifica.
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Planned Commercial Development
i. How are adjacent waters classified? SC
j. Has a professional archaeological survey been
carried out for the tract? No
if so, by whom?
5 UPLAND DEVELOPMENT''
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed 10 retail/office
buildintrs, 1 restaurant, 90 unit
motel, 1 sailing center (catamar
b. Number of lots or parcels N/A & boar
c. Density (Give the number of residential in
and the units per acre.) 0 .52 units per
. acre.
d. Size of area to be graded or disturbed 2 4 .9
Acres (+/-)
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
ves
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. none proposed
-' List the materials: suc as :^a: per strne.
asphait. or concrete, to be 11Ceui for paved
asphalt
h. if appitcabie, has a stormwater management
plan been submitted to the Division of En.
vironmental Management? yes
i. Describe proposed sewage disposal and/or waste
water treatment facilities. central sub-
surface disAOSal system
j. Have these facilities received state or local
approval? No
k. Describe existing treatment facilities.
No
1. Describe location and type of discharges to
waters of the state (for example;- surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down"). No
in. Water supply source county
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access. N/A
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? N/A
?? 6 EXCAVATIOIVAND FILL
r n\ s 01 1VfAPnO1 V Ya
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break.
water, pier, 2
boat ramp, piers
rock jetty)
Fill placed in 2 @
wetland or be& @
MHW.
Upland fill
areas

500 6'
75'
avg.
160'
APP 45'
avg.
70'
- ;?. Amwamr ,r mnren ai ,., r? r?rcav r?,,i .rom
below water level in cubic yards None
N/A
d. Does the area to be excavated include marsh-
land. swnmr.s. or other wetlands? Yes
e. High ground excavation, in cubic yards N A
f. Dimensions of spoil disposal area N/A
g. Location of spoil disposal area N/A
h. Do you claim tide to the disposal area? N/A
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?? N/A
If so, where? N/A
j. Does the disposal area include any marshland,
swamoland.'or water areas? No
k. Will the fill material be placed below mean
high water? No
1. Amount of fill in cubic yards N/A
in. Type of fill material N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? yes
p. Dimensions of the wetland to be filled see Sec
q. How will excavated or fill material be kept on
site and erosion controlled? see sedi.mentz
tion erosion control plan
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? dracrline dozer
s. Will wetlands be crossed in transporting equip-
ment to the project site? No If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
-? SHORELINE_?STABILIZATIO
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2
,
. 1
ALLi'1 1Vl`V AL ii` Lii11%ft L LVlC?
In ?rir?Trinn rn r}?i± rmm?ll.rPrti annlir-?rinn to r.i'i r?p
rnilowina gems musr ne ;u'mirren:
A copy of the deed (with stare application only) or
other instrument under which the applicant claims
title to the arfected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Vz x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name Decatur Partnershi
Address 934 Kitty Hawk Ro
_Kitty Hawk. North Carolina 27949
Name Kitty Hawk Woods
Address P. O. Box 749
_Kitty Hawk. North Carolina 27949
Name
Address

J
. :1Ji 'J1 t 1V tiJ .: t.l tb :Jl :brit.. ii rL. hits .J.LLVt.
fc.r -om on she pro.+ec- tact. Include permit
numin ers. ce miztee. and issuing dates.
None
A check for 8100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for proiects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1, to 10).
9 CERTMCATION ANDiPE
SIGN :TG ENTER-0
N ANI?
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in. the permit.
I certify that to the best of my knowledge, the pro-
posed activity . complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the 20th day of October
19 88
_
X
Landowner or Authorized agent
Robert Stewart (agent)
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DC&I office and addresses and phone number.
3