19920108 Ver 1_COMPLETE FILE_19920101

To: John Dorney
Planning Branch
•„,?;.,, DIVISION OF ENVIRONMENTAL MANAGEMENT
CARA MAJOR PERMIT APPLICATION REVIEW
WaRO PROJECT # /oZ • d ?`z
REVIEWER: SAWYER
WQ SUPERVISOR: THOR E
DATE: oaw
WETLAND INFORMATION FOR CENTRAL OFFICE RACKING
PERMIT YR: 92 PERMIT NO.: x.?.v COUNTY: Ad"
PROJECT NAME:
PROJECT TYPE: $7wk, PERMIT TYPE:CAMA COE
COE #: DOT#:
RCD FROM CDA: DCM DATE FROM CDA:
REG OFFICE: WaRO RIVER ANDIB SIN#:
*STREAM OR ADJACENT WATER BODY:^. 1
CLASS: SC---+ REAM INDE •
*OPEN OR CLOSED:
WL IMPACT: •??? WL TYPE:
'S? • Sat.
WL REQUESTED : • U oue- WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?:
RECOMMENDATION: SSU ISSUE/COND DENY
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION:
WATER QUALITY CERT. 401
CERT. REQ'D:
IF YES, TYPE. 'o
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
fZt.s.3
no -a6l?41
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL ?!/?
AREA OF FILL: WATER: WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE VA §j NIFICANT LOSS
OF RESOURCE? / ?(
IS SPOIL DISPOSAL ADEQUATELY ADDRES D?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGENINBASIN: CLOSURE OF SHELLFISHING WATERS:
Page Two
92-viLco-I
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: r
p
cc: Central Files
Washington Regional Office Files
DCM-John Parker
Elizabeth City
Morehead City
Washington
COE:Washington Field Office

DEPARTMENT OF THE ARMY-
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
March 31, 1992
r
610
J1 APR -
WETLANDS GROUP
Regulatory Branch
Action ID. 199201247 and Nationwide Permit No. 14 (Road Crossing)
Ms. Rosemarie Swain Burney
1307 T. H. Johnson Drive
Taylor, Texas 76574
Dear Ms. Burney:
Reference your application of February 24, 1992, for Department of the
Army authorization to place fill material in a 404 wetland for the purpose of
constructing a minor road crossing to gain access to your 17.9-acre parcel of
property located at Parcel A, Kitty Hawk Woods, approximately 0.3 miles north
west of S.R. 1206, Kitty Hawk Road, adjacent to Kitty Hawk Bay, in the Town of
Kitty Hawk, Dare County, North Carolina. The proposed road crossing will
provide access from the existing unimproved road underneath the power line
right-of-way to the interior of your property.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other special aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged, or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
J

• . . 1
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Raleigh W. Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Enclosure
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin, District Manager
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. 17 South
Mr. John Dorney
Water Quality Section
DivisiW of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Elizabeth City, North Carolina 27909
Mr. George Wood
Environmental Professionals, Inc.
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27949
e e
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor C,eorge T Everett, Ph.D.
William W. Cobey, Jr., Secretary April 23, 1992 Director
Ms. Rosemarie Swain Burney
1307 T, H. Johnson Drive
Taylor, Texas 76574
Dear Ms Burney:
Subject.: Proposed Fill in Headwaters or Isolated Wetlands
Road Crossing
Dare County
()EM Project 921.08, COE # 199201247
Upon review of your request for Water Quality Certification
to place fill inaterial in 0.11 acres of wetlands for road
crossing located at Panel A, Kitty flawk Woods in Dare County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2666 issued January 21, 1992. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 1.4.
If you have any questions, please contact John Dorney at
91.9/733-1786 or 919/733-1787.
Sincerely,
e T. Everet
'
ge
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
George H. Wood, Environmental Professionals, Inc.
IZI( ,I( 1,'?:AI t it I I(I ti
Adh(villc I.i?'incvillc AIn?villr I:.ilri_h \V'.r,Iniu'?"\\ilnnnl?tun
70-1091 r,208 ')I') llv?I?11 rltt,i 100J I`+ ,l 17(X) )I`)91e,ol"I 919 i'li i'MM1
\\ imtun tialcm
'rl'! 896 7(x)7
Pollution Prmelrtion P.rv%

North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
March 23, 1992
Mr. George H. Wood
Environmental Professionals, Inc.
122 Sir Walter Raleigh Drive
Kill Devil Hills, N.C. 27949
Re: 401 Nationwide Permit, Access to High
ground, Rosemarie Smith Burney Property, Kitty
Hawk, Dare County, ER 92-7942
Dear Mr. Wood:
Division of Archives and History
William S. Price, Jr., Director
Thank you for your letter of February 24, 1992, concerning the above
project.
We have conducted a review of the project and are aware of no properties of
architectural, historic, or archaeological significance which would be affected
by the project. Therefore, we have no comment on the project as currently
proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If
concerning the above comment, please contact Renee
environmental review coordinator, at 919/733-4763.
Sincerely,
avid Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Wayne Wright, ACOE, Wilmington
!/John Dorney, DEM, Raleigh
you have questions
Gledhill-Earley,
109 EastJones Street 0 Raleigh, North Carolina 27601-2807

DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: k(Lcma.e- Sws.r'-. (3 ,,,
2. OWNERS ADDRESS: I ?,07 r, N .Tuhev.c^-'Or
I A /a Tt,x 7/. lj-?X
3. OWNERS PHONE NUMBER (HOME): 2 `I - 3v0 4 (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: If h v , IQ^ -)ic,.L(a( !'u l' ""j, t 7-&L , A Itr , e-eA , r L?titj4
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: ? C._
NEAREST TO OR CITY: L ;14!, ?.{ativl?
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
N L ('„ W e r c a s r w c,, l k; h4-4 f 4cA.•_.•?l?
T
6. NAME OF CLOSEST STREAM/RIVER: ?4
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ j NO (,?'
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ NO [vj
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
`I.J?Cw,,r?
2/3/92
'4 r
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: ,?/ a??r:
DRAINED:
FLOODED: U
EXCAVATED: U
TOTAL IMPACTED: . 11 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : vr. , n a?- ??(cL r reS?j
ow,r, 1,
13. PURPOSE OF PROPOSED WORK: c`crps? ?o ?.n?L,r,uru: :1?$s?-????
'S I /y1 C [vim ; l r9 n vY1 7G
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO. NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [?J/ NO [ J
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. tiJrA
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. 4A aclc?l
D. IF A STORMWATER MANAGEMENT PLAN 1S REQUIRED FOR THIS PROJECT, ATTACH
Copy,
"d?H .PG.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? ?'?? ?rtz?,?,,(
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
l ! C3 .7S?;?g2.
ZA ot'-.4-
0 R'S IGNA URE DATE

,.4
Y
-y ;
V111 F

W 84
This advance copy of the Outer Banks Soil Survey has not been correlated and is subject to future
refinement. Mapped areas of about 3 acres or larger are reliable for most land management uses.
SCALE; I INCH = 1000 FEET
The publication of the text material and soil maps of the Outer Banks was partially funded by the
Office of Coastal Zone Management, National Oceanic and Atmospheric Administration through the
Coastal Resources Commission, North Carolina Department of Natural and Economic Resources and by
the United States National Park Service, Department of Interior.
i
-- - 1 ? ? r ? i 1 I EI ? _

d Na STA7Z o
•? paw vN'`
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street * Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary CERTIFIED MAIL
May 8, 1992
Ms. Rosemarie Swain Burney
1307 T.H. Johnson Drive
Taylor, TX 76574
Roger N. S.1;hecter
,__. . ,._ .. Director
MAY 1 31992
WEfLAND? Gi;OU%A RTro n11A111Y SECI IIi'i!
REFERENCE: DEM ID 92-108, Nationwide Permit Application for an
activity located in Dare County.
Dear Ms. Burney:
The NC Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 2/24/92 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based
upon our review, we have determined that the proposed activity is
inconsistent with the North Carolina Coastal Management Program.
Specifically, the proposal is inconsistent with enforceable policies
in the Kitty Hawk Land Use Plan. The wetlands affected by the proposed
activity are classified in the Plan as "Conservation". The Plan states
that "Conservation lands include those areas that are particularly
unsuitable for development and/or have special, irreplaceable natural and
aesthetic values. Development within Conservation classes lands must take
special precautions to overcome any hazardous conditions and to maintain
the land's intrinsic natural qualities." While you have selected the
shortest available distance and narrow road widths for the proposed wetland
fill, the fill will permanently alter the intrinsic natural qualities of
the affected wetlands.
As an alternative, we suggest the consideration of a bridge. Bridging
the wetlands would provide the required access to the high ground
development site and would satisfy the Town's special precautions test.
We will be happy-to reconsider our position should your proposal be
modified such that the project is no longer inconsistent with the above
listed policies. Please feel free to contact Mr. David Griffin, Division
of Coastal Management Elizabeth City District Office, at [phone] at
your earliest convenience to discuss possible modifications or
alternatives.
F.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Burney 5/8/92
Page 2
If you disagree with our finding, you have the right to appeal our
decision to the Secretary, U.S. Department of Commerce, Washington DC. The
appeal must be filed within 30 days of receipt of this letter and must
specifically address one of the following findings: that although the
project currently is inconsistent, it may be federally approved because (1)
the activity is consistent with the objectives or purposes of the Federal
Coastal Zone Management Act, or (2) is necessary in the interest of
national security. Mr. Steve Benton of the NC Division of Coastal
Management in Raleigh is available to discuss the appeal procedures and to
provide assistance if needed in filing an appeal. He can be reached at
[phone].
cc: Mr. George Wood
Environmental Professionals Inc.
122 Sir Walter Raleigh Drive
Kill Devil Hills, CN 27947
Mr. Preston P. Pate, Assistant Director
NC Division of Coastal Management
Mr. David Griffin, District Office Manager
NC Division of Coastal Management, Elizabeth City
Mr. Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Mr. John Dorney, NC Division of Environmental Management
Wilmington District Engineer (CERTIFIED)
ATTN: CESAW-CO-E
Ms. Trudy Coxe, Director (CERTIFIED)
US Department of Commerce, OCRM
Washington, DC 20235