20051161 Ver 1_Complete File_20050623

Y
'Ecosystem
PROGRAM
December 6, 2005
Doug Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
Project: TNT Concrete
County: Dare
DS - ? t L.o k
(?Y r ?? non Cal
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LITY
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.04 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
cerely,
t liam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Scott Jones, USACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
& ... Protect' oar Stag ?jLA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
O?pF W ATF9QG Michael F. Easley, Governor
William G, Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p -? Alan W. Klimek, P.E. Director
Division of Water Quality
October 7, 2005
DWQ Project # 05-1161
Dare County
Mr. Roy Etheridge
TNT Concrete
P.O. Box 296
Powells Point, NC 27966
Subject Property: 3908 Poor Ridge Road
Duck Pond [PAS56, 30-19-2, SC]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions, Version 2
Dear Mr. Etheridge:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.053 acres of coastal and 404 wetlands, and 0.051 of public trust/estuarine waters to fill
an existing, silted in boat basin, and to place fill material within or otherwise impact 0.389 acres of
estuarine shoreline to construct a bulkhead on the subject property as described in your application
received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on
June 23, 2005. The DWQ had previously issued a 401 Water Quality Certification (GC3400) with
Additional Conditions to you on August 5, 2005, for this project. This 401 Water Quality Certification
(GC3400) with Additional Conditions replaces that Certification. After reviewing your application, we
have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number
3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when
issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Permitting Unit NYt (fall;
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Intemet: http://h2o.enr.st ite.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Roy Etheridge - TNT Concrete
Page 2 of 2
October 7, 2005
Amount Approved Units Plan Location or Reference
404/CAMA Wetlands 0.053 acres DCM-MP
Public Trust/Estuarine Waters 0.051 acres DCM-MP
Estuarine Shoreline 0.389 acres DCM-MP
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, .
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
? '?X ta'6o
1 Alan W. Klimek, P.E.
AWK/ym
Enclosures: GC 3400
Certification of Completion
cc: Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051161 RoyEthridgelrTnTConcrete(Dare)401 CAMA_vet2
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 27, 2005
To whom it may concern:
This project was disseminated for review on June 22, 2005 with comments due to the Division of
Coastal Management on July 13, 2005. Although comments have been received from your
respective agencies, a new review is warranted due to the significant changes made by the
applicant. These changes include an increase in impervious surfaces from additional parking as
well as the fill of coastal wetlands on the project site.
Please review the project and submit comments to the Division of Coastal Management by
October 11, 2005. Thank you for your input in this process and if you have any questions
concerning this matter, please contact me at [phone], or by e-mail at
[e-mail].
Sincerely,
onathan Howell
Asst. Major Permits Coordinator
Enclosure
Cc Raleigh Bland, Army Corps of Engineers
Sara Winslow, Division of Marine Fisheries
Cyndi Karoly, Division of Water Quality, 401 Section
Roger Thorpe, Division of Water Quality, Stormwater Section
D
SEP + 1005
I Z..
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
REVISED FIELD INVESTIGATION REPORT
APPLICANT'S NANIE: Roy Etheridge Jr. c/o TNT Concrete
2. LOCATION OF PROJECT SITE: 3908 Poor Ridge Rd (SR 1211), Kitty Hawk, Dare
County
Photo Index - 2000: 184-2121 (S2, 3) 1995: 186-1959 (J5, 6) 1989: 1-45-9 (P1.2) 1984:
136-483 (D13, 14) 1978: Not available
State Plane Coordinates - X: 2971600 Y: 855100 Kitty IIawk, NC (UL)
GPS Rover File C042812A
3. INVESTIGATION TYPE: CAMA D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 17, 2005
Was Applicant Present - Yes (agent, Doug Dorman)
5. PROCESSING PROCEDURE: Initial Application Received Complete - May 12, 2005
Revised Application Received Complete - August 31, 2005
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk
Land Classification From LUP -
Area west of Duck Pond Ditch - Conservation
Area east of Duck Pond Ditch - Medium Density Residential
Source: Kitty Hawk CAMA Core Land Use Plan 2003-2004
(B) AEC(s) Involved: CW, EW, ES, PTA
(C) Water Dependent: Bulkhead and basin filling-Yes Office building-No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) Type of Structures:
Existing - Packed dirt parking areas, silted-in 1,336 square feet (SF) man-made basin,
and a dilapidated one-story wooden structure (1,377 SF)
Planned - 1) fill a silted-in 1,336 SF man-made basin; 2) install 455 LF of bulkhead
along the western shore of Duck Pond Ditch; 3) demolish an existing one-story 1,377 SF
wooden structure, 4) construct a two-story 7,500 SF office building; 5) construct a
10,020 SF concrete parking area; and 6) install a 4,200 SF septic drain field.
(G) Estimated Annual Rate of Erosion: 2 feet Source - Applicant
7. HABITAT INIPACT DESCRIPTION: [AREA]
DREDGED FILLED DISTURB
(A) Coastal Wetlands 522 SF
(B) COE 404 Wetlands 1,786 SF
(C) Public Trust/Estuarine Waters 2,246 SF
(D) Estuarine Shoreline 10,140 SF 6,407 SF
FIELD INVESTIGATION REPORT: TNT Concrete, Dare County
Page 2 of 2
(E) Total Area Disturbed: 32,186SF
(F) Primary Nursery Area: No
(G) Water Classification: SC Fish Propagation
8. PROJECT SUMMARY: This project is located at TNT Concrete in Kitty Hawk, Dare
County. The applicant proposes to 1) fill a silted-in 1,336 SF man-made basin; 2) install 455
LF of bulkhead along the western shore of Duck Pond Ditch; 3) demolish an existing one-story
1,377 SF wooden structure, 4) construct a two-story 7,500 SF office building; 5) construct a
10,020 SF concrete parking area; and 6) install a 4,200 SF septic drain field.
PROJECT SETTING
This project is located at 3908 Poor Ridge Road (SR 1211), a 4.1-acre tract owned by Roy
Etheridge Jr. Duck Pond Ditch (aka Duck Pond Creek) flows in a north-south direction and
bisects the property into two approximately 2-acre sections: a semi-developed western section
that is currently used by TNT Concrete to park heavy equipment and an undeveloped eastern
section. Duck Pond Ditch is approximately 30 feet wide and 2.5 feet deep and is a tributary of
Kitty Hawk Bay, which connects to the Albemarle and Currituck Sounds. No submerged
aquatic vegetation (SAV) was observed in Duck Pond Ditch.
The western-half of the Etheridge property is elevated upland approximately 4 -5 feet above
the NWL in Duck Pond Ditch. It is bordered by Poor Ridge Road on the west, undeveloped
tracts on the north and south, and Duck Pond Ditch on the east. The TtiT Concrete plant is
located across Poor Ridge Road, immediately west of the property.
The western portion of the Etheridge property is approximately 2 acres in size and contains a
dilapidated 1,377 SF one-story wooden structure and a non-functional (silted-in) man-made
basin in the middle of the lot. The northern boundary and the southwestern corner of the basin
contain 200 SF Coastal Wetlands AEC (Spartina cynosuroides and Scirpus species).
The northwest and southwest portions of the tract are packed dirt areas utilized by TNT
Concrete as parking areas for concrete mixers and other heavy equipment. The eastern
boundary of this portion of the property is comprised of 455 LF of non-hardened Estuarine
Shoreline along Duck Pond Ditch that contains 1,786 SF of US Army Corps of Engineers
(USACOE) Section 404 wetlands and 322 SF of Coastal Wetlands AEC. None of the shoreline
along the length of Duck Pond Ditch has been hardened with either rip-rap or bulkhead.
The majority of the western-half of the Etheridge property is comprised of packed dirt parking
areas. The remaining areas of the Etheridge property west of Duck Pond Ditch have repeatedly
been mowed and the surviving vegetation is primarily grasses and weeds with isolated small
pine trees and bayberry bushes (iVlyricaceae species). The Coastal Wetlands located adjacent to
Duck Pond Ditch are comprised of Spartina cynosuroides. The applicant reports that local
vegetation includes panic grasses (Panicurn species), Carolina bay (Persea borbonia), and
eastern baccharis (Baccharis halimifolia).
FIELD INVESTIGATION REmR"r: TNT Concrete, Dare County
Page 3of3
The eastern-lialf of the Etheridge property is comprised of 2.09 acres of undisturbed Spartina
cynosuroides Coastal Wetlands bordered by 455 LF of Duck Pond Ditch oil the west and
undeveloped Coastal Wetlands on the north, south and east.
PROJECT I)ESCRIYI'I()N
The applicant proposes to 1) fill a silted-in 1,336 SF roan-made basin; 2) install 455 LF of
bulkhead along the western shore of Duck Pond Ditch; 3) demolish an existing one-story 1,377
SF wooden structure, 4) construct a tw-o-story 7,500 SF office building, 5) construct a 10,020
SF concrete parking area; and 6) install a 4,200 SF septic drain field. All the development
proposed by the applicant will be located in the western half of the Etheridge property.
The applicant first proposes to fill an old 1,366 SF basin that appears to have been created in
existing upland. The basin has silted-in to an average depth of 1 foot. The applicant claims
that filing the basin will improve the safety of TNT Concrete employees operating heavy
equipment on the western portion of the property. Filling the basin will destroy 200 SF of
Coastal Wetland AEC.
Installing 455 LF of wooden bulkhead 2 feet water ward of the western shoreline of Duck Pond
Ditch will fill 322 SF of Coastal Wetlands and 1,786 SF of USACOE Section 404 wetlands.
The project narrative submitted by the applicant claims that representatives from Applied
Environmental Consultants met with staff from the Division of Coastal Management, Division
of Water Quality, and the USACOE in June and July 2004 to discuss/review the proposed
development and no objections were noted.
To mitigate the loss of the Coastal Wetlands and USACOE Wetlands, the applicant proposes to
place a conservation easement on the 2.09 acres of Coastal Wetlands located on the eastern half
of the Etheridge property east of Duck Pond Ditch. The applicant claims the easement will be
properly recorded once it is approved by the North Carolina Ecosystem Enhancement Program
(NCEEP).
The upland development proposed by the applicant includes a two-store 7,500 SF office
building, a 10,020SF concrete parking area immediately north and west of the office building;
and a 4,200 SF septic drain field located north of the proposed office building and concrete
parking area. The office building and septic field will be located 50 feet west and 70 feet west
of Duck Pond Ditch, respectively. The upland development proposed by the applicant will be
located in the southwestern portion of the Etheridge property that is currently a packed dirt area
used to park/store concrete mixers and other heavy equipment.
ANTICIPATED IMPACTS
It is anticipated that the proposed project will cause the following impacts:
• The bulkhead installation and filling of the silted-in basin will result in temporary elevated
FIELD INVESTIGATION REPORT: TNT Concrete, Dare County
Page 4 of 4
turbidity levels of Public Trust Area and Estuarine Water Areas of Environmental Concern
(AEC). 'T'hese elevated turbidity levels will detrimentally affect crab-shedding operations
located both north and south of the Etlicridge property.
• Filling the man-made basin will require approximately 202 cubic yards (CY) of upland
sand/soil (including 51 CY placed below NWL) and result in the destntction of 1,366 SF of
Estuarine Water/Public Trust Area AEC and the filling of approximately 1,040 SF of Estuarine
Shoreline AEC and 200 SF of Coastal Wetland AEC..
The installation of the 455 linear feet of proposed bulkhead approximately 2 feet water ward of
NWL will result in the disturbance of 9,100 SF of Estuarine Shoreline AEC, the filling of 910
SF of Estuarine Water/Public Trust Area AEC, and will require approximately 13 CY of
upland sand/soil.
The installation of the 455 linear feet of proposed bulkhead will result in the filling of 322 SF
of Coastal Wetland AEC and 1,786 SF of USCOE Section 404 wetlands. However, to mitigate
the loss of wetlands the applicant proposes to place a conservation easement on the 2.09 acres
of Coastal Wetlands located on the eastern half of the Etheridge property east of Duck Pond
Ditch.
The installation of the 455 linear feet of proposed bulkhead will improve the water quality of
Duck Pond Ditch by reducing sediment transport from the poorly maintained Estuarine
Shoreline AEC. The full benefits will not be realized however unless TNT Concrete is
required to develop AND maintain a healthy vegetated buffer between the existing parking
areas/proposed development and Duck Pond Ditch.
• The proposed upland development (i.e., office building, parking area, and septic drain field)
will result in the disturbance of 21,720 SF of upland area, 13,246 SF of which will occur in
the Estuarine Shoreline AEC.
• The proposed office building and parking area will create 17,520 SF of impervious area,
9,046 SF of which will be located within the Estuarine Shoreline AEC. The 9,046 SF is
approximately 21% of the 43,337 SF within the Estuarine Shoreline AEC.
• After filling the man-made basin, no impervious area is proposed within the 30-foot buffer.
• Preliminary review indicates that no archaeological resources are known to be located in the
vicinity of this proposal.
• Increased storm water run-off from the new office building and concrete parking area ( 17,520
SF of impervious surface) will detrimentally affect the water quality of Duck Pond Ditch.
• Discharges from the septic drain field may detrimentally affect the water quality of Duck Pond
Ditch, particularly due to its proposed location adjacent to the filled basin. The fill proposed
for the existing basin may facilitate the flow of septic drain field discharges into Duck Pond
Ditch.
FIELD INVESTIGATION REP01M TNT Concrete, Dare County
Page 5 of 5
• Additional vehicular traffic will utilize Poor Ridge Road to access the new warehouse.
Submitted By: John M. Cece Jr.
Date: Junel7, 2005
Revised: September 20, 2005
Form DCM-MP-1
?'`
APPILIU`AT?0 DN'
Cro be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Kitty Hawk
c. Street address or secondary road number
3908 Poor Ridge Road (SR 1211)
a. Landowner:
Name Rov Etheridae. Jr. c/o TNT Concrete
Address P. O. Box 296
City Powells Point State NC
Zip 27966 Day Phone [phone]
Fax
b. Authorized Agent:
Name Atlantic Environmental Consultants, LLC
Address PO Box 3266
City Kitty Hawk State
Zip 27949 Day Phone [phone]
Fax [phone]
c. Project name (if any) AEC #04-022
NOTE.' Permit ivill be issued in name of landowner(s), and'or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare County
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Duck Pond Ditch
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construct bulkhead with associated backfill in
Section "404" wetlands. Fill in manmade boat basin.
Construction of a 7,500 sf professional office
Building with 28 concrete parking spaces and septic.
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages. Construct bulkhead along eroding shoreline
with associated backfill in Section "404"
wetlands. Fill in existing boat basin to restore
highground. Boat basin is not functional since
sediment filled in over time. Construct office
buildin; and associated parking. See additional
information in attached project narrative.
Revised 03/95
Form DCM-MP-1 ????-.
lJ J 1 ?
A
(To be completed by all applicants) MOrE)h G
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract approx. 4.1 acres
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other 404 wetlands
If yes, has a delineation been conducted? yes
(Attach documentation, ijavailable) AEC 12-11-04
m. Describe existing wastewater treatment facilities.
N/A
b. Size of individual lot(s) approx. 4.1 acre
c. Approximate elevation of tract above MHW or NWL
4-5'
d. Soil type(s) and texture(s) of tract
Fripp fine sand CUrrituck mucky peat
e. Vegetation on tract panicum sp., Spartina
cynosuroides; Persea borbonia, Baccharis halimifolia
f. Man-made features now on tract dilapidated one-
story buildint*.
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
Conservation Transitional
X Developed _ Community
Rural Other
h. How is the tract zoned by local government?
Commercial VC-2
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach :oningcompliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property?
Yes X No
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 properties. If the applicant is not
clainlim, to be the owner of said property, then forward
a copy of the deed or other instrument under which the
owner claims title, plus written pennission from the
owner to carry out the project.
® An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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
Revised 03/95
Form DCM-MP-1
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding 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 personnel
unfamiliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
or use of public land ,' attach a statement documenting
compliance with the North Carolina Environmental
Policy ANorihu
i4i' ?iij ?' ..a
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
®A Stormwater Certification, if one is necessary.
®A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Sarah J. Ackley
Address 3910 Poor Ridge Road
Phone Kitty Hawk, NC 27949
Name Jack K. Agee
Address 813 Mira Drive
Phone Colorado Springs, CO 80906
Name
Address
Phone
® A list of previous state or federal permits issued for
Nvork on the project tract. Include permit numbers,
permittee, and issuing dates.
No information found on DreviOLIS Den-nits
v A check for 5250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
® A signed AEC hazard notice for projects in
oceanfront and inlet areas.
0 A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public funds
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
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 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 application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 25th day of February 1 2005
Print Name Doug Dorman
Sia
Landgwn'er or ; tuthori_ed Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
X DCM MP-3
?k DCM MP-4
DCM NIP-5
DCM MP-6
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Furth DC1I -MP-2
E ?c?AVA?I If ON
AND T II-wLLL
(Except bridges and culverts)
Attach this form to Joint Application for C AMA
Major Permit, Form DCM-MP-1. Be re to
complete all other sections of the Joint Appli ation
that relate to this proposed project.
Describe below the purpose of proposed excavation
or fill activities. All values to be given in feet
Averace Final
Existing Projeci
r.enoth Width Depth Diepth
Acccss
channel
(\ILW)
(MVVA
Canal
N/A -------- -------- ---
-
N/A -------- --------
--

N 60'

74'ave. (N ate r

depth)

inches
0 ill I
iistlli
;rou in t
ng
-id level

NIA -------- -------

N/A -------- -------
N/A -------- ------- ---
01
Boat (FILL IN)
basin
Boat
ramp
Rock
groin
Rock Break«at:r
Other
(Excluduie
shoreli:r?-
stab LlZattom)
Hr-GIE IE
E1AAR 1 1 200;
COASTAL h4A1w\ iEMLN1
FUZASETH ciry
1. EXCAVATION
a. Amount of material to be excavated from below
iNff-1W or Nti"rL in cubic yards N/A
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands? Yes No N/A
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
i\IATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No N/A
If yes, where? N/A
Rz-v;sed 01/95
MAP I l mill.
Form DCINI-TNIP-2
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands? N/A
Yes X No
f. Does the disposal include any area in the water?
Yes X No N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
.9-21
5. GENERAL
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riiprap
b. Length
455'
c. Average distance waterward of '11vLHW or NWL
2 feet
d. Maximum distance waterward of N'IHW or NWL
2 feet
e. Shoreline erosion during preceding 12 months
+/ 2 feet
(.Source
infornrntion)
a. How will excavated fill material be kept on site
and erosion controlled? NA
b
CC)Aoj?AL
No
X =ixs .
If yes,
(1) Amount of material to be placed in the
water 51_ cvds_
(3) Purpose of fill
Fill in manmade boat basin
What type of construction equipment will be
used (for example, dragline, backhoe,
hydraulic dredge)?
Hydraulic pump and hand tools
Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
of Personal observation c
f Type of bulkhead or riprap material
Wooden
Amount of fill in cubic yards to be placed below
water level
(1) Riprap NIA
(2) Bulkhead fill 13 cubic yards
h. Type of fill material upland source (sand) _
1. Source of fill material
Commercial upland source
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? yes
AEC 404-022
., liar.: or Project N
- Signature
3 c? ? ?- 5
Date
Revised 03/91
Form DCNI-NIP-3
UPLAND
D ?V? UP
?L11
M1JT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CANNA Major
Permit.
Form DCNI-MP-I. Be sure to complete all other sections of
the Joint Application that relate to this proposed project.
a. Type and number of buildings, facilities, units or
strictures proposed:
Wooden bulkhead K 7.500 sT professional office building
b. Number of lots or parcels
c. Density (give the number of residential units and the units
per acre) N/A
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. 13acktill for bulkhead 20'x 455'= 9,100
Proposed fill for manmade basin 24' ave.N 60' = 1.366
Office build./parkimg/drainficld = 21.720 s.f.
Total disturb. = 32,186 s.f.
c. If the proposed project mill disturb more than one acre of
land, the Division of Land Resources must receive an
erosion and sedimentation 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 X No
If Yes. date submitted N/A
f List the materials (such as marl, paver stone, asphalt. or
or concrete) to be used for paved surfaces.
Concrete parking area
g. Give the percentage of the tract within 75 feet of 1VIHW or
NWL, or within 575 feet in the case of an Outstanding
Resource Water, to be covered by impen?ious and/or built-
upon surfaces, such as pavement. buildings, roofto s, or be used for vehicular driveways or parking
?Sk? n
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification. Has a

MgrQha;ia City POM
site development plan been submitted to the Division of
Environmental Management for review?
Yes X No
If yes. date submitted
i. Describe proposed method of se«age disposal.
On site conventional septic system
j. Have the facilities described in Item i. above received
state or local approval? No
(Att-h:,pp-p,W d-wiou)
k. Describe location and thpe of proposed discharges to
eaters of the state (for example, surftce ninoff, sanitan
wastc%?ater, industrial/conunercial effluent. "«ash doer"
and residential discharges).
Surface nmoff
1. Describe proposed drinking «ater supply source
(e.g. i% ell, community. public system, etc.)
Public «ater supply
in. Will «ater be impounded'? _ Yes \ No
If yes, how many acres? N/A
n. If the project is an oceanfront development. NNlien was
the lot(s) platted and recorded:'
N/A
AEC r04-022
Applicant or Project Name
Signature
Date
IP07 MK
0 V\ P K= HAVa
c
E3
y.
dc:
i m
siTEE---
P
Long Point
2 4j
KITTY HAWK
BAY
.,b
VICINITY MAY r= .a
Q? D.D. lEQ PSG. 43/
• F N 101,02' W
FMD a NRR Cr f lz
AE. M P6 t'3

/ MAGNETIC
N-?
3
NOTES:
EXISTING BUULDING TO BE REMOVED = 1,377 SF
PROPOSED BUILDING = 7,500 SF
PROPOSED CONCRETE PARKING AREA = 10.020 SF
TOTAL AREA WITHIN THE 75' AEC = 43,337 SF
ALLOWABLE IMPERVIOUS COVERAGE WITHIN 75' AEC = 13,001 SF (30%)
PROPOSED COVERAGE VSITHIN THE 75' AEC = ?'-'7 SF (M'
PROPOSED PARKING REQUIREMENTS: cl, 04 51 ? 170
1 PARKING SPACE PER 300 SF OF GROSS OFFICE SPACE= 25 SPACES
1 PARKING SPACE FOR EACH 2 EMPLOYEES (6 EMPLOYEES) = 3 SPACES
TOTAL PARKING = 28 SPACES
N1.r
TNr S=W= DJC
D.Q 1314, PG. 449
F hI '
?rtuC 208 32' - S 0912'28' E -?
,. •- - ._ ._•.-.._.._.._..-PDOR RIDGE RD .s.F •12r?.._.._,
y
hry
M fi
_ .P,r_.._.._,..,....._.._.._..._..r_ - --.._.._.._ '? cos i??' I
- -?•PRQ OSED?PAR?C1116-,
30 pa a(u. m 7'w
2 '3 4.' 9; 'd 7 8 9, 10 11 ]2 13''1 1 16 47: 25 26 27 28
\ ' ` '?•.` •`? ` 425Sg X11
150' X18 ' ' 23. DRAINFTEI D \ REPAIR
AREA Arc '
?6` vr s z ' N
JACK K. /AGES L 50' - r
__-
PROPOSED PROFESSIONAL '.
f OFFICE BUILDING ? ST .? - 75' ?N
J LZL?4TA'C IJUUn1IA'C ?U L_ ._ ? ~•?. '
°SfO-- PROPOSED BASIN FILL IN La L
`A HIGH GROUND (1,366 SF) --------
4D4 -°'-
51 CUEM YARDS
?l ? n` ??r? DELOW WATEMNC
rat
DUCK POND -
_ DITCH
_9.0 2.8 -9.1 .,,.: - -2.T ..: _ _. _Z?• _3.0 ..? 1?..• -2.0
I + ,II PROPOSED BULKHEAD
455 LINEAR FEET i NJF
1.1. SARAH AC=Y
WETLAND DELINEATION BY CatST
AL rZr
AEC ON 12/11/04 1 LOW
'L
?t11c.
,Ir, I ', I
LEGEND,Ir,
-2 B EXISTING WATER DEPTHS
It
PROPOSED WETLAND FILL AREA ( 1,786 SF) I'LL
PROPOSED COASTAL MARSH IMPACTS (528 SF)
1ri 14.
BOUNDARY INFORMATION TAKEN FROM SURVEY BY
COASTAL ENGINEERING, DATED 12/21/4.? s.
FILF r.,
CAMA MAJOR - BULKHEAD AND BASIN,
TNT CONCRETE
7?
KITTY HAWK - DARE COUNTY - NORTH CAROLINA
„ - ATG4NT/C ENV11?0N?'?ENT?L COAISUL T; ,10 ; LLC
GRAPHIC SCALE 1 - 60' A 0. 90.Y 3266, K/T7Y 0.. 27919
?252)261-7707, e inoii ?oxdormo??/. c?irr
DATE: 2/10/05 REVISED: 8/29/05 FILE: 04-022 DRAWN BY: DAD
W AT ?RQG
D a 7,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 5, 2005
Mr. Roy Etheridge
TNT Concrete
P.O. Box 296
Powells Point, NC 27966
Subject Property: 3908 Poor Ridge Road
Kitty Hawk, NC
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1161
Dare County
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Mr. Etheridge:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.099 acres of waters to fill an existing, silted in boat basin and construct a bulkhead on
the subject property as described in your application received by the Division of Water Quality (DWQ)
401 Oversight/Express Review Permitting Unit on June 23, 2005. After reviewing your application, we
have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number
3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when
issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project including (but
not limited to) erosion and sediment control regulations and LAMA. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404/LAMA Wetlands 0.048 (acres) DCM-MP
Waters 0.051 (acres) DCM-MP
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.st ite:nc.us/ncwetlands
Noe
Carolina
?fiaally
An Equal Opportunity/Affirmative Action Employer - 5017o Recycled/10% Post Consumer Paper
Roy Etheridge - TNT Concrete
Page 2 of 2
August 5, 2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
4-P-Z4) ii
Alan W. Klimek, P.E.
AWKlijm
Enclosures: GC 3400
Certification of Completion
cc: Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051161 RoyEthridgeJrTnTConcrete(Dare)401 CAMA
401 comments
Subject: 401 comments
From: Tom Steffens <Tom. Steffens@ nc mail.net>
Date: Thu, 04 Aug 2005 07:58:37 -0400
To: Ian McMillan <[e-mail]>, Laurie Dennison <[e-mail]>
the following have been reviewed by waRO as per the tracking list. However, regional
comments cannot be entered into BIMS for some reason,. Please to add them at your
convienence.
Thank you
toms
20051162 Currituck Jim Owens 3-Aug dcm maj 25-Jul
HOLD- WaRO does not consider this maintenance dredging,last time maintained mid
80's, previously inland lake. Needs complete flushing model, SAV survey required,
secondary and cumulative impacts w/ future enlargement dredging issues inadequately
discussed. Also see WRC/Tripp comments.
20051159 Dare Kitty Hawk Landing Homeowners Assoc 3-Aug dcm maj
23-Jun
Issue n/c
20051099 Dare Colington Point LLc 3-Aug dcm maj 17-May
Issue nc
1/20051098 Pitt Brighton Place sec III 3-Aug nwl4 NBR 25-Jun
Issue w/cond- strm h2o plan necessary if over 30% rule, mitigation as required by
Corp necessary provide EEP documentation
20051161 Dare Roy Etheridge TNT Concrete 3-Aug dcm maj 23-Jun
Issue n/c
V-x0051160 Perquimmons F.J. Outland and Broughton Dail 3-Aug dcm maj
23-Jun
Issue n/c
20050563 Pitt Vanrack, Vancroft sec III 3-Aug nw 18 22-Jun
Issue n/c
1 of 1 8/4/2005 10:35 AM
'Y 1W
NCDE
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 22, 2005
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:

Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
F/;?[Rowmo
JUN 2 3 2005
Doug Huggett DE&R - t,ATER QU,JLtn.
Major Permits Processing Coordinator `FIUj"OSSTO F,174ATMERSN 041
CAMA/DREDGE & FILL Permit Application Review
Roy Etheridge, Jr. c/o TNT Concrete
3908 Poor Ridge Road (SR 1211), Kitty Hawk, Dare County
Fill man-made basin, install bulkhead, demolish an existing structure,
construct a warehouse and parking area, and install septic drain field
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 13, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact John Cece at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
Ll This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agenc bjects to the project for reasons described in the attached
orm ants.
SIGNED ?w DATE v
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www,nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 301110 Recycled by Fiber Weight
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Roy Etheridge Jr. c/o TNT Concrete

2. LOCATION OF PROJECT SITE: 3908 Poor Ridge Road (SR 1211), Kitty Hawk,
Dare County
Photo Index - 2000: 184-2121 (S2, 3) 1995: 186-1959 (J5, 6) 1989: 1-45-9 (P12)
1984: 136-483 (D13, 14) 1978: Not available
State Plane Coordinates - X: 2971600 Y: 855100 Kitty Hawk, NC (UL)
GPS Rover File: C042812A
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 17, 2005
Was Applicant Present - Yes (agent, Doug Dorman)
5. PROCESSING PROCEDURE: Application Received Complete - May 12, 2005
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk
Land Classification From LUP - Transition and Conservation (1994 Kitty Hawk LUP)
[NOTE: Applicant indicated land classification is "Developed."]
(B) AEC(s) Involved: CW, EW, ES, PTA
(C) Water Dependent: Bulkhead and basin filling-Yes Warehouse-No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F)
(G)
Type of Structures:
Existing - Packed dirt parking areas, silted-in 1,336 square feet (SF) man-made basin,
and a dilapidated one-story wooden structure (1,377 SF)
Planned - 1) fill a silted-in 1,336 SF man-made basin; 2) install 455 LF of bulkhead
along the western shore of Duck Pond Ditch; 3) demolish an existing one-story 1,377
SF wooden structure, 4) construct a two-story 7,500 SF warehouse; 5) construct a
5,277 SF concrete parking area; and 6) install a 1,523 SF septic drain field.
Estimated Annual Rate of Erosion: 2 feet Source - Applicant ?
7. HABITAT IMPACT DESCRIPTION: [AREA]
nppnnpD Fii.i.FD
t
DISTURBED
(A) Coastal Wetlands 322 SF
(B) COE 404 Wetlands 1,786 SF
(C) Public Trust/Estuarine Waters 2,246 SF
(D) Estuarine Shoreline 10,140 SF 6,407 SF
FIELD INVESTIGATION REPORT: TNT Concrete, Dare County
Page 2 of 2
(E) Total Area Disturbed: 24,766 SF
(F) Primary Nursery Area: No
(G) Water Classification: SC Fish Propagation
8. PROJECT SUMMARY: This project is located at TNT Concrete in Kitty Hawk, Dare
County. The applicant proposes to 1) fill a silted-in 1,336 SF man-made basin; 2) install 455
LF of bulkhead along the western shore of Duck Pond Ditch; 3) demolish an existing one-
story 1,377 SF wooden structure, 4) construct a two-story 7,500 SF warehouse; 5) construct
a 5,277 SF concrete parking area; and 6) install a 1,523 SF septic drain field.
PROJECT SETTING
This project is located at 3908 Poor Ridge Road (SR 1211), a 4.1-acre tract owned by Roy
Etheridge Jr. Duck Pond Ditch (aka Duck Pond Creek) flows in a north-south direction and
bisects the property into two approximately 2-acre sections: a semi-developed western section
that is currently used by TNT Concrete to park heavy equipment and an undeveloped eastern
section. Duck Pond Ditch is approximately 30 feet wide and 2.5 feet deep and is a tributary
of Kitty Hawk Bay, which connects to the Albemarle and Currituck Sounds. No submerged
aquatic vegetation (SAV) was observed in Duck Pond Ditch.

The western-half of the Etheridge property is elevated upland approximately 4 -5 feet above
the NWL in Duck Pond Ditch. It is bordered by Poor Ridge Road on the west, undeveloped
tracts on the north and south, and Duck Pond Ditch on the east. The TNT Concrete plant is
located across Poor Ridge Road, immediately west of the property.
The western portion of the Etheridge property is approximately 2 acres in size and contains a
dilapidated 1,377 SF one-story wooden structure and a non-functional (silted-in) man-made
basin in the middle of the lot. The northwest and southwest portions of the tract are packed
dirt areas utilized by TNT Concrete as parking areas for concrete mixers and other heavy
equipment. The eastern boundary of this portion of the property is comprised of 455 LF of
non-hardened Estuarine Shoreline along Duck Pond Ditch that contains 1,786 SF of US
Army Corps of Engineers (USACOE) Section 404 wetlands and 322 SF of Coastal Wetlands
AEC. None of the shoreline along the length of Duck Pond Ditch has been hardened with
either riprap or bulkhead.
The majority of the western-half of the Etheridge property is comprised of packed dirt
parking areas. The remaining areas of the Etheridge property west of Duck Pond Ditch have
repeatedly been mowed and the surviving vegetation is primarily grasses and weeds with
isolated small pine trees and bayberry bushes (Myricaceae species). The Coastal Wetlands
located adjacent to Duck Pond Ditch are comprised of Spartina cynosrcroides. The applicant
reports that local vegetation includes panic grasses (Panicuin species), Carolina bay (Persea
borbonia), and eastern baccharis (Baccharis halirnifolia).
The eastern-half of the Etheridge property is comprised of 2.09 acres of undisturbed Spartina
cynosccroides Coastal Wetlands bordered by 455 LF of Duck Pond Ditch on the west and
undeveloped Coastal Wetlands on the north, south and east.
FIELD INVESTIGATION REPORT: TNT Concrete, Dare County
Page 3 of 3
PROJECT DESCRIPTION
The applicant proposes to 1) fill a silted-in 1,336 SF man-made basin; 2) install 455 LF of
bulkhead along the western shore of Duck Pond Ditch; 3) demolish an existing one-story
1,377 SF wooden structure, 4) construct a two-story 7,500 SF warehouse; 5) construct a
5,277 SF concrete parking area; and 6) install a 1,523 SF septic drain field. All the
development proposed by the applicant will be located in the western half of the Etheridge
property.
The applicant first proposes to fill an old 1,366 SF basin utilizing clean sand from a
commercial upland source. The basin appears to have been created in existing upland. The
basin has silted-in to an average depth of 1 foot. The applicant claims that filing the basin
will improve the safety of TNT Concrete employees operating heavy equipment on the
western portion of the property.
Installing 455 LF of wooden bulkhead 2 feet water ward of the western shoreline of Duck
Pond Ditch will 611322 SF of Coastal Wetlands and 1,786 SF of USACOE Section 404
wetlands. Fill proposed to be clean sand from a commercial upland source. The project
narrative submitted by the applicant claims that representatives from Applied Environmental
Consultants met with staff from the Division of Coastal Management, Division of Water
Quality, and the USACOE in June and July 2004 to discuss/review the proposed
development and no objections were noted.
To mitigate the loss of the Coastal Wetlands and USACOE Wetlands, the applicant proposes
to place a conservation easement on the 2.09 acres of Coastal Wetlands located on the eastern
half of the Etheridge property east of Duck Pond Ditch. The easement will be properly
recorded once it is approved by the North Carolina Ecosystem Enhancement Program
(NCEEP).
The upland development proposed by the applicant includes a two-story 7,500 SF
warehouse, a 5,277 SF concrete parking area immediately west of the warehouse; and a
1,523 SF septic drain field located north of the warehouse. The warehouse and septic field
will be located 50 feet west and 70 feet west of Duck Pond Ditch, respectively. The upland
development proposed by the applicant will be located in the southwestern portion of the
Etheridge property that is currently a packed dirt area used to park/store concrete mixers and
other heavy equipment.
ANTICIPATED IMPACTS
It is anticipated that the proposed project will cause the following impacts:
The bulkhead installation and filling of the silted-in basin will result in temporary elevated
turbidity levels of Public Trust Area and Estuarine Water Areas of Environmental Concern
(AEC). These elevated turbidity levels will detrimentally affect crab-shedding operations
located both north and south of the Etheridge property.
FIELD INVESTIGATION REPORT: TNT Concrete, Dare County
Page 4 of 4
• Filling the man-made basin will require approximately 202 cubic yards (CY) of upland
sand/soil (including 51 CY placed below NWL) and result in the destruction of 1,366 SF of
Estuarine Water/Public Trust Area AEC and the filling of approximately 1,040 SF of
Estuarine Shoreline AEC.
The installation of the 455 linear feet of proposed bulkhead approximately 2 feet water ward
of NWL will result in the disturbance of 9,100 SF of Estuarine Shoreline AEC, the filling of
910 SF of Estuarine Water/Public Trust Area AEC, and will require approximately 13 CY of
upland sand/soil.
• The installation of the 455 linear feet of proposed bulkhead will result in the filling of 322 SF
of Coastal Wetland AEC and 1,786 SF of USCOE Section 404 wetlands. However, to
mitigate the loss of wetlands the applicant proposes to place a conservation easement on the
2.09 acres of Coastal Wetlands located on the eastern half of the Etheridge property east of
Duck Pond Ditch.
The installation of the 455 linear feet of proposed bulkhead will improve the water quality of
Duck Pond Ditch by reducing sediment transport from the poorly maintained Estuarine
Shoreline AEC. The full benefits will not be realized however unless TNT Concrete is
required to develop AND maintain a healthy vegetated buffer between the existing parking
areas/proposed development and Duck Pond Ditch.
• The proposed upland development (i.e., warehouse, parking area, and septic drain field) will
result in the disturbance of 14,300 SF of upland area, 6,407 SF of which will occur in the
Estuarine Shoreline AEC.
• The proposed warehouse and parking area will create 12,777 SF of impervious area, only
4,884 SF of which will be located within the Estuarine Shoreline AEC. The 4,884 SF is
approximately 11% of the 43,337 SF within the Estuarine Shoreline AEC.
• No impervious area is proposed within the 30-foot buffer.
• Application proposes fill of existing basin to restore high ground to use as parking.
Development of buffer areas to parking lot use would negatively impact buffer function.
• Preliminary review indicates that no archaeological resources are known to be located in the
vicinity of this proposal.
• Increased storm water run-off from the new warehouse building and concrete parking area
(12,777 SF of impervious surface) will detrimentally affect the water quality of Duck Pond
Ditch.
• Discharges from the septic drain field may detrimentally affect the water quality of Duck
Pond Ditch, particularly due to its proposed location adjacent to the filled basin. The fill
FIELD INVESTIGATION REPORT: TNT Concrete, Dare County
Page 5 of 5
proposed for the existing basin may facilitate the flow of septic drain field discharges into
Duck Pond Ditch.
• Additional vehicular traffic will utilize Poor Ridge Road to access the new warehouse.
Submitted By: John M. Cece Jr.
Date: June17, 2005
MAR 1 1 2005
Form DCM-MP-1 a . ....
3 2005 „
SUN 2 Il2L NiANAG N7
ARRL14"11 ' T RBRAti (To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Rov Etheridge Jr. c/o TNT Concrete
Address P. O. Box 296
Citv Powells Point State NC
Zip 27966 Day Phone [phone]
Fax
b. Authorized Agent:
Name Atlantic Environmental Consultants LLC
Address PO Box 3266
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax [phone]
C. Project name (if any) AEC 404-022
NOTE: Permit will be issued in name ojlaruiox-rrer(s), ardor
project name.
2. LOCA'T'ION OF PROPOSED
PROJECT
a. County Dare Countv
b. City, town, community or landmark
Kittv Hawk
c. Street address or secondary road number
3903 Poor Ridge Road (SR 1211)
d. Is proposed work within city limits or planning
jurisdiction'? 1 Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Duck Pond Ditch
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Constrict bulkhead with associated backfill in
Section "404" wetlands. Fill in manmade boat basin
Cu115iRVCr a 43MCV'7 5Vy sF c IMQ5'10U,
1Al$77?- ? ?-?7 s? coa?>?r? P?-??l<i?Pl? ?->CL.
1N*L )S-2,3 SF aPziG bkamUac?p
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages. Constrict bulkhead along eroding shoreline
with associated backfill in Section "404"
wetlands Fill in existing bolt basin to restore
highground to use as parking Boat basin is not
functional since sediment filled in over time. See
additional information in attached project narrative.
Revised 03195
Form DCM-MP-1
A -W-%-Wv. -M, *--a
rrLtuAYffON
c IVED
MAR 1 1 2005
CQASTALt, ArgAGEMENI
FUZABETH CITY
(To be completed by all applicants)
4. ]LAND AND WATER
CHARACTERISTICS
a, Size of entire tract approx. 4.1 acres
b. Size of individual lot(s) approx 4.1 acre
c. Approximate elevation of tract above MHW or NWL
4-5'
d. Soil type(s) and tenure(s) of tract
Fripp fine sand Currituck mucky peat
e. Vegetation on tract panicum so.. Spartina
cvnosuroides: Persea borbonia. Baccliaris halnnifolia
f. Man-made features now on tract dilapidated one-
storv buildiniz
g. What is the CAMA Land Use Plan land classification
of the site? (Consult ilic local land use plan)
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other 404 wetlands
If yes, has a delineation been conducted? ves
('Attach documentation, ?favailable) AEC 12-11-04
in. Describe existing wastewater treatment facilities.
N/A
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
N/A
o. Describe existing drinking water supply source.
N/A
5. ADDITIONAL INFORMATION
Conservation Transitional
. Developed _ Community
Rural Other
h. How is the tract zoned by local govenunent?
Commercial VC-2
Is the proposed project consistent with the applicable
zoning'? X Yes No
(,,I rtach zoning compliance ce)tificate, if applicable)
Has a professional archaeological assessment been
done for the tract'? Yes X No
If yes, by whom?
k. is the project located in' a National Registered
Historic District or does it involve a National Register
listed or eligible property?
Yes X No
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 properties. If the applicant is not
claiming to be the owner of said property, then forward
a copy of the deed or other instrument under which the
owner claims title, plus written permission from the
owner to carry out the project.
a An accurate, dated work plat (including plan view
and cross-sectional drawings) drachm to scale in black
,I on an S 1/2" by 1 l" white paper. (Refer to Coastal
Resources Corrunission Rule 71.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
Re% ised 03/95
I
Form DCM-MP-1
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding 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 personnel
wifarniliar with the area to the site. Include lighway or
secondary road (SR) numbers, landmarks, and the like.
OA Stormwater Certification, if one is necessary.
©A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in wlich to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Sarah J. Acklev
Address 3910 Poor Ridge Road
Phone Kitty Hawk NC 27949
Name Jack K Agee
Address 813 Mira Drive
Phone Colorado Springs. CO 80906
Name
Address
Phone
v A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
pennittee, and issuing dates.
No information found on previous pennits
A A check for 5250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
o A signed AEC hazard notice for projects in
oceanfront and inlet areas.
o A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public funds
Reused 03/91
"r 22005
i _0A,
AL ;
? :.... _271 T,: pF uVq? MEiVT
or use of public lands, attach. a statement r? f^m'r?intung
compliance with the North Carolina Environ nental
Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the pennit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted ii a manner consistent with such program.
1 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 ii
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 25111 day of February , 2003
Print Name Doug Dorman
Signature !•-c?r?z c?
Landowner sv A aho,ized,4g, t
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM NIP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCA1 MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2
?XC'AVA71'ff ON
A -"5k 'D FILiL
N
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Appli ation
that relate to this proposed project.
Describe below the purpose of proposed exca ation
or fill activities. All values to be given in feet
Average
Existing
T Width Depth
Access
channel
(MLW)
O tM .l
Canal
N/A ------ ------- --- ---
N/A -------- -------- -- ----

/V 60'

4'ave. (water

depth) +liinches U
exist
,ro to t
n-
a 1eve
is
N/A -------- -------
N/A -------- ------- --- ----
-
N/A -------- ------

N/A - -- ---- -------

--

----
01
Boat (FILL IN)
basin
Boat
ramp
Rock
groin
Rock Breakwater
Other
(Excluduig
shoreluie
stabilization)
NtUERIED,
CHAR 11 2005
CQASTAL "IAN"' -iV1ENI
FUZABETH C11-My
1. EXCAVATION
a. Amount of material to be excavated from below
. MHW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands? Yes No N/A
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No N/A
If yes, where? N/A
1
Revised 03/95
1AAR I i ??rl?:
Form DCM-NIP-2
i
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands? N/A
Yes X No
f. Does the disposal include any area in the water?
Yes X No N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length
455'
c. Average distance waterward of MHW or NWL
2 feet
d. Maximum distance waterward of M1-1W or NWL
2 feet
e. Shoreline erosion during preceding 12 months
+/ 2 feet
(Source of Personal observation
1nforination)
f. Type of bulkhead or riprap material
Wooden
X No
If yes,
(1) Amount of material to be placed in the
water 51 c. yds_
(3) Purpose of fill
Fill in manmade boat basin
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
5. GENERAL
a. How will excavated fill material be kept on site
and erosion controlled? NA
b. What type of construction equipment will be
used (for example, dragline, backhoe,
hydraulic dredge)?
Hydraulic pump and hand tools
c.
Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
g, Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill 13 cubic yards
h. Type of fill material upland source (sand -
I. Source of fill material
Commercial upland source
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? yes
AEC 404-022
A. licant or Project Na
ignature ?.
,-)L- 2
Date
lU
J
UN 2 3 2005
ttiENDSMD SAS 4 TER 6
JCH
RcN ised 03195

Form DCM-MP-3
UPLAND
DEVEIT®PMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit,
Form DCM-MP-1. Be sure to complete all other sections of
the Joint Application that relate to this proposed project.
a. Type and number of buildings, facilities, units or structures
proposed.
7,5 0 sf warehouse building.
b. Number of lots or parcels 1
Density (give the number of residential units and the units
per acre) Lot size - 2.1 acres
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. Bldg.- 7,500 parking - 5,277 drainfield -
basin 1,366 b.h. backfill - 9,100
Total disturbance = 24,766 s.f.
e.
If the proposed project will disturb more than one acre of
land, the Division of Land Resources must receive an
erosion and sedimentation 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 X No
If Yes, date submitted N/A
f. List the materials (such as marl, paver stone, asphalt, or
or concrete) to be used for paved surfaces.
Concrete parking -
g. Give the percentage of the tract within 75 feet of MHW or
N WL, or within 575 feet in the case of an Outstanding
Resource Water, to be covered by impervious and/or built-
upon surfaces, such as pavement, buildings, rooftops, or to
be used for vehicular driveways or parking. 11%
MAR 2 8 2005
-'?.'?L?T?I_ ?A 9nl n r--' Ali J•r
CI ,...... .:(T, -
h. Projects -that require a CAMA Major Development Permit
may also require a Stormwater Certification. Has a site
development plan been submitted to the Division of
Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
Onsite conventional wastewater
j. Have the facilities described in Item i. above received
state or local approval? No
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash down"
and residential discharges).
Surface runoff
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Public system
m. Will water be impounded? _
If yes, how many acres? N/A
Yes X No
If the project is an oceanfront development, when was the
lot(s) platted and recorded? N/A
TNT Concrete
Applicant or Project Name
Signature
Date 3/25/05
?Jwivedv'ivi.0V30
PROJECT NARRATIVE 5002 8 Z UVW
CAMA Major Permit - TNT Concrete F .,.
Kitty Hawk, Dare County, North Carolina L
The proposed project is located east of Poor Ridge Road (SR 1211) in Kitty
Hawk Village, Kitty Hawk, Dare County, North Carolina. Property owner, Roy
Etheridge of TNT Concrete, is proposing to bulkhead the eroding shoreline within
Duck Pond Ditch, which includes filling in an existing manmade boat basin
(constructed in highground). Existing boat basin is nonfunctional since sediment
has filled in over the years and is a safety issue associated with the existing
commercial facility utilizing the site. Small areas of Section "404" wetlands are
proposed to be filled associated with backfill behind the proposed bulkhead.
Small clumps of Coastal Wetland impacts are proposed to construct the
proposed bulkhead. This proposal also includes the removal of an existing one-
story building to construct a commercial warehouse building, which includes
construction of a parking lot and septic system.
AEC staff has conducted several pre-application meetings on site with the N.C.
Division of Coastal Management (7-7-04), N.C. Division of Water Quality (7-21-
04), and the U.S. Army Corp of Engineers (6-24-04). There were no objections
with the proposed project from all agencies, however, Mr. Sampson with DCM
requested all coastal wetland clumps within the ditch to be noted on the plat.
AEC staff conducted a Section 404 wetland delineation on 12-10-04, later
surveyed by Coastal Engineering. AEC staff took field measurements of Coastal
Wetland clumps of Spartina cynosuroides (322 s.f.) to be impacted by the
proposed project and noted the areas on the attached CAMA Major Plat.
According to Mr. Etheridge and soils maps, the manmade boat basin was
constructed in highground approximately 40 years ago, which connects to
manmade Duck Pond Ditch.
Proposed bulkhead, 455 linear feet with 15' return walls on each end.
Bulkhead alignment is not to exceed an average and maximum of 2' from NWL.
Proposed area of disturbance for project:
Warehouse
Parking
Drainfield
Basin fill
Bulkhead backfill
Total area of disturbance
7,500 s.f.
5,277
1,523
1,366
9.100
24,766 s.f.
(Project narrative - Etheridge - pg. 2)
Area of disturbance proposed within the 30' Buffer and 75' AEC is:
Backfill for bulkhead 455'x 20'= 9,100 s.f.
Fill existing boat basin 24' (ave.) x 60' = 1.366 s.f.
Total disturbance Min 30'Buffer and AEC 10,466 s.f.
Impervious area proposed within 75'AEC for building and parking
4,825 s.f
Proposed warehouse building 7,500 s.f.
Proposed parking 5,277 s.f.
(Approx. 314 of the warehouse is within 75' AEC; parking is outside AEC, excluding a small area
at the northeast corner. No impervious area proposed in 30' Buffer)
Fill proposed below the NWL:
Bulkhead 13 c.yds
Boat basin 51 c.yds.
Total fill proposed below NWL 64 c.yds.
Fill for boat basin will be trucked in, clean, upland soil from a commercial source.
Water depths in boat basin range from three inches to twelve inches. Filter cloth
will be placed behind bulkhead before backfill is in place.
Total impacts to Section 11404" wetlands include filling (1,786 s.f. (0.04 ac)).
Total impacts to Coastal Wetlands (322 s.f. (0.007 ac.).
Wetland fill could not be avoided to construct the proposed bulkhead. The man
made ditch was constructed in highground and erosion to the embankment has
created wetland areas over time. Impacts were minimized by proposing the
alignment at a minimum waterward of the NWL.
Compensatory mitigation proposed will be a conservation easement to
preserve the remaining wetlands on site (adjacent to Duck Pond Ditch) (91,231
s.f. (2.09 ac.)). The conservation easement will be recorded by the property
owner's title attorney, once approved by N.C. Ecosystem Enhancement Program
(NCEEP).
The proposed project will allow the property owner to stabilize the eroding
shoreline and fill a nonfunctional manmade boat basin in highground, to create a
safer working area around the existing commercial site.
Dare County, NC Page 1 of 1
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MAJOR PERMIT FEE MATRIX
Applicant: TNT Concrete

Selection Development Type Fee DCM % DWQ %
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial
development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or o en water areas:
II. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
27783

Personal Account Information Redacted

aquatic life:
III(D). If General Water
µ®; Quality Certification No. $400 60% ($240)
3301 (see attached) cannot
be applied:
IV. For development that
E involves the filling and/or $475 60%($285)
excavation of more than
one acre of wetlands and/or
ooen water areas:
40%($160)
40%($190)
iron ' 4roc HAWK
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KITTY HAWK
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TNT SItRY cwl INC
D.& 1314 PG. 448
N
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,t7=iNd S7Ifa 208.32' - S 09.12'26' E -?
_,. ............-POOR RIDGE RD Asa 1211 .._.._..`` /
-PROPOSED I?ARJ<IAG` N
nix ra amsz ` S ?• 8361 W ti pa 7W z9
?,% . '?, .? •? 425'46,14'7`
N/F R N \ \ ' %.. ` (tle 11 f
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: ?.. . 150 _ _ AREA c n,
JACK K. AGES 50' Ah'c L4vz ?I- z \ ?? ,
•'?
PROPOSED REHOUSE 75_? ?- -
,,PROPOSED BASIN FILL IN
saz=G UUM=G m -?j_ _ J i `o'B' HIGH GROUND (1,366 SF)
' 51 CUBIC YARDS B71 _
- ?- :..__ ,.. g0. R LIlr? -
BELOW WATERUNE
4104
Ah7ZAVD
1
_ DUC
-2.0 -3.0 It'PO1VD DITCH
=2 8 -20
-3<l . _2.7. . , =2 3 -3.0 .. -2.8 .
PROPOSED BULKHEAD jL
455 LINEAR FEET N/F
SARAH J. ACKLEY
WETLAND DELINEATION BY COASTAL WETLAhW
?lllc
AEC ON 12/11/04 A
.i1l<.
LEGEND
-2.8 EXISTING WATER DEPTHS
PROPOSED WETLAND FILL AREA ( 1,786 SF) '?
PROPOSED COASTAL MARSH IMPACTS (322 SF)
a?1k dL
BOUNDARY INFORMATION TAKEN FROM SURVEY BY
COASTAL ENGINEERING, DATED 12/21/04.
CAMA MAJOR - BULKHEAD AND BASIN FILL
TNT CONCRETE
y
KITTY HAWK - DARE COUNTY - NORTH CAROLINA

,4lG4NT/C Z-Nl?/R0Nti1Z-N7AL CONSUL TAINTS LL C
GRAPHIC SCALE 1 = 60' A0.. BOX 3266, M-17H?4WK, 1Y. 0. 27949
[phone], email mxdo1m- an®ao1. coin
DATE: 2/10/05 REVISED: 5/11/05 FILE: 04-022 DRAWN BY: DAD

CANAL
368.62'
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MAY 1 1,x,5
CO4OTA1
NOTES:
EXISTING BIULDING TO BE REMOVED = 1,377 SF
PROPOSED BUILDING = 7,500 SF
PROPOSED CONCRETE PARKING AREA = 5,277 SF
TOTAL AREA WITHIN THE 75' AEC = 43,337 SF
ALLOWABLE IMPERVIOUS COVERAGE WITHIN 75' AEC = 13,001 SF (30%)
PROPOSED COVERAGE WITHIN THE 75' AEC = 4,825 SF (117.)
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Permit Class
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Permit Number
16-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resource???uW
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Coastal Resources Commission JAN 3 0 2006
t11.LAh".'N'V
ITY
STIORMWATER
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for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Roy Etheridge, PO Box 296, Powells Point; NC 27966
Authorizing development in Dare County at Duck Pond Ditch, 3908 Poor Ridae Road,
Kitty Hawk , as requested in the permittee's application dated 2/25/05 rnrn-11 & 10131105
(NIP-2) , including the attached workplan drawings (3), 1 dated revised 10/31/05, 1 dated revised 5111105, & 1 dated received 11/16/05
This permit. issued on Jannary24, 2006 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization and Basin Fill
1) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal
Management no more than 30 days prior to the initiation of construction of the bulkhead.
2) The bulkhead shall not extend waterward more than 2 feet from the normal water level at any point
along its alignment at the time of construction.
3) The bulkhead shall be constructed prior to any backfilling activities.
4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
3-" ' /v I/ /V -
f!? Cha e S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
IL
Roy Etheridge Permit #16-06
Page 2 of 3
ADDITIONAL CONDITIONS
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which.
may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
6) A silt fence shall be properly installed immediately landward of all bulkhead caps immediately,.'
following completion of backfilling activities: -
7) - The backfill material .shall tie clean and free of any pollutants except in trace quantities.
8) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
9) No backfill material shall be placed within 30 feet of the normal water line, except that which will be
used to fill the upland basin and backfill the area behind the permitted bulkhead.
10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Stormwater Management
12) A Stormwater Management Permit may be required by the NCDWQ. The permittee shall contact the
Division of Water Quality at [phone] for this determination. Should a SWMP permit be
required, this permit must be obtained and a copy provided to DCM prior to the inittiation of any
development activities authorized by this permit.
General
13) In order to compensate for impacts to 0.04-acres of wetlands, the permittee shall make payment to the
North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP,
sufficient to perform the restoration of 0.08-acres of non-riparian Estuarine Salt Shrub wetlands in the
Pasquotank River Basin, Cataloging Unit 03010205. Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment to the NCEEP and provided a copy
of the payment documentation to the Army Corps of Engineers and the Division of Coastal
Management, and the NCEEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
J
Roy Etheridge Permit #16-06
Page 3 of 3
ADDITIONAL CONDITIONS
14) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state. of North Carolina. on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits;
approvals or authorizations that may be required, including any local permits that may be
required from the Town of Kitty Hawk.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The permittee is encouraged to contact crab-shedding operations in the area prior to any project
activities beginning to ensure increased turbidity levels do not impact the operations.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The permittee should contact the Dare County Water Distribution Superintendent at
[phone] to arrange a site visit to confirm any water line locations prior to construction.
NOTE: The permittee should contact the Dare County Environmental Health Department regarding On-
site wastewater treatment and disposal at [phone].
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 051161), which was issued on 8/5/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200610018.
Ecos stem
PROGRAM
Dallas Harris
Dal-Har Construction, Inc.
P.O. Box 531
Wrightsville Beach, NC 28480
Project: Covil Crossing
RECEIPT
County: New Hanover
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Q9WEV19a
JAN 3 0 2006
4YETW jpS qND ST EpRtdWATER BRANCH
January 26, 2006
DWQ #: 04-1161
COE #: 200200323
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $9,842.25, check
number 11910, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
Wetlands (credits) Stream (credits)
River Basin Cataloging
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. ft.)
Riparian Marsh
Cape Fear 03030005 0 0.504 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
incerely, ,
riamD. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File ®??
R,'Utorlptg... , ... Prot", Oar state, NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net