19970024 Ver 1_COMPLETE FILE_19970109

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
?EHNR
March 25, 1997
MEMORANDUM
To: John Parker, Division of Coastal Management
From: John Dorney, Division of Water Qual'
Subject: Michael Quidley project
Dare County
DWQ# 970024
The application for this project was received in the Central Office of DWQ on 9 January 1997.
According to our rules (15A NCAC 2H.0507(b)), DWQ has 60 days to act on a valid application for
401 Certification or we have waived the Certification. In this case, DWQ has waived the Certification
since we have neither acted in 60 days nor told the applicant in writing that this application was
incomplete. A
However, we have water quality concerns with the project as proposed that should be addressed in
the CAMA Permit. These concerns are:
1) Dredging should be done to no more than 5 (five) feet below NWL.
2) A post-dredging survey should be conducted by the applicant and sent to DWQ's and DCM's
Washington Regional Office within 30 days of the completion of the dredging.
3) Regular maintenance of this canal and channel is acceptable to DWQ as long as:
a. DWQ is notified in writing at least 30 days in advance of the dredging;
b. the dredging be no deeper than 5 (five) feet NWL and;
c. that DWQ be copied on a post-dredging survey within 30 days of the completion of the
dredging.
4) Finally a two foot freeboard shall be maintained at all times in the upland diked disposal
basin and the dredging shall be performed in phases to accommodate that design.
Please call me at 733-1786 if you have any questions.
cc: Washington D,WQ Regional Office
Central Files
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
"4 a DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANTS NAME: Michael Quidley 0
2. LOCATION OF PROJECT SITE: A man-made canal and channel in the Pamlico Sound, on the North
side of NC 12, adjacent to the Soundside Restaurant, Buxton, Dare County.
Photo Index - 1995: 173-1769, J-N 20 1989: 201-6, J-0 10 1984: 145-391, I-K, 10 and K-N 11
State Plane Coordinates - X: Between 3025700 and 302595
Y: Beginning at 568825 and ending at 570300
3. INVESTIGATION TYPE: CAMA/ Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visits - July 13, 1995
November 11th & 27th, 1996. .
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - December 17,, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Shoreline, Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic
Planned - Same
(F) Type of Structures: Existing - Restaurant, Dock, bulkhead and storage located
on the applicants property
Planned - Future development includes a boat basin and ramp.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
T)R F.T)CTF.T) FILLED OTHER
(A) Vegetated Wetlands
(B) High Ground Spoil Site 12,000 s q. ft.
(C) Public Trust/ Shallow
Water Habitat 73,935 sq. ft.
(D) Total Area Disturbed: 85,935 sq. ft. (1.9 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant would like a Major Modification of CAMA Permit ##81-92 to
maintenance dredge a canal and channel leading to his restaurant in Frisco, Dare County. The project
will include dredging a 845'x 59'x 5.5' channel and a 602'x 40'x 5.5' canal. Spoil material generated
from the project will be placed on a high ground site on the applicants property, adjacent to the canal.
Michael'Quidley
Bio Report
Page 2
PROJECT SETTING
The applicant's property is on the north side of NC 12 across from Quidley's Trailer Park in
Buxton, in Dare County. The property contains 8.44 acres, of which, approximately 2 acres
is high ground. The high ground area on the property was created from spoil material
obtained from the excavation of a man-made canal that enters the property from Pamlico
Sound. The remainder of the property consists of coastal marsh and 404 wetlands. Vegetation
on the property is dominated by black needle rush (Juncus roemerianus), salt marsh cordgrass
(Spartina alterniflora), big cordgrass (Spartina cynosuroides), and sea ox-eye (Borrichia
frutescens). Vegetation found on the small hummocks in the adjacent marsh include groundsel
tree (Baccharis halimifolia) and yaupon (Ilex vomitoria).
Located at the landward end of the man-made canal is a natural tidal creek that provides
flushing for the marsh along the east side of the canal. A narrow coastal wetland fringe exists
along the west side of the canal and an extensive coastal marsh on the east side. The waters of
the Pamlico Sound in this area are classified as SA. According to the applicant the average
depth of the canal is 2.5' below the normal water line (NWL) and 3.6' below NWL in the
channel. Field measurements done by staff are not consistent with those of the applicant.
The average depth of the canal, according to two field measurements, is approximately 4.1'
feet below NWL and the average channel depth is approximately 3.7' NWL. A 100' section
of the canal located approximately 100' south of the mouth of the canal, exceeds the requested
5.5' dredge depths. The average depth in the area in question averages 7.26' below NWL
(See staff's field worksheet).
Prior to the construction of Soundside Restaurant the canal was traditionally used by
recreational and commercial fishing boats.
Permits and violation issued during the development of the applicant's property are as follows:
1] Permit # 201-76: Issued to William Quidley to excavate an existing canal from 12'x 3'
to 20'x 6. The permit included excavation of a 70'x 50' basin. The
issuance date on the permit is 1979.
2] Letter in 1981: In William Quidley's name, indicates that filling of irregularly
flooded marsh may have occurred.- The first condition of permit
#201-76 stated that materials were to remain landward of irregularly
flooded marshes. The file appears to be incomplete and there is no
record that a Notice of Violation was ever issued. Aerial photograph
#91-167, dated 12-13-78 only shows a small path_ near the canal prior
to the dredging in permit #201-76 (issued in 1979), while aerial photo
#145-391 taken in 1984 shows that extensive filling took place. ,
3] Permit #31-88: A Major Permit was issued to William Quidley to maintenance
excavate a 370'x 40'x 5' access channel, a 900'x 40'x 5' canal, and a
200'x 70'x 5' boat basin. There is no record (in this office) of any
Michael Quidley
Bio Report
Page 3
permit being issued between 1974 and 1988 establishing a channel at
this project site. The interesting aspect of the permit is the request to
dredge a 900' canal when the canal was only about 650' long. It is
also interesting to note that the canal was limited to a width of 20'
according to the permit issued in 1979 permit, and in 1988 Mr.
Quidley requested a permit to "maintenance" dredge the canal at a 40'
width. It appears that the canal was dredged to a width of 40', yet no
permit has been found authorizing the increase.
4] NOV #89-26A: Issued to William Quidley for violating the conditions of CAMA
Major Permit #31-88. The channel leading into the canal was over
dredged and the required restoration was completed.
5] Permit #92-032: Minor Permit issued to Michael Quidley to construct a 28'x 40' fish
house. A structure existed on the property and appeared as of the
1984 photo, but no copy of a Minor Permit was found for the
structure.
6] Permit #81-92: Major Permit issued to Michael Quidley to'fill 275' of the southern
end of the canal, leaving a 10' drainage ditch leading into the existing
tidal creek to allow adequate flushing. The permit also authorized the
dredging of a new basin behind the restaurant and included 10 finger
piers for ten boats and a boat ramp. The final aspect of the permit was
the construction of a 40'x 40' building. The 40'x 40' building
replaced the 28'x 40' structure approved under permit #92-032 by the
Dare County LPO. To date the boat basin and ramp have not been
constructed.
7] Minor
Modification: In November of 1992, permit #81-92 was modified to include a
bulkhead along the west side of the canal around the fill site and
restaurant.
8] Refinement: May 25, 1993, permit #81-92 was refined to include a bulkhead along
a section of canal next to the restaurant.
9] Renew #81-92: June 28, 1996
10] Refinement: Allowed broken concrete to be placed in a portion of the canal to be
filled under Permit #81-92.
11] Oct. 11, 1993: A warning letter was issued to Michael Quidley for placing fill
material and debris in coastal wetlands at the southern end of the
canal. It appeared to have been inadvertently placed. Therefore, no
violation was issued. The material was removed as requested.
r
Michael Quidley
Bio Report
Page 4
PROJECT DESCRIPTION
The applicant would like to obtain a Major Modification for Permit #81-92 to maintenance
dredge the canal and channel adjacent to his restaurant in Frisco (Soundside Restaurant). The
modification of the applicants existing permit also includes a request for a maintenance clause
to allow future maintenance dredging without having to submit additional permit
modifications.
The dredge project includes an 845'x 59' channel and a 602'x 40' canal. Permit #201-76 was
issued allowing a depth of -6' below NWL, while more recent permits have limited the depth
to no more than -5' below NWL. The total area of shallow water habitat to be disturbed,
according to the application is 73,935 square feet. The channel and canal will be dredged
hydraulically to a depth 5.5' deep and the spoil material will be placed on high ground in the
area of the proposed boat basin, which is shown on the approved site plan dated 3/16/92.
Submerged aquatic vegetation does not appear to be present within the alignment of the
channel.
The spoil retention site is 80'x 150', measured from the outside toe of the earthen berm. The
outside toe of the earthen berm will be approximately 10' from the canal on the east side and
5' from coastal wetlands on the west side. According to the application and site plan the spoil
retention site will hold 2,237 cubic yards of material. The spoil generated by the project is
estimated to be 6,506 cubic yards of material and will be removed in three phases. The spoil
material will be removed to a suitable high ground site.
Field inspection of the project site indicates that 100' of canal beginning at the canal's mouth
and. running in a southerly direction for 100' exceeds 5.5' below NWL. The average depth in
the "over dredged" area averages 7.26' in depth. The existing "over dredged" area apparently
was not detected in 1989 when Mr. Quidley was issued a violation. According to field
measurements the average depth in both the canal and channel are greater in depth than that
shown on the site plan. Based on field measurements, shown on the staff field worksheet
enclosed, the area of public trust and shallow water habitat to be disturbed should be
approximately 69,935 square feet, not 73,935. Field measurements would also indicate a
reduced amount of spoil generated by the project, equaling approximately half of that
estimated by the applicant.
The usable are of the spoil site determined by the review staff is based on the usable area
inside, but not including the earthen berm, which is approximately 138'x 68'. Based on staff
findings the holding capacity of the proposed spoil site is sufficient to undertake the project if
completed in phases to allow spoil material to be adequately de-water prior to removal.
ANTICIPATED IMPACTS
1] Approximately 62,221 square feet of sandy shallow water bottom will be disturbed as a
result of the project.
Michael Quidley
Bio Report
Page 5
2] Approximately 12,000 square feet of high ground will be disturbed, and of that 9,750
will be in the Area of Environmental Concern (AEC).
3] There may be some minor disturbance submerged aquatic vegetation lying outside of the
channel alignment.
4] Temporary localized turbidity will occur around the project site.
5] While there have been sites identified near the applicant's property, no archeological
sites are known to be associated with the property in question.
6] There are no unique remnant species or geological formations known to be associated
with lot 353.
Several permits have been issued for dredge and fill activity on the applicant's property.
Aerial photographs and a review of the history of the property indicate unauthorized fill
activity may have occurred in coastal wetlands through the years. Photographs show a high
probability that the property was originally coastal marsh. The project site is approximately
1,500 feet west of Scott's Boatyard and Marina.
CAMA REVIEW
A Land Use Plan consistency determination will be submitted in a separate letter by John
Thayer.
Submitted By: Lynn Mathis
Date: December 16, 1996
Form DCM=MP-1
APPLICATION SEP 1 a 1990
(To be completed by all applicants)
1. APPLICANT . ,
a. Landowner:
Name Michael D. Quidley
Address P. O. Box 233
City Buxton State N . C .
Zip 27920 Day Phone [phone]
Fax
b. Authorized Agent:
Name Freddy D. Rankin, RLS
Address P.O. Box 121
City Frisco State N.C.
Zip 27936 Day Phone [phone]
Fax [phone]
c. Project name (if any) Soundside Marina
at Buxton
NOTE. Permit will be issued in name of landowner fs), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town community or landmark
Buxi' on
c. Street address or secondary road number
N.C. No. 12 Hwy.
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.
Excavation of Channel for
Mooring Facility
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? Publi and 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. Provide adequate
ingress/egress for commercial &
recreation& 1, boat&. (see attached
narrative for ad itiona information)
Revised 03/95
Form LCM=MP-1 '
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 8.44 Acres
b. Size of individual lot(s)
N/A
c. Approximate elevation of tract above MHW or
NWL 5.5'
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Uplands-Wax Myrtle,
Live Oak, Yaupon Wet an s-Juncus,
Spartina.
f. Man-made features now on tract Restruant,
Bulkhead, & Docks
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 lned by local government?
Commercial
L Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom? N/A
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 X
If yes, has a delineation been conducted?
(Attach documentation, if available)

in. Describe existing wastewater treatment facilities.
Nq e
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.
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 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
Form DCM-MP=1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete, addresses of the
adjacent waterfront (riparlian) 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 State of North Carolina
Address Board of Education
Phone Raleigh, N.C.
Name Gerald J. Schipper
Address 2329 Dixon Rd., MD., 21 201
Phone
Name
Address
Phone
SEP 1 p
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 ;n 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.
• A list of previous state or federal permits issued for This is the 29 day of August , 1996
'
work on the project tract. Include permit numbers, Print Name Freddy D. Rankin, RLS
permittee, and issuing dates. sInt 31-88 William S. Quidley 2/2/88 S'gie ?-- -
1 Eit}fdbD?ilfKb? uthorized Agent
81-92 Michael Quidley 7/28/92 ..?
Lqpu??c996-033 Michael D. Quidley 6/3/96
• 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.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.
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
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
ZOl -7(o bt/eLLtArM Gut+7(k? I
+
Revised 03195
DEC-13-1995 12:56 FROH DCl•l-N-IF E . , 1_ 1 TY 10 1 ; nn??«.?g4? F . nl : 02
rtn DCM-M P-2
:S"•°'W`
AND FILL
xcept bridges and culverts)
tack this form to Joint Application for LAMA Major
.rmit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION
'ner sections of the Joint Application that relate to this
oposed project.
ascribe below the purpose of proposed excavation or
,I activities. All values to be given In feet.
Aver2ge FbW
Ming Projed
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
l.engtb Width Depth Depth
sqt
845 4" 3.6 5.5
602 40 2.6 5.5

.
ISO

a. Amount of material to be excavated from below
MIJW or NWL in cubic yards _ X506
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. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Upland
area adjacent to site
b. Dimensions of disposal area 60 - x 214!.
aG±X t5o'
c. 17o 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? Same site
Re-used 03/95 \
DEC-13-1995 12:56 FROH DC19-N 11= E. C 1 Tf
)rm DCt?I-N1?' 2
Does the disposal area Include any coastal wetlands
(marsh), SAVs or outer wetlands?
Yes X No
Does the disposal Include any area In the water?
Yes X No

SHORELINE STABILIZATION
Type of shoreline stabilization
Bulkhead Riprap
Length
Average distance waterward of MHW or NWL
1. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
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
h. Type of fill material
i. Source of fill material
lO 1 700995«610 F.0.2 O2

If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands J?
(marsh), SAVs or other wetlands?
Yes No
If yes, 9Q ?.
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Berm
b. What type of construction equipment will be used
(for example, dragiine, 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.
4. OTHER FILL ACTMTIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
App ' t or, me .
Signature i
Date
Reyl4d 03195
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THE PROPOSED PROJECT INVOLVES EXCAVATION OF A 59' x 1447'?Zwx5q l
CHANNEL BY HYDRAULIC DREDGE; AND A REQUEST TO DO FUTURE 1447
MAINTENANCE DREDGING OF THIS CHANNEL AFTER GIVING WRITTEN
Al/1TIt1I+AT1i'hu -r., .,-l .? ..- __
•W Ivn wlv I .u i nc APPROPRIH I E GOVERNMENT REGULATORY
AGENCIES.
ALL EXCAVATION WILL TAKE PLACE BELOW N.W.L. NO SIGNIFICANT
VEGETATED OR S.A.V. WETLANDS WILL BE DISTURBED BY THIS
PROJECT. ALL SPOIL MATERIAL WILL BE PLACED IN AN ADJACENT
UPLAND DISPOSAL AREA AND RETAINED BY A BERM TO INSURE THAT
MATERIAL DOES NOT ERODE INTO WETLANDS OR THE WATERWAY.
THE DREDGING OPERATIONS WILL TAKE PLACE IN 3 STAGES. WHEN THE
SPOIL AREA HAS REACHED CAPACITY, THE SPOIL WILL BE REMOVED
FROM THE SITE AND DISPOSED OF IN A SUITABLE UPLAND AREA. SPOIL
AREA BERMS WILL BE REDRESSED IF NECESSARY AND DREDGING
OPERATIONS WILL RECONVENE. AT COMPLETION OF ALL DREDGING
OPERATIONS ALL SPOIL AND BERM MATERIAL WILL BE REMOVED FROM
THE PROJECT SITE AND DISPOSED OF IN A SUITABLE UPLAND AREA.
THE CHANNEL WILL PROVIDE ADEQUATE INGRESS/EGRESS TO DEEP
WATER FOR SOUNDSIDE MARINA FOR COMMERCIAL AND.
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IMPROVEMENTS TO THIS SITE DEPEND UPON THE USE OF THIS
CHANNEL. DEC 1 6 199
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