19951007 Ver 1_COMPLETE FILE_19950919

DIVISION OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
DWQ Investigator: At Saw -C 4- DW # g500
Date : J Z?II ?I Time: Regional Office: County:
Project Name: CN -N 5'a K
Permi ttee: Co fly sit r K ,O? y??o/G' 6tii ?'vl C 0D
Location of Project: Off VC 17 A yo a7
Type of Development Authorized:
Type of Permit / Water Quality Certification: CA CIA / 305
Type of Impact: CX Cctva'?lavl of
Wetland Type and DWQ Rating: /
Nearest Stream- lua-r°i?e?^s C,ov-e
Basin/Sub.:
Distance of Wetland Impact from Nearest Surface Water: t111-441,1 /SG''
Specific 401 Conditions:
to +s / 2f aLJ3
(11// "Iel 4e- Jale C,4-1
Gz 5 5 CiO,-v GZ ®a? l Gt E' V 7 i! !' j/` 41
Is project in compliance with all conditions: Y / N

Comments / Description: //
Is there a violation of the 401 Certification authorization ? ?/C)
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
Signature: Date:
?3/2Sl?y
DWQ 12/96
ENFORCEMENT
1. Is there a previous history of 404 / 401 activity on the property?
If so, give any details:
Nature of Violation (fill, excavation, etc.):
Acres:
Wetland Rating (if possible):
Significant uses impacted: _
Were downstream uses impacted?
Could- the impacts have been avoided or significantly minimized?
Could the activity have been authorized?
Is restoration or mitigation appropriate for the unavoidable impacts?
Staff Recommendations for Future Action:
State of North Carolina
Department of Environment,
Health and Natural Resources 4 • •
Division of Environmental Management
MOM
James B. Hunt, Governor p E H N R
Jonathan B, Howes, Secretory
A, Preston Howard, Jr., P.E., Director
December 27, 1995
Darc County
DEM Project # 951007
APPROVAL of 401 Water Quality. Certification and ADDITIONAL CONDITIONS
Cutty Sark Development Company
P. O. B 220 FILE COPY
Avon, N.C. 27915
Dear Sirs:
You have our approval to place fill material in 7,000 square feet of wetlands or waters and
dredge a canal for the purpose of constructing a residential subdivision at Bonito Road and Due East
Way in Avon, N.C., as you described in your application dated 12 September 1995. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Number 3025.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Wetland fill shall not be done on lots 1, 2 and 3 as shown on the 8/28/95 site plan. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
T Attachment
cc: Washington DEM Regional Office
Mr. Jolul Dorney
Central Files
Mr. George Wood
Mr. John Parker; DCM
951007.1tr
I "A4
stop Howard,
Jr. P.
.
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
RECEIVED
SEP 1519954
ENVIRONMENTAL SCIENCES
ru
MEMORANDUM
September 12, 1995
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CkMA/DREDGE & FILL Permit Application Review
Applicant: Cutty Sark Development Corp.
tvpSH RECEIVED
FFICE
f? 13 1995
Project Location: Between Bonito and Due East Way off NC 12, Avon, Dare County,
Pamlico Sound
Proposed Project: Develop a 10.3 acre tract for a residential subdivision, excavate
2,800 ft. of an existing canal and channel in Mill Creek, remove
12,314 cubic yards of material from below NWL and a road crossing
within the AEC filling 7,000 sq. ft. of 1404' wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 3, 1995. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
T s 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
Signed
q 51067
LT. A Imp; WA
[DaHNF;Z
gS
Date J4 2-L
1367 U.S. 17 South, Elizabeth city, North Carollna 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Actlon Employer 50% recycled/ 10% post-consumer paper
! ...
MEMORANDUM
p December 22, 1995

To: Johns Dorney
Flom: Deborah Sawyer
Subject: Comments on CAMA Dredging Projects
Worm -him of_ N xtus of these projects. The comments are as follows: ,gVwA
Aare Cou, ?/O1WC: Kitty IIawk Boat Basin: Refer to comments submitted on 10/1 1/95
(attached). Rego Ua
?? - Requested a ibWet to be pet formed due to ivmasW depth. s ?° "
NIX? .
Please. find attached comments on dredging projects which you requested. Please forward the
final comments to john Parker at 'the Raleigh office of the Division of Coastal Management.
Also, please contact George Wood of Environmental Professionals, Inc. at [phone] to
Date County/OIWC: A & B Seafood Project; SAWS present. Central office to make U
qW. on as to sigma of loss- CDF has insufficient holding capacity to dredge
the entire project in one phase. In older to maintain a 2' frc4b ara as well as a 2:1 ratio
for holding capacity; applicant should dredge in 2 phases of approximately 600 cuyds_
of dredge material per phase.
1 LL/?J1JJ1 WIIV L1.rV as .,? iv-vi 1 .va v-i
Dare County/OIWC: perry-Nunemaker Project: Applicant should maintain a 2' f~•eetxwd
and a 2:1 ratio of discharge to holding capacity. This can be accomplished by dredging
in 2 phases,with no pater train 700 cuyds. of dredged ruaftwial discharged into the CDF
during any g/haae.
i?
Dare County/01WC: Manus Harbor Boat Basin: SAV evaluation needs to be performed,
appumtjoin not conclusive as to degnco and type of presence. CDF insufficient tQ hold all
-pq'sed dredged material in one phase- In order to maintain a 2' freeboard as well as
a 2:1.ratio of holding capacity to discharged dredge material, applicant should dredge in
3 phases of no greater than 650 cuyds_ of dredged material discltargc into Crib during
any one phase (1,333.33 cuyds. holding capacity with a 2'f eeboard)
Refer to comments on 10/11/95 (attached). Requested a model to W
arm due to increased depth. `? -
S?
If you a any questions or comments, please call, Thank you.
WOW
cc: Jimmy Overton
Roger Thotpe
$2 ? 0415.

?eoy
Q
t 9t -rryl-
M\

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Cutty Sark Development Corporation
2. LOCATION OF PROJECT SITE: Between Bonito Road and Due East Way off NC 12 in Avon,
Dare County adjacent to a man-made canal off Pamlico Sound.
Photo Index - 1989: 5-202:7 O,P,Q 12-15 1984: 144-137: N,O,P 2-4
State Plane Coordinates - X: 3042000 Y: 604000
3. INVESTIGATION TYPE: CAMA/D&F e -
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 23, 1995
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - August 31, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Transitional/Conservation
(B) AEC(s) Involved: PT, EW, ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Private/Commercial
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) Type of Structures: Existing - None
Planned - Residential
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
JR
510
f -2-
sq.
t.
(B) Non-Vegetated Wetlands
(C) Other
h
ll
W
H
bi
40
675
f
r('
"
S
a
ow
ater
a
tat ,
sq.
t. k
b
(D) Total Area Disturbed: 41,185 sq. ft. (0.94 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to develop a 10.3 acre tract for a residential
subdivision that will include excavation of 3,800 ft. of an existing canal and channel in Mill Creek,
and will include the removal of -- 12,314 cubic yards of material from below the NWL. Work will
also include a road crossing within the AEC and will require the filling of 7,000 sq. ft. of `404'
wetlands.

Cutty Sark Development Corporation
Bio Report
Page 2
Site Description
The applicant's property is located between Bonita Road in Hatteras Colony and Due East
Way, Avon, Dare County. The property in question contains approximately 10.3 acres. Man-
made features include a 44,000 square foot pond, an unimproved road and a canal that runs
through the property within 20 feet of the western property line. A second canal is located to
the north of the applicants property and is fringed by coastal and `404' wetlands that extends
185' into the Cutty Sark tract. Approximately 72,076 square feet (1.65 acres) of wetland
fringe the canal, of which 39,108 square feet (.89 acre) is located on the property in
question.
The property is located on the soundside of the Outer Banks and accesses the Pamlico Sound
by way of a narrow canal that runs through the property. Along the shore of the canal is a
one to two foot wide coastal wetland fringe. Dominant vegetation found along the canal is
Juncus roemerianus and S artina patens, some S artina alterniflora can be found in an area
where the canal enters the property along the northern property line. Other vegetation found
on the property includes, but is not limited to, Sci us americanus, Iva s_p_., M•yrica cerifera,
and poison ivy.
Proposed Development
The applicant proposes to develop a 23 lot residential subdivision with an average lot size of
15,000 square feet. Water access will be provided by way of a canal that runs through the
property. The canal is approximately 30' wide with an average depth of two feet (2'). The
project proposal includes dredging 1420' of the canal to a depth of five feet (5') below mean
high water. Dredging will begin along the southern property line and terminate in Mariners
Cove to the north of the applicants property, at a connecting depth of five feet (5').
According to the applicants plat the canal narrows to an average width of 25' at the southern
end of the canal. The applicant proposes to excavate approximately 1,925 square feet of
highground in order to obtain the desired 30' canal width. A coastal wetland fringe composed
of Juncus roemerianus and Spartina ap tens, approximately one to two feet in width, exists
along the canal adjacent to the highground where the excavation will occur.
Dredge material from the canal will be placed in an existing pond located on the applicants
property. The pond has a holding capacity exceeding 16,000 cubic yards of spoil material
and as such will be more than sufficient to handle spoil material from the proposed project.
An earthen berm will be placed around the pond to prevent the possibility of any spoil
material from entering the canal. The retention area will be dewatered back into the canal
once settling has occurred.
In order to develop the property as shown on the plat submitted, the applicant would like to
fill 7000 square feet of `404' wetlands for the placement of a subdivision road. The total area
Cutty Sark Development Corporation
Bio Report
Page 3
of contiguous `404' wetlands on the applicants property and the adjacent property exceeds
acre as previously noted. The area where the fill is proposed is outside of CAMA's Area of
Concern.
Anticipated Impacts
The project will result in the conversion of 10.3 acres of vacant upland and wetland into a
residential subdivision with a density of one unit per 19,507 square feet. Dredging of the
canal will impact a 40,675 square feet of shallow water habitat. Short term turbidity will
occur in conjunction with the dredging project. Approximately 510 square feet of coastal
wetlands (Juncus roemerianus and SSpartina patens will be removed when the southwest
corner of the canal is widened and 7000 square feet of `404' wetlands Juncus roemerianus,
Sci us americanus and Fimbristylis castanea will be filled for the construction of a road
crossing.
CAMA Review
No unique remnant species, geologic formations or archeological sites are known to be
involved with this site. No submerged aquatic vegetation was found in the canal where the
dredging project is proposed.
The fresh water wetlands along the northern property line fall into the conservation
classification according to the Dare County Land Use Plan (p. 112). The Land Use Plan
(p.60) states: "It is important to note that Dare County's position is to promote the
preservation of existing expanses of freshwater wetlands but to accept occasional losses of
isolated pockets of freshwater wetlands when the level of alteration is minimal." The plan
goes further to classify "isolated pockets of wetlands" as being less than one contiguous acre
in size (p. 61). Any filling along the northern section of the property would not be consistent
with the Dare County Land Use Plan.
Submitted by: Lynn W. Mathis
Date: September 11, 1995
U
Form DCM-N1I'-1
APPLICAT10-
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Cutty Sark Development Corp.
Address P.O. Box 220
City Avon State NC
Zip 27915 Day Phone [phone]
Fax
b. Authorized Agent:
Name EnvironmenLal. Pr.o.fessionals, tnc.
Address P.O. Box 3368
City Kill Devil hill:;
Zip 27948
Statc NC
Day Phone (q19) 441-0239
Fax [phone]
c. Project name (if any) CuLty Sark
NOTE: Permit will be issued in newic of (undunnrr(.rJ, and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
AUG 3 1 199r
:3T
Li.L.'L1. .. ?..?1LSS
'.. F ? .....
b. City, town, community or landmark
von
c. Street address or secondary road number
Highway 12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Road construction,
mainLenance excavation
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? Private & public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Dredging of the channel is
intended to provi e access tote Pam icc
Sound by residents of Cutty Sark Subdiv.
Revised 03195
f'cJ
A PERSON WHO HASN'T BEEN
GIVEN ALL THE FACTS YET.

OP01 PN'-)P.,l-lk Papers. 0891754141
Form DCAI-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract +/- 10. 3 acres
b. Size of individual lot(s) + 15, 000 scl. ft.
c. Approximate elevation of tract above MIIW or
NWL +/- 5.0 feet
d. Soil type(s) and texture(s) of tract
Carteret and Duckston/Psanunents
C. Vegetation on tract Andros ;wpn & Simi-[ inn
patens
f. Man-made features now on tract roads, poll-]
g. What is the CAMA Land Use Plan Lind
classification of the site'? (Consull flte local Innd use plan.)
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach Zoning canplinnce cer7ificaie' if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? yes
(Attach docurncnlarion, if aivilable)
in. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
None
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high duality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Kevi5cd 03195
Form DCM-IMP-I
site. Include highway or secondary road (S1:)
numbers, landmarks, and the like.
6. CERTIMCATION AND PERMISSION
TO ENTER ON LAND
• A Stortnwater Certification, if' one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit continents
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been providul.
Name
Address
Phone
Name
Address
Phone
Name
Address
Phone
sce attached
• A list of previous state or federal permits issued fur
work on the project tract. Include permit nunihcrs,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with (lie N. C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
fttnds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on die aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that die information provided in this
application is truthful to the best of my knowledge.
'Phis is the 1st day of June , 19 95
Print Name
Signature
L indowner a• Authorized A ent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
Form DCM-MP-2
-Im -T
EXCAVATIO-N
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for LAMA (`Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose 01' propusccl excavation or
till activities. All values to be given in 1'ecl.
Average Final
l;xisling Vrojcct
Length Width Depth Ih•pill
Access
channel
(MLM or (NWL)
Canal
Boat
basin
Boat
ranlp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
4tabi I izatIl)I l)
1,420 35 2.0 5.0
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 5,522 c. yds.
b. Type of material to be excavated sandand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. H1ghground excavation in cubic yards 236 c. ids.
2. DISPOSAL OF EXCAVA'T'ED
MATERIAL
a. Location of disposal area on site
b. Dimensions of disposal area 100 x 450 x 10
c. Do you claim title to disposal area?
X Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes X No
If yes, where?
Revised 03195
Foam DCM-MP-2
e. Does the disposal area include any coastal wctl:uuls
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any arca in the water'?
X Yes No
within the man made pond
3. SHORE, LINE STABILIZATION
a. Type of shoreline stabilization None
Bulkhead Riprap
b. Length
c. Average distance waterward of MI-IW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of it fornuilion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backtill
h. Type of till material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline S(abiliza(ion)
a. Will fill material be brought to site?
X Yes No
II' Yes,
(1) Amount of material to be placed in the
water None
(2) Dimensions of till area
(3) Purpose of till
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If Yes,
(1) Dimensions of fill area 140' x 50'
(2) Purpose of till road crossing
S. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? pla . d i n d i kad
disposal area - leveled and grasp dd
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
hydraulic dredge
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Ct?t?ty Sark
Applic: or Project Mane
. ?g aUu•c
OL
Date
Revised 03195
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed None
b. Number of lots or parcels 23
c. Density (give the number of residential units and the
units per acre) 2/acre
d. Size of area to be graded, tilled or distuncCd
including roads, ditches, etc. 73,00 sq. 1'L.
e. If the proposed project will disturb more 01;111 One
acre of land, the Division o1' Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such as m;u l paver stone,
asphalt, or concrete) to be used I'or paveel surfaces.
asphalt
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes _X No
11' yes, date submitted
i. Describe proposed method of sewage disposal.
on site septic
Have the facilities described in Item i. above
received state or local approval? No
(itrruch appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
None
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
county
in. Will water be impounded? Yes X No
If yes, how many acres?
n. II' the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 2%
Clitty Sark
Applic ut r Project Name
Sig iu'c
Date
Ruised 03/95
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Cutty Sark Development Corporation
2. LOCATION OF PROJECT SITE: Between Bonito Road and Due East Way off NC 12 in Avon,
Dare County adjacent to a man-made canal off Pamlico Sound.
Photo Index - 1989: 5-202:7 O,P,Q 12-15 1984: 144-137: N,O,P 2-4
State Plane Coordinates - X: 3042000 Y: 604000
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 23, 1995
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - August 31, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Transitional/Conservation
(B) AEC(s) Involved: PT, EW, ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Private/Commercial
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) Type of Structures: Existing - None
Planned - Residential
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A '
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
JR 510 sq. ft.
(B) Non-Vegetated Wetlands
(C) Other
Shallow Water Habitat 40,675 sq. ft.
(D) Total Area Disturbed: 41,185 sq. ft. (0.94 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to develop a 10.3 acre tract for a residential
subdivision that will include excavation of 3,800 ft. of an existing canal and channel in Mill Creek,
and will include the removal of - 12,314 cubic yards of material from below the NWL. Work will
also include a road crossing within the AEC and will require the filling of 7,000 sq. ft. of `404'
wetlands.
Cutty Sark Development Corporation
Bio Report
Page 2
Site Description
The applicant's property is located between Bonita Road in Hatteras Colony and Due East
Way, Avon, Dare County. The property in question contains approximately 10.3 acres. Man-
made features include a 44,000 square foot pond, an unimproved road and a canal that runs
through the property within 20 feet of the western property line. A second canal is located to
the north of the applicants property and is fringed by coastal and `404' wetlands that extends
185' into the Cutty Sark tract. Approximately 72,076 square feet (1.65 acres) of wetland
fringe the canal, of which 39,108 square feet (.89 acre) is located on the property in
question.
The property is located on the soundside of the Outer Banks and accesses the Pamlico Sound
by way of a narrow canal that runs through the property. Along the shore of the canal is a
one to two foot wide coastal wetland fringe. Dominant vegetation found along the canal is
uncus roemerianus and artina pa tens, some SSpartina alterniflora can be found in an area
where the canal enters the property along the northern property line. Other vegetation found
on the property includes, but is not limited to, Scirpus americanus, Iva V., Myrica cerifera,
and poison ivy.
Proposed Development
The applicant proposes to develop a 23 lot residential subdivision with an average lot size of
15,000 square feet. Water access will be provided by way of a canal that runs through the
property. The canal is approximately 30' wide with an average depth of two feet (2'). The
project proposal includes dredging 1420' of the canal to a depth of five feet (5') below mean
high water. Dredging will begin along the southern property line and terminate in Mariners
Cove to the north of the applicants property, at a connecting depth of five feet (5').
According to the applicants plat the canal narrows to an average width of 25' at the southern
end of the canal. The applicant proposes to excavate approximately 1,925 square feet of
highground in order to obtain the desired 30' canal width. A coastal wetland fringe composed
of uncus roemerianus and SSpartina paten s, approximately one to two feet in width, exists
along the canal adjacent to the highground where the excavation will occur.
Dredge material from the canal will be placed in an existing pond located on the applicants
property. The pond has a holding capacity exceeding 16,000 cubic yards of spoil material
and as such will be more than sufficient to handle spoil material from the proposed project.
An earthen berm will be placed around the pond to prevent the possibility of any spoil
material from entering the canal. The retention area will be dewatered back into the canal
once settling has occurred.
In order to develop the property as shown on the plat submitted, the applicant would like to
fill 7000 square feet of `404' wetlands for the placement of a subdivision road. The total area
Cutty Sark Development Corporation
Bio Report
Page 3
of contiguous `404' wetlands on the applicants property and the adjacent property exceeds
acre as previously noted. The area where the fill is proposed is outside of CAMA's Area of
Concern.
Anticipated Impacts
The project will result in the conversion of 10.3 acres of vacant upland and wetland into a
residential subdivision with a density of one unit per 19,507 square feet. Dredging of the
canal will impact a 40,675 square feet of shallow water habitat. Short term turbidity will
occur in conjunction with the' dredging project. Approximately 510 square feet of coastal
wetlands ncus roemerianus and SSpartina patens will be removed when the southwest
corner of the canal is widened and 7000 square feet of `404' wetlands Juncu roemerianus,
ci us americanus and Fimbristylis castanea will be filled for the construction of a road
crossing.
CAMA Review
No unique remnant species, geologic formations or archeological sites are known to be
involved with this site. No submerged aquatic vegetation was found in the canal where the
dredging project is proposed.
The fresh water wetlands along the northern property line fall into the conservation
classification according to the Dare County Land Use Plan (p.112). The Land Use Plan
(p.60) states: "It is important to note that Dare County's position is to promote the
preservation of existing expanses of freshwater wetlands but to accept occasional losses of
isolated pockets of freshwater wetlands when the level of alteration is minimal." The plan
goes further to classify "isolated pockets of wetlands" as being less than one contiguous acre
in size (p. 61). Any filling along the northern section of the property would not be consistent
with the Dare County Land Use Plan.
Submitted by: Lynn W. Mathis
Date: September 11, 1995
SEP2z1996
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT __._.._,,._-
PERMIT AND WATER QUALITY CERTIFICATION oll 11AINDS c ,1w
1 _ R 0
?1,51ITY {
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 CUTTY SARK
DEVELOPMENT CORP. of Dare County, filed an application on August 31, 1995, 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 CUTTY SARK DEVELOPMENT CORP. proposes to
develop a 10.3 acre tract for a residential subdivision that will include excavation of 3,800 ft.
of an existing canal and channel in Mill Creek, and will include the removal of
approximately 12;314 cubic yards of material from below the NWL. Work will also include
a road crossing within the AEC and. will require the filling of 7,000 sq. ft. of `404' wetlands.
The project site is located between Bonito Road and Due East Way off NC 12 in Avon, Dare
County adjacent a man made canal off Pamlico 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 Lynn W. Mathis, 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 14, 1995. 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 9, 1995 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 4, 1995 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: Tuesday, September 19, 1995

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF November 30, 1995
Regulatory Branch
Action ID No. 199505687
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:
?v, X99
V. S
Reference the application of Cutty Sark Development Corporation for a
Department of the Army (DA) permit to undertake excavation activities within
an existing canal, on property located off NC Highway 12, adjacent the Pamlico
Sound and Mill Creek, Avon, 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 condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the Revised Permit plans and cover letter dated November 8,
1995.
2. Before any work begins, the permittee and his contractor will meet
onsite with a representative of the U.S. Army Corps of Engineers to review the
alignment of the excavation area.
3. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands.
4. No vegetated wetlands will be excavated or filled.
5. Excavation will not exceed 5 feet below the elevation of mean low
water (MLW).
6. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
7. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
8. 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
R,
-2-
waterbody is 50 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. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleig Bland
Project Manager
Regulatory Branch
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Cutty Sark Development Corporation
2. LOCATION OF PROJECT SITE: Between Bonito Road and Due East Way off NC 12 in Avon,
Dare County adjacent to a man-made canal off Pamlico Sound.
Photo Index - 1989: 5-202:7 O,P,Q 12-15 1984: 144-137: N,O,P 2-4
State Plane Coordinates - X: 3042000 Y: 604000
3. INVESTIGATION TYPE: CAMA/D&F ----? -
D
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 23, 1995:
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - August 31, 1995' t
Office - Elizabeth City !.
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Transitional/Conservation
(B) AEC(s) Involved: PT, EW, ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Private/Commercial
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) Type of Structures: Existing - None
Planned - Residential
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A '
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER

(A) Vegetated Wetlands
JR 510 sq. ft.
(B) Non-Vegetated Wetlands
(C) Other
Shallow Water Habitat 40,675 sq. ft.
(D) Total Area Disturbed: 41,185 sq. ft. (0.94 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to develop a 10.3 acre tract for a residential
subdivision that will include excavation of 3,800 ft. of an existing canal and channel in Mill Creek,
and will include the removal of - 12,314 cubic yards of material from below the NWL. Work will
also include a road crossing within the AEC and will require the filling of 7,000 sq. ft. of `404'
wetlands.
Cutty Sark Development Corporation
Bio Report
Page 2
Site Description
The applicant's property is located between Bonita Road in Hatteras Colony and Due East
Way, Avon, Dare County. The property in question contains approximately 10.3 acres. Man-
made features include a 44,000 square foot pond, an unimproved road and a canal that runs
through the property within 20 feet of the western property line. A second canal is located to
the north of the applicants property and is fringed by coastal and `404' wetlands that extends
185' into the Cutty Sark tract. Approximately 72,076 square feet (1.65 acres) of wetland
fringe the canal, of which 39,108 square feet (.89 acre) is located on the property in
question.
The property is located on the soundside of the Outer Banks and accesses the Pamlico Sound
by way of a narrow canal that runs through the property. Along the shore of the canal is a
one to two foot wide coastal wetland fringe. Dominant vegetation found along the canal is
uncus roemerianus and artina patens, some SSpartina alterniflora can be found in an area
where the canal enters the property along the northern property line. Other vegetation found
on the property includes, but is not limited to, ci us americanus, Iva 52., MXrica cerifera,
and poison ivy.
Proposed Development
The applicant proposes to develop a 23 lot residential subdivision with an average lot size of
15,000 square feet. Water access will be provided by way of a canal that runs through the
property. The canal is approximately 30' wide with an average depth of two feet (2'). The
project proposal includes dredging 1420' of the canal to a depth of five feet (5') below mean
high water. Dredging will begin along the southern property line and terminate in Mariners
Cove to the north of the applicants property, at a connecting depth of five feet (5').
According to the applicants plat the canal narrows to an average width of 25' at the southern
end of the canal. The applicant proposes to excavate approximately 1,925 square feet of
highground in order to obtain the desired 30' canal width. A coastal wetland fringe composed
of uncus roemerianus and SS artina patens, approximately one to two feet in width, exists
along the canal adjacent to the highground where the excavation will occur.
Dredge material from the canal will be placed in an existing pond located on the applicants
property. The pond has a holding capacity exceeding 16,000 cubic yards of spoil material
and as such will be more than sufficient to handle spoil material from the proposed project.
An earthen berm will be placed around the pond to prevent the possibility of any spoil
material from entering the canal. The retention area will be dewatered back into the canal
once settling has occurred.
In order to develop the property as shown on the plat submitted, the applicant would like to
fill 7000 square feet of `404' wetlands for the placement of a subdivision road. The total area
Cutty Sark Development Corporation
Bio Report
Page 3
of contiguous `404' wetlands on the applicants property and the adjacent property exceeds
acre as previously noted. The area where the fill is proposed is outside of CAMA's Area of
Concern.
Anticipated Impacts
The project will result in the conversion of 10.3 acres of vacant upland and wetland into a
residential subdivision with a density of one unit per 19,507 square feet. Dredging of the
canal will impact a 40,675 square feet of shallow water habitat. Short term turbidity will
occur in conjunction with the' dredging project. Approximately 510 square feet of coastal
wetlands (uncus roemerianus and Snartina patens will be removed when the southwest
corner of the canal is widened and 7000 square feet of `404' wetlands Juncu roemerianus,
ci us americanus and Fimbrist lis castanea will be filled for the construction of a road
crossing.
CAMA Review
No unique remnant species, geologic formations or archeological sites are known to be
involved with this site. No submerged aquatic vegetation was found in the canal where the
dredging project is proposed.
The fresh water wetlands along the northern property line fall into the conservation
classification according to the Dare County Land Use Plan (p. 112). The Land Use Plan
(p.60) states: "It is important to note that Dare County's position is to promote the
preservation of existing expanses of freshwater wetlands but to accept occasional losses of
isolated pockets of freshwater wetlands when the level of alteration is minimal." The plan
goes further to classify "isolated pockets of wetlands" as being less than one contiguous acre
in size (p. 61). Any filling along the northern section of the property would not be consistent
with the Dare County Land Use Plan.
Submitted by: Lynn W. Mathis
Date: September 11, 1995
U
Form DCM-NIP-1
APPLICATIO`
A U G 31 19955
TT
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Gutty Sark Development Corp.
Address P.O. Box 220
City Avon State NC
Zip 27915 Day Phonc [phone]
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address P-0. Box 3368
City Kill Devil 11ills
state
Mt,
Zip 27948 Day phone (qlq) 441-0239
Fax [phone]
c. Project name (if any) Cutty Sark
NOTE: Permit will be issued in mint of landowner(s), and/or
project luune.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Avon
c. Street address or secondary road number
Highway 12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Road construction,
maintenance excavation
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? private & public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional )ages. Dredging of the channel is
i ntnndp to nrnvi P arrP_ss to the a-m- lco
Sound by residents of Cutty Sark Subdiv.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract /- 10 3 acres
b. Size of individual lot(s) + 15 , 000 sq . ft.
c. Approximate elevation of tract above M14W or
NWL +/- 5 0 feet
d. Soil type(s) and texture(s) of tract
Carteret and Duckston/Psamments
e. Vegetation on tract Androjmgon & SMI-Linri
patens
f. Man-made features now on tract roads pony
g. What is the CAMA Land Usc flan land
classification of the site'? (Consult the local land use plan.)
__ Conservation. X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with the IPPlicabIc
zoning? X Yes No
(Attach zoning culniWance c-lifi-le, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National 12egistercd
Historic District or does it involve a National
Register listed or eligible property?
- Yes x No
Are there wetlands on the site'? X Yes No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? e-
(iUtacli docunicnlalion, if arailable)
Ill. Describe existing wastewater treatment facilities.
None
ii. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the decd (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be die 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11 white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Forcn DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stornlwater Certification, if' ogle is IIUCCNsary.
• A list of dle ,allies and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit continents
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name see attached
Address
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal pu•nlits issued Cur
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of'
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of' processing the
application.
• A signed AEC hazard notice for projects In
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.C.S. 113A - I to
10) If the project involves the expenditure of public
fiords or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I and 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 will' evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that die information provided in this
application is truthful to the best of my knowledge.
This is the 1st day of June , 19_j5 .
Print Name le
Signature
L indoiwu r or Authorized A ent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sigh and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DC114-MP-2
EXCAVATION
FILL
AND
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
till activities. All values to be given in Net.
Average Final
1Sxisling Project
,CllCth Width Depth llepth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
xuibiliiation)
1,420 -35 2.0 5.0

1. EXCAVATION
a. Amount of material to be ex Sv5 ed from below
M14W or NWL in cubic yards
b. Type of material to be excavated sandand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes _X No
d. Higliground excavation in cubic yards 236 c. yds.
2. DISPOSAL Or EXCAVATED
MATERIAL
a. Location of disposal area on site
b. Dimensions of disposal area 100 x 450 x 10
c. Do you claim title to disposal area?
X Yes No
if no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes X No
If yes, where?
Revised 03195
Form DCM-NIP-2
e. Does the disposal area include ally euasud wutl;uuls
(marsh), SAVs or other wetlands?
Yes X _ No
f. Does lie disposal include any :tre:t in the water'?
X Yes No
within the man made pond
3. SIIORELINE STABILIZATION
a. Type of shoreline stabilization None
Bulkhead Ripral)
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during; preceding 12 months
(Source of illf0l* Ofion)
f, Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
ll. Type of till material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will till material be brought to site?
X Yes No
If yes,
(1) Amount of material to be placed in the
water None
(2) Dimensions of fill area
(3) Purpose of till
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes, 140' x 50'
(1) Dimensions of fill area
(2) Purpose fill road crossing
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? nl Pd i n d; kad
disposal area - leveled and oraGRe
b. What codragl ne, type of construction equipment will be used
(tot example,
dredge)?
hydraulic dre
No equipment
c. Will wetlands be crossed in transporting
to project site? Yes __2_
If yes, explain steps that will be taken to lessen
environmental impacts.
rutty ?
Applic:Vft or Project Name
. ig afore
Date
liev&d 03/95
Form DCM-NIP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed Done
b. Number of lots or parcels 23
c. Density (give the number of residential units and the
units per acre) 2/acre
d. Size of area to be gr;ided, filled or distuncCd
including roads, ditches, etc. 73,00 scl. CL.
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such ;is nmrl, paver stone,
asphalt, or concrete) to be used liar pavccl surfaces.
asphalt
g. Give the percentage of the tract within 75 I'uct of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used fur
vehicular driveways or parking. 2%
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
on site septic
Have the facilities described in Item i. above
received state or local approval? No
(Attach appropriate documenlauon)
k. Describe location and type of proposed discharges to
waiters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
None
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
county
in. Will water be impounded?
If yes, how many acres? _
n. IC the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
Gutty Sark
Applic ut r Project Name
?Ih UCl'
/?.2/i
Date
Yes X No
Revised 03195

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF September 26, 1995
Regulatory Branch
Action ID No. 199505687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 2"1607
Dear Mr. Dorney:
60
Q R`ccOlt
e42, Cl 0
,,?`sC/ccA ,
FS
Enclosed is the application of Cutty Sark Development Corporation
for Department of the Army (DA) authorization and a State Water Quality
Certification to undertake excavation activities in an existing canal
and channel, and construct a road crossing through wetlands, on property
located off NC Highway 12, adjacent the Pamlico Sound and Mill Creek,
Avon, 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,
F;0 days after receipt of cI 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 November 27, 1995, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland,
Washington Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
ne Wri t
hie Regul ory 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
District Manager
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
DIVISION OF COASTAL MANAGEMENT
FIELD EWMTIG ON REPORT c)
S c)J ? b 7 _ 1 i%
1. APPLICANT'S NAME: Cutty Sark Development Corporation
r, T ,r
2. LOCATION OF PROJECT SITE: Between Bonito Road and Due East Way off NC 12 in Avon,
Dare County adjacent to a man-made canal off Pamlico Sound.
Photo Index - 1989: 5-202:7 O,P,Q 12-15 1984: 144-137: N,O,P 2-4
State Plane Coordinates - X: 3042000 Y: 604000
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 23, 1995
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - August 31, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Transitional/Conservation
(B) AEC(s) Involved: PT, EW, ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Private/Commercial
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) Type of Structures: Existing - None
Planned - Residential
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
JR 510 sq. ft.
(B) Non-Vegetated Wetlands
(C) Other
Shallow Water Habitat 40,675 sq. ft.
(D) Total Area Disturbed: 41,185 sq. ft. (0.94 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to develop a 10.3 acre tract for a residential
subdivision that will include excavation of 3,800 ft. of an existing canal and channel in Mill Creek,
and will include the removal of - 12,314 cubic yards of material from below the NWL. Work will
also include a road crossing within the AEC and will require the filling of 7,000 sq. ft. of `404'
wetlands.
Cutty Sark Development Corporation
Bio Report
Page 2
Site Description
The applicant's property is located between Bonita Road in Hatteras Colony and Due East
Way, Avon, Dare County. The property in question contains approximately 10.3 acres. Man-
made features include a 44,000 square foot pond, an unimproved road and a canal that runs
through the property within 20 feet of the western property line. A second canal is located to
the north of the applicants property and is fringed by coastal and `404' wetlands that extends
185' into the Cutty Sark tract. Approximately 72,076 square feet (1.65 acres) of wetland
fringe the canal, of which 39,108 square feet (.89 acre) is located on the property in
question.
The property is located on the soundside of the Outer Banks and accesses the Pamlico Sound
by way of a narrow canal that runs through the property. Along the shore of the canal is a
one to two foot wide coastal wetland fringe. Dominant vegetation found along the canal is
unc roemerianus and Spartin patens, some Spartin alterniflora can be found in an area
where the canal enters the property along the northern property line. Other vegetation found
on the property includes, but is not limited to, c' u americanus, I, vg §p,, Myrica cerifera,
and poison ivy.
Proposed Development
The applicant proposes to develop a 23 lot residential subdivision with an average lot size of
15,000 square feet. Water access will be provided by way of a canal that runs through the
property. The canal is approximately 30' wide with an average depth of two feet (2'). The
project proposal includes dredging 1420' of the canal to a depth of five feet (5') below mean
high water. Dredging will begin along the southern property line and terminate in Mariners
Cove to the north of the applicants property, at a connecting depth of five feet (5').
According to the applicants plat the canal narrows to an average width of 25' at the southern
end of the canal. The applicant proposes to excavate approximately 1,925 square feet of
highground in order to obtain the desired 30' canal width. A coastal wetland fringe composed
of Juncus roemerianus and artin patens, approximately one to two feet in width, exists
along the canal adjacent to the highground where the excavation will occur.
Dredge material from the canal will be placed in an existing pond located on the applicants
property. The pond has a holding capacity exceeding 16,000 cubic yards of spoil material
and as such will be more than sufficient to handle spoil material from the proposed project.
An earthen berm will be placed around the pond to prevent the possibility of any spoil
material from entering the canal. The retention area will be dewatered back into the canal
once settling has occurred.
In order to develop the property as shown on the plat submitted, the applicant would like to
fill 7000 square feet of `404' wetlands for the placement of a subdivision road. The total area
Cutty Sark Development Corporation
Bio Report
Page 3
of contiguous `404' wetlands on the applicants property and the adjacent property exceeds
acre as previously noted. The area where the fill is proposed is outside of CAMA's Area of
Concern.
Anticipated Impacts
The project will result in the conversion of 10.3 acres of vacant upland and wetland into a
residential subdivision with a density of one unit per 19,507 square feet. Dredging of the
canal will impact a 40,675 square feet of shallow water habitat. Short term turbidity will
occur in conjunction with the dredging project. Approximately 510 square feet of coastal
wetlands (Juncus roemerianus and Spartin patens) will be removed when the southwest
corner of the canal is widened and 7000 square feet of `404' wetlands un roemerianus,
i u americanus and Fimbris , lis castanea) will be filled for the construction of a road
crossing.
CAMA Review
No unique remnant species, geologic formations or archeological sites are known to be
involved with this site. No submerged aquatic vegetation was found in the canal where the
dredging project is proposed.
The fresh water wetlands along the northern property line fall into the conservation
classification according to the Dare County Land Use Plan (p.112). The Land Use Plan
(p.60) states: "It is important to note that Dare County's position is to promote the
preservation of existing expanses of freshwater wetlands but to accept occasional losses of
isolated pockets of freshwater wetlands when the level of alteration is minimal." The plan
goes further to classify "isolated pockets of wetlands" as being less than one contiguous acre
in size (p. 61). Any filling along the northern section of the property would not be consistent
with the Dare County Land Use Plan.
Submitted by: Lynn W. Mathis
Date: September 11, 1995
A U G 31 19195
Forni DC M-MP-1
APPLICATIO-N ..... (To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Cutty Sark Development Corp.
Address P.O. Box 220
City Avon State NC
Zip 27915
Fax
b. Authorized Agent:
Day Phone [phone]
Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil Hills
State NC
Zip 27948 Day Phone (ql4 ) 441-0239
Fax [phone]
c. Project name (if any) Cutty Sark
NOTE: Permit will be issued in name of landowner(s), and/or
project /Willie.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Avon
c. Street address or secondary road number
Highway 12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Road construction.
maintenance excavation
b. Is die proposed activity maintenance of an existing
project, new work, or both? both
c. Will die project be for public, private or commercial
use? private & public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. -Dredging of the channel is
intended to provide access tote cc
Sound by residents of Cutty Sark Subdiv.
Revised 03195
Forni DCM-NIP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract +/- l 0.3 acres
b. Size of individual lot(s) + 15 , 000 sq . IL .
c. Approximate elevation of tract above M14W or
NWL +/- 5.0 feet
d. Soil type(s) and texture(s) of tract
Carteret and Duckston/Psamments
e. Vegetation on tract Andr.opamn & Spnrt:ina
oatens
f. Man-made features now on tract roads, poni
g What is the CAMA Land Use flan land
classification of the site'? (Cunsulr the torn! /uric! «se plunj
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Allacli zoning compliance cerrifc(rc, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site'? X _ Ycs No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? ems'
(Attach documentation, if available)
in. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
Non
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the decd (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195
Forcn DCM-NIP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certificalion, if.* one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must he advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
Name
Address
Phone
Name
Address
Phone
see attached
• A list of previous state or federal per-urits issued liar
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing; the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.C.S. 113A - 1 to
10) If the project involves the expenditure of public;
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 1st day of June , 19 95
Print Name t _rtAAf Signature
La dowser or Authorized A lent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
Force DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
till activities. All values to be given in Net.
Average Final
1Sxisli11g Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shomline
alabiliratliun)
1,420 35 2.0 5.0
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 5,522 c. yds.
b. Type of material to be excavated sandand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Higlcground excavation in cubic yards 236 c. Wis.
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area on site
b. Dimensions of disposal area 100 x 450 x 10
c. Do you claim title to disposal area?
X Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes X No
If yes, where?
Revised 03195
Form DCIW41I1-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any arca in the water?
X Yes No
within the man made pond
3. SHORELINE STABILIZA'T'ION
a. Type of shoreline stabilization None
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 munths
(Source of iiifornation)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backtill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabiliza(ion)
a. Will fill material be brought to site?
X Yes No
[t' yes,
(l) Amount of material to be placed in the
water None
(2) Dimensions of fill area
(3) Purpose of till
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 140' x 50'
(2) Purpose of fill road crossing
S. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? p1 nred in ci; kPrl
disposal area - leveled and g as4ed
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
hydraulic dredge
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Cutty Sark
Applic: or Project Name
lg acute
Date 7T
Revised 03195
Forth DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activitics)
Attach this form to Joint Application for CAN4A Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed None
b. Number of lots or parcels 23
c. Density (give the number of residential units and (lie
units per acre) 2/acre
d. Size of area to be graded, tilled or disturbed
including roads, ditches, etc. 73, 00 sd . .1.'L .
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such as utarl, paver stone,
asphalt, or concrete) to be used litr paved surfaces.
asphalt
li. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
on site septic
j. Have the facilities described in Item i. above
received state or local approval? No
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
None
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
county
m. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
g. Give the percentage of the tract within 75 I'cel ul
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be cttvcrctl by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used I'm-
vehicular driveways or parking. 2%
Cutty Sark
r Proje
ct Nantc
Ap7it-Al,
/
/
Sig iu•c

Yes X No
Revised 03/95
A
-- REPLY TO
- - ATTENTION OF
Regulatory Branch
March 18, 1996 516:) (7 7
Action ID No. 199505687 and State Permit No. 20-96
Cutty Sark Development Corporation
Post Office Box 220
Avon, North Carolina 27915
Dear Sir:
5?.
Reference your November 15, 1996, revised application for a Department
of the Army (DA) permit to undertake excavation activities within an existing
manmade canal and channel, and develope a residential subdivision, on property
located off NC Highway 12, adjacent the Pamlico Sound and Mill Creek, Avon,
Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of General Permit No. 198000291. Therefore, you
may commence construction activity in strict accordance with applicable
State authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action
is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland
Project Manager
Regulatory Branch
Enclosure
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Norfolk, Virginia 23510-1114

RECEIVED
MAR 19 1996
ENVIRONMENTAL SCIENCES
^.q A A,nU
-2-
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
?"? ? Iq?So5???1
Forni DCM-,V1P-1
APPLICATI
(To be completed by all applicants)
U
AUG 31 1995
ON . .....
b. City, town, community or landmark
Avon
1. APPLICANT
a. Landowner:
Name Cutty Sark Development Corp.
Address P.O. Box 220
City Avon State NC
Zip 27915 Day Phone [phone]
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc
Address P.O. Box` 3368
City Kill Devil hills
Slate NC
Zip 27948 Day phone (a14) 441-0239
Fax [phone]
c. Project name (if any) Cutty Sark
lunrlni?ner(.r), and/ur
NOTE. Permit will be issued its name Of
project ,urine.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
c. Street address or secondary road number
Highway 1..2
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
;i. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Road construction,
maintenance excavation
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? private & public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Dredging of the channel is
intended to provide access tote Pam ico
Sound by residents of Cutty Sark Subdiv.
Rcvucd 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract +/- 1.0.3 acres
,.
b. Size of individual lot(s) + 15 000 sq . li t
c. Approximate elevation of tract above M14NV or
NWL +/- 5.0 feet;
d. Soil type(s) and texture(s) of tract
Carteret and Duckston/Psamments
c. Vegetation on tract Andros Fl nn & 4j2nr0nn _
patens
f. Man-made features now on tract roads Pond-
g. What is the CAMA Land Use Hall Land
classification of the site'? (Consull the local land M-1.)
X Conservation. X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local governmelit?
S-1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Allacl, Zoning compliance cerlificalc, if (pplicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? ees
(,,Wach docuuienaation, irarailablc)
m. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, t, "wash
down" and re?irlential discharges.)
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11 white paper. (Refer to
Coastal Resources Commission Rule 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 are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
lleyked 03/95
Form DCM-NIP-1
site. Include hitillway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, il' one is ncccssary.
• A list of the Ilailles and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
leave received a copy of the application acid plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit continents
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice ha,been provided.
Name see attached
Address
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal perinits issued for
work on the project tract. Include permit nunihcrs,
permittee, and issuing dates.
None
• A check for $250 made payable to the Departillcnt of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions codlained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
1 certify that I and authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
.
This is the 1st day of June 19_25
('tint Name <
Signature
L ill(lowner or Authorized A en,
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed- exc:tvatioli ur
till activities. All values to be given in feet.
Averabc l?iual
l;xistiu}; Project
Lcnl;th Width Depth Del)tlt
Access -
channel
(ML`rV) or (NWL)
Canal 1,420 ' 35 2.0 5.0
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shorrlinc
stnbilization)
1. EXCAVATION
a. Amount of material to be excavated from below
MIAW or NWL in cubic yards 5,522 c. yds.
b. Type of material to be excavated sandand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards 236 c. _Lds.
2. DISPOSAL Or EXCAVATED
MATERIAL
a. Location of disposal area on site
b. Dimensions of disposal area 100 x 450 x 10
c. Do you claim title to disposal area?
X Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes X No
If yes, where?
Form DCM-N11'-2
e. Does the disposal area include :uiy coastal wctl:uuls
(marsh), SAVs or other wetlands?
Yes X No
t. Doi e disposal include any area in the wafer'?
X Yes No
within the man made pond
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization None
Bulkhead Ril?ral?
b. Length
c. Average distance waterward of Iv1HW or NWL
d. Maximum distance waterward of MIHW or NWL
P. Shoreline erosion during preceding 12 months
(Source of injorriuirion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be Placcd below
water level
(1) Riprap
(2) Bulkhead backtill
h. Type of till material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
i
If Yes 1
(1) A1110U11C of material to be placed in e
water None
(2) Dimensions of fill area
(3) Purpose of till
b Will till material be placed in coastal wetlands
(marsh), SAVs or ocher wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 140'_x 50'
(2) Purpose of fill road crossl ne
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? D1 a?Prl n d; k?_
disposal area - leveled and r
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
h dratilic dre
c. Will wetlands be crossed in transporting equipment
to project site? Yes __K__
If yes, explain steps that will be taken to lessen
environmental impacts.
utrv ?
Applic?4 or Project Name
. i? acute
Date
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA illajor
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed None
b. Number of lots or parcels 23
c. Density (give the number of residential units and the
units per acre) 2/acre
d. Size of area to be gr;tdcd, tilled or distun)Cd
including roads, ditches, etc. 73,00 sd. CL.
e. If the proposed project will disturb more th;m 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 Luul
Resources? Yes X No
If yes, date submitted
F. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surl:u;es.
asphalt
li. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
I1' yes, date submitted
i. Describe proposed method of sewage disposal.
on site septic
j. Have tlhe facilities described in Item i. above
received state or local approval? No
(ilauch appropriate daeumenialion)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
None
1. Describe proposed drinking water supply source
(c.g. well, community, public system, etc.)
county
in. Will water be impounded?
If yes, how many acres? _
n. if the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Watu', to be covcrcd by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 2%
Cutty Sark
Applica t r Project Name
Sig iu•c
Dale
Yes X No
Revised 03/95

EINVIIt INMINMPBOM3IUMINC.
November 8 1995 punning for a better environment
,

[phone]
U. S. Army Corps of Engineers
Attn: Raleigh Bland
P. 0. Box 1000
Raleigh, NC 27889
Dear Mr. Bland:
This letter is in response to the National Marine Fisheries Service comments regarding
the application made on behalf of Cutty Sark Development Corporation (permit
application 1995056787). We propose by copy of this letter to amend the permit
application to address the concerns that were raised by this resource agency. It is our
understanding that the State has received favorable comments from its review agencies
except for the proposed access road alignment.
In order to alleviate several agencies' concerns, we have modified the project to delete
excavation of the access canal in the northern portion of the project and have modified
our proposal to delete the boat ramp and marina facilities. This left an access road and
the proposed dredging adjacent to the applicant's property within a man made canal
which was excavated in high ground for the purposes of managing flood waters in the
area. In order to alleviate the NMFS agency's concerns, we will make another
concession.
We propose by copy of this letter to delete the access road from consideration of the
permit application and it will be re-routed to avoid jurisdictional wetlands. We do not,
however, agree to removing the dredging associated with the southernmost portion of
the canal as we find that the majority of the wetlands along this canal are uncus
roemerianus which is perched on top of the old spoil bank from when this canal was
originally excavated in high ground. We would propose that we could preserve the
u us and artina by not proposing any excavation which would result in widening of
the ditch.
We hope that these project modifications will alleviate the agency concerns and allow
us to receive approval so that we may accomplish this work during this dredging
season.
Sincerely,
George H. Wood, CEP
cc: Mr. Wallace Beckham
P. 0. Box 806
P.P.OnBOXC 3368 15 KILL DEVIL HILLS, NORTH CAROLINA 27948-3368