19970196 Ver 1_COMPLETE FILE_19970305

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howesy Secretary
A. Preston Howard, Jr., P.E., Director
June 11, 1997
MEMO
TO: Jim Mulligan
FROM: John Dorn
RE: Chronology for Wallace ray project
Dare County
DWQ # 970196
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C) EHNF1
On Monday, you requested that I review the file for the Wallace Gray project in Dare
County and prepare a chronology. Below is the chronology as requested. Please call me with any
questions. According to Deborah, she got a copy of the permit application from DCM staff in
WaRO on 2/24/97. According to our rules (15A NCAC 2H.0507), "All applications shall be
granted or denied within 60 days after receipt at the offices of the Director in Raleigh, North
Carolina."
Elasped time
(Days)
0 days 1. Received Central Office
20 days 2. Fax from WaRO
36 days 3. Fax from WaRO
46 days 4. Fax to WaRO
46 days 5. Sent to Archdale
50 days 6. From SWT to APH
62 days 7. Note from APH
67 days 8. Memo to DCM
cc: Roger Thorpe,,WaRO
Deborah Sawyer, WaRO
Jimmie Overton
Pete Colwell
970196.chr
2/28/97 (from COE) Clock starts
3/5/97 (from DCM)
3/19/97 Hold for site visit
4/4/97 Deny due to WQ
4/14/97 Draft denial
4/14/97 with warning note
4/18/97
4/30/97
5/5/97 w/ recommendations
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/100/o post consumer paper
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes & Hunt, Jr., G ove mor
Jonathan R Howesy Secretary
A. Preston Howard, Jr., P.E., Director
June 11, 1997
MEMO
TO: Jim Mulligan
FROM: John DornuA
RE: Chronology for Wallace ray project
Dare County
DWQ # 970196
A4?j*
EDEHNR
On Monday, you requested that I review the file for the Wallace Gray project in Dare
County and prepare a chronology. Below is the chronology as requested. Please call me with any
questions. According to Deborah, she got a copy of the permit application from DCM staff in
WaRO on 2/24/97. According to our rules (15A NCAC 2H .0507), "All applications shall be
granted or denied within 60 days after receipt at the offices of the Director in Raleigh, North
Carolina."
Elasped time
(Days)
0 days 1. Received Central Office
20 days 2. Fax from WaRO
36 days 3. Fax from WaRO
46 days 4. Fax to WaRO
46 days 5. Sent to Archdale
50 days 6. From SWT to APH
62 days 7. Note from APH
67 days 8. Memo to DCM
cc: Roger Thorpe, WaRO
Deborah Sawyer, WaRO
Jimmie Overton
Pete Colwell
970196.chr
Environmental Sciences Branch - 4401 Reedy Creek Road
Telephone [phone]
An Equal Opportunity Affirmative Action Employer
2/28/97 (from COE) Clock starts
3/5/97 (from DCM)
3/19/97 Hold for site visit
4/4/97 Deny due to WQ
4/14197 Draft denial
4/14/97 with warning note
4/18/97
4/30/97
5/5/97 w/ recommendations
• Raleigh, North Carolina 27607
FAX # [phone]
50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James R Hunt, Jr., Govemor
Jonathan R Howes, Secretary
A. Preston Howard, Jr., P.E., Director
FAX
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Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
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FAX NUMBER:
FROM:
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DATE: PAGES INCLUDING THIS SHEET: 2-
COMMENTS:
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
C) EHNR
Ja mes R Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
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FAX TO: L4 I Vv, ft?k )
FAX NUMBER:
FROM:
DATE: < < ?? ( PAGES INCLUDING THIS SHEET: COMMENTS:

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_ State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes & Hunt, Jr., G ove mor
Jonathan B. Howes Secretary
A. Preston Howard, Jr., P.E., Director
May 5, 1997
MEMO
TO: John Parker, DCM
FROM: John Dorney, D Q f
RE: 401 Certification
Wallace Gray.project
Dare' County
DWQ # 970196
S-
As you are aware, DWQ's revised 401 Certification rules give
us 60 days to make a decision from receipt of the application in
the Central Office. This project was received on February 28,
1997 in the Central Office (received on February 24 1997 in
Washington Regional Office). Since more than 60 days has
elapsed, the 401 Certification for this project is hereby waived.
If a CAMA permit is issued for the project, we would
recommend that the provision of Certification Number 3105
(attached) be included in the CAMA permit to ensure that the
operation of the upland diked disposal basin does not violate
water quality standards. Please call me if you have any
questions.
970196.wav
cc: Deborah Sawyer,
Central' Files
Washington DWQ Regional Office
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Alffrmative Action Employer 50% recycle&l0 % post consumer paper
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TION FOR PROJECTS ELIGI
WATER FROM UPLAND CONTAINE
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and wetlands as
described in 33 CFR 330 Appendix A (B) (16) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 16).The category of
activities shall include the discharge of return water from an upland,
contained dredge disposal area. This certification replaces Water
Quality-Certification Number 1273 issued in November 10, 1978 and
Water Quality Certification Number 2668 issued on January 21, 1992.
This WQC is rescinded when the Corps of Engineers reauthorize
Nationwide Permit 16 or when deemed appropriate by the Director of the
DWQ.
The State of North Carolina certlfies that the specified
category of activity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of water or
wetlands for this General Certification requires written
concurrence from the Division of Water Quality;
2. That the discharge will be free from toxic pollutants in
violation of state water quality standards;
That the terminal end of the pipeline from the dredge into
the retention area be positioned at a maximum distance from
spillways to allow adequate settling af,suspended solids and
a sufficient distance from any part of the dike so as to
preclude dike erosion by the pipeline discharge;
4. That a water control structure be installed at the intake
end of the effluent leading from the retention area in order
to insure maximum settling of suspended solids and control
of,discharge volumes;
5. That the flow from the diked retention area be contained by
pipe, metal or wooden trough, or similar device to a point
waterward of any emergent vegetation along the shoreline
unless it can be clearly shown by the applicant that a
different design will result in less environmental impact;
6. That sufficient freeboard be maintained within the diked
disposal area during the dredging operation to assure the
integrity of the dike structure and the containment of the
dredged material;
7. Hydraulic dredging in piedmont and mountain lakes (as well
as some locations in the coastal plain when specified by
DWQ) which utilize an upland diked disposal basin with a
return pipe for the return water shall utilize the "two
basin" design as shown on the attached sketch or have
written approval from DWQ to vary from this design. The
applicant shall contact DWQ for specifications regarding
this design; .
6. That the concentration of settleable solids in the effluent
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MEMO
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North Carolina Department o?J . ' ent,
Health, and Natural Resources printed on Recycled Paper
State of North Carolina
Department of Environment, TkW*WA
Igealth and Natural Resources 1 • •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) F H N F?L
A. Preston Howard, Jr., P.E., Director
April 25, 1997
Certified Mail - Return Receipt Requested
Mr. Wallace Gray
P.O. Box 1208
Buxton, NC .27920
Dear Mr. Gray:
Subj: Application for Water Quality Certification
Dare County
WQC #970196, COE #199703932
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act
was received by the Division on 28 February 1997. The activity for which the Certification is sought is to
dredge a canal and channel from Avon Harbor to Pamlico Sound and construct two jetties. A Water Quality
Certification is a determination by the Division that the activity for which the federal permit or license or
CAMA Permit is sought is not expected to result in a violation of state water quality standards for the
waters of the state.
After a thorough, on-site inspection of your property, my staff has determined that existing uses are
present in the waters of the canal as described in 15A NCAC 2B.0220 for which you have requested a
certification. As provided by 15A NCAC 2H .0506, our review determines whether a proposed project will
violate water quality standards or remove or degrade the existing uses of the water. In particular we believe
that dredging of this canal would result in violations of the dissolved oxygen water quality standard (15A
NCAC 2B .0220 (3)(b)). Therefore I am hereby notifying you that the subject project would result in a
violation on 15A NCAC 2H.0506(b). Therefore, in accordance with 15A NCAC 2H 0507(e), I have
determined that the 401 Water Quality Certification for this project shall be denied
If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this denial. This request must be in written petition conforming
to Chapter 150B of the North Carolina General Statures and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be
final and binding. Finally, we are available to further discuss modification to your proposal which would
answer our objections and allow issuance of a 401 Certification.
If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality
Planning Branch of this Division at [phone].
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Washington DWQ Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Washington Field Office
Mr. John Parker
Mr. John Domey
George Wood; Environmental Professionals
Central Files
U.S. Environmental Protection Agency, Region IV 970196.den
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
State of North Carolina
Department of Environment,
Health and Natural Resources
James a Hunt, Jr., G ove mor
Jonathan a Howesy Secretary
Steven J. Levitas? Deputy Secretary

ED EHNF-I
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
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DEHNR Fax:[phone] Apr 4 '97 15:13 P.03/03
r,: isioa -,Plwr?ter Quality
: Wasbigglon Regional Office
.P Pri? 3!,' 15-197
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'1'firou?;l:: Roger Thorpe `
From. " Deborah Sawyer
G?llt/??V4. UbviSVlt 'Tl! f •r u4y1 C IIUM14T ?,f i4AiF1VL 4rV,IV YY
Wallace Cray
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Spctiou 401 Wat?o :Quality Certification- It is the reconmexxdatior? of#b?zs office that the
?d.lll lL'l?tlQYf I T \.i \.t5 ?}?'(1?G?i6 L11- lll'a?11KF. Ai11D' drain.agc conVcrLicc as rivvC corlstract:.:t 'I'V-1
b6gi4 access. TbL lmgth of the c'.1 presimts a flushing wucem and potential violation of the
sta,?tlard for dissol ,
wiit't'vA u?au° Y Qxy?T.4.1. T[hc c are sccon.dary impact concerns o-f
creased development and pollution aSSC7cxatcd with the development of this area. The adjacent
JVaLCxS s?;.: Ciaa3i lCd as vn vdators by this .QIV7sion.
?}•nF C"' .K A I A .. .. n I.... ..L.... of L... \ L 91-7
i c +0 CGIti\', ,\ ui;lu 1 I7CTiv+;s.+:?F u• aite inv;aF.ArQIlvu of C:av pZa]3ost` r(ljiiv? :ii i. On h?aC(+n
.ins:-the 6pi4i 'n' of both of us that the applicant has failed to show that the project will comply
th-mate, clua[my stmidards and will not degrade waters of the ,Std.+e. if you have any quesdo:ns
or comli e]43; OeW call this office at (P19)946-6491. Thank you.
DEHNR Fax:[phone] Apr 4 '97 15:13 P.02/03
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ARE THE FOLLOWING ADEQUATELY .ADDRESSED?/4Y
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SWAGE DISPOSAL: MARINA SERVICES z
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CO; Wa50; Central Files; DCM Field Offices; ODE Washington Cf.T.ice
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
February 25, 1997
Regulatory Branch
Action ID No. 199703932
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:
RECEIVED
FEB 2 81997
ENVIRONMENTAL SCIENCES
-
Please reference the application of Wallace Gray for Department of the
Army (DA) authorization and a State Water Quality Certification to dredge a
canal and access channel into the Pamlico Sound, and construct wooden jetties,
on property located off N.C. Highway 12, adjacent the Pamlico Sound, in 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.
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 April 26, 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,
Raleig 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 RECEIVED
FIELD INVESTIGATION REPORT MAR a 5 1991.
1. APPLICANT'S NAME: Wallace Gray ENVIRONMENTAL SCIENCES
2. LOCATION OF PROJECT SITE: Approximately 2,200' south of the entrance to Avon Harbor on the Pamlico
Sound, Avon, Dare County. The property can be reached by boat or by foot. If by foot park at the end of
Williams Drive in Avon and walk south alone the shoreline. The spoil site is on the same property adjacent to
the east property line and can be reached by a road leading to the water treatment plant. The spoil site is on the
west side of the cul-de-sac.
Photo Index - 195: 174-1783 - B 21&22, C 22, D 21&20, E 20 1989: 5 202 5 - G 14, H 13&14,
113&14, J 13 1984: 144-397 - D&E 22, F 21&22, G&H 21
State Plane Coordinates - X: 3039 200 Y: 698 450
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: 1) Pre application meeting w/ owners on 7/9/96,
2) Pre application meeting 10/30/96 w/ agent 3) Field visit on 2/4/97, applicant and agent were not present
Was Applicant Present: (See above)
5. PROCESSING PROCEDURE: Application Received - 1/6/97 (Placed on hold between 1/29/97 and 2/17/97)
Office - Elizabeth City
6. SITE DESCRIPTION:
-
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation/Limited Transition
(B) AEC(s) Involved: Public Trust, Estuarine Shoreline, Estuarine Water, and Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Commercial (Enhance marketability of a subdivision)
(E) Wastewater Treatment: Existing = None Planned - Septic
(F) Type of Structures: Existing - None Planned - Residential Structures
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Coastal Wetlands 816 s.f. 226 s.f. disturbed by
installation of jetties and
14 s.f. displaced
(B) Shallow Water Habitat 20,627 s.f.. 878 s.f. disturbed by
installation of Jetties and
92 s.f. displaced
(C) High Ground 1,657 s.f. 27,396 s.f. 181 s.f. disturbed by
Jetty installation and
9 s.f displaced
(D) Total Area Disturbed: 51,896 square feet (1.19 ac.)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant would like to dredge a 455'x 30'x 5' canal and a 315'x 30'x 5' channel
extending into the Pamlico Sound, south of Avon Harbor and Port Avon Subdivision. The project will include
the construction of two jetties that will project 215' and 240' waterward of normal water level, at the entrance
of the proposed canal.

Wallace Gray
Bio Report
Page 2
SITE DESCRIPTION
The applicant's property is situated along the Pamlico Sound, North of Port Avon Subdivision
and Williams Drive, Avon, Dare County. The western side of the property along the sound
can be reached by boat or by parking at the end of Williams Drive and walking south along the
shoreline for 750'. The eastern end of the property is accessible by Big Kinnakeet Drive next
to the Avon Post Office, which ends in a cul-de-sac next to a water treatment facility. Across
the road from the water treatment facility are "No Trespassing" along the applicant's property
line.
Approximately center of the tract, where it borders the Pamlico Sound, there is a shallow
water connection from the sound to a flood control ditch 65' long and ranging from 5' to 26'
wide, six inches to one foot deep. Recent visits to the property show that the water connection
migrates slightly, completely filling in at times. The presence of a water connection, if any,
apparently depends on weather patterns. On one of three site visits to the applicant's property,
no -water connection existed between the sound and the flood control- ditch, and there was
approximately a 50' to 65' separation between the two.
The ditch system bisects the Gray property and runs in an easterly direction for approximately
2,400 feet toward NC 12, and turns in a northerly direction paralleling NC 12 (See
Attachment #1). The ditch, at its widest point, is approximately 65' in the vicinity of the
applicant's property and narrows as it parallels NC 12. The ditch terminates in Mariners Cove
in Hatteras Colony. A culvert crossing exists at Avon Road entering Avon Village. No docks
or piers extend into the canal and no boats appear to use the water.
The Gray Tract consists of 10.17 acres with an average elevation of three feet above normal`
water level. Vegetation along the flood control ditch includes Black Needle Rush (Juncus
roemerianus), Saltmeadow Cordgrass (Spartina patens), Sea ox-eye (Borrichia frutescens), and
a few Live Oaks (Quercus virginiana). Juncus marsh covers a majority of the property, except
a narrow spoil bank along the north and south sides of the ditch, and the high ground area on
the eastern end of the property. A culvert located on the north bank of the canal maintains a
water connection from the ditch to a coastal wetland marsh. The second high ground area
located along the eastern property line contains a stand of Live Oak and can be accessed by
Big Kinnakeet Drive. The high ground area in, and near the stand of Live Oaks is
approximately 33,000 square feet.
According to Mr. Gray the canal was originally created as a flood control ditch in the 1930's
to prevent storm over-wash. The applicant further indicated that it is now a canal which has
been reopened twice, since the 1930's by Dare County, and as late as the 1970's.
PROJECT DESCRIPTION
The applicant would like a CAMA Major Permit to dredge a canal and channel access a total
of 770' long x 30' wide. The project will include reopening the entrance of an old flood

Wallace Gray
Bio Report
Page 3
control ditch to establish (or reestablish according to the applicant) a navigable canal. The
application states that the request is a maintenance project to allow "continued" access into the
canal. In addition to dredging, the applicant would like to construct two jetties at the entrance
of the canal to abate future shoaling.
A review of aerial photographs dating from 1977 (including available erosion maps), show that
the entrance to the ditch has opened and closed through the ,years and it appears that weather
activity is a determining factor as to when and where the opening occurs. Aerial photographs
also show that when the ditch is open to the sound it is shallow and narrow, as it is now. This
office has not verified the existence of a channel access associated with the flood control
ditch/canal.
The overall project, as noted above, can be broken down into three phases: 1) Channel
maintenance dredge, 2) a canal maintenance dredge; and, 3) the construction of two jetties.
1) The channel maintenance dredge project will include the excavation of 9,450 square feet
of public trust and shallow water habitat. Field investigation and review of aerial
photographs do not show significant presence of Submerged Aquatic Vegetation (SAVs)
around the "proposed" channel, and fails to confirm that the project constitutes
maintenance of an existing or previously permitted channel. The average depth along
the alignment of the channel is 2.74. The area to be excavated is 315'x 30'x 2.26' and
will result in approximately 791 cubic yards of spoil material. The channel will
terminate 315' waterward of normal water level (NWL) with a connecting depth of five
feet.
2) The canal portion of the project will include the excavation of approximately 1,657
square feet of high ground, 816 square feet of coastal wetlands and approximately
11,177 square feet of shallow water habitat. A section between 12' and 26' wide,
extending from the sound to the flood control ditch is shallow and unnavigable. The
estimated amount of spoil to be excavated is around 1,309 cubic yards. The ditch/canal
has a water connection that extends around Avon Village and ties into Mariners Cove at
Hatteras Colony. Submerged Aquatic Vegetation found in the ditch at the project site
may have washed into the ditch from storm activity.
Spoil material from the channel and canal will be placed on a high ground site on the
applicant's property. According to the application the disposal site is approximately 27,396
square feet with a depth from the top of the berm of 4'. The applicant's agent calculated the
holding capacity of the spoil site to be 4,000 cubic yards of material. Staff calculates the area
to be closer to 21,555 square feet with a holding capacity of 2,395 cubic yards, which exceeds
that necessary to accommodate the proposed. The toe of the proposed berm will be 25' to 27'
landward of NWL and 15' to 20' from adjacent 404 wetlands. The side slope of the berm will
be 2:1.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Wallace Gray
2. LOCATION OF PROJECT SITE: Approximately 2,200' south of the entrance to Avon Harbor on the Pamlico
Sound, Avon, Dare County. The property can be reached by boat or by foot. If by foot park at the end of
Williams Drive in Avon and walk south alone the shoreline. The spoil site is on the same property adjacent to
the east property line and can be reached by a road leading to the water treatment plant. The spoil site is on the
west side of the cul-de-sac.
Photo Index - 1995: 174-1783 - B 21&22, C 22, D 21&20, E 20 189: 5 202 5 - G 14, H 13&14,
113&14, J 13 1984: 144-397 - D&E 22, F 21&22, G&H 21
State Plane Coordinates - X: 3039 200 Y: 698 450
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: 1) Pre application meeting w/ owners on 7/9/96,
2) Pre application meeting 10/30/96 w/ agent 3) Field visit on 2/4/97, applicant and agent were not present
Was Applicant Present: (See above)
5. PROCESSING PROCEDURE: Application Received - 1/6/97 (Placed on hold between 1/29/97 and 2/17/97)
Office - Elizabeth City
6. SITE DESCRIPTION:
- - (A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation/Limited Transition
(B) AEC(s) Involved: Public Trust, Estuarine Shoreline, Estuarine Water, and Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Commercial (Enhance marketability of a subdivision)
(E) Wastewater Treatment: Existing = None Planned - Septic
(F) Type of Structures: Existing - None Planned - Residential Structures
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGM FTT.T,F.D OTHF.R
(A) Vegetated Coastal Wetlands 816 s.f. 226 s.f. disturbed by
installation of jetties and
14 s.f. displaced
(B) Shallow Water Habitat 20,627 s.f.. 878 s.f. disturbed by
installation of Jetties and
92 s.f. displaced
(C) High Ground 1,657 s.f. 27,396 s.f. 181 s.f. disturbed by
Jetty installation and
9 s.f displaced -
(D) Total Area Disturbed: 51,896 square feet (1.19 ac.)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant would like to dredge a 455'x 30'x 5' canal and a 315'x 30'x 5' channel
extending into the Pamlico Sound, south of Avon Harbor and Port Avon Subdivision. The project will include
the construction of two jetties that will project 215' and 240' waterward of normal water level, at the entrance
of the proposed canal.

Wallace Gray
Bio Report
Page 4
3) The final phase of the project will include the construction of two wooden jetties 30'
apart at the entrance of the canal. The purpose of the jetties, as stated previously, is to
abate future shoaling around the entrance of the canal. They will be constructed of salt
treated wood, a total of 340' long and project three feet above NWL. The north jetty
will extend beyond NWL 240' while the south jetty will extend 215' beyond NWL. It is
staff's estimate that approximately, 970 square feet of shallow water habitat and 240
square feet of coastal wetlands will be disturbed or displaced by the installation of the
two jetties.
There are several remnant rock and wood jetties located north of the project site that predate
available aerial photography in the Elizabeth City Office. Located 850' north of the project
site is a canal that enters Port Avon Subdivision with jetties at the entrance. Aerial
photography shows that the entrance into the Port Avon canal system was reopened between
1977 and 1978. There is no channel access to the existing Port Avon canal. Further north
(approximately 2,200') at the entrance of Avon Harbor, there are submerged remnant jetties.
A dredge project is planned for Avon Harbor by the Army Corps of Engineers.
ANTICIPATED EMPACTS
1) A net loss of 816 square feet of coastal wetlands will result from the excavation of the
canal.
2) A net loss of 1,657 square feet of high ground will result from the excavation of the
canal.
3) Disturbance of 21,505 square feet of shallow water habitat (including 878 square feet
disturbed during installation of the jetties).
4) A net loss of approximately 92 square feet of shallow water habitat and public trust
water will occur as result of the construction of the jetty.
5) Approximately 226 square feet of coastal wetlands will be disturbed during the
construction of the north and south jetties and 14 square feet displaced.
6) Approximately 181 square feet of high ground will be disturbed during the construction
of the north and south jetties and 9 square feet will be displaced.
7) Between 21,555 and 27,396 square feet of high ground will be fill. Vegetation on the
site will be removed to accommodate the spoil material.
8) There will be a temporary increase in turbidity in conjunction with the installation of the
jetties and the dredge project.
4
Wallace Gray
Bio Report
Page 5
9) The excavation waterward of the shoreline along the sound will result in the creation of
a new 315'x 30'x 5' access channel.
10) The result of the dredge project will be a navigable canal, where there has been little to
no evidence of activity in at least 20 years, possibly longer.
No archeological sites, remnant species or geological formations are known to be associated
with the property in question.
CAMA REVIEW
A Land Use Plan consistency determination will be submitted in a separate letter by John
Thayer.
Submitted By: Lynn Mathis
Date: February 14, 1997

7
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A11A"1MEN1 'W,Z
1
34
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i
9

Form DCM MP-1
JAN 0 6 1996
APPLICATION
(To be completed by aIl applicants)
b. City, town, community or landmark
1. APPLICANT : Avon
a Landowner. c. Street address or secondary road number
Kinnakeet Reef Court West 71
Name Wallace Gray d. Is proposed work within city limits or planning
Address PO Box 1208 jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
City Buxton State NC creek, sound, bay) Pamlico Sound
Zip 27920 Day-Phone [phone]
Fax N/A
b. Authorized Agent:
Name Environmental Professionals. Inc.
Address PO Box 3368
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.
Maintenance igg construction of jetties
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Project name (if any) Grav Tract
NOTE.' Permit will be issued in name of landowner(s), and/or
project name.
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.
Maintenance dredging to allow continued access to
canal. Construction of jetties to abate shoaling__
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
?F
Form DCM MP-1
APPLICATION
(To be completed by all applicants)
4. LAND AND WATER
CHARACTERISTICS
a Size of entire tract 10.17 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or NWL
+31
d. Soil type(s) and texture(s) of tract
.sand
e. Vegetation on tract Juncos romerianus. Panicum spp.
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land classification
. of the site? (Consult the local land use plan.)
X Conservation Transitional
Developed _ Community
Rural X Other Limited Transition
I How is the tract zoned by local government?
Residential
i. 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
Ifyes, 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

JAN p 6 1996
If yes, has a delineation been conducted? No
(Attach documentation, ifavailable)
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 drinldng water supply source.
None
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 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 Commission Rule 710203 for a detailed
description.)
Please note that original drawings are preferred and only
high quality copies will be accepted. Blue-line prints or
L
Form DCM MP-1
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.
•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
fiuther certifies that such notice-has been provided
Name B. D. Williams
Address 193 Southern Ave.
Phone Medford NY 11763
Name Fred Gaskins
Address PO Box 263
Phone Avon, NC 27915
Name Kinnakeet Shores Partrrership
Address PO Box 541
Phone Avon. NC 27915
• A list of previous state or federal permits issued for
work on the project track 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.G.S. 113A - I to 10)
If the project involves the expenditure of public fimds or
FGnCl?r?l1
JAN 0 6 1996
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 an 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 truMul to the best of my knowledge.
This is the -Z !day of 74wc . , 19-27
Print Name (TCe u?
Signature
er or.4uthonze Agent
Please indicate attachments pertaining to your proposed
project.
X DCM W-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
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
Length Width Depth Depth
Access
channel
(NEW) or QiWl;,
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
315' 30' 2.75' 5'
455' 30' 2.4' 5'

NIA r
N/A
NIA
N/A
N/A
?t-nr!(rtl
JAN 0 6 1996
1. EXCAVATION
a. Amount of material to be excavated from below
M1-1W or NWL in cubic yards f 2,100 c. yds.
b. Type of material to be excavated sand, silt
c. Does the area to be excavated include coastal
wetlands? X Yes No
d. Highground excavation in cubic yards
f 1,000 c. yds.
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area on-site as shown on
plot
b. , U jp Uiposal area 4,000 c. yds. +
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? on-site
Revised 03/95
Form DCM-MP-2
r7r 17 -n
JAN 0 6 1996
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?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
NIA Bulkhead N/A Riprap
b. Length N/A
c. Average distance waterward of MHW or NWL
N/A -
d. Maximum distance waterward of MHW or NWL
N/A
e. Shoreline erosion during preceding 12 months
N/A
(Source of information)
f. Type of bulkhead or riprap material
N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap NIA
(2) Bulkhead fill N/A
h. Type of fill material
N/A
I. Source of fill material
NIA
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 N/A
(2) Dimensions of fill area N/A
(3) Purpose of fill N/A
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? Excavated
material will be placed into bermed containment
area.
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? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. N/A
Gray Tract
Applicant Project Name
J
sipat&e
Date
Revised 03/95

Form DCM MP-4

STRUCTURE S
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, e.
Form DCM-MP-1. Be sure to complete all other sections of the
Joint Application which relate to this proposed project.
a. Dock(s) and/or Pier(s)
(1) n/a Commercial Community Private
JAN 0 6 1996
Mooring buoys
(1) n/a Commercial Community Private
(2) Number n/a
(3) Description of buoy (Color, inscription, size, anchor, etc.
n/a
(2) Number n/a
(3) Length n/a
(4) Width n/a
(5) Finger Piers n/a Yes n/a No
(i) Number n/a
(ii) Length n/a
(iii) Width n/a
(6) . Platform(s) n/a Yes No
(i) Number n/a
(ii) Length n/a
(iii) Width n/a
(7) Number of slips proposed n/a
(8) Proximity of structure to adjacent riparian property
lines n/a
(4) Width of water body n/a
(5) Distance buoy(s) to be placed beyond shoreline
n/a
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) n/a Commerical Community Private
- (2) Number n/a
(3) Length n/a
(4) Width n/a
g. Other (Give complete description)
Construction of 710 total feet of wooden jetty to
prevent shoaling at entrance of canal. Jetty
construction detail shown on plat.
(9) Width of water body n/a
(10) Water depth at waterward end of pier at NEW or
NWL n/a
b. Boathouse (including covered lifts)
(1) n/a Commercial n/a Private
(2) Length n/a
(3) Width n/a
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number n/a
(2) Length n/a
d.
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length n/a
(2) Average distance from MHW, NWL, or
wetlands n/a
(3) Maximum distance beyond MHW, NWL or
wetlands n/a
Gray Tract
Applicant of Project Name
Si to
l/-VI 7
Date
Revised 03/95
MONMEN' U PROFESSIONALS, ING
Planning for a better environment
[phone] RE?z?`tr_r)
FEB 9 2 ' 7 ?7
February 10, 1997
NC Division of Coastal Management
Attn.:. Ms. Lynn Mathis
1367 US 17 South
Elizabeth City, NC 27909
Dear Ms. Mathis,
This letter is with reference to the Wallace Gray project in Avon, North Carolina. I have
discussed the history.of the project with Mr. Gray and he has talked with local people
who were alive during the time when this was dredged and has made the following
findings.
Mr. Gray talked with Mr. Celestial Scarborough who is now 93 years old. Mr.
Scarborough was instrumental in raising the $1,000.00 which was required to hire Mr.
Keller, Mr. Ray Lewis, and Mr. Harry Lawrence in 1930 to excavate the canal. The canal
was excavated in 1930 and 1931. This was prior to the WPA and Civilian Conservation
Corps development of the oceanfront dunes and the canal was excavated in order to
protect the village from storm overwash. Mr. Willard Gray who is now 83 years old had
left in 1930 to serve his time with the Coast Guard. He returned in 1932 and had found
that his father, Mr. Willard Gray, had built a net house on the bank on the canal. Mr.
Gray used the canal and the opening that we propose to dredge for access to the sound.
Mr. Gray also remembers that long-netters from Wanchese used this canal as a harbor of
refuge in times of storm.. If the long-netters came from the north they used the north
entrance and if they came from the south they used the south entrance. Although the use
of the canal was limited because of shallow water, it could be used and was used in lieu
of any other type of harbor refuge in the area. At that time the public harbor at Avon had
not been constructed. Mr. Wallace Gray remembers that the Coastwide Freighter
Missouri that was owned by Mr. O`Neal in Avon could not get into the canal. Mr. ONeal
had to anchor the Missouri offshore and run a skiff back and forth to off-load and load
the vessel. He used the access area that we propose to dredge now.
With regards to more recent efforts in this area, Mr. Gray remembers that the County of
Dare opened the canal in 1970 with the county dredge. It is his remembrance that this
canal had been opened two times before then utilizing the county dredge.
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368
NC Division of Coastal Management 2 Environmental Professionals, Inc.
Ms. Lynn Mathis February 10, 1997
It is our contention that excavation of the canal itself would be considered maintenance
dredging as it was clearly constructed during the 1930's. It is uncertain how far the
dredging extended into the sound, but we contend that this is maintenance dredging
because it would allow for continued boating navigation which was an ancillary use of
this storm protection project. In order to stabilize the channel which extends into the
sound, it will be necessary to construct jetties to abate the shoaling along the shoreline.
We have reviewed the proposed jetty alignment with Mr. Spencer Rodgers of UNC
SeaGrant and he advised and modified our design on the length of the jetties and the
extension of the jetties within the canal itself. The proposed jetty alignment is Mr.
Rodger's proposal.
Although the proposed project represents maintenance of the original Avon canal system
for storm water protection, it clearly represents a current need for reliable navigation to
the southern part of Avon. Mr. Gray will benefit from this canal because of properties he
owns along its route, however, other citizens, including local fishermen, will benefit from
the use of this canal for the continuation of commercial fishing activities. We hope that
this brief description of the project will be helpful in your write-up regarding the need for
this project.

Sincerely,
//Va
George I- Wood, CEP
t