19930802 Ver 1_COMPLETE FILE_19930902

AV.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 18, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400002
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:

Reference the application of Messrs. Hollis Creecy, Harry Webb and Gerald
Roback for a Department of the Army permit to construct and backfill a
bulkhead on Albemarle Sound, Colington Harbor, Kill Devil Hills, 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. The bulkhead will be positioned on a straight alignment between the
corners of existing bulkheads on adjacent property.
C. All backfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
d. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
e. No vegetated wetlands will be excavated or filled.
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.
W 46
-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 in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, 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:
,(- 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
Wetlands Section
Water Quality Branch
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 mYA
Division of Environmental Management James B. Hunt, Jr., Governor ET4 J
onathan B. Howes, Secretary ? NJ A. Preston Howard, Jr., RE., Director
October 18, 1993
Hollis Creecy, Harry Webb & Gerald Roback
c/o Michael Byrne
B & B Associates
1404 Harbour View Drive
Kill Devil Hills, N.C. 27948
. Mr. Byrne:
ubject: Proposed fill in wetlands or Waters
1 Bulkhead construction
Dare County
DEM Project # 93802
Upon review of your request for 401 Water Quality Certification
to place fill material in 912 square feet of waters which are
tributary to Albemarle Sound for bulkhead construction located at lots
9, 10 and 12 of Section U, Colington Harbor Subdivision in Dare County
as described in your submittal dated 29 September 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2665. A copy of the General Certification
is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 13.
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.
1786If you have any questions, please contact John Dorney at 919-733-
.
Sincerely,
Preston How Jr. P.E.
93802.1tr
Attachment
cc: Wilmington District orps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
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
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
ID FE F1
WASH NGTONZ©FFICE
SAP 2 9 1993
September 28, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, Direct 'r
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hollis Creecy, Harry Webb and Gerald Roback
D. I- t;1.
Project Location: Lots 9, 10 and 12 on Rhodems Drive and King Edward Court, Colington
Harbor, adjacent Albemarle Sound, Dare County
Proposed Project: To replace a collapsed 57 foot long bulkhead along the estuarine
shoreline an average of 16 feet waterward of NWL and maximum
distance of 17 feet waterward of NWL.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 19, 1993. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY V 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
attached comments.
Signed
the project for reasons described in the
Date 16 I 163
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
14
To: John Dorney
Planning Branch

• DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # 3-07- L WQ SUPERVISOR: THOFPJ?
REVIEWER: SAWYER DATE: 1601-T-3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 P NO.: COUNTY: 4a?p
PROJECT NAME: Gv?b- i Z:- 4-
PROJECT TYPE: PERMIT TYPE: 49?COE
COE #: DOT #: /
RCD FROM CDA: ? DATE FRO M CDA: T12-71S3
REG OFFICE: W RPM AND SUB BASIN #: ?S
STREAM OR ADJACENT WATER BODY: nt (/
CLASS : f?- STREAM imEx 3C)
OPEN OR LOS
WL INPACT- WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE. TING SHEET ATTACHED?
RECOMMENIDAT]
[ON . ( -ISS ISSUE/COND DENY
--
HOLD ,
STORMWATER PLAN REQ'D- IF S, DATE ?AP?+ROVEED: t h?}"?'•
PROJECT DESCRIPTION: Y' oa e, Pe F?r'a? t5
WATER QUALITY CERT. (401
CERT. REQ'D: Y
IF YES, TYPE:i
SEWAGE DISPOSAL
TYPE OF DISPOSAL- PROP ED:

(MISTING PROPOSED, ?FPTIC _
TANK :kC.)
TO BE PERMITTED M. -
(DEM, DHS,?
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL -
2-
AREA OF FILL: WATER: ?1L .
WETLAND: - O
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: A(tr P
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? I
/_) 2-1p
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office
A
DIVISION OF ENVI 0 ENTAL 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.: J -d 7t/ -
Date Received: q12-2Z-2 -3
/
F.na( Date Comment: d ! 3
i
Description of Project: /
Sc2 A??ed
Comments:
I
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hollis Creecy, Harry Webb, Gerald Roback
2. LOCATION OF PROJECT SITE: Lots 9, 10 and 12 on Rhodems Drive and King Edward Court,
Colington Harbor, adjacent Albemarle Sound, Dare County
Photo Index - 1989: 144-18 S-6 1984: N/A
State Plane Coordinates - X: 2968100 Y: 835900
f?+'_cElvc?
INGTGN UFFICF
3. INVESTIGATION TYPE: CAMA/D&F b:'aSFI
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/26/93
Was Applicant Present - Represented ??• rt..
5. PROCESSING PROCEDURE: Application Received - September 15, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - On-site septic
Planned - N/A
(F) Type of Structures: Existing - Single family dwelling
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 4 ft.
Source - Field Rep
7. HABITAT DESCRIPTION: [AREA)
DRED UED LL®
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat 912 sq. ft.
(C) Other
(D) Total Area Disturbed: 912 sq.ft. (.02 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants propose to replace a collapsed 57 foot long bulkhead along
the estuarine shoreline an average of 16 ft. waterward of NWL and maximum distance of 17 ft.
waterward of NWL.
Hollis Creecy, Harry Webb, Gerald Roback
Bio Report
Page Two
Site Description
The applicants, Hollis Creecy, Harry Webb, and Gerald Roback own lots 9, 10, and
12, respectively, of Section "U" within the Colington Harbor Subdivision in Kill Devil Hills,
Dare County. The lots are approximately 200 feet deep and front Albemarle Sound a total
distance of 57 linear feet. Lot 11, which lies between lots 10 and 12, has no sound frontage
and is not a part of this project. In the early 1970s the Colington Harbor developers
bulkheaded all of their lots which fronted the sound, the man-made basin and canals.
Although the original concrete bulkhead still exists on the lots abutting this project, the
original concrete bulkhead which was constructed on lots 9, 10, and 12 has collapsed,
allowing Albemarle Sound waters to erode away portions of these lots. The 1989 aerial
photos indicate that the bulkhead was intact at that time.
During a field inspection on August 26, 1993, it was determined that the limits of the
normal water level currently lies a maximum distance of 17 feet landward of the original
bulkhead alignment with an average distance landward of 16 feet. A 10-inch tall erosion
scarp lies 2'-3' landward of and parallel to the normal water level. There is a sharp increase
in elevation as one moves landward across the 10'-12' sandy unvegetated beach lying
landward of the scarp. On the landward side of the unvegetated beach, grasses such as
Bermuda grass and centipede grass are present and these lawn type grasses extend landward
to the paved right-of-way. A single family structure has been built on the middle lot (lot 10)
and the lots on the north and south remain undeveloped.
The applicants propose to replace the original bulkhead across lots 9, 10, and 12 in the
same alignment with a 57' long wooden bulkhead which would tie into the existing bulkheads
on either side of the projection a straight alignment.
Anticipated Impacts
No coastal wetlands will be impacted by this project. The placement of the bulkhead
and necessary backfill will eliminate 912 square feet of shallow water habitat. Some short-
term local turbidity will be caused by this activity.
CAMA Review
No archeological/historical significance has been associated with this site. No unique
remnant species or geologic formations are known to exist within the project area.
Land use plan consistency review is underway and will be submitted concurrently with
reviewing agencies comments.
Submitted by: M. Edward Harrell Date: September 28, 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. Name 3 /APP ic.y? i s
Address S E? ?ivc l a s??,/ O6?N6? 5
City
State
Zip Day phone
Lamer
b. Project name (if any) /L
,6 9? 6 / 5je c_
Authorized agent
r,ve
c. If the applicant is not the landowner, also give the
owner's name and address.
,3 .? ? Svc Lo sE ?
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
re/1o DdAf s h4lve
b. City, town, community, or landmark
COL?w 3'ov by , . leiZ L A15 a.1 /V/U5
?L
c. County &I 4e-
d. Is proposed work within city limits or planning
jurisdiction? f(IO
e. Name of body of water nearest project
AL 6,610714,0 4 z S'o v,v 0
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
} I' '"U
If you plan to build a marina, also complete and
attach Form DCM-MP-2. AEG (i'93
b. Is the proposed activity maintenance of an
existing project, new work, or both?
,;1,: a•r
,?v le, U/ Welt&
c. Will the project be for community, private, or
commercial use?
)O,t A i F
d. Describe the planned use of the project.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract SG . 3 3
3,01f
b. Size of individual lot(s) /7.-13 * /l. d/. / 9. 3,f
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract W /AE 4/f 5.5
Man-made features now on tract -t/-/40 //v 6,5&
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed _ ?Community
Rural Other
h. How is the tract zoned by local government?
E_5 T,,g L
i. How 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? _ AZO If so, by whom?
or pier).X,641? c x-?, 6v L X% A4W _
414L Td CLADE
12/89
5 UPLAND DEVELOPMENT N?j
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed--- ____
b. Number of lots or parcels
--..____
c. Density ((rive 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 sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within ?S feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. It applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
J. (lave these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
whs ewaterrlndustrlal/commercial effluent, wash
down"). `- -------- - ------ - -
2 fir; ?
1
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the tint habitable
floor? -
6 EXCAVATION AND FILL
INFORIAMION
a. Describe below the purpose of proposed excavation
or till activities (excluding bulkheads, which are
covered in Section 7). - A-,//I
Length Width Depth_
Access channel
(MLW) or (NWL) F?'-? 1
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MNW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. Nigh ground excavation, in cubic yards
12/99
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap G , 3 3
b. Average distance waterward of mean high water or
normal water level /oO G/j 7-
c. Shoreline erosion during preceding 12 months, in
feet __ i 8 _
d. Type of bulkhead material SAS % %,e4/ca! Lyon
c. Amount of fill, in cubic yards, to be placed below
mean high water l8' ' X y , X 51 ' = /.S.? e,c
f. Type of fill material _C' L??9iv ? AVA_ _
S ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
3 ?A ?ic'Gla ???
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 plats arc acceptable only if 18 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 mad (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
RF'(:lm?T1 I
12/89
Name Cl)
Address _?_!_ OvEtiC LilniAR
_Y
1/19, $EAc ll LZ I _ p3 y_e'.t --
/w,![/lr - i/!7 - 1L 77
.e) / - SleV
Name ?
-WA Ale k.""v._v_EV C/-/3_-
Address 5 7-A fl

4/ 0 6 -5
Name
------ -- --- -
Address
A list of previous state or federal permifs Issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
jSe
A check for $W made payable to the Department of
Envimnment, health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of pubtle funds. If the project
involves the expenditure of public finds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.O.S. 113A-1 to 10).
9 CrEpTIFICATION AND pF-pMISSION
TO ENTER ON LAND
Any hermit Issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained In the permit.
1 certify that to the best of my knowledge, the proposed
activity complies with the Stale of North Carolina's np-
proved Coastal Management Program and will he con-
ducted in a Manner consistent with such program.
I further certify that 1 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 informatinn related
to this permit application and follow-up monitoring of
project.
This is the day of 19.9
/I)4'e4d
Landowneror Hull orizcd , cat
B & B Assodat"
14M Harbour Vlew DtWtit
IM ObA Hft NC 2
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17/89

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Owner Kill Devil Hills, NC 17948

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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hollis Creecy, Harry Webb, Gerald Roback
2. LOCATION OF PROJECT SITE: Lots 9, 10 and 12 on Rhodems Drive and King Edward Court,
Colington Harbor, adjacent Albemarle Sound, Dare County
Photo Index - 1989: 144-18 S-6 1984: N/A ""---
State Plane Coordinates - X: 2968100 Y: 835900 D 0--
3. INVESTIGATION TYPE: CAMA/D&F E 6
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/26/93 WETLANOSGROUP
Was Applicant Present - Represented WATER QUA! iTY SECT!0fl,_,_
5. PROCESSING PROCEDURE: Application Received - September 15, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - On-site septic
Planned - N/A
(F) Type of Structures: Existing - Single family dwelling
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 4 ft.
Source - Field Rep
7. HABI'T'AT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat 912 sq.ft.
(C) Other
(D) Total Area Disturbed: 912 sq.ft. (.02 acre)
(F) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants propose to replace a collapsed 57 foot long bulkhead along
the estuarine shoreline an average of 16 ft. waterward of NWL and maximum distance of 17 ft.
waterward of NWI,.
Hollis Creecy, Harry Webb, Gerald Roback
Bio Report
Page Two
Site Description
The applicants, Hollis Creecy, Harry Webb, and Gerald Roback own lots 9, 10, and
12, respectively, of Section "U" within the Colington Harbor Subdivision in Kill Devil Hills,
Dare County. The lots are approximately 200 feet deep and front Albemarle Sound a total
distance of 57 linear feet. Lot 11, which lies between lots 10 and 12, has no sound frontage
and is not a part of this project. In the early 1970s the Colington Harbor developers
bulkheaded all of their lots which fronted the sound, the man-made basin and canals.
Although the original concrete bulkhead still exists on the lots abutting this project, the
original concrete bulkhead which was constructed on lots 9, 10, and 12 has collapsed,
allowing Albemarle Sound waters to erode away portions of these lots. The 1989 aerial
photos indicate that the bulkhead was intact at that time.
During a field inspection on August 26, 1993, it was determined that the limits of the
normal water level currently lies a maximum distance of 17 feet landward of the original
bulkhead alignment with an average distance landward of 16 feet. A 10-inch tall erosion
scarp lies 2'-3' landward of and parallel to the normal water level. There is a sharp increase
in elevation as one moves landward across the 10'-12' sandy unvegetated beach lying
landward of the scarp. On the landward side of the unvegetated beach, grasses such as
Bermuda grass and centipede grass are present and these lawn type grasses extend landward
to the paved right-of-way. A single family structure has been built on the middle lot (lot 10)
and the lots on the north and south remain undeveloped.
The applicants propose to replace the original bulkhead across lots 9, 10, and 12 in the
same alignment with a 57' long wooden bulkhead which would tie into the existing bulkheads
on either side of the projection a straight alignment.
Anticipated Impacts
No coastal wetlands will be impacted by this project. The placement of the bulkhead
and necessary backCrll will eliminate 912 square feet of shallow water habitat. Some short-
term local turbidity will be caused by this activity.
CAMA Review
No archeological/historical significance has been associated with this site. No unique
remnant species or geologic formations are known to exist within the project area.
Land use plan consistency review is underway and will be submitted concurrently %0th
reviewing agencies comments.
Submitted by: M, Edward Harrell Date: September 28, 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 pro,iects.
1 APPLICANT
a. Name
Address _ .S ?L ?ivG 1 a 3e, 0 v,N,?? s --
City _ State
1)
If you plan to build a marina, also complete and
attach Form DCM-MP-2. 7 t1 `?
b. Is the proposed activity maintenance of an
existing project, new work, or both? fry
----- wow---rvo?e,K- -- -
c. Will the project be for community, private, or
commercial use?
d. Describe the planned use of the project.
Zip Dayphonc_
/5 q/3
-_ Landowner-or Authorized agent
b. Project name (if any) Nc,vl
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _ SG 3 3 7-
3
h. Size of individual lot(s) _17,Y3 3_l
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
- - --AtiA-
a. Street address or secondary mad number
_-10 Q dM 5 04" _ e. Vegetation on tract __W1Ac
b. b. City, town, community, or landmark
2 /?// LL S F. Man-made features now on tract
c. County-&,!.,° g. What is the CAMA Land Use Plan Classification of
d. Is proposed work within city limits or planning the site? (Consult the local land use plan.)
jurisdiction?___O Conservation _ Transitional
e. Name of body of water nearest project Developed -"Community
92- 0Z7A? L E Sov.v Q _ - Rural Other
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)._XX L .E'//,-4 _
h. flow is the tract zoned by local government?
i. flow are adjacent waters classified?
j. Ilan a professional archaeological sur,ev been
carried out for the tract'? _AJO if so, by whom?
12/8Q
5 UPLAND DEVELOPMENT L/? -- -- --- --- -- ------ -- -- - - - ---
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or M. Water supply source
structures proposed __-_
n. If the project is oceanfmnt development, describe
the steps that will be taken to maintain established
h. Number of lots or parcels public beach accessways or provide new access,
c. Density ((live the number of residential units and the - - -- ----- -- - - -
- - -- -
units per acre.)- -- - -- ---- ------- --
d. Size of area to be. graded or disturbed o. If the project is on the oceanfront, what will he the
----- ------ --- -- - elevation above mean sea level of the first hahitahlc
e. If the proposed project will disturb more than one floor?-
acre of land, the Division of Land Resources must -- --- ----- - - - - - --
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
6 EXCAVATION AND FILL
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land INFORMATION N?,q
Resources?
f. (live the percentage of the tract within 75 feet of a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
mean high water to he covered by impermeable co
covered in Section 7).
surfaces, such as pavement, buildings, rooftops.
Length Width Ueplh
g. List the materials, such as marl, paver stone, asphalt, /access channel
or concrete, to be used for paved surfaces. (MI-W) or (NWI,)
Boat basin
h. If applicable, has a stormwater management plan Other (break-
been submitted to the Division of Environmental water, pier,
Management?_ hoot ramp,
rock jetty)
i. Describe proposed sewage disposal and/or waste
water treatment facilities. Fill placed in
wetland or below
--- - -- h4 f I W
j. Have these facilities received state or local approval? Upland fill
areas
b. Amount of material to he excavated fmrn below
k. Describe existing treatment facilities. water level in cubic yards
C. "Lyle of material
------ d. Does the area to he excavated include marshland,
1. Describe location and type of discharges to waters of swamps, or other wetlands?
1 , the)stale (for example, surface r nnff, sanitary
"
wash
wastewater, industrial/commercial effluent,
"
e. High ground excavation, in cnhic varis
_-__
down
).

fRa

f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? -
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? - _-
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 31_
c. Shoreline erosion during preceding 12 months, in
feet
-_j--------- ---
d. Type of bulkhead material 5171-2- U_)00
c. Amount of fill, in cubic yards, to be placed below
mean high water/f" ' X Y' X 61 '
f. Type of fill material C 4644", .5"94) A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:,
3 .6A XlGla S??
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
decd 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 all 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 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 arc acceptable only if 18 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 mad (SR) numbers, landmarks, and
the like.
A storrnwater 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 comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
K Average distance waterward of mean high water or
normal water level
12/8Q
Name)
Address J? 3 o?F.?_<.?.vd-°?- - ----------
V1
,-JE/?6J/l
-- 3y?%? ---
pee /,/ 97
?L 77
-
Name
Address 57-A
-f ' -- --- -
/t/6w ,14K_ -/G? /d o / ---- -
-
Y 7,) U G y
Name ---
Addre ss
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
L4 ti, E
JS0
A check for $W made payable to the Department of
Environment , Ilealth & Natural Resources to cover the
costs of processing the application.
A signed AFC hazard notice for projects in oceanfront
and inlet areas.
A stafernent on the ust of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Envimnmental Policy Act (N.C.C1.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any hermit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
certify that to the hest of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will he con-
ducted in a inanner 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 aforrmentinned
lands in connection with evaluating information relaicd
to this pennit application and follow-up monitoring of
Project.
111is is the - f/?--_ day of _-I 9Yyv-3 / 19 S'3
I.su-idowner-or Autl orizcd ent
14M Nrirbour View Dti"
tm Devil H* NC 2194
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` dill D?Ml HiUs NC 27948

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B B & B Associates
Balkheading • Docks • Decks
Boat Lifts • Shallow Wells
(919) 441.05 7 7
Mike Byrne 1404 Harbour View Dri"
Owner Kill Devil Hills, NC 27Q48
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L1 r 9 Ki11 Devil Hills, NC 27948
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00 J?
NOTICE OF FILING OF OC 6 1`
APPLICATION FOR CAMA MAJOR DEVELOPMEN
PERMIT AND WATER QUALITY CERTIFICATION 6-
WETLANDS Gtioi, ... .
WATER QUALITY SECT. -`)
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 Hollis Creecy, Harry
Webb and Gerald Roback of Dare County, filed an application on September 15, 1993, 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 HOLLIS CREECY, HARRY WEBB AND GERALD
ROBACK propose to replace a collapsed 57 foot long bulkhead along the estuarine shoreline
an average of 16 feet waterward of NWL and maximum distance of 17 feet waterward of
NWL. The property is located at lots 9, 10 and 12 on Rhodems Drive and King Edward
Court, Colington Harbor, adjacent 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 M. Edward Harrell, 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 Management proposes to take final action on this
water quality certification on or before October 28, 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
October 23, 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
October 18, 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: SUNDAY, OC'T'OBER 3, 1993
?. , ? - u Y W lyi
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS off 20M
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 ;F011U1PLITY DS GROUN?
October 12, 1993 SEC TION
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400002
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Messrs. Hollis Creecy, Harry Webb and
Gerald Roback for Department of the Army authorization and a State Water
Quality Certification to construct and backfill a bulkhead on Albemarle Sound,
Colington Harbor, Kill Devil Hills, Dare County, North Carolina. Your receipt
of this letter verifies your acceptance of a valid request for certification
in accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification 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 December 13, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri
gula ory Branch
Re
eChite
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
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
!6 V
I I `TUUIJ?cx
State of North Carolina / ?
Department of Environment, XAA
LT
Health and Natural Resources • •
-Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N, Schecter, Director
MEMORANDUM:
TO: Cliff Winefordner
FROM: Ed Harrell
SUBJECT: Application for CAMA Major Permit
DATE: September 28, 1993
A IL
ID FE F=1
Attached is an application by Hollis Creecy, Harry Webb, and Gerald Roback, which
was received by me on September 15, 1993. I am considering this application complete,
have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
Enclosures
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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. Name 3 IW I_icifN% 5
Address 5d56 f vc 1 a s6c1 OCWXA S-V-5
City State _
Zip Day phone
Landawue"r '69,15
/9 5.5c C_
Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
5L6 i5 WC Le 544
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
/y/O OG/N S ®?/yC
t)
If you plan to build a marina, also complete and
attach Forth DCM-MP-2. '95
b. Is the pmposed activity maintenance of an
existing project, new work, or both? r,,,;;r:? aMr
/vow u/o41e
c. Will the project be for community, private, or
commercial use?
Ac I'm
d. Describe the planned use of the project.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract S? 3 3 /iT
3,510 -
b. Size of individual lot(s) 17, y3 c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
,41, 0
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract
b. City, town, community, or landmark
L_'OLiw4 J'o.v /?i32 f ?i L L ®??.1 /yi ? S f
Al e'
c. County /?4e
d. Is proposed work within city limits or planning
jurisdiction? 'tl0
e. Name of body of water nearest project
i9L J .•1 A,e 44 SO n
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you pmpose (for
example, building a home, motel, marina, bulkhead,
or pier). 44l c w to Z A,//04.1
411- L .7_? (.; 64
Man-made features now on tract V-/D v?
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed /Community
Rural Other
h. How is the tract zoned by local govemment?
?ES.o?.L T; A L
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? - NO if so, by whom?
12/89
5 UPLAND DEVELOPMENT N114
Complete, this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed_
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 sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List die materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, fins a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will he taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will he the
elevation above mean sea level of the first habitable
tler7
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkhead- s, which are
covered in Section 7).
Length _ Width Depth-
Access channel _
(MLW) or (NWL)??-
goat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
j. Have these facilities received state or local approval? Upland fill
areas
k. Describe existing treatment facilities.
I. Describe location and type of discharges to waters of
l?F? c hs ewaterrindu trial/commercial effluent, "wash
down").
--- - ------ --
1?11f' ?
9 fr. ? m•1
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material ---- ------- -- ---- _
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. high ground excavation, in cubic yards
t 2 /it Q
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r.
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap S-G , 3 3
b. Average distance waterward of mean high water or
normal water level T
c. Shoreline erosion during preceding 12 months, in
feet 4
d. Type of bulkhead material SAG j 1,eE.4/cal U.)no I
e. Amount of (ill, in cubic yards, to be placed below
mean high water /8" ' X y' X Sl ' = /S? 5-c/ijl=
f. Type of fill material -C 46/1 519,V A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
3 '?r /? XAY'- Le -5Ga?
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
decd 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 710203 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 18 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 mad (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
' Flr.?r-n?t1 '
12/89
NameCl) F
Address ;? 3 /_ OAF /??vd_,2o?
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/a??UIE ?) / Pe IV . s/f-1 - :f- 77
Name ?) _WQ re /j1c k/N46
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Address ,
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7? -06
Name '
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
- - /t/d A,1 E-- - - - - - - - -
,?so
A check for $It+AA made payable to the Department of
F,nvironment, Health & Natural Resources to cover the
costs of processing the application.
A signed AFC hazard notice for projects in oceanfront
and inlet areas.
A stafetnent on the use of public funds. if tile pmject
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
F.nvimnmental Policy Act (N.C.a.S. I I3A- I to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this applicatinn will
allow only the development described in the application,
The project will be subject to conditions and restrictions
contained in the permit.
certify that to file hest of my knowledge, file pmroqed
activity complies with the Stale of Nnrth Carolina's ap-
proved Coastal Management t'rngram and will he con-
ducted 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 stale and
federal review agencies to enter on the aforementioned
lands in connection with evaluating ittfnnnation related
to this permit application and follow-up monitoring of
Project.
This is the /0--- day of o 93
X ot?
I.andowneror Autl orized , cot
13 & B Associates
1404 Harbour View Dtf*
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Owner Kill Devil Hills, NC 27948
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