19970083 Ver 1_COMPLETE FILE_19970206

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
APPROVAL of 401 Water Quality Certification
Mr. Robert Perry
1719 Vineyard Trail
Annapolis, MD 21401
Dear Mr. Perry:
F== F1
March 7, 1997
Dare County
WQC 401 Project #970083
COE #199703816
You have our approval, in accordance with the attached conditions, to place fill material in 2,800 square
feet of wetlands or waters for the purpose of constructing a bulkhead, pier and platform at lot 37, Bayview
Homes subdivision, as you described in your application dated 29 January 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3112.
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. 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) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
4esn Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney ;
Central Files
John Parker; DCM
970083.ltr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 3, 1997
Regulatory Branch
Action ID No. 199703816
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
RECEIV
FEB 1 0 1997,
ENVIRONMENTAL SCIENCES
,^,A
Please reference the application of Robert Perry for Department of
the Army (DA) authorization and a State Water Quality Certification to
construct a wooden bulkhead, pier, and platform, on Lot 37, Bayview Homes
Subdivision, located at the east end of Gilbert Street, adjacent Shallowbag
Bay, in Manteo, 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.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by March 30, 1997, 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,
(ta? OA
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
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
DIVISION OF COASTAL MANAGEMENT -
FIELD INVESTIGATION REPORT
29
1. APPLICANT'S NAME: Robert Perry
WETLANDS GRUIP
WATEROUALIT?Y SE
2. LOCATION OF PROJECT SITE: Lot 37, Bayview Homes S/D, east end"' f i fiert .?trreet, Ivia
Dare County, adjacent Shallowbag Bay
Photo Index - 1995: 182-1881 R,S-12 1989: 152-6 R-14 - 1984: 141-1569 P,Q-4
State Plane Coordinates - X: 2986900 Y: 800850
3. INVESTIGATION TYPE: CAMA/D&F -
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/11/96
Was Applicant Present - Represented
5. PROCESSING PROCEDURE: Application Received -'January 8, 1997
Office Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Manteo
Land Classification From LUP - Developed, Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Town of Manteo Municipal Sewer
Planned - None
(F) Type of Structures: Existing - Concrete riprap
Planned - Wooden bulkhead, pier
(G) Estimated Annual Rate of Erosion: 1'
Source - Aerial photos
7.. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow water habitat 2800 sq.ft.
(C) Other (shaded)
Public trust waters 350 sq.ft.
(D) Total Area Disturbed: 3150 sq.ft. (.07 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 214' of wooden bulkhead a maximum
distance of 20' waterward of normal water level and an average distance of 16' waterward of NWL.
The applicant also proposes to construct a 6' x 25' pier and 10' x 20' platform in the waters of
Shallowbag Bay.
w ?
Debra and Robert Perry
The applicant's property is located at the end of Gilbert Road adjacent to a man-made canal
and Shallowbag Bay off Roanoke Sound, Manteo, Dare County. The property is bounded on the
north by a man-made canal and on the east by Shallowbag Bay and the south by Gilbert Road. There .
are 182 linear feet of estuarine shoreline. The lot contains approximately 6,231 square feet, all of
which is located within the Estuarine Shoreline AEC -
Approximately 134' of the property adjacent to the water has a riprap shoreline stabilization
system comprised of broken concrete and asphalt. The riprap material extends an average of 16' and
a maximum 20' waterward of the normal water line. There is no evidence of erosion along the section
of shoreline that has riprap material. Approximately 50' of shoreline, along the man-made canal, has :
no shoreline protection and shows evidence of erosion.
Upland vegetation includes, but is not limited to, Loblolly Pine (Pinus taeda), Yaupon (Ilex
vomitoria), Cedar (Juniperus i ftiniana), and Wax Myrtle (Myrica cerifera). Vegetation along the
shoreline growing through the riprap consists primarily of Salt Meadow Cordgrass (Saprtina patens),
Sea Ox-eye (Borrichia frutescens). While coastal wetland species can be found on the property,
there appears to be no coastal or 404 wetland involvement.
The waters adjacent to the property have been classified as SC by the Division of
Environmental Management and are closed to shellfishing.
PROPOSED ACTIVITY
The applicant would like to construct a 214' bulkhead (including two return walls totaling
29.36) an average of 16waterward of the normal water line (NWL), which will extend a maximum
of 20' waterward of the NWL. The bulkhead will be constructed of salt treated wood and backfilled
with a sandy soil from a commercial supplier. According to the application 2,800 square feet of
public trust water and shallow water habitat will be filled with 71 cubic yards of material below NWL.
According to staff calculations an additional 218 cubic yards additional will be needed in order to
backfill the property as proposed ( four feet above NWL).
The project also includes the construction of a 6'x 25' pier with a 10'x 20' platform extending
into Shallowbag Bay. The depth at the waterward end of the pier will be approximately 4. The pier
and platform will be constructed out of salt treated material.
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
b. City, town, community or landmark
Manteo
c. Street address or secondary road number
End of Gilbert St., Lot 37 Bayview
Name Debra and Robert Perry d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address 1719 Vineyard Trail
e. Name of body of water nearest project (e.g. river,
City Annapolis State MD creek, sound, bay) Shallowbag Bay of Roanoke Sound
Zip 21401 Day Phone [phone]
Fax [phone]
b. Authorized Agent:

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT -
Name Environmental Professionals, Inc.
Address PO Box 1368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any) Robert Perry
NOTE.' Permit will be issued in name of landowner(s), andor
project name.
2. LOCATION 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.
Construction of wooden bulkhead.aAA o,gr
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
c. Will the project be for public, private or commercial
use? Private
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.
Construct bulkhead at toe of existing rip rap.
a. County Dare
,. .
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 6.23 1 so ft
b. Size of individual lot(s) 6,231 sq. ft.
c. Approximate elevation of bract above MHW or NWL
2.8'
d. Soil type(s) and texture(s) of tract
sand
e. Vegetation on tract loblolly pine, redbay, wax m qle_
yaugoh holly, cedar bullbrier, sea oxeye, and
saltmeadow grass
f Man-made features now on tract existing water meter,
sewer, & rip rap on shoreline
g. What is the CAMA Land Use Plan land classification
of the site? (Constdt the local land ure plan)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
.commercial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance cernficale, 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? _ Yes X No
Coastal (marsh) N/A Other
if yes, has a delineation been conducted? N/A
(Attach docttntenlation, ifavailable)
m. Describe existing wastewater treatment facilities.
central sewer 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.)
None
o. Describe existing drinking water supply source.
municipal system
5. ADDITIONAL INFORMATION
t
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 corny 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 Conunission Rule 710203 for a detailed
description.)
Please note that original drawings are preferred and only
high quality copies will be accepted. Blue-line prints or
other larger plats are acceptable only if an adequate

Form DCM MP-1
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.
•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 John Cosby
Address 1315 Oakwood Ct
Phone Lynchbure. VA 24503
Name Manteo Town Manager/Kermit Skinner
Address PO Box 1000
Phone Manteo NC 27964
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• 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 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 am authorized to grant, and do in fact, grant
permission to reproves 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 7th day of January . 1997 .
Print Name Robot Perrv
Signature 0?1 /A/60Z/
d er orAuthorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
Form DCM -MP-2
EXCAVATION
AND F.ILL
(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
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Length wiatn ueptn Leptn
N/A
N/A
a
N/A
N/A
N/A
N/A
N/A

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands? N/A Yes N/A No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of diposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? N/A Yes No
If yes, where? N/A
Revised 03/95
. A.
Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands?
Yes No N/A
f. Does the disposal include any area in the water?
Yes No N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 214'
c. Average distance waterward of M1-1W or NWL
16'
d. Maximum distance waterward of MHW or NWL
20'
e. Shoreline erosion during preceding 12 months
1'
(Source of information) air photo
f. Type of bulkhead or riprap material
pressure treated wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap none
(2) Bulkhead fill 71 c. yds.
h. Type of fill material
sand fill
I. Source of fill material
local commercial supply
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
If yes,
(1) Amount of material to be placed in the
water 71 c. vds.
(2) Dimensions of fill area 2,800 sq. ft.
(3) Purpose of fill backfill for proposed
bulkhead
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? Fill to be placed
after bulkhead is constructed.
b. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
dump truck, bulldozer
c.
Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. N/A
Robert P
Appliof Project Name
Si
January 7, 1997
Date
Revised 03/95

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A
Form DCM-MP-1. Be sure to complete all other sections of the (1) . Commercial Community Private
Joint Application which relate to this proposed project. (2) Number
(3) Description of buoy (Color, inscription, size, anchor, etc.
a. Dock(s) and/or Pier(s)
(1) Commercial Community X Private
(2) Number 1
(3) Length 25'
(4) Width &
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) X Yes No
(i) Number 1
(i) Length 10'
('iii) Width 20'
(7) Number of slips proposed none
(8) Proximity of structure to adjacent riparian property
lines 50' or greater
(9) Width of water body on Bay side
(10) Water depth at waterward end of pier at MLW or
NWL 4.0 NWL
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
C. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL, or
wetlands
(3) Maximum distance beyond MHW, NWL or!
wetlands
(4) Width of water body
(5) Distance buoy(s) to be placed beyond shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) N/A
(1) Commerical Community Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
1
Robert Perry
Appli of Project Name
lwal
r a e
Dat'T'? -
Revised 03/95

MA ETN 0
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VICINITY MAP
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PROPOSED VAJOEAD '
MRSHED GRADE
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2 AREA TO BE FILLED
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N
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NMl
SELOW
- EASTNG GRADE
TIE BACIC AS
REONRED
. PROPOSED BULKHEAD
m a p SECTION A-A'
BU LKHEAD DETAIL
N.T.S.
EXISTING CANAL
-2.3' PROPOSED BULKHEAD ALIGNME C-4 A
AREA CKqLL5p
PIER CROSS SECTION
NTS /
SHALLOW BAG BAY ?--? ?-
OFF OF
ROANOAKE SOUND ?-
-3.5
As
F ?-
LOT 36 LOT 37 SCATTERED ASPS
RIP RAP
ALONG SHORELINE
NOW OR FORMERLY
JOHN COSBY to
0
217 SOFT. OF ESTUARINE
SHORELINE TO BE FILLED
•v
tJH
SPARTINA PATENS
GROWING ON BANK
1a BORRICHIA FRU TESCEI
0 GROWING THROUGH
RIP RAP
17
GILBERT ST.
(TOWN OF MANTEO)
ROBERT PERRY SCALE. - 20'
1/8/97
DATE.
CAMA PERMIT APPLICATION "
JOB NUMBER: 96-261 R-2
LOT 37 BAIMEW HOMES SUBDIVISION DRAWN BY: JJ
MANTEO DARE COUNTY NORTH CAROLINA REVIEWED: GW
X25- /-1 i-
PROPOSED PIER do DOCK N -4.0'
-3.5' ?-
LEGEND:
J
SPARTINA PATENS
4 W
.? . BORRICHIA FRUTESCENS
®. EXISTING RIPRAP AND
AREA TO BE BACKFlLLED
® AREA TO BE BACKFlLLED

-3.5' PROPOSED BULKHEAD
-3.5' EXISTING DEPTH
AT NWL
ENVIRONMENTAL
PROFESSIQNALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS. N.C. 27948
PHONE [phone]
FAX [phone]