19890308 Ver 1_Complete File_19881221

MEMO.
DATE:

TO: 64z,.,,t SUBJECT: 4-0
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3 IIAY 18'1989
`Y
WATT QUALITY
sECToy

4 North Carolina Department of Natural
?.. ,
Resources &Community Development
of a
nht.Yrrt f'N2 ? Pmt ,
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JUN 0 2 1989
INATER OUALlTY SECTION`!
State of North Carolina OPERATIONS i;"MN11-1-1
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor May 10 , 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John M. DeLucia
Bissell Associates
Post Office Drawer 1068
Kitty Hawk, North Carolina 27949
Subject: Application for Water Quality Certification
The Wright Company
Proposed K-Mart Facility
Kill Devil Hills
Dare County
Dear Mr. DeLucia:
This Division received your application for Water Quality
Certification under Section 401 of the Federal Clean Water Act on
November 8, 1988 acting as an agent for The Wright Company. The
application requests approval of the placement of fill materials
in a wetlands area adjacent to the Atlantic Ocean. The fill is
for the purpose of creating a building site for a K-Mart Facility
and associated parking areas. Issuance of a Water Quality
Certification by this Division must be based upon a reasonable
assurance that the proposed activity is not expected to result in
violations of Water Quality Standards applicable to the surface
waters which may be affected.
A specific concern for impacts upon water quality standards
on this project relates to the loss of valuable uses which
wetlands serve. The proposed fill of wetlands associated with
the proposed construction would eliminate the existing uses of
these waters of the State. Such a loss of use'is inconsistent
with the Antidegradation Statement of the Environmental
Management Commission's Water Quality Standards. Because of
these potential water quality standard violations, I have
determined that your application for Water Quality Certification
should be denied. Development of this property should be planned
so as to avoid the loss of wetlands. If we may be of assistance
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Y
Mr. John M. DeLucia
May 10, 1989
Page Two
to you in considering options which might allow development of
the property, please let us know.
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request in thirty (30) days
following receipt of this denial. This request must be in the
form of a written petition, conforming to Chapter 150B of the
N.C. General Statutes, and filed with the office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27604.
Unless such demands are made, this denial shall be final and
binding.
If you have any questions concerning this matter,
contact Mr. Bill Mills at 919/733-5083.
-'S'incerely,
R. Paul Wilms
RPW:BM/kls
DeLucia.ltr/vol.l
cc: Steve Tedder
Dennis Ramsey
Washington Regional Office
George Everett
please
1T
/41
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m
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor May 10 , 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John M. DeLucia
Bissell Associates
Post Office Drawer 1068
Kitty Hawk, North Carolina 27949
Subject: Application for Water Quality Certification
The Wright Company
Proposed K-Mart Facility
Kill Devil Hills
Dare County
Dear Mr. DeLucia:
This Division received your application for Water Quality
Certification under Section 401 of the Federal Clean Water Act on
November 8, 1988 acting as an agent for The Wright Company. The
application requests approval of the placement of fill materials
in a wetlands area adjacent to the Atlantic Ocean. The fill is
for the purpose of creating a building site for a K-Mart Facility
and associated parking areas. Issuance of a Water Quality
Certification by this Division must be based upon a reasonable
assurance that the proposed activity is not expected to result in
violations of Water Quality Standards applicable to the surface
waters which may be affected.
A specific concern for impacts upon water quality standards
on this project relates to the loss of valuable uses which
wetlands serve. The proposed fill of wetlands associated with
the proposed construction would eliminate the existing uses of
these waters of the State. Such a loss of use is inconsistent
with the Antidegradation Statement of the Environmental
Management Commission's Water Quality Standards. Because of
these potential water quality standard violations, I have
determined that your application for Water Quality Certification
should be denied. Development of this property should be planned
so as to avoid the loss of wetlands. If we may be of assistance
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
I

Mr. John M. DeLucia
May 10, 1989
Page Two
to you in considering options which might allow development of
the property, please let us know.
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request in thirty (30) days
following receipt of this denial. This request must be in the
form of a written petition, conforming to Chapter 150B of the
N.C. General Statutes, and filed with the office of
Unless suchldemands1are,made, Raleigh, NC
Unless
binding.
If you have
contact Mr. Bill
any questions concerning this
Mills at 919/733-5083.
Sincerely,
R. Paul Wilms
RPW:BM/kls
DeLucia.ltr/vol.l
cc: Steve Tedder
Dennis Ramsey
Washington Regional Office
George Everett
mn+-+-cr nI Pase
I
G6 N AA 6 OU

C E I V

WM ER QUALITY SECTIOi''
OPERATIONS BRANIICH
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TYPE CERTIFICATI ON RECOMMEN D t ES
404 PN: Y 401 RED: y ISSUE: RECEIVED : 8 8 i 2 1 c*,'-.
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FINAL RE
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RECEIVING STR EAM: ATLANTIC OCEAN CLASS:
COMMENTS: I
SITE LOCATED ON HWY 150 BY PASS IN K IL? DEVIL
PROPOSAL TO C ONSTRUCT A 15 5,579 SOF T SHOPPING AREA, PARKING AND C IRCULATI ON
.............
PROPOSAL CIA P
LACE 65,500 C
UYDS OF F
ILL MATERTA! IN A
N APPROX. 440
' WIDE,
6201
LONG WETLA ND AREA; 272, 800 SOFT OF WETLANDS ARE
BE DEVELOP ED
ELEVATION OF WETLAND AREA IS TO BE RAISED APPROX.
HOLD FOR SFOR MWATER REWTEW AND SITE TNVESTIGAITCN
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-028-0060 November 10, 1988
PUBLIC NOTICE
THE WRIGHT COMPANY, 910 Medical Tower, Norfolk, Virginia 23507,
represented by BISSELL ASSOCIATES, Post Office Drawer 1068, Kitty Hawk, North
Carolina 27949, has applied for a Department of the Army permit TO PLACE FILL
MATERIAL IN WETLANDS ADJACENT THE ATLANTIC OCEAN ASSOCIATED WITH CONSTRUCTION
OF A K-,BART RETAIL SHOPPING CENTER FACILITY IN KILL DEVIL HILLS, Dare County,
North Carolina.
The following description of work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 65,500 cubic yards of
fill material, sand obtained from a high ground source, in an approximate
440-foot-wide, 620-foot-long wetland area. These 272,800 square feet, or 6.27
acres, of wetlands are 47 percent of the total 13.3 acres to be developed.
The elevation of the wetland area is to be raised approximately 4 feet. The
purpose of the work is to provide a finished grade for the construction of a
retail shopping center facility. Plans showing the work are included with
this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone-Management Plan, and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-1,

-2-
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State*
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its-reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative

-3-
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
December 2, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before November 28, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
December 12, 1988, or telephone [phone] or 251-4634.

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S he&-> ¢ OF
Please type or print. Carefully describe all an;- t;...:•• ?e. d. Describe the planned use of the project. _
ticipated development activities, including cd;mtruc r ,+
tion, ekcavation, filling, paving, land clearing, and
stormwater control. If the requested information is ?.
not relevant to your project, write N/A (not ap-
plicable). Items 1.4 and 8-9 must be completed for
all projects.
'APPLICANT y = Y <.
a. Name Bissell Assoo°iates
Address P. O. Drawer 1068
City Kitty Hawk State
Zip 2 7 9 4 9 Day phone 919-2 6
Landowner or X Authorized agent
b. Project name (if any) Proposed "
Shopping Center -
c. If the applicant is not the landowner, also give
the owner's name and address.
The Wright Company
910 Medical Tower
Norfolk, Virginia 23507
2LOCATION OF PROPOSED
r. = PROJECT
a. Street address or secondary road number
1901 Croatan Hicrhwav
b. City, town, community, or landmark
Kill Devil Hills
c. County Dare
d. Is proposed work within city limits or planning
jurisdiction? yes
e. Name of body of water nearest project
Atlantic Ocean
-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).
-TAND AND . WATE#4
:C;HARACTERISTICS'
hr. - ..Yw•....Akkx
a. Size of entire tract 13.33 acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 5.0-8.0 MSL
d. Soil type(s) and texture(s) of tract Duckston Fin(
Corolla Fine Newhan Fine
e. Vegetation on tract various coastal
species
f. Man-made features now on tract None
9
h
What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed X Community
Rural Other
How is the tract zoned by local government?
Business
i. How are adjacent waters classified? N/A
j. Has a professional archaeological survey been
carried out for the tract? No
If so, by whom?
5 UPLAND DEVELOPMENT l-,
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed 3 masonry and steel
single story buildings
b. Number of lots or parcels 1
c. Density (Give the number of residential units
and the units per acre.) N/A
Construction of 135,579 square d. Size of area to be graded or disturbed 13.33
foot shopping area with assoc- Acres
iated parking and circulation e. If the proposed project will disturb more than
areas. one acre of land, the Division of Land p
If you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a
isting project, new work, or both? sedimentation and erosion control plan been
new work b ' d h D' f
c. Will the project be for community, private, or
commercial use?
commercial
su m?tte to t e ivLsion o Land Resources.
Yes
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. 0
g.• List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.- .X ryious asphalt,
impervious nhalt, concrete
h.' If applicable, has a stormwater management
;,3 plpin been submitted to the Division of En-
vuo6d;ntal Management? Yes
i. Describe proposed sewage disposal- and/or waste
water treatment facilities. Sewage to be
conveyed to Outer Banks Beach
Club sewage treatment plant,
j. Have these facilities received state or local
approval? No
k. Describe existing treatment facilities.
None
b-. Amount of material to be excavated from
below-,,,"Water level in cubic yards N/A
c. . Type of material N/A
d. Does the area to be excavated include marsh-
'land,.hwamps, or other wetlands?_ N/A
ew High ground excavation, in cubic yards N/A
f. Dimensions of spoil disposal area N/A
g. Location of spoil disposal area TINA
h. Do you claim title to the disposal area? N/A
i
If not,?attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintetiance,?/ N/A
If so, where?
Does the disposal area include any marshland,
swampiland,'or water areas? N/A
Will the fill material be placed below mean
high water?,- No
Amount of fill in cubic yards 65,500 Cv
Type of fill material Clean sand
Source of fill material Local sand pit
Will fill material be placed on marsh or other
wetlands? Yes
Dimens,ons.of the wetland to be filled 6.27 acrc
How will excavated or fill material be kept on
site and erosion controlled?
See attached sedimentation
and erosion control plan
1. Describe location and type of discharges to
waters of the state (for example surface runoff, k.
sanitary wastewater, industrial/commercial
effluent, or "wash down"). Runoff in excess 1.
of 10 year storm will be directed M.
to storm drainage system n.
m. Water supply source Town of Rill Devil Hil]cp
n. If the project is oceanfront development,
describe the steps that will be taken to main- P.
tain established public beach accessways or pro- 9
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 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
.-Upland.: fill .
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge). Grader
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.
7 "SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water
or normal water "level N/A
c. Shoreline erosion during preceding 12 months,
in feet , N/A
d. Type of bulkhead material N/A
e. Amount of fill, -in cubic yards, to be placed
below mean high water N/A
f. Type of fill material N/A
Length Width Depth
4
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DL'IONAL : INFORMATION
In addition `co the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected 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 ;f 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 N/A
Address -_
Name_
Address
Name_
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 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 projects 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).
i 9a 'CERTIFICATION :AND; PERMIS `
SION ` TO ENTER ON I;AND?
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 2nd day of Noy ember
88 '
Lando er o uthorized age
Joh DeLucia
Sen 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
DCM office and addresses and phone number.

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J ft N I State of North Carolina WAiEFA(`?(' fidL!_?i`? ISIEC 1L
Department of Natural Resources and Community I ev'lopment
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
& 4C??-
D!o
L4 &,,k- W - ef 2n 26
Lorraine G. Shinn
Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
8'9
SUBJECT: CAMA Application
- -fit O $
County
Dear ". C.«.
TI)e ubject application was received at this office on
_$ 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,
cc: Bill Mill
DCM
Deborah A. Sawyer
Environmental Technician
P.O Box 1507, 'Mashing on North Carolina 27889.150' Tclcphonc 919.9466481
An Equal Opportunity Affirmative Action Employer
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
November 7, 1988
nv ncru ncrcn iv
Regulatory Branch
SUBJECT: File No. SAWC089-N-028-0060
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
Dear Mr. Mills:
Enclosed is the application of the Wright Company, represented
by Bissell Associates, for Department of the Army authorization
and a State Water Quality Certification to place fill material in
wetlands adjacent the Atlantic Ocean associated with construction
of a K -Mart facility, Kill Devil Hills, Dare County, North
Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant
to Section 404 of the Clean Water Act, and we have determined that
a water quality certification may be required under the provisions
of Section 401 of the same law. A Department of the Army permit
will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is a reasonable time
for State action. Therefore, if you have not acted on the request
by January 7, 1989, the District Engineer will deem that waiver
has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone] or 251-4634.
Sincerely,
Cha es W. H lis
hief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
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. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
ry. tt
Please type or print. Carefully describe all an- t ,•. ••?re. d. Describe the planned use of the project.
ticipated development activities, including comatrucA ,i
tion, ekcavation, filling, paving, land clearing, and
stormwater control. If the requested information is ??.
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
APPLICANT
a. Name Bissell Assoo1ates
Address P. 0. Drawer 1068
City Kitty Hawk State NC
Zip 27949 Day phone ,919-26 `-3266
Landowner or x Authorized agent
b. Project name (if any) Proposed
Shopping Center
c. If the applicant is not the landowner, also give
the owner's name and address.
The Wright Company
910 Medical Tower
Norfolk. Virginia 23507
2 LOCATION OF PROPOSED
,x PRO
"
JECT
a. Street address or secondary road number'
1901 Croatan Highway
b. City: town, community, or landmark
Kill Devil Hills
c. County Dare
d. Is proposed work within city limits' or planning
jurisdiction? yes
e. Name of body of water nearest project
Atlantic Ocean
?;,3<< DESCRIPTION AND PLANNED
f
USE OF PROPOSED PROJECT....'.
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
IARACTE]
a. Size of entire tract 13.33 acres
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 5.0-8.0 MSL
d. Soil type(s) and texture(s) of tract Duckston Fine
Corolla Fine. Newhan Fine
e. Vegetation on tract Various coastal
species
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan'Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed x Community
Rural Other
h. How is the tract zoned by local government?
Business
i. How are adjacent waters classified? N/A
j. Has a professional archaeological survey been
carried out for the tract? No
If so, by whom?
5 UPLAND DEVELOPMENT rc
Complete this section if the project includes any
upland development.
a. _ Type and number of buildings, facilities, or
structures proposed 3 masonry and steel
single story buildings
b. Number of lots or parcels 1
c. Density (Give the number of residential units
and the units per acre.) N/A
Construction of 155,579 square
foot shopping area with assoc-
iated parking and circulation
areas
If you plan to build a marina, also, complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex.
isting project, new work, or both?
new work
c. Will the project be for community, private, or ,
commercial use?
commercial
d. Size of area to be graded or disturbed 13.33
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?
Yes..
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
0
buildings, or rooftops.

I
g.• List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
suri'ates..?Xervious aspha t .
impervious asphalt, concrete
h. If applicable, has a stormwater management
flan been submitted to the Division of En-
vira4t*p.t?l Management. Yes
L Describe proposed sewage disposal' and/or waste
water treatment facilities. Sewage to be
conveyed to Outer Banks Beach
Club sewage treatment plant.
j. Have these facilities received state or local
approval? No
k. Describe existing treatment facilities.
None
b: ,Amount of material to be excavated from
belowlwater level in cubic yards RIA
c. . Type of material N/A
d. Does the area to be excavated include marsh-
1and,:3wamps, or other wetlands. N/A
ew High ground excavation, in cubic yards N/A
f. Dimensions of spoil disposal area N/A
g: Location of spoil disposal area N/A
i.
h. Do you claim title to the disposal area? N/A
If not;.,'attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance?/ N/A
If so, where?
Does the disposal area include any marshland,
swamplland,'or water areas? N/A
Will the fill material be placed below mean
high water? No
Amount of, fill in cubic yards 65.500 CY
Type of fill material Clean sand
Source of fill material Local sand pit
Will fill material be placed on marsh or other
wetlands? Yes
Dimensions.of the wetland to be filled 6.27 acre;
How will excavated or fill material be kept on
site and erosion controlled?
See attached sedimentation
and erosion control plan

Describe location and type of discharges to
1 j•
.
waters of the state (for examplersurface runoff, k.
sanitary wastewater, industrial/commercial
effluent, or "wash down"), Runoff in excess 1.
of 10 year storm will be directed M.
to storm drainage system n.
m. Water supply source Town of Kill Devil Hillcp
n. If the project is oceanfront development,
describe the steps that will be taken to main- p.
tain established public beach accessways.or pro- q
vide new access. N/A
o. If the project is on the oceanfront, what will
be the elevation above eean sea level of the
first habitable floor. N/A
6 EXCAVATION AND FILL
INFORMATION
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,
boat ramp,
rock jetty)
Fill placed in
wetland or below.
MHW
Upland fill .
arPac
620' 440'
700' 440
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge,. Grader
s. Will wetlands be crossed in transporting equip-
' went to the project site? No If yes, explain
the step"s f°hat,will be taken to lessen en
vironraental impacts.
7-SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
Average distance waterward of mean high water
or normal water level N/A
c. Shoreline erosion during preceding 12 months,
in feet N/A N/A
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to-be placed
below mean high water N/A
f. Type of fill material N/A
•?I ? v
WjAl.1a79'i:Y .e ..24'•?f x4 L -• 7. I Tr?
LVQNAL INFOAIVMATIOI
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected 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.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 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 projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and A statement on the use of public funds. If the
cross sectional drawings) drawn to scale in black project involves the expenditure of public funds, st-
ink on 8 Vh x 11 white paper. (Refer to Coastal tach a statement documenting compliance with the
Resources Commission Rule 7J.0203 for a detailed North Carolina Environmental Policy Act
description.) (N.C.G.S. 113A-1 to 10).
Please note that original drawings are preferred and 9 ;'CERTIFICATION .AND - PERMIS
only high quality copies will be accepted. Blue-line
bl
l
if 0
l
h
l ?, ".'
SION TO ENTER ON LAND
e on
y
ats are accepta
er
arger p
prints or ot ^ ,
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard- Any permit issued in response to this application
ing that agency's use of larger drawings.) A site or will allow only the development described in the
location map is a part of plat requirements and it application. The project will be subject to condi-
must be sufficiently detailed to guide agency per- tions and restrictions contained in the permit.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro-,
posed activity complies with the State of North
A stormwater management plan, if applicable, that Carolina's approved Coastal Management Program
may have been developed in consultation with the and will be conducted in a manner consistent with
Division of Environmental Management. such program.
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 NZA
Address
Name
Address
Name
Address
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 2nd day of No ember
88
Lando er o£Authorized age!jt
Joh DeLucla
Sen 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
DCM office and addresses and phone number.
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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 11/16/88 David W. Owens
S. Thomas Rhodes, Secretary Director
Mr. William Mills
NC DNR&CD
Div. Environmental Management
P:O. Box 27687
Raleigh, NC 27611
Dear Mr. Mills:
The attached U.S. Army Corps of Engineers Public Notice No.
SAWCO-89-0060, dated 11/07/88 on a Federal project or an application
for a Federal Permit to excavate, fill and/or place structures in
navigable waters (Re: Sec. 404 & Sec. 10) is being circulated to
interested State agencies for comments. The applicant/sponsor
of this proposed project is Dare County.
Please indicate below your viewpoint on this proposed project
and return this form to me no later than 12/05/88.
Sincerely,.
-`S a -en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Tekphone 919.733-2293
An Fnnal Onnnrtunity Affirmative Action Emnlouer
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-028-0060
November 10, 1988
PUBLIC NOTICE
THE WRIGHT COMPANY, 910 Medical Tower, Norfolk, Virginia 23507,
represented by BISSELL ASSOCIATES, Post Office Drawer 1068, Kitty Hawk, North
Carolina 27949, has applied for a Department of the Army permit TO PLACE FILL
MATERIAL IN WETLANDS ADJACENT THE ATLANTIC OCEAN ASSOCIATED WITH CONSTRUCTION
OF A K-MART RETAIL SHOPPING CENTER FACILITY IN KILL DEVIL HILLS, Dare County,
North Carolina.
The following description of work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 65,500 cubic yards of
fill material, sand obtained from a high ground source, in an approximate
440-foot-wide, 620-foot-long wetland area. These 272,800 square feet, or 6.27
acres, of wetlands are 47 percent of the total 13.3 acres to be developed.
The elevation of the wetland area is to be raised approximately 4 feet. The
purpose of the work is to provide a finished grade for the construction of a
retail shopping center facility. Plans showing the work are included with
this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan, and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-1,
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and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
. The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against it$-reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
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effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The.DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
December 2, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before November 28, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
December 12, 1988, or telephone [phone] or 251-4634.

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