20030559 Ver 1_COMPLETE FILE_20030507

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IN REPLY REFER TO
Regulatory Division
Action ID No. 200310576
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:

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117ySECAOAI
10, a
Reference the application of Albert L. Bonney for a Department of the Army (DA) permit
to maintenance dredge an existing access channel and boat basin, and place fill material within
another existing basin, on property located off NC Highway 12, adjacent to the Pamlico Sound,
in Frisco, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said structure
or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate,
or alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
July 7, 2003
3. In order to protect fishery resources, no excavation or filling will be permitted between
the dates of April 1 and September 30 of any year without the prior approval of the North
Carolina Division of Coastal Management.
-2-
4. No vegetated wetlands will be excavated or filled.
5. Excavation will not exceed - 6 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 are not authorized.
7. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
8. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
9. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having it transferred to a third party.
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 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 Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
Q440116i
Raleigh Bland, P.W.S.
Regulatory Project Manager
-3-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
.'?Yorth Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
o`'?? W A r?9Q6r
17 ?
July 22, 2003
DWQ# 03-0559
Dare County
Messrs. Albert L. & Larry R. Bonney
C/o P.O. Drawer 870
Kitty Hawk, NC, 27949
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Messrs. Bonney:
You have our approval, in accordance with the attached conditions, to fill and/or excavate 1.62 acre of Public Trust/Estuarine
Waters in order to conduct maintenance excavation of an existing access channel, boat basin, and two connecting canals located in
Frisco, Dare County, as described in your application received by the Division of Water Quality on May 7, 2003 and in additional
correspondence received July 9, 2003. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3400, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying
CAMA Permit expires unless otherwise specified in the General Certification.
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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
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 conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Tom Steffens in our Washington Regional Office at [phone] or Cyndi Karoly in our Central Office in
Raleigh at [phone].
Sincerely,
/-fllan . Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htro://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
30867

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QUIBLE AND
ASSOCIATES, P.C.
Engineering - Planning - Environmental Sciences
since 1959
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8 Juniper Trail
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Phone: [phone] Fax: [phone]
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, J
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Quible

9ulble & Assoclates, P.C. P.O. Drawer 810
IJtty Hoak. NC 27949
ENGINEERING • CNVIROWENTAL SCIENCES • PLANNING Phone: [phone]
Fax: [phone]
SNCE 1959
PRINCIPALS
Soar C. Hoyle. P.F.
Joseph S. Ianitor, C.C.P.
Eduardo J. Voldlvleso. P.C.
2003
July 9 ASSOCNES
, Joseph J. Anlaut P.E.
David S. Nolf
Mrs. Cyndi Karoly
NC Division of Water Quality - 401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: DWQ Project No. 03-0559
Albert & Larry Bonney - Major CAMA Permit Application - Frisco, NC
401 Certification
Dear Mrs. Karoly:
This correspondence is in response to NC Division of Water Qualities letter dated June 30, 2003
regarding the subject of a "long term maintenance dredging agreement" associated with the
maintenance excavation of an existing channel located on the Pamlico Sound in Frisco, Dare
County, North Carolina.
The CAMA Major Application that has been submitted for review and approval has not
requested a "long term maintenance agreement" for the subject permit application. We therefore
request that the 401 certification be issued unless there is additional information needed to
process the application.
Thank you for your attention to this information. If following review you have questions or need
additional information please contact me at 252-261-3300.
Sincerely,
Quible and Associates, P.C.
2las A. Dorman
cc: Al Bonney
Tom Steffens

1,-),/ (-

A Michael F. L•asleY, Covcrnor
QF rFl9 William G. Ross Jr., Secretar;
pG North Carolina Department of Gnvironarcat and Natural Resources
7 Alan W_ Klimek, Y.E., Director
Division of Water Quality
O Co)ren H. Sullins. Deputy Director
Division of'?'xt:r Quality
June 30, 2002
Dare County
DWQ Project No. 03-0559
CERTIFIED MAIL: RETURN P,EDEIPT REbL'-72TFCD

Messrs. Albert L & Larry R. Bonney
C/o F.O. Drawer 870
Kitty Hawk, NC, 27949
Dear Messrs. Bonney:
JUL 0 ? 2003
i e W
On May 7, 2003, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification for impacts to wetlands, Public Trust Waters and Estuarine Shoreline associated with a maintenance dredging
project in Dare County. Insufficient information has been provided in order for us to complete our review. Specifically,
please provide the following materials so that we can complete our review of your application:
Please provide details with respect to your requested "long term maintenance dredging agreement" with the State of
North Carolina. Specifically, please provide a time schedule for all dredging activities related to the existing facilities for
which the dredging is to be conducted. You should note that DWQ will not Issue a 401 Certification without a specific
expiration date, and therefore will not issue a 401 Certification with an undefined time schedule. If you propose to
conduct these dredging activities for a number of years, you will need to justify the schedule. If a 401 Certification Is
issued and subsequently expires on the date assigned, you would need to re-apply for a new 401 Certification at that
time.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
and Division of Coastal Management place this project on hold. Also, this project will be placed on hold for our processing
due to incomplete information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Tom Steffens in the Washington Regional
Office at [phone] or Cyndi Karoly in our Central Office in Raleigh at [phone].
J Dorne
Y
(
AW K/cbk
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Doug Huggett, DCM
File Copy
Central Files
Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949
030559
AM
hiffim
N. C. Division of Water Quality, 401 Wetiands Certification Unit.
1650 Mail Service Center, Raleigh, NC 2!699-1650 (Mailing Address)
2321 Crabtree Blvd.. Raleigh, NC 27604-2260 a ocatioe)
[phone] (phone), 919-733.6893 (fax), ao llh2o.em.state.nc.w/,nc%%ttlands)
Customer Service #: 1-877-623-6748
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
May 6, 2003 03 0 5 5 9
MEMORANDUM:
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM
SUBJECT
Applicant:
Project Location:
Doug Huggett
Major Permits Processing Coordinator
WETLNM'S 1401 GROUp
f. /003
VVATEF ZALiiTYSECnO
N
CAMA/DREDGE & FILL Permit Application Review
Albert L. Bonney and Larry R. Bonney
North of NC 12, Frisco, Dare County, man-made canals and basins which
connect to the Pamlico Sound
Proposed Project: Excavation of an existing access channel, boat basin, and two connecting
canals. This project also includes the filling of an existing boat basin no
longer in use. This application also concerns the request for State
authorization of a long-term maintenance dredging agreement.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 26, 2003. If you have any questions regarding the proposed project, please contact
Dennis Hawthorn at [phone]. When appropriate, in-depth comments with supporting data
is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Albert L. Bonney and Larry R. Bonney
PROJECT NAME: ` Bonney '
2. LOCATION OF PROJECT SITE: north of NC 12, Frisco, Dare Co., man-made
canals and basins which connect to the Pamlico Sound, 51796 NC 12;
Digital Data Base: Index Nos. 5362 - 5368
Photo Index - 2000: 172-2018, photo not available.; 1995: 172-1762, P 9;
State Plane Coordinates: X: 3010400; Y: 564600 GPS C041615A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 16, 2003
Was Applicant Present - No (but was present at two previous site visits under different /
former application, i.e., Doris Smith & Island Boat Works)
5. PROCESSING PROCEDURE: Application Received Complete - April 21, 2003
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline,
(C) Water Dependent: yes
(D) Intended Use: Private / Commercial
(E) Wastewater Treatment: Existing - none at this time; Planned - none
(F) Type of Structures: Existing- 2 canals, 14 slips & 2 bulkheaded basins; Planned -
bulkhead across and fill one existing basin; also undertake maintenance dredging
of channel, canals and basin
(G) Estimated Annual Rate of Erosion: NA
Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
F.YC A V A TTnN Ti TT .T . QPnTT ..QTTF
(A) Wetlands
(B) Public Trust/Estuarine
Waters 65,600sf/1.51A 5,000sf/0.11A
(C) Upland / Estuarine Shoreline 50,404 sf/1.16A
(D) Total Area Disturbed: 70,600sf/ 1.62 A
(E) Primary Nursery Area: No
(F) Water Classification: SA; closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the maintenance excavation of an existing
access channel, boat basin, and two connecting canals located in Frisco, North Carolina. This
project includes the filling of an existing boat basin no longer in use. This application also
concerns the request for State authorization of a long-term maintenance dredging agreement.
Albert and Larry Bonney, Dare County Page 2
FIELD INVESTIGATION REPORT
Project Setting
The application site is located directly east of Old Landing Road, between NC 12 and the
Pamlico Sound in Frisco, Dare County. The project site, including two-canals, and two
basins, as well as an access channel into these canals, is associated with three separate parcels,
lots 1, 3A, and 3B, and these total 2.8 acres. These parcels are owned by Albert L. and Larry
R. Bonney, and they are co-applicants on the proposed project. The Bonney' s have recently
(within the past two-weeks) purchased these properties from John and Linda Monsell. CAMA
Major Permit No. 44-88 was previously issued to John Monsell for previous channel
maintenance, and other water dependent activities, associated with this site. A review of
available aerial photographs indicate that the existing canals and basins existed prior to 1978,
and prior to that time, the current spoil site had already been used as a dredge spoil retention
site. These photos indicate that much of the shorelines of these waterways were either high
ground or had been filled sometime prior to 1978.
Lot 1 is located directly along NC 12, and includes one existing residential structure, and one
existing commercial building with an associated parking area. Lot 3A is a vacant upland, 2-
acre tract, and is a peninsula, surrounded by the waters of two canals and the Pamlico Sound.
The entire shoreline of this lot is stabilized with wood bulkhead. 14 boat slips are located
along the west side of this lot, adjacent to the basin located behind Island Boat Works.
Previous permits for this lot authorized bulkhead, boat ramp, and boat slip construction, as
well as open water and canal/basin maintenance excavation. Lot 3B is a vacant, .35-acre tract
located between Island Boat Works and Lot 1. Island Boat Work, Inc. is the predominate user
of the existing channel, canals and basin area, and this small company repairs and builds larger
boats (60 to 100-ft in length). For the purpose of this application review, the canal to the south
will be referred to as `canal 1', and the canal to the north will be referred to as `canal 2'.
As lot 3A is the only parcel with `physical' riparian access, and is directly adjacent to the
proposed development that this application review concerns, the following site description and
discussion will deal only with land and water areas on, or adjacent to lot 3A.
The site elevation of lot 3A is approximately 4-ft above the NHWL. Although portions of
adjacent properties (across the canals) are vegetated in coastal marsh and other wetlands, lot
3A is entirely upland, and is sparsely vegetated with upland grasses and Spartina patens. The
exposed soils are predominately fine marine sands, shell, and disturbed soils (Osier and
Psamments).
Due to the lot alignment with the two adjacent canals, five adjacent riparian property owners
have been identified as adjacent to this project site. From northeast in a clockwise direction,
these include Harlon C. Willis, Jeffrey Midgett, Island Boat Works, Inc., George H.
Williams, Robert and Florence Swartz, and Alan Mehanes. The shorelines of the Mehanes,
Swartz, and Island Boats Works, Inc. properties are stabilized with bulkhead structures. A
CAMA Major Permit No. 04-03 was recently issued to Alan Mehanes to install rock rip-rap
along portions of his existing bulkhead wall across the canal, south of lot 3A.
Albert and Larry Bonney, Dare County Page 3
FIELD INVESTIGATION REPORT
The width of canal 1 ranges between 120 and 140-ft, and the existing channel of this canal is
aligned directly offshore of lot 3A. Canal 1 is the primary canal associated with this property,
and the navigation channel is aligned to extend directly into the boat basin at the end of this
canal, and in front of the boat ramp for Island Boat Works, Inc. The water depths in canal 1
range between 1.5-ft, and 5-ft below the NHWL, with the existing channel depths ranging
between 4 and 5.5-ft below the NHWL.
The width of canal 2 ranges between 50 and 85-ft, and the existing channel of this canal is also
aligned directly offshore of lot 3A. Canal 2 is a secondary canal associated with this property,
and the navigation channel that enters this canal is aligned to extend beyond a 5,000-sf boat
basin that is aligned perpendicular to the canal alignment. The water depths in canal 2, and its
associated channel, range between 2 and 6-ft below the NHWL.
The channel and canal bottom areas were visible on the day of this site visit, and the first
several inches of bottom material consisted of fine sand and shell fragments, with little
apparent organic composition. No significant areas of submerged aquatic vegetation were
observed. However, it is important to note that large beds of submerged aquatic vegetation are
common in this vicinity of the Pamlico Sound.
The waters of these canals carry the same water classification as the Pamlico Sound. The
North Carolina Environmental Management Commission has designated these waters as `SA'
waters (suitable for shellfish propagation and harvesting); however, the waters in this vicinity
are closed to the commercial harvest of shellfish. The North Carolina Marine Fisheries and
Wildlife Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters.
During the site investigation, no shellfish were observed along the water bottom. Juvenile
finfish and crustaceans have been observed along the shoreline.
The Coastal Resources Commission (CRC) has also designated these waters as Estuarine
Waters and Public Trust Areas of Environmental Concern (AEC). Also under the designation
of the CRC, a Coastal Shoreline AEC extends in a contour of 75 ft landward of the NWL. The
CRC has also designated coastal wetland vegetated areas, like those described above that exist
on adjacent properties, as a Coastal Wetland AEC.
During a review of available mapping data on recorded archaeological and/or historical-
cultural resources, it was discovered that approximately 10-sites have been identified that are
within 2,000-ft of the project site.
Project Description
This project involves the maintenance excavation of an existing sound channel, a boat basin,
and two adjacent canals. This project will also include the filling of an adjacent basin that is
associated with one of these canals, and is no longer used for boat mooring. This application
also concerns the request for State authorization of a long-term maintenance dredging
agreement to maintain 6-ft water depths in the connecting access channel, canals and basin.
Albert and Larry Bonney, Dare County Page 4
FIELD INVESTIGATION REPORT
Prior to any offshore maintenance excavation, the project will commence with the construction
of a 65-ft long bulkhead wall to close off the existing basin located in canal 2. This basin is
65-ft wide and, at it's longest length, is 100-ft. Water depths in this basin range between 2 and
3-ft below the NHWL. This basin will be backfilled with clean fill material to the original land
surface elevation, in conjunction with the construction of an on-site spoil retention structure to
handle the eventual dredge spoil that will be generated during the maintenance excavation of
the open-water channel, the two existing canals, and the remaining boat basin. It is estimated
by the permit applicant that the filling of this basin will result in the placement of
approximately 550-cy of fill material below the NHWL, and the loss of about 5,000-sf of
water bottom.
The spoil retention structure will be constructed on lot 3A, and will consist of 1.2-acres of
containment area. The structure is planned such that the landward toe of the berm
configuration will be at least 30-ft landward of the shoreline. The structure berm walls will be
constructed of clean, fill-sand material, some coming from on-site, but mostly supplemented
by additional off-site material. The berm walls will be approximately 40-ft wide, 8-ft high, and
at least 5-ft wide at the berm crest. The application drawings indicate that the berm will be
constructed at a 3 to 1 slope, and the structure will be operated to allow for a 1-ft freeboard.
The hydraulic dredge spoil influent line will be situated at the west end of the retention
structure. The effluent control structure will be located approximately 250-ft east of the
influent line. The effluent discharge outfall will be located at the northeast end of the retention
structure, near the effluent control structure, and will discharge into canal 2, approximately
50-ft west of the adjacent property line of Jeffrey Midgett.
The access channel maintenance work will be undertaken with a hydraulic dredge barge. The
maintenance excavation will commence approximately 600-ft offshore to the southwest at the
existing 6-ft water depth bottom contour, and will extend northeast approximately 300 to 350-
ft, where it will broaden to a maximum of approximately 100-ft, and then narrow into two-
separate channels that will enter each of the existing canals. The canal 1 navigation channel
will be 40-ft in width, and will hug the shoreline of lot 3A. The canal 2 navigation channel
will also be 40-ft in width, but will narrow to 30-ft width, approximately 120-ft into the canal.
This maintenance channel will hug the northern shoreline of lot 3A, and will terminate in front
of the newly constructed bulkhead in front of the filled basin. It is estimated by the permit
applicant that this overall access channel and canal maintenance excavation will result in the
removal of 5,400-cy of dredge spoil.
Albert and Larry Bonney, Dare County Page 5
FIELD INVESTIGATION REPORT
Anticipated Impacts
This project will result, as referenced above, in the filling of approximately 5,000-sf of public
trust water bottom within a man-made basin. This portion of work will result in at least 550-cy
of fill material being placed below the NHWL. 1978 aerial photos indicate that this basin
existed and had upland area around the shoreline at that time. It is unknown whether this
basin, and for that matter, the canals were excavated from wetlands. In all probability, at least
portions of this system were excavated from wetlands, however, information is not available to
determine whether this basin, was in fact high ground or not, prior to its creation. The
proposed maintenance dredging will result in the bottom disturbance, and associated turbidity
of approximately 65,600-sf of the Pamlico Sound, and it's connecting waters. It can be
anticipated that the overall project, including both the upland dredge spoil retention site
creation and operation, and the associated proposed maintenance dredging, will result in
associated turbidity in the vicinity of this project during the duration of the project.
The project will not result in the excavation of any significant SAV beds. No portions of the
proposed work will result in the filling, or excavation of any vegetated wetlands. The project
will not result in any significant interference with any adjacent riparian access, or Public Trust
Area navigation. The project will enhance the applicant's public trust access, as well as public
trust access for each adjacent riparian neighbor. Although the proposed basin fill will
eliminate a mooring area adjacent to the Midgett property, currently, several slips are
available along the shoreline of the Midgett property. The applicant and neighboring property
owners have stated that the basin is rarely used.
The applicant has requested that a long-term maintenance dredging agreement be approved for
the existing access channel, associated canals, and basin to allow for annual, routine
maintenance excavation to provide 6-ft water depths in these waters. This depth is frequently
needed for Island Boat Works, Inc. to load and launch vessels to and from their ship building
facility. A long-term agreement would not result in any additional impacts to any significant
coastal resources, and may result in less cumulative impacts, as the scope of annual
maintenance would take less time to complete, and result in shorter periods of time that the
water bottom would be disturbed, and turbidity would be present in the water column.
Hatteras Island is known to be rich in archaeological and cultural resources. An inspection of
mapping data on cultural resources revealed that archaeological, or cultural resource findings
have been recorded on these maps of the Frisco area. This review indicates that sites have
been identified that appear to be in close proximity to this project. It is important to reiterate
that Hatteras Island has a rich heritage in cultural resources, and these maps have not been
updated in at least 10 years. The potential for the discovery of additional cultural or historical
resources is possible.
Submitted by: Dennis W. Hawthorn
Date: May 2, 2003
Form DCM-MP-1
M? JV
APPLICATION APR 2 j?I
(To be completed by all applicants) (.'OASTAL. MANAGEMENT
ELIZABETH CITY
c. Street address or secondary road number
1. APPLICANT 51796 HWY 12
a. Landowner:
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Name Albert L. & La= R. Bonney
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
Address PO Box
City Hatteras State NC
Zip 27943 Day Phone [phone]
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Fax
b. Authorized Agent:
Name Ouible & Associates. P.C.
Address PO Drawer 870
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax [phone]
c. Project name (if any) Bonney CAMA Major
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
b. City, town, community or landmark
Hatteras
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Maintenance dredging of existins access channel and
filling of manmade basin.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public, private or commercial
use? Commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages. Hydraulic dredging of channel. Spoil material to be
placed within diked disposal area constructed onsite.
RPv1CP(1 mi/nri

Form DCM-MP - 1
4PR 2 A. P"-1
COASTAL MANAGEMENT
ELIZABETH CITY
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2.83 acres
b. Size of individual lot(s) Lot 1= 0.48 acres
Lot 3A = 2.0 acres, Lot 3B = 0.35 acres
c. Approximate elevation of tract above MHW or NWL
- 4 ft.
d. Soil type(s) and texture(s) of tract
Osier-fine sand, Psamments (spoil disposal area)
e. Vegetation on tract Some scrub-shrub We vegetation
and opportunistic herbaceous vegetation throughout
disturbed areas.
f. Man-made features now on tract Boat shop. Gift shot)
and associated parking areas, bulkheaded shoreline. 14 boat
slips.
g. What is the CAMA Land Use Plan land classification
of the Site? (Consult the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
None
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract?
If yes, by whom? _
Yes X No
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? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
Conventional onsite wastewater system.
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.)
Surface runoff
o. Describe existing drinking water supply source.
Dare County water supply.
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 ''/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 site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
PPxiivPri ni /4r?
Form DCM-MP -1
FIVED
APR Z I ?V`
• A Stormwater Certification, if one is necessary.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners have
received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name George H. Williams Jr.
Address PO Box 562, Hatteras, NC 27943
Phone
Name Jeffery Midgett
Address PO Box 592, Buxton, NC 27920
Phone
c,QAS1'AL MANAGEMENT
use of public lands, attacW7&q§R1men 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.
Name Allen Mahanes
Address 7913 W. Azalea Garden Rd., Norfolk. VA 23518
Phone
Name Doris Smith, Island Boat Works
Address PO Box 326, Hatteras, NC 27936
Phone
Name Robert & Florence Swartz
Address PO Box 399 Hatteras, NC 27943
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CAMA Major Permit # 44-88, John Monsell, 0/1/88
Renwal 1/22/92, Renewal 3/8/94
• 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.
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 25`h day of February , 2003
Print Name Douglas A. Dorman
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• 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
RPviePrl m/AS
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 excavation or fill
activities. All values to be given in feet.
Average Final
Existing Project
Access
channels
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Length Width Depth Depth
1,090'
550' 40'
40' 4.0'
3.5' 6'
6'

w l
i
,0A5?IZABk C'rAC>rMENY
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 5,400
b. Type of material to be excavated sand
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. High ground excavation in cubic yards NA
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Onsite disposal area
b. Dimensions of disposal area Irregular shape see
enclosed plat. Disposal area is 50,404 sq ft
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'? X Yes -No,
If yes, where?
Do,,:..,,a niioc
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
X Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 65'
c. Average distance waterward of MHW or NWL
86' at midpoint of bulkhead that will enclose manmade
basin. This measurement refers to the filling of the
manmade basin only. See the enclosed plat for more
detail.
d. Maximum distance waterward of MHW or NWL
100' from east side of basin to be filled. This
measurement refers to the filling of the manmade basin
only. See enclosed plat.
e. Shoreline erosion during preceding 12 months
N/A
(Source of information)
f. Type of bulkhead or riprap material Wood
g. Amount of fill in cubic yards to be placed below water
level
(1) Riprap
(2) Bulkhead backfill 554 cubic yards
h. Type of fill material Sand
i. Source of fill material Spoil material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
If Yes,
(1) Amount of material to be placed in the water
554 cubic yards
(2) Dimensions of fill area
Manmade basin 4,974 sf depth avg. 3_
(3) Purpose of fill To fill manmade basin that
was excavated out of high ground.
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If Yes,
(1) Dimensions of fill area N/A
(2) Purpose of fill N/A
5. GENERAL
a. How will excavated or fill material be kept on site and
erosion controlled? Spoil berm to be constructed
with silt fence around perimeter. A Sedimentation and
Erosion Control was applied for on 3/14/03.
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Hydraulic dredge, backhoe, dozer.
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.
uible & Associates, P.C., Agent for
Applicant or Project Name Signat

February 25, 2003
Date

APR ?, .l
;;,_)AS'1"A;L MANAGEMENT
FU7ABETH CITY
n....:..,.,i name
AIIO H!. GVZII=
IN3VOEWNb W IVIS O ?l
z. I ', 8dV

J
Y I
- i
W A T? Michael F. Easley, Governor
O /Q
OC? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Uj r Alan W. Klimek, P.E., Director
Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
June 30, 2002
Dare County
DWQ Project No. 03-0559
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Messrs. Albert L. & Larry R. Bonney
C/o P.O. Drawer 870
Kitty Hawk, NC, 27949
Dear Messrs. Bonney:
On May 7, 2003, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification for impacts to wetlands, Public Trust Waters and Estuarine Shoreline associated with a maintenance dredging
project in Dare County. Insufficient information has been provided in order for us to complete our review. Specifically,
please provide the following materials so that we can complete our review of your application:
Please provide details with respect to your requested 'long term maintenance dredging agreement' with the State of
North Carolina. Specifically, please provide a time schedule for all dredging activities related to the existing facilities for
which the dredging is to be conducted. You should note that DWQ will not issue a 401 Certification without a specific
expiration date, and therefore will not issue a 401 Certification with an undefined time schedule. If you propose to
conduct these dredging activities for a number of years, you will need to justify the schedule. If a 401 Certification is
issued and subsequently expires on the date assigned, you would need to re-apply for a new 401 Certification at that
time.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
and Division of Coastal Management place this project on hold. Also, this project will be placed on hold for our processing
due to incomplete information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Tom Steffens in the Washington Regional
Office at [phone] or Cyndi Karoly in our Central Office in Raleigh at [phone].
cerely,
Dor
0
Y
AW K/cbk
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Doug Huggett, DCM
File Copy
Central Files
Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
030559
«''? J11
MEMORANDUM
TO: John Dorney Regional Contact: torn steffens
Non-Discharge Branch WQ Supervisor: Rager Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Albert L. & Larry R. Bonney County Dare
Project Number 03 0559 County2
Recvd From DCM Region Washington
Received Date 5/7/03 Recvd By Region
Project Type excavation of canals and basins
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
CAMA Waters O Y @N ? 30-22 SA HQW 30,155. 1.62 ? r-r-
?...
JOY ON
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Hold for more info. Applicant requests "Long term maintenance dredging agreement with State" on
this application. DWO does not issue these agreements.
cc: Regional Office
Central Office Page Number 1
UNITED STATES POSTAL S nc),
' Sender. Please print athe, address, +4 in ox'
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
______ Q ? ?ff#il?ifflf??ff?iiFllliiltflfiff?Itfl?fEffI?FF?f?fi?llffll?l?
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print yore name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front f space permits.
Artide Addressed to:
Albert & Larry Bonney
P O Drawer 870
Kitty Hawk, NC 27949
DWQ# 03-0559 - Dare
A. Sig QtM
X E3 Agent
? Addresse
B. Receiver Q9(rver
D. Is Ckj%ry address cif
ff YES, enter delivery
ss tom:
1?
3. Service Type
O'Certilled Mal a Express Marl
? Registered &I"Retran Receipt for Merl waft
? Insrued Mal ? C.O.D.
4. Restricted Delivery? (Extra Fee) 13 Yes
ArtideNwber 7002 2413 0003 0275 1437
(rmnsfer from service &dW
's Form 3811, August 2001 Domestic Rebim Receipt 102595-024A-154
PAMLICO
EiOUHD
5' -
DIKE AROUND SPOIL AREA TO PREVENT TOP OF BERM WASHBACK OF SPOIL MATERIAL
\ 1.0' OF FREEBOARD TOP OF CONTAINMENT 06.0'
4'x8"x10' WHALER FINAL FILL Y
3 4"X18' TIE RODS i \\\//j~% RODS y
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too
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/ COMMISSION NO.
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GRAPHIC SCALE - - 50 0 50 100 - COASTAL MANAGEMENT EX. UTILITY POLE ELIZABETH CITY
N 0
n i N • EX. UTILITIES PED.
0 n°i ( IN FEET)
DRAWING nLE: P02167CAMA 1 inch = 50 ft
o PLOT SCALE: 1'=50' OF 1 SHEETS