19970037 Ver 1_COMPLETE FILE_19970122

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. Jay D. and Ms. Valerie H. Willis
2889 So. 3000 W.
Syracuse, UT 84075
Dear Mr. and Ms. Willis:
[D EHNF1
February 13, 1997
Hydy County
DWQ Project # 970037
You have our approval, in accordance with the attached conditions, to dredge in 11,050 square feet of
waters for the purpose of excavating an area to construct a pier, gazebo and pilings at your property on Silver
Lake, as you described in your application dated 6 January 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Numbers 3112 and 3105.
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 211.0506 (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. 276 1 1-7447. 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,
ston Howard, Jr.
Attachment - P
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
970037.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DEHNR Fax:[phone] Feb 12 '97 16:00 P.03/03
TO JtYhn p:,
orney
.
Plaiming Branch
DIVISION OF ENMOAIIaITAL y&PU _
CAKA/Co$ F=41T APPLICATION ROM
HaRp. • PRO IHGT #
REVZLM: SAW= WQ SUPEMSORs THgM
.DATE: 0
B7FR KATIOx C,L . OFFICE IRA
P CO[)I?TY
TV MT
:3ECT N JECT TYPE 's. pEraT TXPS: CAMA/CO$
RCD'. FROM (A: r M DOT
#
RSG OFFICE: VAW DATE -.FRCH CDA:
STREAM OR -ADJACENT WATER BODY: ., ~ mm USn?
cr:Am. sc /5
oPEEN 6R. Os STMH INDEX
WL W-AC'F: WL TYPE:
WL. R QEByST D; WL ACR BSTr
HERO C mv.: WL SCon:
HI IGATION; HITIGATION TYPE:
GATjUN SIZE; G SHE ATTACHE.?
TIgNs ISSUE/COIiII? DENY 19=
TORMWATER.. PLAN REQ,D; ? IF YES, DATE APPROVED: ECT' DESCRIPTION.,
IF, ,.YES, TYPE: C.G?(4
S?iAG$. DISPOSAL Y
TYPE'•OF DISPOSAL 1,ROVOSED:
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DER', AiiS, COUNTY)
"I IF' BY 'EM- IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
:. .. FATER•1 F7`1.r•
AREA OF FILL-. WATERr - o WETLAND: -0
IS FILL. ELIMINATING A SIGNIFICANT t19E?
AREA TO -BE DREDGED: IS :PROVING ACT;VITY EXPEL ' TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? -q /
IS 'SPOIL DISPOSAL ADEQUATELY ADDRESSED? tE'
A f
?: • ARE 'THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: W ; Centrsl riles; DCM Field Offices; CDE Washin
gton Office
f
DIVISION OF COASTAL MANAGEMENT RECE1VEIr
FIELD INVESTIGATION REPORT
JAN 2 2 lyy/,
1. APPLICANT'S NAME: Jay D. & Valerie H. Willis ENVIRONMENTAL SCIENCES
2. LOCATION OF PROJECT SITE: Hyde County off SR 1328 on Ocracoke Island adjacent Silver Lake
off Pamlico Sound.
Photo Index - 1995: 90-96; 012,P13 1989: 5 197 1; M2,N2 1984: 148-369; 06
State Plane Coordinates - X: 2,901,850 Y: 508,800 Ocracoke Quad (Upper Left Corner)
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 4/2/96,9/18/96,12/10/96
Was Applicant Present - Yes, No, No
5. PROCESSING PROCEDURE: Application Received - 1/2/97
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County/Ocracoke
Land Classification From LUP - Conservation - Water, Wetlands; Developed - Land
(B) AEC(s) Involved: CW, ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - 2 septic tanks and drain fields
Planned - NA
(F) Type of Structures: Existing - Duplex
Planned - Decked access, pier, platform, gazebo, "T", and mooring
pilings
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
DRF,DCTF.D FIT,LF,D OTHER
(A) Vegetated Wetlands ±738 ft2
Shaded
(B) Non-Vegetated Wetlands ±11,050 ft2 ±1,002 ft2
Silver Lake Bottom Shaded
(C) Other ±7,650 ft2
(High Ground (Disposal Area)
(D) Total Area Disturbed: ±0.47 acre
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to excavate ±2,455 cu. yd. of material to provide deep water
access to a proposed a pier, "T", platform with a gazebo, decked access over coastal wetlands and 8
mooring pilings.
Jay D. & Valerie H. Willis
Ocracoke Island, Hyde County
Project setting
The project site is located adjacent SR 1328 on Ocracoke Island on the south side of Silver
Lake, off the Pamlico Sound, in Hyde County, North Carolina.
The average water depth at proposed project site is ±2' below the normal water level (NWL).
Coastal Wetlands, consisting of Snartina alterniflora, Spartina patens, Distichlis i? cata, Juncus
roemerianus, and Limonium spp. borders the high ground area of the Willis property. The high
ground portion of the Willis property is vegetated by upland grass.
There are other piers constructed on neighboring properties surrounding Silver Lake. Some
of these piers were constructed prior to the CAMA, while others were permitted by the Division.
Silver Lake is an Estuarine Water classified as SC waters by the Environmental Management
Commission. Silver Lake is not designated as a Primary Nursery Area. Although shellfish (oysters,
clams and mussels) inhabit Silver Lake, the lake is closed to harvest.
Project description
The applicant proposes to excavate an average depth of -5 ft. of material in an area ±130 ft.
long by ±85 ft. wide for a total of ±2,455 cubic yards. The proposed area to be excavated is ±30 ft.
waterward of the Coastal Wetland area. The material to be excavated is coarse sand. The proposed
project depth is -8 ft. NWL which will establish a consistent ±8 ft. water depth around the proposed
pier and connection to waters of equal or deeper depth in Silver Lake. The excavation will be
conducted using a hydraulic dredge and the dredged material will be pumped into a diked disposal
area owned by Mr. Edward Wrobleski. The proposed high ground dredge spoil area has been
permitted under CAMA/D&F Permit #22-62 issued to Mr. Daniel Wrobleski. Mr. Wrobleski's
property is located ±500' northeast of the proposed project site.
The applicant is also proposing to construct a ±150 ft. long by 6 ft. wide pier with a ±30 ft.
by ±16 ft. platform, a ±10 ft. by ±10 ft. gazebo on the platform, a 45 ft. by 6 ft. "T" at the waterward
end of the pier and 8 mooring pilings. 6 ft. of the platform will be constructed over the Spartin
alterniflora. In addition, access to the proposed pier from the high ground will be via a 45 ft. long
by 6 ft. wide decked access over coastal wetlands. The 150 ft. pier length is the maximum allowed
under the Ocracoke Section of the Hyde County Land Use Plan under paragraph (f) on page IV-10.
Anticipated impacts
The project proposed will result in the excavation of±11,050 ft' of sound bottom as well as
the shading of ±1,002 ft2 of sound bottom and ±738 ft2 of coastal wetlands. The excavation and pier
construction activities associated with this project will result in short term, localized turbidity. The
associated spoils are to be pumped into a high ground, diked disposal area.
Jeffrey R. Schaffer - 2 January 1997
Washington Regional Office
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, communt or landmark
di=,?Ci?1-CyKE ?-sLHry'1?
1. APPLICANT
a. Landowner:
c. Street address or secondary road number
s2 13a?
Name z? aL- It (4. ut 1 l,t s
Address o-f' l So, 340 ? .
Citymzu-s-e., State lT
zip 8 q0 bay Phone(00 )-73-03
Fax VJ
b. Authorized Agent:
Name Ltd R2?/ d-(n e-
Address V?o fC'
City U CdLWzo6- State C
Zip -)--)14D Day Phone(CYA) yl,)-V- ?60I
Fax 610 ?Oo-
d. Is proposed work within city limits or planning
jurisdiction? K Yes No
e. Name of body of water nearest project (e.g. river, h
creek, sound, bay) < I Uf(- L&ke Pae.,G-to Su"-Cy
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.
to ? c az v 4 ul-
,n:er
b. Is the proposed activity maintenance of an existing
project, new work, or both? & e,? K-
c. Will theroject be for public, private or commercial
use? y u
c. Project name (if any)
N07F. Permit will be issued in name of lando~r(s), and/or
project name.
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. ' eY ? ,ff nl!
c? [ SSur ?? c w 14 c? r , ..n 1 ex
2. LOCATION OF PROPOSED
PROJECT
a. County of
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 10, 0 31 54 -F+
b. Size of individual lot(s) U 0
c. Approximate elevation of tract above MHW or
NWL +1 • U
d. Soil type(s) and texture(s) of tract
C, C=A -IS IeALLS H-
e. Vegetation on tract
f. Man-made features now on tract O0 r?Er
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
X Conservation Transitional
K Developed Community
Rural Other
h. How is the tract zoned by local government?
?3 ("'t C
m. Describe existing wastewater treatment facilities.
(ZO sei>A;t kS d-Su?S ice
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.)
S?•r'FC?t?.- iZxnt?t?
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.
Is the proposed project consistent with the applicable
zoning? Yes No
(Attach zoning compliance certificate, if applicable)
J -
Has a professional
done for the tract?
If yes, by whom? -
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ( No
Are there wetlands on the site? K Yes No
Coastal (marsh) X Other
If yes, has a delineation been conducted? S
(Attach documentation, if available) (c
• 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
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 (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 ?-
Address 3 y?v
Phone (?t14) (n 33 -?olU
Name o1S
Address _7X& i Phone ?bQ - - - X o
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.
LfIn
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
appl ication.
• 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 ;,i 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 ?0vek i , 19-2-6.
Print Name ) (do Va +1? S
Signature ? y ' L
r or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
? DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
L/, 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.
V-4 -A nat0[
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
len¢th Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

kk?
'?9 f
2 mJ .
.
:.

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards Q, ?(S?
b. Type of material to be excavated ShnD
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic ve etation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards 0-
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area See C?????,
I SS.. r--
mow.. It' 2..Z' 9 z-,
wtab?.k'I cA,- tc ?.?rableaki
b. Dimensions of disposal area
y.C x 170
c. Do you claim title to disposal area?
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? Scc r??
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes K _ 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
3. SHORELINE STABILIZATION - 014
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 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
4. OTHER FILL ACTIVITIES - I
(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,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept o site
and erosion controlled? t)%KR+?a?
o_ lid .
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr: ssed in transporting equipment
to project site? Yes _L?,' No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant or Project Name
t _
nature
/?l?l?o?
Date
Revised 03/95
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community K Private
(2) Number 1
(3) Length I '
(4) Width
(5) Finger Piers LV Yes No
(i) Number I
(ii) Length q/
(Ill) Width lc i
(6) Platform(s) K_ Yes No
(i) Number I
(ii) Length
I b
(iii) Width 301
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines 3( .
(9) Width of water body (Zzo
(10) Water depth at waterward end of pier at
MLW or NWL S '
b. Boath ouse (including covered lifts) - 0114
(1) Commercial Private
(2) Length
(3) Width
?. Groin (e.g. wood, sheetpile, etc.) - rJ I
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) - I
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
M P I It
i
b
oor
e. ng
uoys -
(1) _ Commercial -Community _ 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 Private
(2) Number _J
(3) Length (4) Width ao' TT'-
g. Other (Give complete description)
J tr U
Appil t or Project Name
afg?att&
i:<'#iloi/5v/

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0 EXISTING IRON PIPE OR ROD
A EXISTING NAIL IN CL ROAD
0 CALCULATED POINT
?- so?l•03 O SURVEY FOR
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JAY DEE WILLIS
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U a 4.74 6p?57?3"E PLAT. CAB. A, SLIDE 137-A
O +1 I e' 40 D . B . 134. PAGE 878
U) wm WARS HYDE COUNTY REGISTRY
< ROIC[ • 1[101
Q OCRACOKE, OCRACOKE TOWNSHIP
t1 T
HYDE COUNTY, NORTH CAROLINA
}.lNGtAp41 I F. I .R..M ZONE: A5; B.F.E.: 7'
Q WOMPALM111 SURVEYED: 6-7-95; SRF, CCH
$ P1Q•1ZT
D -' PLATTED: 6-16-95; MRM, KSM
d I _ P/P ?iP SCALE 1" a 30'
U) ? I`
w U) 30 15 0 30 40 V " :4.r O GRAPHIC SCALE
U I° flAHM t, MANSON RAY MEEKINS, CERTIFY THAT
FLJIIGS UNDER• MY DIRECTION AND SUPERVISION
THiS PLAT WAS DRAWN FROM AN ACTUAL
S r ' FIELD LAND SURVEY; THAT THE RATIO OF
PRECISION AS CALCULATED IS 140,0°tr
WITNESS MY HAND AND Sf_?tlaliJ!/Y/?_j/'--
VICINITY MAP
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