19970021 Ver 1_COMPLETE FILE_19970501

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. Norman Miller
P.O. Box 264
Ocracoke, NC 27960
Dear Mr. Miller:
Ar4i 701
?EHNFi
June 9, 1997
Hyde County
WQC 401 Project #970021
You have our approval, in accordance with the attached conditions, to dredge in 0.31 acres of wetlands or
waters for the purpose of deep water mooring at SR 1328, as you described in your application dated 24 April
1997. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3105. This Certification allows you to use Nationwide Permit Number 16 when it is
issued by the Corps of Engineers. 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, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when
the accompanying 404 or 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 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). For this approval to be valid, you must follow the conditions
listed in the attached 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.
ncerely,
n Howard. Jr. P.E.
Z
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
Mr. John Parker; DCM
970021.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper

'Il DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO July 2, 1997
ATTENTION OF
Regulatory Branch
Action ID No. 199705370 and State Permit No. 81-97
Norman and Sharon Miller
Post Office Box 264
Ocracoke, North Carolina 27960
Dear Mr. and Mrs. Miller:
Reference your application for a Department of the Army (DA) permit to undertake
dredging activities within Silver Lake and construct a pier and a new boat slip, on property
located off State Road 1328, on Ocracoke Island, Hyde County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of General Permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration: Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
?44-44
Raleigh Bland, P.W.S.
Regulatory Project Manager
J RFC"i??c
Ul-2- F?,?ON 0? 1yy>
FNIq? S
Copies Furnished without enclosure:
Mr. John Dorney
ivision of Environmental Management
orth Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
100 Alabama Street, SW
Atlanta, Georgia 30303
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
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
F'
DIVISION OF COASTAL MANAGEMENT RECEIVED
FIELD INVESTIGATION REPORT OR 2 4 1997,
1. APPLICANT'S NAME: Norman and Sharon Miller C"
2. LOCATION OF PROJECT SITE: Hyde County, on SR 1328 (Lake Road), adjacent Silver Lake,
off Pamlico Sound, on Ocracoke Island
Photo Index - 1995: 90-960, P-15&16 1989: 197-2, M&N-14 1984: 148-369, N-7
State Plane Coordinates - X: 2,901,300 Y: 508,800 Ocracoke Quad UL Corner
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9 April 1997
Was Applicant Present - No
ti
5. PROCESSING PROCEDURE: Application Received - 9 April 1997.
Office - Washington
6. SITE DESCRIPTION: ,
(A) Local Land Use Plan - Hyde County/Ocracoke Section
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters and Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic and subsurface drain field
Planned - N/A
(F) Type of Structures: Existing - Piers, rental office, rental cottages
Planned - Additional 25' dock and 1 new slip
(G) Estimated Annual Rate of Erosion: None - bulkheaded
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
rll?rTlnrn rrr r r, r%
?mrrr r

(A) Vegetated Wetlands .-? LvLU V1i1L'l?
'(B)Non-Vegetated Wetlands
m (Silver Lake) 2,015 cu. yds.
(0.31 acres)
LL 13,600 s . ft.

(D) Total Area Disturbed: 13,600 sq. ft. or 0.31 acres
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to dredge in and around existing slips to establish a
consistent 8' water depth for deep water mooring, construct an additional 25' long pier, and establish
one new boat slip.
NORMAN AND SHARON MILLER
Ocracoke Island
Hyde County
The applicants' property is bisected by SR 1328 (Lake Road) which circles Silver Lake off
Pamlico Sound in Hyde County, North Carolina. There is a rental business located between the
road and the lake and rental cottages on the opposite side of the road. There are two existing piers
on the site, one larger and one shorter. The entire shoreline of this property is already
bulkheaded. There is a small amount of Sparfina alterniflora marsh seaward of the bulkhead near
the west end. The highground area of the property consist of sandy soils with upland grasses and
eastern red cedar. Although shellfish, including oysters, clams and mussels, inhabit this area,
Silver Lake is closed to harvest.
The applicant is proposing to excavate by hydraulic dredge a total square foot area of
approximately 13,600 square feet. The average existing water depth is approximately 4',
consequently the average depth of material to be removed is 4'. The purpose of the proposed
excavations to establish a consistent 8' water depth for boat mooring. The applicant proposes nQ
dredging within 20' of his existing bulkhead. Material to be excavated is primarily sand and shell.
The final project depth of 8' will connect into water depths within the lake equal to or greater than
8'. The applicant is assuming the Sugar Creek Properties (Wright & Esham) application for
permit will be issued and is proposing to use their highground disposal area, as has already been
agreed upon by both parties involved, for spoil disposal.
The applicant also proposes to construct an additional 25' long by 3' wide pier to service
rental equipment and to construct a new boat slip by installing 5 mooring pilings at the waterward
end of the existing pier.
Environmental iml2act .4
The project as proposed should result in minimal localized turbidity associated with
dredging and piling installation. There are no emergent wetlands to be excavated or filled.
Terry E. Moore - Washington Regional Office - 14 April 1997
Form DCM-M -1
APPLICATION
(To be completed by all appllcants)
b. City, town, Mty la ark
1. APPLICANT _ar1?a / / Q <'
c. Street address or secondary road number
a. Landowner: S??' "??
Name 0/Jmc? ?l?i'v d.
r Is proposed work within city limits or planning
jurisdiction?_ Yes No
Address k2 go x e. Name of body of water nearest project (e. river,
city (?n2 'n k e State creek, sound, bay)

- Par.,, lrCO SOC/it/?
Zip Day Phone - -6
711
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
' List all development activities you (e
l??Z
?Z Y propose
?Q
g
???o?
I ? `
2??
?
`
Name
?.
l
rG1 •
•

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c,
'
X building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
?
?
7
-
Address 7? :?.n rr?c r•
14
City 00'1 6re f? State ?L -
Zip, 7 0 Day Phone
Fax u?- S
c. Project name (if any) Za /d r. st/ l e_
?J ->'--+ a4 t_° ea y?
NOTE: Perndt will be issued in name of landowner(s), and/or
project name.
b. Is the proposed activity maintenance o an existing
project, new work, or both? Rd 'f(i
c. Will the project be f r public, private or commercial
use? ?n i ilnkl P
4
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed please atta h
additional pages. AA.- -1C
/0V o(1J/V L°/'L< c-rV ?ti rI z°S?': r'
2. LOCATION OF PROPOSED
PROJECT
a. County
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) ALA
c. Approximate elevation of tract above MHW or
NWL + --.
d. Soil type(s) pnd texture(s) of tract
SCX.?w A 61 aces r-
e. Vegetation on tract 4 n g5 S
f. Man-made features now on tract
z 1A
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
_ Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
6.al le-
i. Is the proposed project consistent with the applicable
zoning? AZA Yes No
(Attach zoning mpliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes _ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _.6,__ No
Are there wetlands on the site? A Yes No
Coastal (marsh)- Other
If yes, has a delineation been conducted?
(Attach documentation, if amilable) '
L3 eic, /Y? 0- _tZr (:n GU/ /?epjD 11 e-s ?i??/"(/?
?h ?a torus ?? e1c T c°d
m. Desgjibe existin$ waste%yater treatm? t facilities.
cb2 , .y -n, e- /of
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effl ent, "wash
down" and residential disc arges.)
o. Describe existing drinking water su ply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
(O)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.020' ) for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
rorm Lfll.1Vl-1vir-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 (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 V&e' o ri?
Address 7
Phone ?' - C
Name W . _<
Address t-?) L&I ? i (?
Phone C?/S%-S?? ?6 G
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.
E ? - 9 3 E -1 17
• 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.
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 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 day of, 1.
i
Print Name / '? oJ
Signature
Lmido r or Antlw?ize Agent r?/2??/'Y(
X720 el, '1
Please indicate attachments pertaining to your proposed
project.
K DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
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
Eidsting Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

gal ?4
g'

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards - 0-0 I (fu. /VW
b. Type of material to be excavated 90-1A t S W f
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic ve station
(SAVs) or other wetlands? Yes - No
d. Highground excavation in cubic yards _ I
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
/d i A el ?nlt I'{ d h cx-nauNa
b. Dimensions of disposal area 4 C
fc c(? c?nl
?o e --o L, -f-n tie
Ct ???nn/c e ;9G? q/zeund Sr-l? CAS 11CCalf-d
c. Do you claim title to disposal area?
Yes _X No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
l i n
If yes, where? ()a
r orm iLj%-i.i-i.ir -
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes ? No
f. Does the disposal include any area in the water?
Yes_ No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill -/VH
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of informotion)
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
?R?lI10U.S l y j3U(k e-ct ed-
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes _?,. No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes_ No
If yes, l n
(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? i
2r" P
(mlilv$
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? i3cv /
`Co C
c. Will wetlands be cr: ssed in trans orting equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts. l 1 -
Z44 S e c Q e L d UI&?
Appii or Project Name
Signature /
,` /3'- 7
Date
Revised 03195
Form DCNI-MP4
S
.:$.TRUCTURE
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
permit, :Form DCM-MP-1 Be sure to complete all
otiiec . secEions .of the Joint :Application which relate to
thisTroposed project.
a Dock(s) and'/or Pier(s)
(1) Commercial .-Community .? Private
(2) Number
(3) Length ?-
(4) Width.
(S) Finger Piers Yes_ No
(i) Numher
(ii) Length
(iii) Width
(6) Platform(s) Yes X_ No
(i) dumber
Length
(iii), Width
(7) Number of slips Proposed
(8) Proximity of structure t adj4cent riparian
property lines ?-
(g) Width of water body
(10) Water. depth at waterward end of pier at
ML1W or NWL _1,. Sac? rf f,/-
b. Boathouse (including covered lifts) IIJA
(1) Commercial Private
(2) Length _
(3) Width
c.- -:Groin (e.g. ;.wood, sheetpile, etc.) /tJ /-}
(1) Number
(2) Length(s)
d, " Breakwater (e.g. wood, sheetpile, etc.) Al >q
(1) Lend.
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys /l/
(1) , Commercial -Community Y Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial Community Prrv to
(2) Number S N' 9-t 0-f oc r-
(3) Length 3 S
(4) Width 4 7-
9. Other (aive complete description)
Revised 03/95
-1.3-s
Date
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