19930104 Ver 1_COMPLETE FILE_19930303

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO Mav 13, 1993
Regulatory Branch
Action ID. 199301051
Mr. Ronald R. Kight
and Ms. Hilary M. Leary
253 Neck Road
Shiloh, North Carolina 27974
Dear Mr. Kight and Ms. Leary:
By copy of North Carolina Department of Environment, Health and Natural
Resources letter to you of April 28, 1993, we have learned that State
authorization for you to excavate a canal through wetlands and place excavated
material in wetlands associated with construction of two roads adjacent to
Albemarle Sound, Camden Point Shores, Camden County, North Carolina, has been
denied. Under the administrative rules of our regulatory program, denial of
required State authorization precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is hereby
denied, without prejudice, acid ycu file haw !Deea retired.
By letter of March 5, 1993, we furnished you comments from the U.S. Fish
and Wildlife Service (USFWS) and the U.S. Environmental Protection Agency
(EPA). Additionally, we received unfavorable comments from the National
Marine Fisheries Service (NMFS) (copy enclosed). These Federal agencies'
reactions to your proposal is the result of anticipated significant adverse
impacts. I have provided these Federal agencies' comments to alert you to
concerns in addition to those identified in the State's denial letter. While
appealing the State permit is the next step in pursuing State authorization,
you should be aware that the Federal agencies' comments will be unchanged by
the outcome of that appeal. Because of the Federal agencies' influence on
Department of the Army permit decisions, it is unlikely a Department of the
Army permit would be available unless your project can be modified to lessen
its impacts.
Ms. Laura Fogo of my Washington Field Office staff is available to answer
any questions you may have or to assist you in developing a revised plan. She
may be reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
}a
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909

5
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 13 , 1993
Regulatory Branch
Action ID. 199302137
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
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i
Reference the application of Mr. C. Mark Russell for a Department of the
Army permit to renovate and expand dockage, including piers and dolphins, can
Bogue Sound, to provide facilities for a commerical paddleboat, Morehead City,
Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
C. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
states in the public interest.
d. Approval of the structure was based on determination that there would
be no obstruction to navigation. Under conditions existing in the Atlantic
Intracoastal Waterway (AIWW), a possibility exists that the structure may be
damaged by wave wash from passing vessels. Unreasonable slowing down of
vessel traffic cannot be required because it would tend to nullify the
navigational benefits on which the AIWW was justified. Issuance of this
permit should not be construed as relieving the permittee of taking proper
steps to insure the structure and moored boats will not be damaged by wave
wash normally to be expected in the AIWW.
w r S..
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e. If the display of lights and signals on the authorized structure
not otherwise provided for by law, such lights and signals as may be
prescribed by the U.S. Coast Guard will be installed and maintained by and at
the expense of the permittee.
f. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
,John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
SrAIZ
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary April 23, 1993 Director
Hillary M. Leary and
Ronald R. Kight
253 Neck Road
Shiloh, North Carolina 27974
Dear Ms. Leary and Mr. Kight:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act
Proposed canal and road construction
Project # 93104, COE'# 100301051
Camden County
On 16 April 1993, I issued Water Quality Certification
Number 2824 to Hillary Leary and Ronald Kight. A condition was
omitted from this Certification. The following is hereby added
to Certification Number 2824.
Condition Number 5. The crossing of the swamp shall be
culverted or otherwise designed to prevent the
restriction of, and to withstand, expected high
flows and tidal flows and the movement of aquatic
organisms.
If we can be of further assistance, please do not hesitate
to contact us.
Sincerely,
r .
-Preston Hower , Jr. P. E.
93104a.1tr (`.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington Regional Office DEM
Mr. John Parker, Division of Coastal Management
Mr. John Dorney q Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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US ARMY CCRPS CF ENGINEERS
wash!"' tun Regulatory Field Otficm
Post Office Sax 1000
Washington, North Carolina 27889-1000

TO FROM
NAME:
FAX VAX
TOTAL NUMBER OF PAGES (INCLUCING COVER SHEET):
REMARKS.' C A01-A ? "61
U.S. Army Carps flf Engineers
Wilmington District
f5c ule?l.u: y n1 c.al"Al
Post Office Box 1390
I l.: .-7----1 ?f- b - Knwn7 A^^A
U.S. Army Corps of Engineers
Asheville RQgulatory rield 04!'Fice
37 Battery Park Avenue
U.S. Army Carps of Engineers
Kaleign negulazory rieia urrice
11AIZ CM11G l 'r +Ito M zlob Art=A
Woke 1-orest, North Carolina 27M67
Y.gY wi?mirgton oiszric? - -
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?aago
February 17, 1993
F'roin: I-Tilary Leary and Ron K.ight
Camden roxnt Project
Action 1Y? 19y9301n5 i
Subject: provide additional informat.lolx fur Can'lc-1&11
point Fro j e,ct
Encl: Letter dated January 27, 1993 from Corps of
P,?,gineex`s
ect between Hilary Leary and Ronald
The joint Fx'ol owners. will minimize impact
Kight, adjoining Property
on tine envia v,?,???at•
The prupose1 Vi-03-% 'C f ?"_= cb ch?ap? ? will have
iA.s 1.-?.1-1f i.u,.Yiis.t psa,G? :x_sii ?C 1 1
disruptive than hauling 111i Ill VL lAcailc;ira?, x W?s+i??
tFigua`es WY e- ill the or ig ilxal a,PFliCatloL
into the
e n,n sal will not enter or empty
sound, thus hawing, no 1mpaCt on xne
This project is tl-ie only feasibland legal way to have
access to the Albermarle Sound.
ccl. WILI I'u-z v v .. rsr-.tiriage -that had been
This prof pro
?W
ititcr r-4 1JLi VIa kL
the area will??-?8 and the
Activity in
wholesale, slaurI%ior of the wildlife.
i?ra,(lTf?earb r%s4. t Of the -project will be
_-`, , .Lae ? ,V Y. '% ,.;. A rule s a?iu
?-_ ..: i-? ?ii? SAM?
procedures anc?% fas aiYYili nao a
ct plans were originated after thorough
thought
Froie F. _. _ ?. ?. n,?Y? estxons from
...? ..._? c~nrg A.nlzat10I13. SLIIZ C a 4aiYizs
COUIlLy `ori7rni?air?xi r?S anCl spea„iiai lti?..av?n 8 ?'
how to achieve results with .minimum impact 0][I L1xO
a.i c= tr• .
ScN72Y4.; Imingzon DI StriCt ; 3-!Q-b;i i 13.40 t uanvL_ I.v7, -,
This project will partially restore some of the potential
unc G£ t%0 1*,*_a. ?R`hA'C it tw-a m r' -rizi-nn11y ititended for.
Whi,-n Me land was first ?ux'c;1a s?cl, I -c c,,_A,4 --.-walk
through the vvoods to the beach and enjoy the natural
beach and swimming, but in the latter years
. __?.. ,zri r, u_ I" , " ? -1.Y-n r&l ....L? C - 0. -- &-- ?+a mot dG?2i?itiil?4V
that Y am proposing to correCL . fus concsirton SnOLLYc3
?YiCbYO t>CCX1 ZYiCS7t31tQr+ ? arT[1 TP.'V CS tzily vv rr-?..5 L? ?s?p'p'4'?cir? wsr3 up drainaee ditches. caved in bridges, etc.
1 1
?.on Kish
Copy- • North Carolina I)ivision of Environment-al
Management

ENCT.OSURE 1

NOV 1 6.92 ,
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APPLICANTS AND ADDRESSES
HILARY M. LEARY
253 NECK ROAD
SHILOH, N.C. 27974
RONALD R. KICHT
258 ONE MILL ROAD
SHILOH, N.C. 27974
SSN 237 60 7930
SSN 238 72 9415
rnr?rc,yrn cl,lahz• ooox0. nza-'.mot-Zn??
v,p xi?xaJVa?uLS t! •-v . • • • • • •.. ? nu. . n. .. ?
II?? z CONSTRUCT RAMP
EVENTS
q ?5nn_nn
$4'5000.00
wltm OOrrO O1? =D'?....!.!...• .. w.•a. A•v.. n.•v _¦i1'S. 'TT41-a T1y M•..S7Y?P'
J.W 11.: L' 2'aLVAVV •• •• v-J.sr?Yn 't llC G2+1101Jfi MY.f LD
l.V1VLUV111V1J A? JUNVE7 AJJV I'?f?Kilva??n 1JLGA.+a,L?a? a.rL' 'xaa•'- +.-------
PROJECT.
.A.. „?n nTAT..\Al,D Dfl?r+v4• 'L`!?'a T17L'
{?AV'1'?N'1_f,Fi'I:?Yh',llltlr•y:l•IIh*'I,F11rJ1 Ef_Dl?ti7_Vr• l.V_Liev..?i.a? .LYau 'Yn?ro
CONTACT THE LANDOWNERS AND CORRECT THIS PROBLEM.

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MEMORY TRANS REPORT
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( APR 28 '93 08: 54AM )
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Stag of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX NUMBER- 9 7?57 ' 139 9...
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NEW FILE REPORT
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( APR 28 '93 88:52AM )

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* REMAINING CALL CAPACITY 399
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO: -,7? W J 10, 70 C?o
FAX NUMBER: 9)9 - 975- - 1399
FROM:
PHONE: 1133 - //796
v
NUMBER OF PAGES, INCLUDING THE COVER SHEET:- 3.
4q. _
?Ty -.06 5 owwr v
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 16, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Hillary M. Leary and
Ronald R. Kight
253 Neck Road
Shiloh, North Carolina 27974
Dear Ms. Leary and Mr. Kight:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed canal and road construction
Project # 93104, COE # 199301051
Camden County
Attached hereto is a copy of Certification No. 2824 issued
to Hillary Leary and Ronald Kight dated April 16, 1993.
If we can be of further assistance, do not hesitate to
contact us.
since ely
6 U j
A. Preston.-lord, Jr. P . E .
93104.ltr
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington Regional Office
Mr. John Parker, Division of Coastal Management
Central Files
Mr. John Dorney
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
A
NORTH CAROLINA
Camden County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Camden County pursuant to an application filed on the 11th day
of February, 1993 to construct a canal and two parallel access
roads.
. The Application provides adequate assurance that the
discharge of fill material into wetlands adjacent to the waters
of Albemarle Sound in conjunction with the proposed development
in Camden County will not result in a violation of of applicable
Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the .
turbidity in the stream is 25 NTU's or less are not
considered significant).
2. Fill shall be from a clean upland source:
3. Fill shall not occupy more than 0.4 acres for a
joint road to be shared between the two lots.
This acreage allows a 15 foot wide road with 5
foot wide shoulders for 700 feet.
4. A canal is not permitted'by this Certification.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become.null and void unless the
above conditions are made conditions of the Federal Permit.
This the 16th day of April, 1993.
DIVISION OF PNVIRONMFYNTAL MANAGEMENT
/ Y
A. Preston Ho r " Jr. P.E.
WQC# 2824

MEM0,RANDUM PRINT NAMES:
Reviewer: 0AzS
TO: John Dorney WQ Supv.:
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM_CDA:
REG_OFFICE:
STREAM CLASS:
93 PERMIT NO: 0000104
MIGHT/LEARY
ACCESS ROAD
DCM
WARD RIVER_
WL_IMPACT?: YIN I Yv WL_TYPE:
WL_REQUESTED: i 0 .? ?_ REST?• YIN
WL SCORE(#): WATER IMPACTED BY FILL?: YIN
HYDRO CNECT?: YIN MITIGATION?: YIN
MITIGATION-TYPE: MITIGATION-SIZE:
IS WETLAND RATING SHEET ATTACHED?: YIN
COMMENTS:
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY

COUNTY: CAMDEN
PERMIT-TYPE: CAMA
DOT-#:
DATE 'RM_ 02/01/93
1 SU BA N # :
cc: Regional Office
Central Files

°? D
P,C4.
DIVISION OF COASTAL MANAGEMENT
.• FIELD INVESTIGATION REPORT
( 1. APPLICANT'S NAME: Ron Kight and Hilary Leary
2. LOCATION OF PROJECT SITE: Camden Point Shores, Camden County 0.85 miles past end of
canal adjacent to Albemarle Sound.
Photo Index - 1989: 4 7-12 J-15 1984: 124-726 1-6
State Plane Coordinates - X: 2906600 Y: 893100
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/16/92 01/14/93
Was Applicant Present - No No
5.
6
PROCESSING PROCEDURE: Application Received - December 28, 1992
Office - Elizabeth City
SITE DESCRIPTION:
(A) Local Land Use Plan - Camden County D d
Land Classification From LUP - Rural Residential
(B) AEC(s) Involved: ES 1993
(C) Water Dependent: No
(D) Intended Use: Private WETLANDS GROUP
(E) Wastewater Treatment: Existing - None _,,w WATER UAUTY SECTI?
Planned -None
(F) Type of Structures: Existing - None
Planned - Construction of road and drainage ditches
(G) Estimated Annual Rate of Er^.!=c,n: 9?
Source Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED. FILLED
? IF
OTHER
(A) Vegetated Wetlands 14,000 sq. ft. 35,000 sq.ft.
Wooded wetland
(B) Non-Vegetated Wetlands
(C) Other
(D) Total Area Disturbed: 49,000 sq. ft. (1.1 acre)
(F) Primary Nursery Area: No
(F) Water Classification: N/A Open: No
8. PROJECT SUMMARY: Applicants propose to dredge and fill 1.1 acre of wooded wetland swamp to
provide 2 roads and a canal for access to Albemarle Sound.
FEB-03-1993 10:46 FRUN EHNR IJHSH KLb urr lUt u
•ti? rr. a
Uepa
James B. Hunt, Jr.,
MEMORANDUM
1717 i JJ1 J.J0 r- Ul=
{
dw.44
.13 0
-{ .
State of North Carolina
nent of Environment, Health, and Natural Resources
512 North Salisbury Strcet • Ralcigh, North Carolina 27604
ar Jonathan R Howes, Secretary
TO: REVIEW AGENCIES
FROM: DAVID R. GRIFFIN
SUBJECT: KI T/LEARX LAMA PERMIT APPLICATION
DATE: FE UARX 2, 1993
Please attac the enclosed plat to the LAMA permit application of
Kight/Leary $(amden County) recently circulated four review. It was
omitted from he original review package. Thank you.

r7
P.O. ryx 276R7, Ralcigh, North C.amlina 27611-7687 Tclcph,)nc 919.733.4984 11ox # 919.733-0513
A,, Fquai Opporttaiity A(Armativc &-d on Empl(reff

TOTAL P.02
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DATE:
Pre
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From:
'74'
c STATE Q„
North Carolina Department of
Health, and Natural Resources
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Environment,
Vv v(? Printed on Recycled Paper
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
1 ry
I f
P tt?; ,
TELECOPY TO:
FAR NUMBER:
FROM:- ???'? PHON PHONE 6L
NUMBER OF PAGES, INCLUDING THE COVER SHEET:

TRANSMISSION REPORT
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( APR 23 '93 12:41PM )
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r ".-
• DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ron Kight and Hilary Leary
2. LOCATION OF PROJECT SITE: Camden Point Shores, Camden County 0.85 miles past end of
canal adjacent to Albemarle Sound.
Photo Index - 1989: 4 7-12 J-15 1984: 124-726 1-6
State Plane Coordinates - X: 2906600 Y: 893100
7
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/16/92 01/14/93
Was Applicant Present - No No
PROCESSING PROCEDURE: Application Received - December 28, 1992
Office - Elizabeth City
SITE DESCRIPTION:
(A) Local Land Use Plan - Camden County D [ d
Land Classification From LUP - Rural Residential
(B) AEC(s) Involved: ES FEB - 1993
(C) Water Dependent: No
(D) Intended Use: Private WETLANDS GROUP
(E) Wastewater Treatment: Existing - None _ WATER QUALITY SECTu
Planned - None
(F) Type of Structures: Existing - None
Planned - Construction of road and drainage ditches
(G) Estimated Annual Rate of .3'
Source - Applicant
HABITAT DESCRIPTION: [AREA]
DREDGED. FILLED
(A) Vegetated Wetlands 14,000 sq. ft. 35,000. sq. ft.
Wooded wetland
3.
4.
5.
6.
INVESTIGATION TYPE: CAMA/D&F
f j
F
OTHER
(B) Non-Vegetated Wetlands
(C) Other
8
(D) Total Area Disturbed: 49,000 sq. ft. (1.1 acre)
(E) Primary Nursery Area: No
(F) Water Classification: N/A Open: No
PROJECT SUMMARY: Applicants propose to dredge and fill 1.1 acre of wooded wetland swamp to
provide 2 roads and a canal for access to Albemarle Sound.

Ron Kight and Hilary Leary
Bio Report
Page Two
SITE DESCRIPTION
The site is located near the tip of Camden county. in an
undeveloped section of Camden Point Shores and is accessible by
Boat and off road vehicle. Existing interior plant canopy include
over.story species of Liquidambar styraciflua (Sweet Gum), Acer
rubrum (Red Maple), Taxodium distichum (Bald Cypress), Pinus
seratina (Pond Pine) and Pinus taeda (Loblolly Pine). The
understory species include Myrica cerifera (Wax Myrtle) and
Magnolia virginiana (Sweet Bay Magnolia). Plant species along the
estuarine shoreline include Spatina patens (Saltmeadow Cordgrass),
Magnolia virginiana (Sweet Bay Magnolia), Myrica cerifera (wax
Myrtle), P. taeda (Loblolly Pine) and T. distichum (Bald Cypress).
The area is inhabited by small game including Procyon lotor
(raccoon), Mustela vison (mink), and Felis rufus (bobcat) as well
as water fowl and birds of prey.
The applicant proposes to construct a.30 foot wide drainage
canal and two access roads from the raised road grade adjacent
their property, along their property line toward the Albemarle
Sound. The proposed canal would not connect to estuarine waters.
A portion of this proposed development would be within the
Estuarine Shoreline AEC. This proposed development would also
occur in wooded wetlands. This proposed development would inclt,??de
`-hE hedging and filling of appr,' ",iateiy 49,'000' ,q. t. of waot ec?
swamp.
This proposed development would include a 700 ft. long and 30
ft. wide drainage canal and two 700 ft. by 20 ft. roads. Material
dredged from the proposed canal would be used as fill to make the
road beds. This development would directly impact 1.1 acres of
wooded wetland swamp. This proposed development would stop 40 ft.
from Estuarine Waters and impact 2450 sq. ft. of the Estuarine
Shoreline AEC. This proposed development would not directly access
Estuarine or Public Trust Waters.
ANTICIPATED IMPACTS
Currently the only access to the site is either by direct
water access from the Albemarle Sound or by vehicle 0.85 miles
along the existing Sailboat Road right of way. This portion of
Sailboat Road is a grassed road bed which was constructed from
dredge material cut from the present ditch which runs parallel
along the road grade. No other development exists on these
properties. The Camden. Point Association maintained dirt road
stops approximately 0.85 miles from the proposed development site.
The proposed development would include dredging and filling of 1.1
f

Ron Kight and Hilary Leary
Bio Report
Page Three
Acres of wooded wetland and would impact 2450 sq. ft. of the
Estuarine Shoreline AEC. This proposed development would not
directly impact or significantly increase access to Estuarine
Waters or Public Trust Waters.
CAMA Review
LAMA review will be forwarded at a later date.
Submitted by: Dennis W. Hawthorn
Date: January 21, 1993

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1 APPLICANT' - - ::
a. Name
Address N nOA
City 5/m? - State
Zip ? 7V Day phone PoN -396 _? 77 /
_? Landowner or Authorized agent
b. Project name (if any,
c. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
pj-::, R019
b. City 'lLDN town, c IY ' u tAt o] andmar k7
County AT/"AYH" .
d. Is proposed work within city limits or planning
jurisdiction?
e. Name of body of water nearest project
li>
iQLRIA?L ?1?1
3 DESCRIPTION AND PLANNED
: USE OF PROPOSED PROJECT
Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
?hadi i? K
?i A ("Pmi91. To
0 2 N,?-nY? a!?
/P S plw 500A-)p
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? lp ?U
c. Will the project be for community, private, or
commercial use?
d. Describe the planned use of the Project_
4 .'LAND . AND WATER :`NOrF
CTERIS'TICS
CHARA
a. Size of entire tract
b. Size of individual lot(s)
C. Elevation of tract above mean sea level or N -
tional Geodetic Vertical Datums -
d. Sol 5p s and t???e s) of tract
14
e. V e ??tttation on tract
A.Y/lV?
f. Man-made features now on tract ?-----
g. What is the CA ?? L `? hes i Pal l an leica-
tion of the site? .
plan.)
Conservation _ Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
F. w are adjacem fate I. classified? --
j. Has a professional archaeological survey been
carried out for the tract?
If so, by whom?
5 UPLAND DEVELO
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
1""IM"at nr rOnfrons.
g, last the matenats, sucn as Mari, paver stone,
. asphalt, or coherete, to be used for paved v.
surfaces. C.
d.
h. If applicable, has a stormwater management
plan been submitted to the Division of En- e.
vironttiental Manag&hEnt? ' f.
1. Describe proposed se%O:I#e disposal and/or waste g.
water treatmtnt facilities.
h.
J. Have theses facilities received state or local
approvall
k. Describe existing treatment facilities. i.
I. Describe location and type of discharges to
waters of the state (for example;, surface runoff, ?C.
sanitary wastewater, industrial/commercial
effluent, or "wash down"). (.
M.

n.
m. Water supply source o.
n. If the project is oceanfront development,
describe the steps that will be taken to main- p.
tain established public beach accessways or pro- q.
vide new access.
o. If the project is on the oceanfront, what will
e1ev1tion,abm,# mR^n se . level of the
fig„ a ,bitab(t floort
t%mount .Or material to oc CACavarcu iulll
belo* waset lr+rel lti Cubic yard)
Type bf ftiatttial 4 Cl47_
DoiA the atea td ba txt dvited Ihclude marsh=
land, lwatiip3; bt other wetlands! N,0
High ground Eitcavatioh, In cubic ards
X ma
Dimenslohs bf 3j5oil dispbtal area ,
Location of spoil d isp sa????/V k290
91 ZEE or 7ME
Do you claim title to th6 disposal area? Yr,S
if not, attach a Witt granting p@r fission from
the owner.
Will a disposal area be available for future
maintenance? I r
If so, where? AP ?k?kA?7
Does the disposal area Ihclude any marshland,
swamdland,'or water areas? AV
Will the fill matej* I be placed below mean
high water?
Amount of fill in cubic yards 1VO
Type of fill material 19 a Cl-*
Source of fill material 1VRkK1,91- -Poll _
Will fill material be placed on tnatsh of other
wetlands! Pa
Dirrtensiohs of the wetland to be filled M-At-
How will excavated or fill mitetial be kept on
??0??? L
site and erosion controlled?
,.a rr /)VG
r. What type of construction equipment will be
used (for exampt.. _arag!;ne, backl- e.`', -
hydraulic dredge)' s7W?96t-/ ?
6 EXCAVATION AND FILL S.
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
0'
Boat baiin
Othet (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Will wetlands be crossed in transporting equip-
ment to the project site? if yes, explain
the steps that will be taken to lessen en-
vironnteritai Impacts.
7 StIOItIELINE STABILIZATION
a. Length of bulkhead of tiprap
b. Average distance watetward of mean high water
or normal water level
c. Shoreline erosion during preceding' 12 months,
in feet
Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2
g. Ll3t Ene mmenats, sucn a3 man, paver nune,
asphalt, of cohcrete, to be used lot ptived U. rIMU nl v1 nlaaci iai lv uc cAl. a V C Mcu { V.«
belo* Watet lriei iti t:ubic yatd3 1
surfacts. c. Type bf flHdtEtial n 4 C/__*7-
d. Doti tht on td be excdvtftd ihelude marsh=
h. If applicable, has a stormwatet management land, 3tvmpt; of other Wttlands? N0
plan been submitted to the Division of En- e. High gtotlnd tiicavatioti, In cubic arils
vironttiental Manag&htnt? f. D{mEtrslohs bf spoil disposal atea ,X 79
i. Describe propostd se*:Ige disposal and/or waste g. Location of OF disposal Brea b ,EA4t!
VV ( '
WW
O
water tteatttiettt facilities. Z
I
-
ck/ Dr
h. Do you claim title to tht disposal area? Yr-S
J. Havt tho!i6 facilities received state or local if not, attach a letttt granting petrnission from
approval? the ownEt.
k. Describe existing treatment facilities. i. Will a disposal area be available for future
maititenancE?? y
If so, where? CP
j. Does the disposal area ihclude any marshland,
1. Describe location and type of discharges to swatnoland,'or wasti areas? AV
waters of the state (for example,, surface runoff, k. Will the fill mate!' I be placed below mean
sanitary wastewattr, {ndustriaUcommercial high water? NN
effluent, or "wash down"). 1. Amount of fill in cubic yards- VVD
m. Type of fill material 4' 6G-
n. Source of fill material `IpiA -W14
m. Water supply source o. Will fill material be placed oil marsh of other
n. If the project is oceanfront development, wetlands! Iva
describe the steps that will be taken to main- p. Dimensiohs of the wetland to be filled AV-
tain established public beach accessways or pro- q. How will excavated or fill ttiatetial'be kept on
vide new access. site and erosion controlled?

o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above m..can sea level of the . used (for Cxamnle, dragline, backhc?
first habitabI6 floort hydraulic dredge)?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
D'
Boat basin
Othet (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland br below
MHW
Upland fill
areas
s. Will wetivids be crossed in transporting equip-
ment to the project site? W If yes,. explain
the steps that will be taken to lessen en-
vironmeritdl impacts.
7 StlO fttLINE STABILIZATION
a. Length of bulkhead of tiptap
b. Average distance waterward of Mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Tyo of bulkhe- d material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2

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• VROAIBUFD/ ? REfUGE 34 o O .
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C .U (? ?? !+?: 1 \ 1 00 ?rvrr?in?rrrr?rv?o
Shawboro Maple v
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70 67 U `??
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'Wade Pt. ? 7 1 ? kk
I' t V 66
3 Mani 5 69
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pot) o Shot s 54
Pt. C?7 16 s, Harbinger SE ROANOKE ISLAND Y7
?f/yt 15 F. INS AP FOR DETAILS '3 r4 '
Point of60r \ 1106 ,? 61 ?:!1y?:1
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To: John Dorney
Planning Branch
• DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # WQ SUPERVISOR: THO E /
REVIEWER: SAWYER DATE:
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO. COUNTY:
PROJECT NAME. /e PERMIT TYPE: AM?COE 2
CoE #: ? DoT #: •? ?S'
RCD FROM CDA: DCM DATE FROM CDA: a 3 13
REG OFFICE: WaRO RIVER AND BASIN 1 145 S' 3
3
STREAM SR ADJACENT WATER BODY:
CLASS. r3 STREAM INDEX #: 3 b
OPEN OR CLO ED:
WL IMPACT: WL TYPE: ?3LN
WL RE,QUES 1114r- WL ACR EST:
HYDRO CNECT?. WL SCORE: ?S'- S'
MITIGATION: r2 MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTA
RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD
STORMWATER PLAN REQ'D• IF YES, IIATE APPROVED:4,,? 6a4
PROJECT DESCRIPTION: Q'd, l Q ?P
WATER QUALITY CERT. (01)
CERT. REQ'D:
IF YES, TYPE :
SEWAGE DISPOSAL ,/ `"
TYPE OF DISPOSAL PROPOSED: /YUr-p
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL 2
AREA OF FILL: WATER: - - WETLAND: 35,-o oo?
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED : llt,' o o O 1'15t-
IS DREDGING ACTIVITY EXPECTED TSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: fi,? MARINA SERVICES:
OXYGEN IN BASIN: ? 1(/ ALLIURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
Ar
C?a cA-mPr
DIVISION OF ENVIRONMENTAL MANAGEMENT
1 March 1993
MEMORANDUM
TO: John Dorney
Wetlands and Technical Review Group

THRU: Jim Mulligan
Regional Supervisor
Washington Regional Office
THRU: Roger K. Thorpe /;/c
Water Quality Supervisor
Washington Regional Offic
FROM:
ar10?-? k-?-? c('? --
Deborah Sawyer
Environmental Technician
Washington Regional Office
SUBJ: CAMA Application Review
Project #93-020-C
Kight/Leary
Camden County
The above subject CAMA application has been reviewed by this office.
The proposed project is to dredge a 700 ft long, 30 ft wide drainage canal to
a depth of -10 ft and to construct two (2) 740 ft long roadbeds to access the
shoreline of the property. The only upland (highground) is adjacent to the
shoreline and ranges in width from between 1 ft and 8 ft. The applicant
cannot get a building permit to construct a residence. The applicant wishes
to access the shoreline via the roadbed for recreational activities.
I spoke to the applicant on 10 February 1993 to address questions this
office had concerning his project. The first question addressed was how the
applicant proposed drainage from a canal which was closed at both ends. The
applicant stated that he planned to install a pipe from the canal, under the
existing roadway, and discharge to the canal adjacent the existing roadway.
At the time of the inspection; 2 February 1993; the existing canal was covered
with duck weed and exhibited stagnant conditions.
The second question addressed was why the roadbeds did not connect to
the upland along the shoreline. The applicant stated that his application was
in error; the roadbeds were to connect both the existing roadway and the
upland along the shoreline. I asked the applicant if he would consider
reducing the impacts by agreeing to a 60 ft by 30 ft parking pad for four (4)
r
MEMORANDUM
Page 2
1 March 1993
cars adjacent the existing roadway and a wooden walkway to access the
shoreline. He stated to me that the construction of the wooden walkway would
be too costly a proposal. He further stated that he had read in the newspaper
that there is a court case in South Carolina which will decide if the State
will reimburse the value of the land to an applicant if the proposed project
of the applicant is denied a permit. Mr. Leary relayed to me that if his
application is denied a permit, he may consider pursuing a similar avenue of
action in order to receive restitution for his loss of access to his property.
I informed the applicant that the Regional Office recommendation would be that
the impacts to wetlands and waters of the state were too great and that an
alternative, such as a wooden walkway access, would be recommended for this
pro 'ect .
This office rated the wetlands (third draft) and calculated a rating of
75.50. This high a value wetland would receive a recommendation of an
al rnative to the proposal which would minimize the impacts (see attached
rawing). It would be further recommended that the 700 ft by 30 ft by -10 ft
canal which would be connected via a drainage pipe to an existing stagnant
canal would further cause adverse concerns of stagnant water conditions.
It is the recommendation of this office to deny the Section 401 Water
Quality Certification for this project, due to the non-acceptability of the
applicant to an alternative with less impacts, and approval with conditions
would not be recommended. If you have any questions or comments, please call.
Thank you.

DIVISION OF ENVI ONME TAL MANAGEMENT
MEMORANDUM
' TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project:
Project No.: / 3 ---0_2.O
Date Received: P 40Ld-
; nA t Date Comment :
Description of Project:

sew. A?r?ed
Comments:
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 8, 1993
Regulatory Branch
Action ID. 199301051
Mr. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina
Dear Mr. Dorney:
Management
of
27626-0535
?31oq
Enclosed is the application of Mr. Ronald R. Kight and Ms. Hilary M. Leary
for Department of the Army authorization and a State Water Quality
Certification to excavate a canal through wetlands and place excavated
material in wetlands associated with road construction on Albemarle Sound,
Camden Point Shores, Camden County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by April 8, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Ms. Laura Fogo, Washington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. ne Wri t
Chie , Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909

14aLl
Please type or print. Carefully describe all an-
ticipated development activities, including conscrua
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1.MPLICANT --.
a?
a. Name
Address l O
sall?fl Stat 10,111
1
City e 19,1 -396 -1771
Zip ?-_J D# phone
>/ Landowner or - Authorized agent
b. Project name (if any.
C. If the applicant is not the landowner, also give
the owner's name and address*
2 LOCATION OF PROPOSED
PROJECT
a. Street address secondary road number
-.5 0 b. City, town, communi? , or landmark
:S 14
c. County
d. Is proposed work within city limits or planning
jurisdiction? y5?6
project
e. Name of body of water nearest
3 DESCRIPTION AND PLANNED
-'..-.USE OF. PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
o Z In y 4 hrr
n ? v is s v? ?
o r?• ?
if you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? k?
c. Will the project be for community, private, or
commercial use?
d. Describe the planned use of the project.
S T
=NO. _ ,t
LAND :AND WATER
TICS
.5 x ..
a. Size of entire tract
?`S
b. Size of individual lot(s) („n?a?:Sd
c. Elevation of tract above mean sea?level or Na-
tional Geodetic Vertical Datum f ?qHy r
d. So17e s anc yture s) of tract
!?DnD
e. Ve tation ?Mtract
A?UTA
f. Man-made features now on tract
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) _ Transitional
Conservation -Community
Developed
Rural ether
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract?
If so, by whom?
5 UPLAND DEWLO. .,.M.., "
Y 7? .
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
-----------------------
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded of disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
List the Materials. such as mart, paver stone,
asphalt, of coht-teie4 td be used fot- pdvtd
saifacts. '
h. If applicable, has a stotiti*atei management
plan been submitted td the Division of En.
vironmental IvlanagetfiEnt! '
i. Describe proposed sewage disposal and/ot waste
VW& tredttritnt facilities.
j. Have these facilities received state or local
approvali?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to
waters of the state (fot example,- surface runoff,
sanitary wastewatei, industriat/commercial
effluent, or "wash down").
m. Watet Supply source
n. If the project is oceanfront development.
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitdble floor!
6 EXCAVATION AND FILL
INFORMATION
d. Describe below the purpose of proposed excdva-
tion or fill activities (excluding bulkheads,
which are covered In Section 7).
l.Engih Width Depth
Access channel
(MLW) or (NWL)
o'
Boat basin
Othtt (break.
water. pier,
boat tamp,
cock jetty)
Fill placed in
wetland or below
MHW
s;
Upland fill
areas
b. ^mount or matertat to oe excavaxcu um
belo* watEt lei?el lit titbit WIM slig
c. Type bf f dtettal ?sAmp 4 C!-?Y
d. Doi the tied td be eitcoOtd iticlade tnarsh=
rand. tw?Illp3? of other Wl:tldndsi NO
e. High ground ft::kVatioti, in cubic yards 42" -
T
f. Dimbnslohs of §NlI disposal tires I X W.,
g. Location of spoil disposal drew JQP 0296fl
S/ Lit of 7'VE CAL GAIL
h. Do you claim title to the disposal drea?..Y&S
If not, attach a letttt granting permission from
the own*t.
1. Will a dli poiil area be dvdilable for fdttire
mairitenand?
If so, where? CP LOPk0 ? e
J. Does the disposal ated ihclude any marshland,
swatndland: of canter areas! AV
L Will the fill tnatef 'I be olaced below mean
high wattt! N
1. Amount of fill in cubic yards 1-
m. Type of fill material AA Cl C?-It
n. Source of fill material
o. Will fill material be placed oil hiatsh of other
wetlands! -A9
p. Dimensiohs of the wetland to be filled AVAAE?_
q. How will excavated or fill tndtttial be kept on
site and erosion conttolled! (,V_MM0A -A
„Z2!ar., iA/G
r. What 'type of construction equipment will be
used (fot Example, dragline, backhoe, of
hydraulic dtedge)f14fQL-/A??
s. Will wetldhds be ctossed in transpotting equip-
ment to the project sitefP_0_- If yes, explain
the steps that will be taken , to lessen en-
virontrietitdl lmpacti.
7 S140AWNE STABILIZATION
a. Length of. bulkhedd of tiprap
b. Average distance *ii6t*atd of mean high water
or normal watei level
c. Shoreline erosion during preceding 11 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to bti placed
below mean high water
f. Type of fill material
2

JADDITIONAIw.. 0RMATION
A list of prei+ioug state or federal permits issued
for work on the project tract. Include permit
numbers, petttiittee, and issuing dates.
In addition to the completed application form, the
following items must be submitted:
A topy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
A check for $100 made payable to the, Depart-
ment of Natural Resources and Commuriity92
Development to cover the costs of processing t
application. L...•t
El:aWth M
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 lh x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0103 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A storrawater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-119(d).
Name )
Address
Name T9ehv G, BAK1-1P
Name
Address
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERWIS"
yy
SION TO ENTER ON LAND'-;`_'
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the ?L day of?/I/??C? ,
19?.
)_ ?, Lando"er or Auth? oz&l agent
Send the completed application materials to the
Division of Coastal Management mice nearest you
and the U.S. "Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3

ENCLOSURE 1
APPLICANTS AND ADDRESSES
HILARY M. LEARY
253 NECK ROAD
SHILOH, N.C. 27974 SSN 237 60 7930
RONALD R. KIGHT
258 ONE MILL ROAD
SHILOH, N.C. 27974 SSN 238 72 9415
COSTS
PROPOSED CANAL COSTS, DRAGLINE $ 2500.00
OR ALTERNATIVES: ! HAULING IN FILL $30000.00
z CONSTRUCT RAMP $45000.00
EVENTS
THE CORPS OF ENGINEERS HAVE ALREADY VISITED THE SITE'
TWICE ALONG WITH A CMAA RERESENTATIVE THE SECOND TIME,
CONDUCTING A SURVEY AND MAKING A DRAWING OF THE PROPOSED
PROJECT.
POINTS OF INTEREST
THE POINT SUB-DIVISION HAS HAD DRAINAGE BLOCKS FOR THE
PAST EIGHT YEARS, THE LATEST A BRIDGE COLLAPSED TWO YEARS
AGO: COMPLETING BLOCKING THE DRAINAGE CANAL. I INTEND TO
CONTACT THE LANDOWNERS AND CORRECT THIS PROBLEM.
NOV 16 '92
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eterttly Corolla Cunimck Beach Lighthouse
COAST GU RD STA I •' lv ?, p = ' ?`g 1 z
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g ; `. /stA?d n?a 47 C
j ) .•.Wanch so ,2
?c srArr 4 RECEIVI {:
??••'?' V1A31HING 14 UFFICE
To'
•?QWM N?• L'i 1.-- Ivt•
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street 9 Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
21 January 1993
MEMORANDUM
TO: Mr. A. Preston Howard, Acting Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Jonathan R Howes, Secretary
Applicant: Ron Kight and Hilary Leary
Project Location: Camden Point Shores, Camden County 0.85 miles past end of canal adjacent to
Albemarle Sound
Proposed Project: Dredge and fill 1.1 acre of wooded wetland swamp to provide 2 roads and a canal
access to Albemarle Sound
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 11, 1993. If you have any questions regarding the proposed project, please contact Dennis
W. Hawthorn at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
inc rated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax M 919-733-0513
An Equal Opportunity Affirmative Action Employer

7, 1993
State of North Carolina
Department of Environment, Health
And Natural Resources
Mr. John R. Dorney
Subject: Additional Information for Dem Project #93104
(En.cl 1) Letter March 4, 1993, from Department of Environment
(Encl 2) Supreme Court Decision
(Encl 3) Previously submitted additional information
(Encl 4) Hot lines for cutting government waste
Costs
Costs for digging canal and using fill for a road each on Leary and Kight
property is $2,500 and we have recieved a bid for this amount.
Alternatives (1) Hauling in fill for the project $30,000
(2) Construct 10 ff. wide salt treated ramp $45,000
The alternatives are not financially feasible.
Points of Interest
The Camden Point Sub-division has had extensive draining blockages for
the past twenty or more years, the latest a bridge collapsed three years ago
completely blocking all drainage. I intend to contact landowners and correct
this problem.
I find it hard to believe that this proposed project is of such a critical nature;
when I see all kinds of projects being implemented every day that are very
significant. For instance, on this very day of March 17, 1993, pilings are
being driven in water for houses and condominiums on US-158 at the foot of
the East side of Camden Bridge on the Pasquotank River. We are asking for
a simple access to the water and will not enter or damage the shoreline or
Albermarle Sound.

The project will benefit the area and restore some of the natural drainage
that was present when I purchased the property and also eliminate blockage
and stagnant conditions that have occurred over the years since I purchased
the property.
I would like to emphasize denial of my application would be an
unconstitutional "taking"already addressed and ruled on by the Supreme
Court in July 1992 (Encl 2). I purchased this land for its access to the
Alberm.arle Sound and it was dry and not classified as wetland,
but due to drainage blockages and lack of monitoring by the responsible
agencies; it is now classified wet. The criteria was established to protect
wetland sand and not to create wetlands at the property owners expense.
I received your request for more information at the same time I received a
similar request from. the Army Corps of Engineers to coordinate my response
through their agency, but you are requesting a direct response. These are
conflicting requests and should be coordinated.
There are various inaccuracies in the reports on reviews sent to the Corps of
Engineers and should be corrected.
In the future, please correspond strictly by memo, on February 4, 1993. Ms.
Sawyer called my place of work and my assistant thought it was an
emergency and I was called from a very important meeting to return a call to
discuss Ms. Sawyer's displeasure with my project, which accomplished
nothing but an inconvenience for me and provided no documentation
for future reference in case of legal action.
You will find additional information. that was recently submitted to the
Army Corps of Engineers and N. C. Division of Environmental Management
in (Enc13).
I think this process and overlapping of duties is a prime candidate for
President Clin:ton's (.iovernment Waste Program (Encl 3).
Thanks for the additional review and please give every consideration to our
simple request and proposal.
Your's sincerely,
il lary L ary
rPm - P-a- ,Donald Copy: Army Corps of Engineers
Keith Teague; Attorney

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan Q Howes, Secretary
March 4, 1993
Hillary M. Leary and
Ronald R. Kight
253 Neck Road
Shiloh, North Carolina 27974
Dear Ms. Leary and Mr. Kight:
Subject: DEM Project # 93104
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 1.1 acres of wetlands at Camden Point
Shores in Camden County for canal construction of roads. Based on this
review, we have identified significant uses which would be removed by this
project. These la e wildlife habitat, water storage and pollutant removal.
Furthermore, evidence is present in our files to conclude that
, ,
your project must'be built as designed. Therefore, we are moving toward
denial of your 401 Certification. Until we receive this information, we are
requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and/or the N.C. Division of Coastal Management place your project on
administrative hold.
Please provide us with information supporting your position that your
project must be constructed as designed in wetlands. Specifically can you
construct your access utilizing a parking pad with wooden boardwalk or a
single narrow road to the Sound? Any documentation such as costs, maps and
narrative which you can supply to address practicable alternatives may be
helpful in our review of your 401 Certification. Please respond within two
weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
(2t(Lak-)/ ? IL?i c -
John R. Dorney
JRD/kls
Wetfill.ltr
cc: Washington Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687
Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
co?wc/- r
.A8 THE VIRGINIAN-PILOT TUESDAY, JULY 7, 1992
EDIT
?hevirginian ?Jilot
Frank Batten Jr.
President and Publisher
Sandra Mims Rowe
Executive Editor and Vice President
William H. Wood
Editorial Page Editor
Cole C. Campbell
Managing Editor
A REASONABLE RULING PROTECTING PROPERTY RIGHTS
Unconstitutional `taking'
Aft n the same day that a divided U.S.
ME 112
Supreme Court upheld women's
lav right to abortion, it also upheld by a
lopsided majority some property owners'
right to compensation from the public
treasury when governmental regulation to-
tally destroys the conomic value of their
real estate. The ruling - which has impli-
cations for much environmental regula-
tion, including that involving wetlands -
pains environmentalists.
Specifically, the high court ruled that
South Carolina environmental-protection
regulations barring construction of two
houses on beachfront land - for which a
developer had paid $975,000 - constituted
a "taking" for an ill-defined public pur-
pose, for which the state is obliged by the
Fifth Amendment to justly compensate the
owner.
The South Carolina trial court had said
much the same when it agreed with build-
er David Lucas that the two beachfront
lots, which he bought in 1986, were ren-
dered worthless by a 1988 state law en-
acted to protect coastal land from erosion.
The state drew a line along the coast that
placed beachfront to the east off limits to
development.
That too much coastline has been ruin-
ously developed - accelerating erosion,
boosting storm damage, eliminating vital
wetlands, increasing pollution - is clear.
Acquisition of undeveloped coastal land by
federal, state and local governments and
private-sector foundations, governmental
restrictions on coastal development and
flood-insurance reform are all appropriate
ways of limiting harm to the environment
and property owners.
But erasing entirely -with the stroke of
a pen - the financial value of real estate
without compensating owners is a callous
abuse of power.
Government provides just compensation
for property taken for many public pur-
poses to create military installations,
airports, roads, parks and the like. It need
not compensate owners whose investment
is diminished to some degree by regula-
tion. But in the South Carolina case, state
regulation after the lots were purchased in
the reasonable expectation they could be
developed under state law reduced their
value to zero. That's a "taking" demanding
compensation.
The South Carolina Supreme Court
didn't think so; it overruled the trial court.
The U.S. Supreme Court says the state
supreme court misread the U.S. Constitu-
tion and that South Carolina must pay Mr.
Lucas $1.2 million. We emphatically agree.
CONVENTION AT VIRGINIA BEACH? _7N? a?
Yes, invite TaRhook to tow
Whether the Tailhook Association Las Vegas last year. Their inexcusable be-
will hold a convention next year is havior has cost a Navy 'secretary his job,
a question. Whether it would then and ought to cost them their own. Hence-
meet in Virginia Beach is also a question, forth, expect Tailhooker conventioneers to
0199L so
Giu(
Your editor
(June 27) did'
complicated i
tioned that in
extracurricul
highly with sti
according to a
cation report;
end up 10 per(;
ly than the res
As a matter'
comparisons a'
meaningless, n
achieve more t
the history of
only two great)
J. Robert Opp(
in school.
Leafe got
I can speak f
when recogniziu.
Leafe for his ri
particularly the,
terside Marriott
Quite frankly,
leadership, sen
done attitude, G.
have been built

February 17, 1993
To: Corps of E' ngii1eers
From: Hilary .Leary and Ron Kigllt
Camden Point Project
Action III 199301051
Subject: Provide additional inforniation for Camden
Point Project
Encl: Letter dated January 27, 1993 from Corps of
Engineers
The joint project between Hilary Leary and :Ronald
Kight, adjoining property owners, will n-linimize inlpact
on the en?ri onnient.
The proposed project of canal and roadbeds will have
the least impact and will be Much cheaper and
disruptive than hauliilg fill in or building ramps.
(Figures are in the original application)
The proposes] canal will not enter or empty into the
sound, thus having no impact oil the Alberillarle Sound.
This project is the only feasible and legal way to have
access to the Albermarle Sound.
This project will restore natural ciraiilage that had been
altered in the past years.
Activity in the area will alter drug operations and the
wholesale slaughter of the wildlife.
The planned excavation part of the project. will be
utilizing a person familiar with CANIA rules 1111d
procedures and has had recent checks for conlpliailce.
Project plains were originated after t11oroL1g11 thought
and investigation input and suggestions from file
various orgarli atloilS, Su1-1-ou11cli11g 131-013e1-ty ()wllel-s.
county con-unissioners gild special interest groups Oil
hove to achieve results with 1131n1111L1111 illlpaCt o11 the
area.

This Project will partially restore sonie of the potential
use of the land, what it was originally intended for.
When the land was first purchased. I could walk
through the woods to the beach and eiijoy lying on (fie
beach and swimming, but. ill (lie latter years (lie llatUral
drainage has been altered creating a very wet condition
that I am proposing to correct-This condition sliould
have been monitored and never- allowed tc7 happen,
stopped up drainage ditches, caved in bridges, etc.
lilary .easy
"2- OZ /-q3
I -()ri Kight
Copy: North Carolina Division of Environmental
Management

Clinton: Press 1 to report fraud
By Adam Nagourney
and John Hillkirk
USA TODAY
President Clinton today will
announce a government-wide
-performance review" - in-
cluding toll-free numbers to re-
port waste and fraud.
The hot lines are ready for
what the administration -ex-
pects will be a flood of tips -
mostly from federal workers,
but also from the public.
Many of the numbers were
available for the same reason
from previous administrations,
i
i
but barely used.
A call to the Federal Deposit
Insurance Corp. got this: "If
you are calling our special hot
line to report potential fraud,
waste, abuse or wrongdoing,
please press l."
The operation will be head-
ed by Vice President Gore,
who will join Clinton for today's
announcement.
The hot lines will be devoted
to "reinventing government," a
phrase Clinton used in the cam-
paign to describe ways to make
government be more efficient.
The effort will adopt mea-
sures used by corporations,
and try to encourage federal
workers to become more in-
volved in running government,
similar to what Clinton at times
did with his campaign.
Texas Comptroller John
Sharp, who set up a similar pro-
gram in 1991, is going to help.
"We started a 1-800-BEAT-
WASTE hot line and we got
3,000 phone calls in the first
three weeks," Sharp says.
He says it found $4 billion in
savings in a $30 billion budget.
? Numbers to call, 4A
4A - WEDNESDAY, MARCH 3, 1993 - USA TODAY
WASHINGTON.'
A QUICK LOOK AT WHAT'S GOING ON IN THE NATION'S CAPITAL
Hot lines for cutting
government waste
. President Clinton and Vice President Gore will announce
today an effort to go after waste of government using 800-
number hot lines in agencies. Some numbers: (Story, 1A)
? AGRICULTURE: 1-800424-9121
? COMMISSION ON CIVIL RIGHTS: 1--800-552-6843
COMMERCE: 1-800-424-5197. ? DEFENSE: 1-800-424-9098
? EDUCATION: 1-800-647 RGY 1-800-541-1625
? FEDERAL DEPOSIT INSURANCE CORP: 1-800-964-3342
? FEDERAL EMERGENCY MANAGEMENT AGENCY: 1-800-323-8603
GENERAL SERVICES ADMINISTRATION: .1-800-424-5210
? HEALTH AND HUMAN SERVICES: 1$00.368-5779-
10, HOUSING AND URBAN DEVELOPMENT: 1-800-347-3735
? INTERIOR: 1-800-424-5081. ? JUSTICE: 1-800-869-4499
? LABOR: 1-800-347-3756. ? NASA: 1-800424-9183
? NUCLEAR REGULATORY COMMISSION: 1.500-233-3497
? RESOLUTION TRUST CORP.: 1-800-833-3310
? TRANSPORTATION: 1-800424-9071.
? TREASURY: 1-800-359-3898
? VETERANS AFFAIRS: 1-800-488-8244

a?
n1170 ?
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
March 4, 1993
Hillary M. Leary and
Ronald R. Kight
253 Neck Road
Shiloh, North Carolina 27974
Dear Ms. Leary and Mr. Kight:
Subject: DEM Project # 93104
Jonathan. B. Howes, Secretary
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 1.1 acres of wetlands at Camden Point
Shores in Camden County for canal construction of roads. Based on this
review, we have identified significant uses which would be removed by this
project. These are wildlife habitat, water storage and pollutant removal.
Furthermore, insufficient evidence is present in our files to conclude that
your project must be built as designed. Therefore, we are moving toward
denial of your 401 Certification. Until we receive this information, we are
requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and/or the N.C. Division of Coastal Management place your project on
administrative hold.
Please provide us with information- supporting your position that your
project must be constructed as designed in wetlands. Specifically can you
construct your access utilizing a parking pad with wooden boardwalk or a
single narrow road to the Sound? Any documentation such as costs, maps and
narrative which you can supply to address practicable alternatives may be
helpful in our review of your 401 Certification. Please respond within two
weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
JRD/kls
Wetfill.ltr
cc: Washington Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687
Sincerely,
John R. Dorney
Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
.I'IHK-YJJ-- 7J WCU io• Jo iL• a?a v ?? ?.ur,.? ? ? ?? ? ??.? ??, ? ? ??. ? ," ??..-?? ? ?.-, - ?-?-.
MEMORANDUM
TO:
FROM.
DATE:
SUBJECT:
John R. Parker
Sara E. Winslow
29 January 1993
Ron KighC and Hilary Leary Project
Applicant
Camden
County
Attached is the response to the above application. If I can be of further
assistance, please let me know.
dw
/attachment(s)
oaam'mw OF rMVM0NMK
Kum AND N"Mm VZOURM
MHf?-IdS-' y 5 WED lb:--,-( 1 L; L 1 V Ur I_UHn I HL riurIIY I I CL riu. L7171 7?-1 t7 J » iu? i uu
State of Worth Carolina
Department of Environment, Health, and Natural -Resources
512 North S311s6ury Street A lialelgh, North Carollni 27604
James U. Hunt, Jr., Governor
Jonathan R Howes, Secretary
TO: John R. Parker, Chief DCM Major Permits Processing Section
THROUGH: Mike Street
FROM: Sara E. Winslow, Biologist Supervisor
SUBJECT: Ron Fight and Hilary Leary Project
DATE: January 26, 1993
The following comments by the North Carolina Division -of Marine Fisheries are
provided pursuant to General Statute 113-131.
The proposed development would result in dredging and filling 1.1 acres of wooded
wetland and impacting 2450 sq. ft. of Estuarine Shoreline AEC. Included in the
development would be a 700 ft. long and 30 ft. wide drainage canal and two 700 ft. by 20 ft.
roads. The proposed development would stop 40 ft. from Estuarine Waters.
This agency is concerned with the proposed project. Wooded wetlands are of great
importance to fisheries resources, serving as sources of biological productivity, providing
food directly and indirectly. Finally, wetlands perform important roles in modifying acute
impacts of hydrologic events, moderating stormwater flows, trapping sediments, and
providing nutrients for incorporation into resident plants.
f)
?InIC-YJJ- JJ WLL 1 V .?? • a_? ? . v ?.. ....J? .... ? . ?.- .`.. .. .. ?? '? '- - -' -- - .. -

er STATE o,
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street 0 kateigh, North Carolina 27604
James B. Hunt, Jr., Governor
21 January 1993
MEMORANDUM
TO; Dr. William 14ogarth, Director
Envision of Marine Fisheries
FROM: John R_ Parker, Chief
Major Permits Processing Section
!i
Jonathan B. Howes, Secretary
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Ron Kight and Hilary Leary
Project Location: Camden Point Shores, Camden County 0.85 miles past end of canal adjacent to
Albemarle Sound
proposed project- Dredge and fill 1.1 acre of wooded wetland swamp to provide 2 roads and a canal
for access to Albemarle Sound
please indicate below your agency's position or viewpoint on the proposed project and return this form
by February 11, 1993. If you have any questions regarding the proposed project, please contact Dennis
W. 14awthorn at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY This agency has no objection to the project as proposed-
This agency has no comment on the proposed project.
/This agency approves of the project only if the recommended changes are
incorporated. See attached.
his ency objects to the project for reasons described in the attached comments.
Sign Date 1 2 G--- 93 -
P.O. Box 27687, I61e1gh, North Carolina 27611.7687 Tdcphonc 919-733.4984 Fax d 919733 513
An Equal Opporcunlty Affirmative Arlan Employer
1•IHK-VJJ 7J I.UCU lo•J'-I 1L-_ ui i.u...1. - .,.-.r +_+ .__ - ••---•- --
,_.. -
Post-it" brand fax transmittal memo 7671 # of pages ?
1b From -75, 4? Cp G
Co. p Co.
•pI- - Phone q:
exN

- y
75 J

FoxN
",ps STATE o.
1' y D
Ltilr? Y?
Forth Carolina
uepartment or Lnvironment, Health, and Na
St2 North Salisbury Street • Raleigl r, North Carolina
James B. Hunt, Jr., Governor
January 29, 1993
HEMORAMUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Mr. Charlas R. Fullwood, Jr., Director
Wildlife Resourees Conunission
Attn: Habitat Conservation Program
93.aZ.OS -e7
Jonathan B. Howcs, Secretary
John R. Parker, Chief
Major Permits Processing Section
LAMA/DR$DGE & FILL Permit Application Review
Ron Kight/Hilary Leary
Camden Point Shores, Camden County
Dredge and fill 1_1 acre of wooded wetland swamp t provide 2
roads and a canal for access to Albemarle Sound.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by February 19, 1993_ If you have any questions
regarding the proposed project, please contact Stephanie Briggs at 733-2293-
When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
changes are incorporated. See attached.
[//This agency objects to the project for reasons described in the
attac d comments .
Signed 14 Date " ?'?~ 9 3
r•'.n. Box YAW, Ralelgh, North C.:arolin? 27<n•7l;B? lelcphonc 9(9-7334984 Ia # 919-733-0S13
An Cqual nppr?;rcm:ry Aftiirma:ive Action Employe.
__1 ItiIC-'UJ- 7J WCL 1U. J"'1 1L.L1V - -.. .... .- ,I - --- ....__

® North Carolina Wildlife Resources
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charlcs R. Pullwond, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., chief,
Major Permits Processing Section,
Division of Coastal Management, DEHNR
FROM: Richard B. Hamilton, ?&4 l U' t
Assistant Director
DATE: February 19, 1993
FEB 1993
RECEIVF-D
Inland Fisheries
r WRC ?jJ
a7' RECEIVED
26 A3
=_d
SUBJECT: CAMA permit application review, Ron Kight/Hilary Leary,
Camden Point Shores, Camden County
Biologists on our staff have
application and are familiar with
values of the project area. our
accordance with provisions of the
Act (48 Stat. 401, as amended; 16
Coastal Area Management Act (G.S.
reviewed this permit
fish and wildlife habitat
-omments are provided in
Fish and Wildlife Coordination
U.S.C. 661 et seq.) and the
113A-100 through 113A-128).
The applicants propose to excavate a 700/X 30' area of
wooded wetlands adjacent Albemarle Sound and place this excavated
material in wooded wetlands adjacent to each side of the
excavation. Approximately 21,000 squares feet of wetlands would
be dredged and approximately 28,000 square feet of wetlands would
be filled. The stated purpose of the project is to gain access
to Albemarle Sound for recreational activities.
Wooded wetlands on this site provide functions which benefit
the public as well as fish and wildlife. Wetlands retain and
purify stormwater runoff and provide valuable habitat for
numerous species of fish and wildlife. Wetlands such as these
play a major role in the overall biological productivity of
adjacent waters. Freshwater wooded wetlands such as these are
becoming more and more scarce through various types of
development. This project site is also specifically identified
as important habitat for the black bear. The black bear requires
extensive ranges of undisturbed habitat and fragmentation of
habitat through development can cause affect population dynamics.
J"IHK-IDJ- 7J WCU 10; JJ 1 L • L 1 v ur l UnJ i - I - u N i . -- i .v i. - -- ---- • --

The project as proposed would result in the permanent loss
of 49,000 square feet (1.12 acres) of valuable wooded wetlands.
This loss would include significant degradation in wildlife
habitat functions as well as impacts on aquatic systems. Due to
the type of work proposed and the quality of the affected
habitat, we have determined the proposal to be inconsistent with
our Policies and Guidelines for Conserva jon of Wetlands and
Aquatic Habitats and we request denial of the permit.
We appreciate the opportunity to provide input into this
permit application review. Please contact Mr. Dennis Stewart,
Habitat Conservation Program Manaqer (919) 752--3270 or Mr. Pete
Kornegay, District 2 Fisheries Biologist [phone] if you
need further information-
cc: Honorable Russell M. Hull, Jr., District 1 Commissioner
Mr. Pete Kornegay, District 1 Fisheries Biologist
Mr. David Rowe, District 1 Wildlife Biologist
I'IHK-U'J' 7J WC1.J 10., U 1L•Lly - -.-... ......,. - --- - ._,-.

111 1 / ?;l
State of North Carolina
Department of Environment, Health, and Natural Resourcc;s
512 North Salisbury Stncct • l2.rkigh, North Carolina 27604
James B. Hunt, Jr., Governor
MENMRANDUM:
TO. John Parker
FROM: Dennis W. Hawthorn
Jonathatl II i li)wcs, Sccrcrary
SUWECT: ' Recommendations for Ron KightlHilary Learys, Proposed Ditch and Roadway
at Camden Point, Camden County
DATE: February 19, 1993
The proposed development is within the Estuarine Shoreline AEC and would
indirectly effect both the Estuarine Water and Shoreline AEC's through the direct dredging
and filling of over an acre of wooded wetlands, of which 2450 square feet are within the
Estuarine Shoreline AEC. This proposed work would also de-water additional wooded
wetland acreage within the AEC.
The proposed development is not water dependent. The proposed ditch and roadway
will run 700 feet through wooded wetlands and stop 40 feet from Estuarine Waters. This
proposed work will no access Estuarine or Public Trust Waters.
At this time, the applicants have not submitted any additional refinements or proposals
which would minimize the impacts of their proposed work. In the event that this application
receives approval for the proposed development, approval should include conditions which
require conformance with the NC Sedimentation Pollution Control Act of 1973 as well as
conformance with any approval conditions placed by other State or Federal reviewing
agencies.
Should the COE and DEM find significant impacts probable from this proposed project and
recommend permit denial, I would concur with their recommendation.
P.Q l;ox 27687, Uclgh, Nord, Cawliiw 27611.7687 10cowile 919-%33 498-1 Fax X 919 733 0513
An Equal Opporrunity A11ir11)arlv6 Aaiun Eimpl.?ycr
DIVISION OF ENVIRONMENTAL MANAGEMENT
1 March 1993
MEMORANDUM
TO: John Dorney
Wetlands and Technical ;Review G up
THRU: Jim Mulligan
Regional Supervisor
Washington Regional fice
THRU: Roger K. Thorpe /41C
Water Quality Supervisor
Washington Regional Offic
cam----
FROM: Deborah Sawyer
Environmental Technician
Washington Regional Office
SUBJ: CAMA Application Review
Project #93-020-C
Kight/Leary
Camden County
The above subject CAMA application has been reviewed by this office.
The proposed project is to dredge a 700 ft long, 30 ft wide drainage canal to
a depth of -10 ft and to construct two (2) 740 ft long roadbeds to access the
shoreline of the property. The only upland (highground) is adjacent to the
shoreline and ranges in width from between 1 ft and 8 ft. The applicant
cannot get a building permit to construct a residence. The applicant wishes
to access the shoreline via the roadbed for recreational activities.
I spoke to the applicant on 10 February 1993 to address questions this
office had concerning his project. The first question addressed was how the
applicant proposed drainage from a canal which was closed at both ends. The
applicant stated that he planned to install a pipe from the canal, under the
existing roadway, and discharge to the canal adjacent the existing roadway.
At the time of the inspection; 2 February 1993; the existing canal was covered
with duck weed and exhibited stagnant conditions.
The second question addressed was why the roadbeds did not connect to
the upland along the shoreline. The applicant stated that his application was
in error; the roadbeds were to connect both the existing roadway and the
upland along the shoreline. I asked the applicant if he would consider
reducing the impacts by agreeing to a 60 ft by 30 ft parking pad for four (4)
MEMORANDUM
Page 2
1 March 1993
cars adjacent the existing roadway and a wooden walkway to access the
shoreline. He stated to me that the construction of the wooden walkway would
be too costly a proposal. He further stated that he had read in the newspaper
that there is a court case in South Carolina which will decide if the State
will reimburse the value of the land to an applicant if the proposed project
of the applicant is denied a permit. Mr. Leary relayed to me that if his
application is denied a permit, he may consider pursuing a similar avenue of
action in order to receive restitution for his loss of access to his property.
I informed the applicant that the Regional Office recommendation would be that
the impacts to wetlands and waters of the state were too great and that an
alternative, such as a wooden walkway access, would be recommended for this
project.
This office rated the wetlands (third draft) and calculated a rating of
75.5%. This high a value wetland would receive a recommendation of an
alternative to the proposal which would minimize the impacts (see attached
drawing). It would be further recommended that the 700 ft by 30 ft by -10 ft
canal which would be connected via a drainage pipe to an existing stagnant
canal would further cause adverse concerns of stagnant water conditions,
It is the recommendation of this office to deny the Section 401 Water
Quality Certification for this project, due to the non-acceptability of the
applicant to an alternative with less impacts, and approval with conditions
would not be recommended. If you have any questions or comments, please call.
Thank you.

DIVISION OF COASTAL MANAGEMENT %?,A3;HRV; ON` OFFICE
FIELD INVESTIGATION REPORT _
1. APPLICANT'S NAME: Ron Kight and Hilary Leary
2. LOCATION OF PROJECT SITE: Camden Point Shores, Camden County 0.85 miles past end of
canal adjacent to Albemarle Sound.
Photo Index - 1989: 4 7-12 J-15 1984: 124-726 1-6
State Plane Coordinates - X: 2906600 Y: 893100
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/16/92 01/14/93
Was Applicant Present - No No
5. PROCESSING PROCEDURE: Application Received - December 28, 1992
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Camden County
Land Classification From LUP - Rural Residential
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - None
Planned - Construction of road and drainage ditches
(G) Estimated Annual Rate of Erosion: 0'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
Wooded wetland 14,000 sq. ft. 35,000 sq.ft.
(B) Non-Vegetated Wetlands
(C) Other
(D) Total Area Disturbed: 49,000 sq. ft. (1.1 acre)
(E) Primary Nursery Area: No
(F) Water Classification: N/A Open: No
8. PROJECT SUMMARY: Applicants propose to dredge and fill 1.1 acre of wooded wetland swamp to
provide 2 roads and a canal for access to Albemarle Sound.
Ron Kight and Hilary Leary
Bio Report
Page Two
SITE DESCRIPTION
The site is located near the tip of Camden County in an
undeveloped section of Camden Point Shores and is accessible by
Boat and off road vehicle. Existing interior plant canopy include
overstory species of Liquidambar styraciflua (Sweet Gum); Acer
rubrum (Red Maple), Taxodium distichum (Bald Cypress), Pinus
seratina (Pond Pine) and Pinus taeda (Loblolly Pine). The
understory species include Myrica cerifera (Wax Myrtle) and
Magnolia virginiana (Sweet Bay Magnolia). Plant species along the
estuarine shoreline include Spatina patens (Saltmeadow Cordgrass),
Magnolia virginiana (Sweet Bay Magnolia), Myrica cerifera (wax
Myrtle), P. taeda (Loblolly Pine) and T. distichum (Bald Cypress).
The area is inhabited by small game including Procyon lotor
(raccoon), Mustela vison (mink), and Felis rufus (bobcat) as well
as water fowl and birds of prey.
The applicant proposes to construct a 30 foot wide drainage
canal and two access roads from the raised road grade adjacent
their property, along their property line toward the Albemarle
Sound. The proposed canal would not connect to estuarine waters.
A portion of this proposed development would be within the
Estuarine Shoreline AEC. This proposed development would also
occur in wooded wetlands. This proposed development would include
the dredging and filling of approximately 49,000 sq. fti of wooded
swamp.
This proposed development would include a 700 ft. long and 30
ft. wide drainage canal and two 700 ft. by 20 ft. roads. Material
dredged from the proposed canal would be used as fill to make the
road beds. This development would directly impact 1.1 acres of
wooded wetland swamp. This proposed development would stop 40 ft.
from Estuarine Waters and impact 2450 sq. ft. of the Estuarine
Shoreline AEC. This proposed development would not directly access
Estuarine or Public Trust Waters.
ANTICIPATED IMPACTS
Currently the only access to the site is either by direct
water access from the Albemarle Sound or by vehicle 0.85 miles
along the existing Sailboat Road right of way. This portion of
Sailboat Road is a grassed road bed which was constructed from
dredge material cut from the present ditch which runs parallel
along the road grade. No other development exists on these
properties. The Camden Point Association maintained dirt road
stops approximately 0.85 miles from the proposed development site.
The proposed development would include dredging and filling of 1.1
I f
Ron Kight and Hilary Leary
Bio Report
Page Three
Acres of wooded wetland and would impact 2450 sq. ft. of the
Estuarine Shoreline AEC. This proposed development would not
directly impact or significantly increase access to Estuarine
Waters or Public Trust Waters.
LAMA Review
LAMA review will be forwarded at a later date.
Submitted by: Dennis W. Hawthorn
Date: January 21, 1993
i
please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project; write N/A (not ap-
plicable). Items 1.4 and 8-9 must be completed for
.all projects.
1 "APPLICANT .. ?_
IL 12
a. Name
Address N OA
State '
City „Z79'7? Zip D# phone P'0?'3969?7l
- Authorized agent
? Landowner or
b. Project name (if any,
C. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address orsecon'dary road number
b.
c. County
d. is proposed work win city limits or planning
jurisdiction'.
e. Name of body of water nearest project
3 DESCRIPTION AND PLANNED
::.._. USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
TD ?rK)
i? v is s nvM v
If you plan to build a marina, also complete
and dttach Form DCM-MP-2.
b. Is the ptbposed activity maintenance of an ex-
isting project, new work, or both? & ?
c. Will the project be for community, private, or
commercial use? -
/-)? /PR79- -
d. Describe the planned use of the project.
ATER N0,11 =F
?. ,?-
4 .: LAND ? AM W
CHARACTERISTICS
E,rna? ?
a. Size of entire tract b. Size of individual lot(s) -
c. Elevation of tract above mean sea'leveel or Na-
tional Geodetic Vertical Datum
d. So!kie s rd teof tract L 11??ItG G ? 1?D
?
e. Ve tation on tract
A?SIIIf/C"
f. Man-made features now oti tract
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) • Transitional
-Conservation _ Community
-Developed _
Rural ether
h. How is the tract zoned by local government?
L How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract?
If so, by whom?
1? EN ? ' .y:
5 tJPLAND DEVELO .,: ;
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
tu11.31-..., „Jp rnnfrnns.
g. List the materials, such as marl, paver stone,
asphalt, or coherete, to be used for paved
surfaces.
h. If applicable, has a stotmwatet management
plan beett submitted to the Division of En.
virohttiental Managettitntt
1. Describe projosed teitiage disposal and/at waste
water tteattt ttt facilities.
j. Have thest facilities teteived state or local
approval1
k. Describe existing treatment facilities.
1. Describe location and type of discharges to
waters of the state (fot examplersutface runoff.
sanitary wastewater, ihdustrial/commercial
effluent, of "wash down").
m. Watet Supply source
n. If the project is oceanfront development,
describe tht steps that will be taken to main-
tain established public beach accessways or pro-
vide hew access.
o. If the project is on tht oceanfront, what will
be the elevation above mean sea level of the
first habitable floor!
6 CAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activitiet (excluding bulkheads,
which ate covered in Section 7).
Laigth Width Depth
Access channel
(MLW) or (NWL) ZX 0V / / 0 /
Boat basin
Other (break-
water, pier]
bosh tamp,
rock jetty)
Fill placed in
wetland of below
MHW
Upland fill
great
b. Amount of material to be excavated tom
beta* want 1!091 lei tub c yatds -5727
c. Type bf tnatHiAl
d. Dob the ata to be excavated itielude marsh=
land, 3waiHpt; or other *ttlAndst NO
e. High gtoUhd ftcavatioh, in cubic ands 1
f. Dim6hMoM of spoil dispbtal area ?X "
g. Location of Wait disposal area
sr or 7Wy
h. Do you claim title to the disposal Arta? Y it
if not, attach a lettet granting pei;nissioh from
the owhtt.
1. Will a disposal area be available for futtire
maititenahcV? i'..5
if so; whete! off' "20grA s7-
j. Does the disposal area iticlude any marshland,
swatn01Ahd.'or waset areM? AV
k. Will the fill tnatesyl be placed below mean
high watw
1. Amount of fill in cubic yards__510,9
m. Type of fill material 4' CG*
h. Source of fill material 1VXkP1d1- ->•?DM k
o. Will fill tiiatetial be placed on marsh at other
wetlands -PO
p. Ditriensioht of the wetland to be filled LiA_
q. How will excavated or fill material be kept on
site and erosion controlled/ LA?>
?! rGi1yG
t. What type bf constriction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)!
s. Will wetlands be crossed n trans potting equip-
ment to the project sitet?' If yes, explain
the ttept that will be taken to lessen en-
vironmental lmpacts.
7 814OAFL1NF StA$1,Lt.ZATION
it. Length of bulkhead of tiptap
b. Avetagi distance wattrvbaid of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Aniounf of fill, in cubit Match, to be placed
below nit'ati high water
f. Type of fill material
2
%kDDITIONAI 'INFORMATION
In addition to the completed application form, the
following items must be submitted:
A eopy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written pernis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Y4 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7).0203 for a detailed
description.)
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates. .
"r
A check for $100 made payable to the Depart-
ment of Natural Resources and Commuriiry)2
Development to cover the costs of processing t
application. ,:-l
E1:nuum ory
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
Please note that original drawings are preferred and
9 CERTIFICATION AND PERniIIS"
only high quality copies will -be accepted. Blue-line
prints or other larger plats are acceptable only if 16 a;.y
SIGN TO ENTER ON LAND-i,;'_
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard- Any permit issued in response to this application
ing that agency's use of larger drawings.) A site or will allow only the development described in the
location map is a part of plat requirements and it application. The project will be subject to condi-
must be sufficiently detailed to guide agency per- tions and restrictions contained in the permit.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
A stormwater management plan, if applicable, that Carolina's approved Coastal Management Program
may have been developed in consultation with the and will be conducted in a manner consistent with
Division of Environmental Management. such program.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name 4-R7_P/Z ?-
Address
iN N 3?l0o Drl?-?J
Name SAP
Address! / Ell? 1RE lam'
' a)
Name
Address
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the 1`L day of /? VE No
19- Q,2-
Lan er or Auth r z e"d agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. 'Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3

ENCLOSURE 1

APPLICANTS AND ADDRESSES
HILARY M. LEARY
253 NECK ROAD
SHILOH, N.C. 27974
RONALD R. KIGHT
258 ONE MILL ROAD
SHILOH, N.C. 27974
SSN 237 60 7930
SSN 238 72 9415
COSTS
PROPOSED CANAL COSTS, DRAGLINE
OR ALTERNATIVES: 1 HAULING IN FILL
Z CONSTRUCT RAMP
EVENTS
$ 2500.00
$30000.00
$45000.00
THE CORPS OF ENGINEERS HAVE ALREADY VISITED THE SITE'
TWICE ALONG WITH A CMAA RERESENTATIVE THE SECOND TIME,
CONDUCTING A SURVEY AND MAKING A DRAWING OF THE PROPOSED
PROJECT.
POINTS OF INTEREST
THE POINT SUB-DIVISION HAS HAD DRAINAGE BLOCKS FOR THE
PAST EIGHT YEARS, THE LATEST A BRIDGE COLLAPSED TWO YEARS
AGO: COMPLETING BLOCKING THE DRAINAGE CANAL. I INTEND TO
CONTACT THE LANDOWNERS AND CORRECT THIS PROBLEM.
NOV 16 '92
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State of North Carolina
nent of Environment, Health, and Natural Resources
512 North Salisbury Strut • RilciRh, North Carolina 27604
r 13io
EHNR WASH REG OFFICE TO
{
191911,331336 P.02
A"A Tre...
James B. Hunt, Jr., Govirnor Jonathan R. Howes, Secretary
MEMORANDUM
TO: REVIEW AGENCIES
FROM: DAVID R. GRIFFIN
SUBJECT: KI T/LEARX CAMA PERMIT APPLICATION
DATE: FE UARX 2, 1993
Please attar the enclosed plat to the CAMA permit application of
Kight/Leary (Camden County) recently circulated for review. It was
omitted from the original preview package. Thank you.

n
PQ rA 27687, Raleigh, North Carolina 27611-7687 Telcnhonc 9$9.733.4984 hx k 919.733-0513
A,, rgtol UPpomaiity Afflrmativc Actim Cmploycr

TOTAL P.02

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i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 27, 1993
Regulatory Branch
Action ID. 199301051
Mr. Ron R. Kight
and Ms. Hilary M. Leary
253 Neck Road
Shiloh, North Carolina 27974
Dear Mr. Kight and Ms. Leary:
i IS 0 `l/ LS
2 5
4
WFT'.A^'MC GROUP y
Reference your application for Department of the Army (DA) authorization
to excavate a canal through wetlands and place excavated material in wetlands
associated with road construction on Albemarle Sound, Camden Point Shores,
Camden County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed al memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Secl ion 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
_/ -
-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by February 26, 1993. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management;to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Ms. Laura Fogo,
Washington Field office, Regulatory Branch, telephone [phone].
MUSE FILE: LFEARI
Sincerely, CESAW-CO-EW/FOGO/lk
CESAW-CO-E/WINEFORDNER
CESAW-CO-E/WRIGHT
(\ MAIL
U(J CESAW-CO-E/FILES
G. ne Wri t
Chie , Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region( IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365

February 17, 1993
To: Corps of Engineers
From: Hilary Leary and Ron Kight
Camden Point Project
Action ID 199301051
Subject: Provide additional information for Camden
Point Project
Encl: Letter dated January 27, 1993 from Corps of
Engineers
The joint project between Hilary Leary and Ronald
Kight, ad' oining property owners, will minimize impact
on the en ironment.
The proposed project of canal and roadbeds will have
the least impact and will be much cheaper and
disruptive than hauling fill in or building ramps.
(Figures are in the original application)
The proposed canal will not enter or empty into the
sound, thus having no impact on the Albermarle Sound.
This project is the only feasible and legal way to have
access to the .A.lbermarle Sound.
This project will restore natural drainage that had been
altered in the past years.
Activity in the area will alter drug operations and the
wholesale slaughter of the wildlife.
The planned excavation part of the project will be
utilizing a person famil7iar with CAMA rules and
procedures and has had recent checks for compliance.
Project plans were originated after thorough thought
and investigation input and suggestions from the
various organizations, surrounding property owners,
county commissioners and special interest groups on
how to achieve results with minimum impact on the
area.

This project will partially restore some of the potential
use of the land, what it was originally intended for.
When the land was first purchased, I could walk
through the woods to the beach and enjoy lying on the
beach and swimming, but in the latter years the natural
drainage has been altered creating a very wet condition
that I am proposing to correct. This condition should
have been monitored and never allowed to happen,
stopped up drainage ditches, caved in bridges, etc.
ary _eary
Ron Kight
Copy: North Carolina Division of Environmental
Management

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 27, 1993
Regulatory Branch
Action ID No. 199301051
o ?6?am?n
FFEB -21993
Mr. Ronald R. Kight
and Ms. Hilary M. Leary
253 Neck Road
Shiloh, North Carolina 27974
Dear Mr. Kight and Ms. Leary:
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received January 25, 1993, for Department of
the Army authorization to excavate a canal through wetlands and place
excavated material in wetlands associated with road construction on Albemarle
Sound, Camden Point Shores, Camden County, North Carolina, indicates it to be
a candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199301051
and will be coordinated by Ms. Laura Fogo in our Washington Field Office. She
is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
/Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. David Griffin, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 27, 1993
Regulatory Branch
Action ID. 199301051
Mr. Ron R. Kight
and Ms. Hilary M. Leary
253 Neck Road
Shiloh, North Carolina 27974
Dear Mr. Kight and Ms. Leary:
D N ? N H T N
F IEB -. 219 3
WETLANDS GROUP
WATER QUALITY SECTION
Reference your application for Department of the Army (DA) authorization
to excavate a canal through wetlands and place excavated material in wetlands
associated with road construction on Albemarle Sound, Camden Point Shores,
Camden County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.

-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by February 26, 1993. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Ms. Laura Fogo,
Washington Field Office, Regulatory Branch, telephone [phone].
MUSE FILE: LFEARI
Sincerely, CESAW-CO-EW/FOGO/lk
CESAW-CO-E/WINEFORDNER
CESAW-CO-E/WRIGHT
MAIL
CESAW-CO-E/FILES
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
/r . John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
s, t
TAKE ? i J
United States Department of the Interior
FISH AND WILDLIFE SERVICE m?
Raleigh Field Office ¦
Post Office Box 33726
Raleigh, North Carolina 27636-3726
February 23, 1993 D 0 U
W-2=
Colonel Walter S. Tulloch `
District Engineer f
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Colonel Tulloch:
This is the report of the U.S. Fish and Wildlife Service (Service)
on Public Notice 199301051, dated January 26, 1993. Ronald R.
Kight and Hilary M. Leary have applied for a Department of the Army
permit to place fill material in wetlands to construct access roads
to the Albemarle Sound shoreline on Camden Point, approximately 11
miles southeast of Shiloh, Camden County, North Carolina. This
report is submitted in accordance with the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d),
and Section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531-1543). It is to be used in your determination of
compliance with 404(b) (1) guidelines (40 CFR 230) and in your
public interest review (33 CFR 320.4) as they relate to protection
of fish and wildlife resources.
According to information provided in the Public Notice,
approximately 5,200 cubic yards of wetland material would be
excavated along the boundary of the applicants' adjoining lots.
This proposed borrow would result in a canal 700 feet long by 20
feet wide and 10 feet deep. Excavated material would be deposited
in wetlands on each side of the borrow canal to construct two
separate access roads each 700 feet long, 25 feet wide at the base,
15 feet wide at the crown, and elevated 5 feet above adjacent
wetlands. The proposed roads and borrow canal would end 40 feet
short of the 20-foot wide, intertidal sand beach along the
Albemarle Sound.
A Service biologist inspected the project site on February 16,
1993. Project area wetlands are part of a large contiguous system
of forested and scrub-shrub wetlands and estuarine marshes adjacent
to the North River and Albemarle Sound. The existing road fills
and the residential lots west of the project area comprise the only
non-wetland habitats in and near Camden Point. Dominant vegetation
r
in the project area includes red bay (Persea borbonia), waxmyrtle
(Myrica cerifera), loblolly pine (Pinus taeda), pond pine (Pinus
serotina), red maple (Acer rubrum), sweetgum (Liquidambar
styraciflua), black willow (Salix nigra), green briar (Smilax sp.),
and poison ivy (Toxicodendron radicans). The hummocky terrain of
project area wetlands supports these species of moderate wetland
indicator status (ranging from facultative wet to facultative
upland) while at the same time the majority of the ground is
inundated for most of the year. Water was standing up to 18 inches
deep at the time of the Service's field inspection. Corps
personnel have observed standing water during visits to the site in
June and September 1992. Long term soil saturation is also
indicated by underlying peat layers at least three to four feet
deep. Aquatic vegetation present in standing water includes
American frogbit (Limnobium spongia), duckweed (Lemna sp.), and
arrowhead (Sagittaria sp.). Towards the Sound, standing water
increases in depth and much of the vegetation grows on mats of
floating turf. Scattered baldcypress (Taxodium distichum) trees,
water primrose (Ludwigia spp.), sawgrass (Cladium jamaicense),
bedstraw (Galium sp.), and pennywort (Hydrocotyle umbellata) grow
in this area.
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity. The forested and scrub-shrub wetlands affected
by the proposed project have high fish and wildlife resource value
and are considered to be relatively scarce on a national and
regional basis. Wetlands such as these provide valuable nesting,
roosting, and foraging habitat to resident and migratory waterfowl,
songbirds, hawks and owls, and wading birds. Other resident
wildlife species expected to occur in project area wetlands include
white-tailed deer (Odocoileaus virginianus), black bear (Ursus
americanus), marsh rabbit (Sylvilagus palustris), beaver (Castor
canadensis), nutria (Myocastor coypus), opossum (Didelphis
virginiana), and raccoon (Procyon lotor). Numerous reptiles and
amphibians depend on project area wetlands for foraging, egg
laying, and habitat for larval life stages.
Wetlands in the project area also provide plant detritus to
downstream waters and contribute to the production of
recreationally and commercially important fisheries and
shellfisheries. Project area wetlands perform water quality
functions such as reduction of excessive dissolved nutrient levels,
removal of suspended sediment, 'stormwater retention, and
groundwater recharge. These water quality benefits are especially
valuable in maintaining the biological productivity of Albemarle
Sound.
The proposed roads and borrow canal would permanently remove 1.1
acres of forested and scrub-shrub wetlands from the Albemarle Sound
estuarine system and contribute to cumulative impacts resulting
from the existing roads throughout Camden Point. Indirect impacts
would result from the reduced flood and stormwater buffering
capacity of wetlands bordering the Sound as well as the reduced

sediment and pollutant filtering capacity of remaining wetlands.
The Environmental Protection Agency's 404(b)(1) Guidelines,
developed pursuant to Section 404 of the Clean Water Act, prohibit
the discharge of dredged or fill material for non-water-dependent
proposals in wetland areas if there is a practicable alternative
which would have less impact on the aquatic ecosystem. Those
guidelines further specify that for non-water-dependent activities
proposed for special aquatic sites (e.g., wetlands), practicable
alternatives which do not involve special aquatic sites are
presumed to exist unless clearly demonstrated otherwise.
The Service is especially concerned because there are no
developable upland habitats that could be reached by the proposed
access roads. Moreover, according to Corps regulatory personnel,
both applicants already own property fronting Albemarle Sound and
adjacent waters that would serve the project purpose of
"recreational activities." If additional water access is needed,
the Service recommends using one of the existing lots created on
wetland fill west of the project area.
As described above, the project area is part of a large complex of
wetlands providing high quality habitat to fish and wildlife. The
entire property is wetland except for the existing roadway. The
Service believes that the applicants have not provided a compelling
public or private need for the project that would justify the
direct and cumulative impacts to the significant fish and wildlife
habitat resources of Camden Point and the Albemarle Sound estuary.
The Service, therefore, recommends that a Department of the Army
permit not be issued for the proposed work based on: 1) the high
fish and wildlife habitat value of project area wetlands; 2) the
non-water-dependency of the proposed work; and, 3) the availability
of alternatives to the proposed work.
The Service has identified no endangered or threatened species, nor
critical habitats that would be adversely affected by the proposed
project or its restoration. Therefore, the requirements of Section
7 of the Endangered Species Act are fulfilled. However,
obligations under Section 7 of that Act must be reconsidered if:
(1) new information reveals impacts of this identified action that
may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in
a manner which was not considered in this review; or, (3) a new
species is listed or critical habitat determined that may be
affected by the identified action.
The above findings and recommendations constitute the report of the
Department of the Interior. In accordance with the procedural
requirements of the 1992 404(q) Memorandum of Agreement, Part
IV.3(a), we are advising you that the proposed work may result in
substantial and unacceptable impacts to aquatic resources of
national importance.
C
The Service appreciates the opportunity to comment on this project.
Please advise us of. any action taken by the Wilmington District,
Corps of Engineer. You may contact David Dell, Permit
Coordinator, of this office if you have any question regarding our
recommendations.
Sincerely,
L.K. "Mike" Gantt
Supervisor
q3 lflq
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOP
PERMIT AND WATER QUALITY CERTIFICA
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that RON KIGHT AND
HILARY LEARY of Camden County, filed an application on December 28, 1992, for a
permit from the Division of Coastal Management to develop in an Area of Environmental
Concern and for certification from the Division of Environmental Management that a
discharge of fill material in project wetlands will not violate applicable water quality
standards.
According to said application RON KIGHT AND HILARY LEARY propose to
dredge and fill 1.1 acre of wooded wetland swamp to provide two roads and a canal for
access to Albemarle Sound. The site is located in Camden Point Shores 0.85 miles past end
of canal adjacent to Albemarle Sound.
A copy of the entire application and additional information may be" examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Dennis W. Hawthorn, Division of Coastal Management, located at
1367 US 17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah
Sawyer, Division of Environmental Management, DEHNR Regional. Field Office,
Washington, N.C., 919/946-6481.
The Division of Environmental M` ;,. ?,ment proposes to cake final action on this
water quality certification on or before February 21, 1993. The issuance of the CAMA
Major Development permit and the Section 401 Certification may deviate from this projected
date depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
February 16, 1993 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
February 11, 1993 for consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered up to the time of permit
decision. Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon.
request.
PUBLISHED ON: Wednesday, January 27, 1993
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