19930663 Ver 1_COMPLETE FILE_19931221

DIVISION OF COASTAL, MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kitty Hawk Landing Association, Inc.
2. LOCATION OF PROJECT SITE: South end of Ivy Lane, Kitty Hawk Landing Subdivision, Kitty
Hawk, Dare County, Albemarle Sound.
Photo Index - 1989: 44-11: V-12, W-12 1984: 137-494: U-19, V-19
State Plane Coordinates - X: 2963800 Y: 855250
3. INVESTIGATION TYPE: CAMA and Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/29/93 10/7/93
Was Applicant Present - No No
5. PROCESSING PROCEDURE: Application Received - 10/5/93
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Private water access
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED

25W3
DJ Gf{
'I ry
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat 26,100 sq ft
(C) Other
Higliground Spoil Area 10,830 sq ft
(D) Total Area Disturbed: 36,930 sq ft (.85 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes
8. PROJECT SUMMARY: Applicant proposes to maintenance excavate the mouth and throat of a man-
made canal in Kitty Hawk Landing Subdivision and to excavate a short access channel into Albemarle
Sound. Total dimensions of the proposed excavation are 45' wide by 580' long by 6' deep.

Kitty Hawk Landing
Bio Report
Page 2
SETTING
Kitty Hawk Landing Subdivision is located off Kitty Hawk Road near its western end,
in Kitty Hawk, Dare County. The Subdivision has several canal systems that connect to
Albemarle Sound. Excavation to create the Subdivison began in the 1950's. With the
passage of the State Dredge and Fill Law, Dredge and Fill Permit #1706-72 was issued which
authorized the completion of the excavation and filling which is evident today. Currently,
several man-made canals provide water access to the residents who own property within the
Subdivision. Water depths within the existing man-made canals vary between -4' and -8'
NWL. The mouth of the main canal has shoaled over the years to a minimum water depth
of -3.5' NWL.
The mouth of the access canal and out into Albemarle Sound has a course, sandy
bottom which is fairly well packed and hard. Widely scattered, very sparse amounts of
widgeon grass (RRpia maritima) were found just outside the mouth of the canal in
Albemarle Sound. More dense amounts of milfoil (Achillea nlillefolium) were found within
the canal system in the area proposed to be excavated. Water depths are the shallowest at
the mouth and increase in depth to -6' NWL approximately 400' out into Albemarle Sound
from the mouth of the canal. Waters of Albemarle Sound in the vicinity of this project are
classified as SB by NC Division of Environmental Management.
PROPOSAL
The applicant, Kitty Hawk Landing Association, Inc. proposes to hydraulically dredge
the mouth of the main man-made canal into Kitty Hawk Landing Subdivision and a short
distance into Albemarle Sound for water access. The proposed hydraulic excavation would
involve the dredging of an area 580 feet long by 45 feet wide to a depth of 6 feet below
NWL. Approximately half of the length of the area to be dredged would be within the canal
and half would be in Albemarle Sound. The excavation would remove approximately 1733
cubic yards of material which would be pumped 2000' to a piece of property owned by the
Kitty Hawk Landing Association, Inc. A diked area 114 feet by 95 feet would contain the
spoil material with the decant/effluent from the disposal being returned into the canal system.
ANTICIPATED Il\1PACTS
The applicant indicates this project to be maintenance excavation. The Division of
Coastal Management would consider excavation within the canals to be maintenance
excavation as they were originally excavated by human activity. However, there is no record
of any excavation ever occurring outside the mouth of the canal system. No CAMA or
Dredge and Fill permits have ever been issued authorizing excavation in or around the canal
system in the Kitty Hawk Landing Subdivision. Some milfoil will be destroyed within the
canal system by the excavation; minor amounts of widgeon grass will he destroyed. Some
localized turbidity will be created from the excavation. However, this should be short-
tenned and if carried out during periods of least biological activity, mininlunl impacts will be
made to local fisheries.

Please type or print. Carefully describe all anticipated .
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items I-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. NameiNVIRONRENTAL PROFESSIONALS, INC.
Address 122 SIR WALTER RALEIGH DRIVE
City KILL DEVIL HILLS State N.C.
Zip 27948 Dayphone (919)-441-0239
Landowner or x Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
KITTY HAWK LANDING ASSO,IATION,INC
P.O. BOX 923
KITTY 11AWK, N.C. 27949
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
KITTY HAWK ROAD
b. City, town, community, or landmark
KITTY HAWK
c. County DARE
d. Is proposed work within city limits or plaruiing
jurisdiction?_ YFS
e. Name of body of water nearest project
ALBEMARLE SOUND
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

SP 2(1
If you plan to build a marina, also complete
attach Form DCM-MP-2.
C= t
°?
b. is the proposed activity maintenance of an t
existing project, new work, or both?
MAINTENANCE
c. Will the project,be for community, private, or
corfimercial use?
C0tli fUNITY
d. 11A1N'1'AIN eEx115'i' NGSNAVIIGXTrIr')NtCHANNEL
4 LAND AND WATER
CHARACTLRISTICS
a. Size of entire tract N. A.
b. Size of individual lot(s) N. A.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
41
d. Soil type(s) and texture(s) of tract
sandy loam
e. Vegetation on tract T,AWN GRASS
f. Man-made features now on tract BOAT RAMP
g. What is the CA-MA Land Use Plan Classificatlon of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
RESIDENTIAL
I. flow are adjacent waters classified?
a. Describe all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? N If so, by whom7
or pier). tIATNTENANCE DREDGING
1'LANU UL r L LVI'IVILI? I ? rl?)
Complete this section if the project includes any tare
development.
SF? 2
A. Type and number of bHi1?ings, facilities, or Jp, WAtt t SUpply Source NIA.,
structures proposed
'O
O
h. if llte project is oceAnfront development, ddscHbe
N. A.
h. Number of lots or parcels the steps that w1H be takeh to tnAintAlh niAblishtd
pUbUc b@ach accdS§ways of provide MW tame§s.
c. Density (Give the humbcr of residential units and the N. A,
-
units per acre.) N.A,
d. Size of area to be raded or disturbed
3 8A St .T1'. l e?it4 } t ° o. If the ro
ect Is oh the oceahrroht, What W111 b,6 the
J
o
- elevall
ti
fib
ove irteatt sefi revel bf the htst hltbilAbie
e. if the proposed project will disturb more than one floor? N. A.
acre of land, the Division of Land Rtsotltces Must
receive An erosion and sedimenlAtioh control plan at
least 30 days b-fote land distufbing activity begins.
If applicable, has A sedimentAllon and eroslon 5 1-=XCAVAfiidN AND SILL
control plan been submitted to the Division of Land INrdpMAtION
Resources? N.A.
f. Give the percent<-lge of the tract within 75 feet of
mean high water to be covered by Impermeable
surfaces, SUch as pavetnt'ht, buildings, fobflops.
A. besctibe below lhb purl §6 bt ptuNt6d WAvatlbh
or fill activities (exclUding bulkhcodi, *hich Are
covered in Section 7).
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used tot paved surfaces.
h. If applicable, has A stottnwatet mahAgemetit plan
been submitted to the DiVISloh of Environmental
Managtmetlt? N. A.
I. Describe proposed sewage disposal And/or waste
water treatment facilities.
N.A.
J. Piave these facilities received state or local approval?
N.A;
k. Describe existing treatment facilities.
NONE
1. Describe location and type of discharges to Waters of
the state (for example, sufface nlnoff, sanllary
wastewater; industNaUcomffli tcial efnutnt, "wash
down"). NONE _
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boAt ramp,
rock jetty)
Fill placed In
wetlAhd tit below
MIIW
Upland fill
areas
1.ehgth Width bEpth
580' 451 -6'
b. Amotiht bf nAtcrial to be 6kcAyttled lrotA below
water Itvtl In cubic yards 1,733 c . y s .
c. Typeotmaterial sated
d. Does the area to be txcavated include tnArshlAhd,
t*ftnips, of other wcHAHO
t. I11?tN?roundeltcavailon, ih cubic yards
2
?,. ^,? ref-1)

f. Dimensions of spoil disposal area
S ftx 1 Q--- tv i S cc? 4/ 1 Y x IS-, i wwoftlm
g. Location of spoil disposal area community access
area
h. Do you claim title to the disposal arca7 YES
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance? YES
If so, where? SAME LOCATION
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water? NO
1. Amount of fill in cubic yards N.A.
m. Type of fill material N. A.
n. Source of till material N. A.
o. Will fill material be placed on marsh or other
wetlands? N. A.
p. Dimensions of the wetland to be tilled
q. How will excavated or fill material be kept on site
and erosion controlled?
CONTAINED BEHIND DIKE DISPOSAL AREA
SMOOTHED AND GRASSED AFTER DEWATERING
r. What type of construction equipment will be used
(for example dra line backhoe or hydraulic
dredge)? HYD&LI? DREDG$
s. Will wetlands be crossed in transporting equipment
to project site? NO If yes, explain steps that will
be taken to lessen environmental impacts.
N. A.
7 SHORELINE STABILIZATION
a. l-ength of bulkhead or riprrp N A.
- -
c. Shoreline erosion during preceding 12 months, in
feet NT A
d. Type of bulkhead material N.A.
e. Amount of fill, in cubic yards, to be placed below
mean high water N. A.
f. Type of fill material
N. A.
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (wit11 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 forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 I white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16 frigh
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance waterward of mean high water or
nonnal watc.rlcvel N. A.
Name A1,VI.S BEA(;llAM
ddr2SS P.O. BOX 410
KITTY HAWK, N. G. 2 9
Name GORDON JONES
Address 4108 IVY LANE
KITTY-I LAWK; .,C . 9-47-
Name
Address
Ails( of previous 5lrltl; tit- tedefdi pet-mits issued for
work oil die project ttAct. Include permit hUtnbers,
perntillee, and issuing dates.
A check tot $100 made payable to die Department of
Natural Resources Ahd Corntnuhity bevelopment to
cover tilt costs of processing the Applichtioh,
A signed AEC hAzard notice for projects lti oceanfrotit
and Inlet areas.
A statement oil the tBt of public funds. If the project
involves the expehdiltrre of public funds, attach a state-
ment docttmehling CompllAhce With t116 Notilt CArollhi
Environtnehtat Policy Act (N.C.G.S. t 13A-1 to t0).
9 c t1r10At1ON AND lVhMISMON
tO Mth ON LAND
Atty jiehftlt 1S$ued hi ftsNitt to thls ApplicAlloH will
Allow only the devtlopth6H1 dd§cfIW Ih 1116 Applldkloh.
111t pfoject will bt sir6ject to coHdllioh§ And Witjctlolis
contalned hi the pettmit.
I ccrlify that to the best of my knowledge, the ptnposed
acHvity corriplltA With the State otNdrtii CarollhAl Ap-
proved C0,1MAl MAHAgMitht Proghlin Ahd will bt± toh-
ducted in A hiMlher corisisteht With such pmgrAm.
I further certify that I Am Aulhorized to gratil, Arad do in
fAct, graht ptrmiSSloh td f6?feseNlAliv@? of 91016 Acid
fedetAl tevievv Agehcles to ehlef oh th6 Af6t6it ttid ihdd
1;inds itt cohtiettloh With 8vA1UMIQ hifotfn4116H ft1>11ed
to this permit AppllcAlioti and folldw-up MohitdtlHg tit
project.
phis is the 17th day of SEPTEMBER _ ; lg 93
1_andownere r Authorized age
O
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
October 27, 1993
Regulatory Branch
Action ID No. 199400244
Kitty Hawk Landing Association, Incorporated
Post Office Box 923
Kitty Hawk, North Carolina 27949
Gentlemen:
NOV - 31993

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 October 18, 1993, for Department of
the Army authorization to maintain a canal and channel on Albemarle Sound,
Kitty Hawk Landing Subdivision, Kitty Hawk, Dare 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, has
been assigned Action ID No. 199400244 and will be coordinated by Mr. Mickey
Sugg in our Washington Field Office. He is available at telephone (919) 975-
5811.
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
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
No. 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
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region Iv
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Environmental Professionals, incorporated
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948
t
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 8, 1993
W REPLY REFER TO
Regulatory Branch
Action ID No. 199400244
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:
D
?n

Reference the application of Kitty Hawk Landing Association,
Incorporated, for a Department of the Army permit to maintain a canal and
channel on Albemarle Sound, Kitty Hawk Landing Subdivision, Kitty Hawk, Dare
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. Excavation will not exceed six (6) feet below the elevation of normal
water.
C. All excavated materials will be confined landward of the normal water
elevation contour within adequate dikes or other retaining structures to
prevent spillover of solids into any vegetated wetlands or surrounding waters.
d. The terminal end of the pipeline from the dredge into the diked
retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
e. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
f. Flow from the diked retention area will be confined by pipe, trough,
or similar device to a point at or below the normal water elevation contour to
prevent gully erosion and siltation.
• ,r?
-2-
g. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
44r. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
December 22, 1993
Kitty Hawk Professionals, Inc.
P.O. Box 923
Kitty Hawk, N.C. 27949
Dear Sirs:
IL "', WA
?EHNR
Subject: Proposed fill in Wetlands or Waters
Return water from upland diked disposal and dredging
Dare County
DEM Project # 93663
Upon review of your request for 401 Water Quality Certification
to dredge in 0.6 acres of wetlands or waters which are tributary to
Albemarle Sound for upland diked disposal and dredging located at
Kitty Hawk Landing Association, Inc. in Dare County as described in
your submittal dated 25 October 1993, we have determined that the
proposed fill can be covered by General Water Quality Certification
No. 2668. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No. 16.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
K
esto Howard Jr. P.E.
93663.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
George Wood; Environmental Professionals
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
MEMO
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From:
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DEL-10`9' _ FRI 14:29 ID:DIU OF COOSTOL 1,161INT TEL NU: ly1yJ 14?? >{tb l 1-j4Jl
State of North Carolina
Department of Environment; , i-
Health and Natural Resources / • •
Division of Coastal Management James B Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director jJ1y
MtMORANDQM
To: JOHN PARKER
FROM: DAVID R. GRIFFIN
Post-It" brand tax transmittal nienm 7671 #ofpagee .
From ?-
Co.
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dept.
- Phone N 7 `3
Far # ?
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SUBJECTt KITTY HAWK LANDING RECOMMENDATIONS
DATE: NOVEMBER 29, 1993
Although submerged aquatic vegetation exists in the area to be
dredged, the SAV's are very sparse and severely impacted from
current prop scour and boat traffic. Therefore, I have no
objection to this project and recommend we authorize it subject to
the following conditions:
I. So that the excavated channel is no deeper than the existir?g
water depths at 300' offshore, excavation shall not exceed -5'
below NWL. Staff of the Division of Coastal Management shall
establish a NWL benchmark prior to any excavation occurring-
2. The permittee shall delineate with stakes, pipes, poles; etc_
the area to be dredged. This area shall be examined and verified
by staff of the Division of Coastal management prior to any
excavation occurring. All stakes, pipes, poles, etc. shall be
removed upon completion of the excavation.
3. In order to protect juvenile shrimp and finfish populations, no
excavation will be permitted between February 1 and October 31 of
any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
4. No marsh grass will be excavated and/or filled.
5. The temporary placement or double-handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
b. No excavated or fill material will be placed at any time, in any
marsh or surrounding waters, outside of the alignment of the fill
area indicated on the workplat(s).
7. All excavated materials will be confined above mean high water
and landward of regularly or irregularly flooded marsh behind
adequate dikes or other retaining structures to prevent spill-over
of solids into any marsh or surrounding waters.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equol Opportunity Affirmative Action Employer SO%recycled/ 10% post-consumer paper
DEC-12`93 FRI 14:51 ID:DIIJ OF LOHSTHL 1•151INT TEL Nu: [phone] USS1 PO2
8. The disposal area effluent will be contained by pipe, trough, or
similar device to a point at or beyond the normal water level to
prevent gully erosion and unnecessary siltation.
9. The terminal end of the pipeline will be positioned at or
greater than fifty feet (501) from any part of the dike and a
maximum distance from spillways to allow settlement of suspended
solids.
10. A water control structure will be installed at the intake end
of the effluent pipe to assure compliance with water quality
standards.
11. The diked disposal area will be constructed a sufficient
distance from the mean high water level or any marsh to eliminate
the possibility of dike erosion into or upon any marsh or
surrounding waters.
12. The spoil area will be properly graded and provided a ground
cover sufficient to restrain erosion within thirty (30) working
days of project completion.
NOTE: The permittee and/or his contractor is urged to meet with
the Division of Coastal Management prior to project initiation.
"EC-10-'93 FRI 14:30 I U: L I V OF CUHSTHL MUMN I ILL NU: C'J1'JJ LiS-14?? FitiUl ra_

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k,'

12-17-199-7 03:06Ph1 FROL-1 Environmental Prof. Inc. TO 113 113 7-3, 1J3a P.01
ENVTONMEIVM P; 10N" INC,
Planning for a belief envfronmenr
[phone]
DECEMBER 17, 1993
MEMO TO: JOHN DORNEY
FROM: GEORGE H. WOOD CEP
SU13JECT:KITTY HAWK LANDIN APPLICATION
THIS MEMORANDUM IS TO RESPOND TO YOUR CORRESPONDENCE OF
DECEMBER 6, 1993. THE PROPOSED DREDGING AT THE MOUTH OF THE
CANAL SYSTEM OF KITTY HAWK LANDING IS TO PROVIDE CONTINUED
NAVIGATIONAL ACCESS TO THE COMMUNITY. THIS EXISTING CHANNEL
HAS SHOALED SEVERELY DURING THE PAST YEARS. BECAUSE THE
EXISTING CHANNEL IS GENERALLY DEEPER THAN THE ADJOINING
WATERS, SAVS ARE MORE SPARSE IN THE CHANNEL ALIGNMENT. IN
ADDITION, CONTINUED BOATING ACCESS HAS RESULTED IN A HIGH
DEGREE OF DISTURBANCE TO THE SPARSE RESOURCE THAT PERSISTS. I
HOPE THAT THIS ADDITIONAL INFORMATION WILL CLARIFY THE
EXISTING CONDITIONS AT THE SITE AND ALLOW ISSUANCE OF THE 401
CERTIFICATION.
I CERTAINLY REMAIN AVAILABLE TO ANSWER ANY ADDITIONAL
QUESTIONS YOU MAY HAVE.
FAXED: 1-[phone] ON 12/17/93
122 SIR WALTER RALEIGH DRIVE • KILL DEVIL HILLS, NORTH CAROLINA 27948
TOTHL P.01

- I

State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management .N
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
E H N F?
A. Preston Howard, Jr., P.E„ Director
December 6, 1993
Kitty Hawk Landing Association, Inc.
P.O. Box 923
Kitty Hawk, N.C. 27949
Project #93663
Dare County
Dear Sirs:
The Division of Environmental Management, Water Quality Section
has reviewed your plans for drdging for 26,100 square feet of water
with submerged aquatic vegetation (SAV's) at canals in Kitty Hawk
Landing Subdivision and a channel into Albemarle Sound in Dare County.
Based on this review, we have identified significant uses which would
be removed by this project. These uses are aquatic life habitat.
Furthermore, insufficient evidence is present in our files to conclude
that your project must be built as planned in wetlands. Therefore, we
are moving toward denial of your 401 Certification. Until we receive
additional 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 planned and that you have no
practicable alternative to fill of these wetlands. Specifically can
you limit your dredging to areas without SAVs? Any documentation such
as maps and narrative which you can supply to address upland
alternatives may be helpful in our review of your 401 Certification.
Please respond within two weeks of the date of this letter by sending
a copy of this information to me and one copy to our Ms. Deborah
Sawyer at the Washington Regional Office at 1424 Carolina Ave.,
Washington, N.C. 27889.
Sincerely,
Jo R. Dorney
We lands and Tech ical Review Group
93663.na
cc: Washington DEM Regional Office
John Parker, Division of Coastal Management
Wilmington Office Corps of Engineers
Central Files
George Wood
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina MA
Department of Environment,
Health and Natural Resources 4 • •
Division of Coastal Management
James B. Hunt, Jr„ Governor E> G H N F 1
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
.. l0? OFF1c?
October 15, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kitty Hawk Landing Association, Inc.
Project Location: South end of Ivy Lane, Kitty Hawk Landing Subdivision, Kitty Hawk
Dare County, Albemarle Sound.
Proposed Project: To maintenance excavate the mouth and throat of a man-made canal in
Kitty Hawk Landing Subdivision and to excavate a short access
channel into Albemarle Sound. Total dimensions of the proposed
excavation are 45' wide by 580' long by 6' deep.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by November 5, 1993. If you have any questions regarding the proposed
project, please contact David Griffin 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.
This agency objects to the project for reasons described in the
attached comments.
.. (?.??
Signed Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 509k rocycled/10% post-consumer paper
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
D 977-
NOV 2 4
u
WaRO PROJECT # ? 3 -D WQ SUPERVISOR: THqRPE
REVIEWER: SAWYER DATE: /,//.>-
WETI.AAID INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 P T NO.: COUNTY: Lo'_?
PROJECT NAME : li M? u lea s sc . -
PROJECT TYPE: e. PERMIT TYPE: _E
COE #: /
RCD FROM CDA: DCM DATE FROM CDA:
RBG OFFICE: WaRO RIVER AN
J SUB BASIN #: 71-f9S
STREAM OR ADJACENT WATER BODY: ke-' - S_?
CLASS: S STREAM INDEX #:
OPEN OR CL ED:
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTA
RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD
STORMWATER PLAN T!--Q'D• IF YES, DATE APPROVED: PROJECT DESCRIPTION: p s? a aC? ??} c uc-G ;:
WATER QUALITY CERT. (401
CERT. REQ'D. Y '
IF YES, TYPE: a,Q?? 6a
?
SEWAGE DISPOSAL VV
TYPE OF DISPOSAL PROPOSED:
(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
AREA OF FILL: WATER:- - WETLAND: - a
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING v
AREA TO BE DREDGED : ?"/0 'D
IS DREDGING ACTIVITY EXPECTED T CAUSE A SIGNIFICANT LOSS OF
RESOURCE? "-
MARINA IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? y
/
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS :
o-L ?P
r? rY
f
i
GC)
DIVISION OF ENV RONM NTAL 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: AA-Ja- 4,L
Project No.: - 2 - L'
Date Received: v -?' A
F: no. ( Date Comment : / -2- 2-
Description of Project: /
ScQ.
Comments:
I
` DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kitty Hawk Landing Association, Inc.
2. LOCATION OF PROJECT SITE: South end of Ivy Lane, Kitty Hawk Landing Subdivision, Kitty
Hawk, Dare County, Albemarle Sound.
Photo Index - 1989: 44-11: V-12, W-12 1984: 137-494: U-19, V-19
State Plane Coordinates - X: 2963800 Y: 855250
3. INVESTIGATION TYPE: CAMA and Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/29/93 10/7/93
Was Applicant Present - No No
5. PROCESSING PROCEDURE: Application Received - 10/5/93
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kitty Hawk
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Private water access
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat 26,100 sq ft
(C) Other
Highground Spoil Area 10,830 sq ft
(D) Total Area Disturbed: 36,930 sq ft (.85 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes
8. PROJECT SUMMARY: Applicant proposes to maintenance excavate the mouth and throat of a man-
made canal in Kitty Hawk Landing Subdivision and to excavate a short access channel into Albemarle
Sound. Total dimensions of the proposed excavation are 45' wide by 580' long by 6' deep.
"Kitty Hawk Landing
Bio Report
Page 2
SETTING
Kitty Hawk Landing Subdivision is located off Kitty Hawk Road near its western end,
in Kitty Hawk, Dare County. The Subdivision has several canal systems that connect to
Albemarle Sound. Excavation to create the Subdivison began in the 1950's. With the
passage of the State Dredge and Fill Law, Dredge and Fill Permit #706-72 was issued which
authorized the completion of the excavation and filling which is evident today. Currently,
several man-made canals provide water access to the residents who own property within the
Subdivision. Water depths within the existing man-made canals vary between 4' and -8'
NWL. The mouth of the main canal has shoaled over the years to a minimum water depth
of -3.5' NWL.
The mouth of the access canal and out into Albemarle Sound has a course, sandy
bottom which is fairly well packed and hard. Widely scattered, very sparse amounts of
widgeon grass (Ruppia maritima) were found just outside the mouth of the canal in
Albemarle Sound. More dense amounts of milfoil (Achillea millefolium) were found within
the canal system in the area proposed to be excavated. Water depths are the shallowest at
the mouth and increase in depth to -6' NWL approximately 400' out into Albemarle Sound
from the mouth of the canal. Waters of Albemarle Sound in the vicinity of this project are
classified as SB by NC Division of Environmental Management.
PROPOSAL
The applicant, Kitty Hawk Landing Association, Inc. proposes to hydraulically dredge
the mouth of the main man-made canal into Kitty Hawk Landing Subdivision and a short
distance into Albemarle Sound for water access. The proposed hydraulic excavation would
involve the dredging of an area 580 feet long by 45 feet wide to a depth of 6 feet below
NWL. Approximately half of the length of the area to be dredged would be within the canal
and half would be in Albemarle Sound. The excavation would remove approximately 1733
cubic yards of material which would be pumped 2000' to a piece of property owned by the
Kitty Hawk Landing Association, Inc. A diked area 114 feet by 95 feet would contain the
spoil material with the decant/effluent from the disposal being returned into the canal system.
ANTICIPATED IMPACTS
The applicant indicates this project to be maintenance excavation. The Division of
Coastal Management would consider excavation within the canals to be maintenance
excavation as they were originally excavated by human activity. However, there is no record
of any excavation ever occurring outside the mouth of the canal system. No CAMA or
Dredge and Fill permits have ever been issued authorizing excavation in or around the canal
system in the Kitty Hawk Landing Subdivision. Some milfoil will be destroyed within the
canal system by the excavation; minor amounts of widgeon grass will be destroyed. Some
localized turbidity will be created from the excavation. However, this should be short-
termed and if carried out during periods of least biological activity, minimum impacts will be
made to local fisheries.
Kitty Hawk Landing
Bio Report
Page 3
CAMA REVIEW
Local land use plan review will be submitted under separate cover by Stephen Gabriel
as soon as possible.
Submitted by: Ed Harrell/David Griffin
Date: October 13, 1993

Please type or print. Carefully describe all anticipated ..
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name1,NVIRONMENTAL PROFESSIONALS, INC.
Address 122 SIR WALTER RALEIGH DRIVE
City KILL DEVIL HILLS State N.C.
Zip 27948 Day phone [phone]
Landowner or X Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
KITTY HAWK LANDING ASSOCTATTONO INC,
P.O. BOX 923
KITTY HAWK, N.C. 2790
2 LOCATION OF PROPOSED
PROJECT

UP 2 p
If you plan to build a marina, also complete
attach Form DCM-MP-2.
b. Is the proposed activity maintehance of an t
existing project, new work, or both?
MAINTENANCE
c. Will the project.tie for community, private, or
cortrtnefdal use? !
COMMUNITY
d. NrAI1? EXIST
MAI NGS AIGApTrIoN tCHANNEL,
4 LAND AND WATER
CHARACM15tiC5
a. Size of Mntim tract
N. A;
b. Size of Individual lot(s)
N. A.
c. Elevation of tract above mean tea level or
National Geodetic Vertical Datuin
4'
d. Soil type(s) and texture(s) of tract
sandy loam
a. Street address or secondary road number
KITTY HAWK ROAD e. Vegetation on tract t,AWN GRASS
b. City, town, community, or landmark
KITTY HAWK
c. County DARE
g•
d. Is proposed work within city limits or planning
jurisdiction?_ YFS
e. Name of body of writer nearest project
ALBEMARLE SOUND
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier)._ _MAINTENANCE DREDGING
f. Man-made features now on tract BOAT RAMP
What Is the CAMA Land Use Platt Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural other "sY'
h. How Is the tract zoned by local goverrunentl
RESIDENTIAL
i. How are adjacent waters classified? } {'
SC
J. Has a professional arehaeolo lcal survey been
carried out for the tract? NU if so, by whom?

a U 1' t_ H N U U t V t L V P M t N l _._.-------
Complete this section If the project includes any Iii
development.
p9
a. Type and number of b it ings, facilities, or SE? ,?
stntcturesproposed WAttt supply source ?L:A:
0 ti. It tilt to1ect is oceanrrotit development
h describe
b. Numbet of lots or parcels N. A.
c. Density (Give the number of residential units and the
units per acre.) N. A,
d. Size of area to be raded r disturbed
3sSee- We.?;N J -N. t y t 1? ? ? } o.
e. It the proposed project will disturb more than one
acre of land, the Division of Land Itesoutces Irmo
receive All erosion and sedimentation conttot plan at
least 3o days Woe land disturbing activity begins.
If applicable, has A sedimentation and erosion
control plAH been submitted to lie Divislott of Land
itesoutces? N. A.
f. Give the percentage dt the tract within 75 teet of
mean high water to be covered by Impermeable
surfaces, such As pavement, buildings, toottops.
-O-
g. List the materials, such AS marl, paver stonc; asphalt,
or conctelt, to be used tot paved surfaces.
N,A4
h. It applicable, has A sto"watet triAnagerrtent plan
been submitted to the Division of 1?ttvironmentat
Management? N,A,
1. Describe proposed Sewage disposal And/or wAste
water treatment facilities.
N.A.
j. ,-
I lave these tact IIdes tecelved statelot local apptovat?
N.Ai
k. Describe existing lteatmeht tacilities.
NONE
1. Describe location ahd type otdischarges id Watets of
the state (tot example, surface runoff, sanitary
wastewattr, industNal/coMtiietciat effluent, "*Ash
down"). - NONE
the steps that will be Iaketi to Maintain estAbllshed
public beach AccesswAys tit provide new Items.
It the project is on the oceanfront, what *111 be the
elevation Above mean sea level tit tat fit31 habllebte
floor?_ NiA,
G P-XCAVAtION ANd PILL
INFO MATION
a. Describe below the purpose tit ptoptlsed extrAvAllon
of till activities (excluding bulkMAds, which ate
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water; Piet,
boat t-Amp,
tuck jetty)
Pill placed in
wetland tit below
MIIW
Upland till
great
Length Width bbpth
580, 45, -6'
b. Amount bf Mtl MAI to be WAvaled hotAbelow
water level In cubic yards 1 y 7 3 c. y u.
c. TypeofmatetiAl
sand
d. Does the Area to be 6xcAvAled Include MAtahlAhd,
swAmps, tit tithet WttiAhdt?
- NO
t. ltigil MUM exchvAllon, lh cubic ystds

SEP 2 (1 93
f. Dimensions of s it disposal area ?
10 C'J i Srtdt 0 11 X 9S wu
g. Location of spoil disposal area community access
area
h. Do you claim title to the disposal area? YES
If not, attach a letter granting permission from the
owner.
I. Will a disposal area be available for future
maintenance? YES
If so, where? SAME LOCATION
j. Does die disposal area include any marshland,
swamps, or water areas?
k. Will the till material be placed below mean high
water? NO
1. Amount of fill in cubic yards
N. A.
m. Type of fill material N. A.
n. Source of fill material N. A.
o. Will fill material be placed on marsh or other
wetlands? N. A.
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
CONTAINED BEHIND DIKE DISPOSAL AREA
SMOOTHED AND GRASSED AFTER DEWATERING
r.
What type of conass?tl1ruction egghhig??pment will be used
(for example drRPC[J?ne bDREIX?borhydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? NO If yes, explain steps that will
be taken to lessen environmental impacts.
N. A.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N. A.
c. Shoreline erosion during preceding 12 months, in
feet - N A
d. Type of bulkhead material
N. A.
e. Amount of fill, In cubic yards, to be placed below
mean high water N. A.
f. Type of fill material
N. A.
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant Is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted, Blue-line
prints or other larger pints are acceptable only if 16 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. 't'hese In-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance waterward of mean high water or
normal water level N. A.
Name Af VIS AFACHAM
'Address P.O. BOX 410
KITTY fiAWK, N.C. ?--
Name _GORDON JONES
Address 4108 IVY LANE:
KITTY HAWK; 1UT-77 +TT

Name
Address
A list of ptt,vlous state bf tedtfal pti-inits issued for
work on the ptnject ttact. Include pettnit hutnbets,
permittee, and Issuing dates.
A check tot $100 made payable to die hepAtlmeht of
NatUrat Resources AM CdtnhtUnlty t)evelopttient tb
cover the costs of processing the ApplicAtlon.
A signed AP C Hiatd notice tot projects In bceanfroht
and inlet Areas.
A SiMetnent oil flit list, of public funds. If file project
involves the expenditure of public rands, attach A state-
ment doctnnttiling tompliAHce Mill the Notth CatolitiA
Environmenfal Policy Act (N.C.U.S. I IIA-1 to 10).
g COMPI(CAtION ANN MMI818I0N
td Mt" ON LAW
Any ptnnit issued In tespottse to this ApplItAHUH will
allow only llie developrfteHt &§ctibed 1H the tapplleAlItih.
11* project will 4 sii6)ect to caHdltfotis And MAitlctldhs
contained Ili tilt pett"It.
I certify that to the best of my knowledge, file ptdpmed
activity cotflVII8 witli i1t6 State btNtitth CAto11HA'3 Ap-
proved CoAmAI MAHAg6titeht ProgtAht Ahd w111 be tbti-
dtictcd ih A hianHet consisteht with such ptogtAtN.
I ratifier certify that t Ant Authodted to gtaht, AM do In
fact, grant pettnisstoh td ftol-60"tAtIM tit §106 IHd
tederat teview Agencies to tnt6t off the Albtefiefilloft6d
lands Ili cottHtctibH with evAluAHtig IhtwMAl18H ft hied
to this permit AppHcAttoh AM tdlldui-tip fNbHitddli f Ot
pfoject.
This is the 17th day of SMEA MR 1093.
x
Lan owner r Authorized age
?O
0 q'?
Zvi