20030865 Ver 1_COMPLETE FILE_20030703

W A T? Michael F. Easley, Governor
Q 9
OCR QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
fjj rte, Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 16, 2003
DWQ# 03-0865
Dare County
Mr. Harvey G. Wagner
Route 1, Box 392A
Emporium, PA, 25834
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Wagner:
You have our approval, in accordance with the attached conditions, to fill 0.064 acre of Estuarine Waters and Coastal Wetlands
in order to replace a bulkhead along the shoreline of Pamlico Sound in Avon, Dare County, as described in your application received by
the Division of Water Quality on July 3, 2003. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3400, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. 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,
Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying
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 In writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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 and the additional
conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401
Certification has been completed;
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 conforming to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Tom Steffens In our Washington Regional Office at [phone] or Cyndi Karoly in our Central Office in
Raleigh at [phone].
Sincerely,
d4l Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Gary Price, P.O. Box 591, Avon, NC, 27915
030865
NCDW
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
? r
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1.
2
3
4
APPLICANT'S NAME: Harvey G. Wagner
LOCATION OF PROJECT SITE: Lot 147, 39159 S. Albacore Ln., Hatteras Colony
Subdivision, Avon, Dare County, Pamlico Sound
Photo Index - 2000: 174 - 2040, H - 4; 1995: 174 - 1784, G - 11
State Plane Coordinates, X: 3041400;Y: 606000; GPS C061817 A; Photo Index - 5633
& 5634
INVESTIGATION TYPE: CAMA/D & F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 11, 2003
Was Applicant Present - yes
5. PROCESSING PROCEDURE: Application Received Complete - June 30, 2003
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline,
Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - none; Planned - none
(F) Type of Structures: Existing - Single family residence, pier & bulkhead
Planned -replacement of 141-ft of bulkhead
(G) Estimated Annual Rate of Erosion: 2.0 ft.
Source - Applicant
7. HABITAT IMPACT DESCRIPTION [AREA]:
r 1 TTTI T-TT T '0 T1/D-l.,.. 01D AT Vn% .cuennvr:
(A) Coastal Wetlands 1,400 sf (0.032 A)
(B) Estuarine Waters 1,400 sf (0.032 A)
(C) Upland / Coastal Less than 200 sf
Shoreline
(D) Total Area Disturbed: 2,bUU sr (U.Ub4 A)
(E) Primary Nursery Area: No
(F) Water Classification: SA; Open: no

Harvey G. Wagner, Dare County
FIELD INVESTIGATION REPORT
Page 3
8. PROJECT SUMMARY: This project involves the replacement of an existing bulkhead
structure along the shoreline of the Pamlico Sound where the existing residential structure
is in imminent danger from the shoreline erosion escarpment. The property is located in
Hatteras Colony Subdivision, Avon, Dare County.
Project Setting
This project is proposed on property owned by Harvey G. Wagner, currently of Emporium, PA.
According to the North Carolina General Warranty Deed, submitted with the application, the
proposed development site is owned jointly by Harvey G. Wagner and his wife, Nancy P. Wagner.
The development site is located at Lot 147, South Albacore Lane, Hatteras Colony Subdivision in
Avon, Dare County. The Hatteras Colony Subdivision, located on the west side of NC 12,
includes Mill Creek, as well as several man-made canals that were excavated from land and waters
near the Pamlico Sound.
Stewart R. Couch (Lot 146), and Joseph Pankiewicz (Lot 148) are the owners of the adjacent
riparian properties. The shoreline of these lots have been stabilized with wooden bulkhead
structures, and these structures tie into the existing bulkhead on the Wagner property shoreline.
The Wagner site is a developed 12,084-sf Lot, with 141-ft of shoreline, and an existing single-
family residence with a small dock structure and wood bulkhead. This lot is situated at the end of
South Albacore Lane and fronts directly on the Pamlico Sound and a man-made canal. The lot is
3.5-ft above the water surface at NWL, and there appears to be little difference in elevation of the
entire land surface. An average of 10-ft of water is present between the shoreline and the existing
bulkhead wall. The existing bulkhead structure has been failing for quite sometime, and
considerable evidence exists of shoreline erosion. The residence is located an average of 15-ft
landward of the NWL, and is as little as 5-ft away from the NWL in some locations. The
application reports that this property has experienced two feet of erosion within the last year.
The soils on this lot are sandy with more organic-hydric type soils located within 12-ft of the
shoreline. The Wagner lot is vegetated in mostly upland yard grasses, except for those areas
directly landward of the failed bulkhead wall and water behind the wall. In these areas, a 1 to 20-
ft wide coastal wetland fringe of Distichlis spicata and Spartina alterniflora have become
established landward of the shoreline escarpment. These wetland areas are being maintained as
lawn. Approximately 1,400-sf of Estuarine Waters are located landward of the old bulkhead wall.
Except for immediately along the shoreline, these waters are between 2 and 4-ft in depth at normal
water.
The Pamlico Sound is not open to commercial shellfish harvest in this vicinity. The North Carolina
Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico Sound as
`Coastal Waters'. The Coastal Resources Commission (CRC) has designated these waters as
Harvey G. Wagner
FIELD INVESTIGATION REPORT
Page 3
`Areas of Environmental Concern', and these include `Public Trust Area' and `Estuarine Waters'.
The CRC has also designated this shoreline vicinity as `Estuarine Shoreline', which includes a 30-
ft wide `Coastal Shoreline Buffer'.
A preliminary review of archaeological site data for this portion of Hatteras Island indicates that
there are several cultural resource sites in the immediate vicinity of the Hatteras Colony
Subdivision, and due to the scale of this resource mapping, it is difficult to confirm if a site of
cultural significance is located on this property. However, one does appear in close proximity.
Project Description
The applicant proposes to stabilize the entire 141-ft of shoreline of lot 147 with a wooden bulkhead
structure, and includes 25 to 40-ft long return walls along the property lines at both ends of the
bulkhead. The applicant proposes to align this new bulkhead an average distance of 2-ft waterward
of the existing bulkhead wall. The proposed bulkhead will be constructed of treated wood, and the
tieback area will be backfilled with sand from an off-site source. According to the permit
application, this bulkhead alignment will result in the placement of approximately 25-cy of fill
material below the NWL. The overall land disturbance associated with the proposed shoreline
stabilization, including wetland fill areas, and upland area tieback/backfill work, will be
approximately an area 140-ft by 20-ft, about 2,800 sf.
The applicant intends to also reposition the existing 350-sf dock platform and walkway in the same
location after bulkhead construction. Water depths at the vicinity of this dock are 2 to 3-ft, NWL.
This application indicates that this construction will not include any mooring piles waterward of
the proposed dock. The proposed dock will be located about 25-ft from the Couch property line.
Anticipated Impacts
The proposed bulkhead alignment will result in the filling of approximately 1,400-sf of Estuarine
Waters, as well as the filling and associated loss of 1,400-sf of a predominately Distichlis spicata
coastal wetland fringe. Less than 100-sf of this wetland fringe is located at, or beyond the NWL,
and consists of Spartina alterniflora. The bulkhead structure, associated backfill, and grading
activity associated with the bulkhead installation will result in approximately 2,800-sf of land,
water and wetland disturbance within the Coastal Shoreline.
The proposed shoreline stabilization and filling activity will result in an increase in turbidity
levels, at least temporarily during construction, along this shoreline. The placement of a bulkhead
structure will result in the loss of some shallow water habitat bottom adjacent to the existing
shoreline. The existing residence is an average of 15-ft from the shoreline, and is considered to be
"imminently" in danger from the erosion escarpment. The proposed bulkhead and associated
filling activity will increase this distance in most areas to a distance greater than 20-ft from the
NWL, and will add protection to both the residence and the shoreline property. Once the bulkhead
Harvey G. Wagner
FIELD INVESTIGATION REPORT
Page 4
has been constructed and the backfill area has been vegetated and stabilized, turbidity that might
have been associated with the erosion of this shoreline area may be reduced.
The existing dock platform will not interfere with any adjacent riparian access or navigation
concerns associated with the use of these waters. According to the application, no new mooring
pilings are proposed, or indicated on the submitted platwork. No other development located within
any Estuarine Shoreline, Estuarine Waters, or Public Trust Areas are proposed in this permit
application.
An inspection of mapping data on cultural resources revealed that several archaeological, or
cultural resource findings had been recorded on the available maps in the vicinity of this project.
A review of archaeological site data for this portion of Hatteras Island indicates that there are
several cultural resource sites in the immediate vicinity of Hatteras Colony Subdivision, and are
identified near or perhaps, on this property. It is important to note that these maps have not been
updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. The
discovery of additional cultural or historical resources is possible.
Submitted by: Dennis W. Hawthorn
Date: June 12, 2003
Form DCM-MP-1
APPLICATION
(To be completed by all applicants) ,
b. City, to community or landmark
?M?
1. APPLICANT
c. Street address or secondary road number
39/89 S'D:acaco?eC ?ti
a. Landowner:
?1lIR1/EY G. Yi/QGNEiP d. Is proposed work within city limits or planni
Name jurisdiction? ? Yes No
Address
RDli 80X392 A
City f1V1PV1-F101V State PZ•
Zip 1525'Y1 Day Phone 3/y- y86 -.9187
Fax
b. Authorized Agent:
Name 901?Y T?2/CE
Address
F0, BOX S7/
City 2LIJ11V
State tiC
Zip 27918 Day Phone Z5'2-995-g/y4S
Fax 28'2-995-SS-80
c. Project name (if any)
NOTE: Permit *0 be iraued in name of landownerfa), and/or
project nano.
2. LOCATION OF PROPOSED
PROJECT
e. Name of body of water nearest pro
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.
building a home, motel, marina, bulkhead, pier, a
excavation and/or filling activities.
BULIIIIEDD
b. Is the proposed activity maintenance of an existi
project, new work, or both? itil/J/?l/TEd/OiUC
c. Will the proje??/for public, private or commerc
use?
d. Give a brief description of purpose, use, methods
construction and daily operations of propos
project. If mores ace is needed, ppl_ease atta
additional pa es. ?RbS/Di(/ fD.v7?P1>L
FL DDS 1 ST02i39 D E /OrV
P/2 I XVC USE , d ND Xiffl-IA /I CZ L
-f MAV 0& 130 R t
a. County D02E
Form DCM-MP-2
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
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
? Bulkhead Riprap
b. Length I y /
c. Average distance waterward of MHW or NWL
/D'
d, Maximum distance waterward of MHW or NWL
za'
e. Shoreline erosion during preceding 12 months
2'
(Source of information) a6SE?!/d T/D.?
f. Type of bulkhead or riprap material
WQQQ
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material WO
i. Source of fill material L/IVLIJIJD
S/7E
/-"F
4. OTHER FILL ACTIVITIES N/A
(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
;r
a, How will excavated or fill material be kept on site
and erosion controlled?
EZIZ14 HEAD
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
L3dC.C?/DOE t Z)ZIMP 72FU1-K
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes ? No
if yes, explain steps that will be taken to lessen
environmental impacts.
Hlcru c G/ 6. &.),7 V?
Applkant or Project N
Signature
6-A AP
Date
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 TOJEPI/ PditlK/Ek//CZ
7 _
Address 635 PL/RKGU%Y.?tL11-.
e E/t/17>& A)' 08?/E3
Name SI-EWOR T R. CzVC9
Address )'?U, &OX ZS/q
Phone ®YO/V?IVCj 2'79/1"
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. +,,tPri44-L
I
• 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 Het 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 PERMISSIO;
i
TO ENTER ON LAND
I understand that any permit issued in response to th
application will allow only the development described
the application. The project will be subject to conditioi
and restrictions contained in the permit.
I certify that to the best of my knowledge, the propose
activity complies with the State of North Carolina
approved Coastal Management Program and will t
conducted in a mariner consistent with such program.
I certify that I am authorized to grant, and do in fac
grant permission to representatives of state and feder
review agencies to enter on the aforementioned lands i
connection with evaluating information related to th
permit application and follow-up monitoring of tl
project.
1 further certify that the information provided in th
application is truthful to the best of my knowledge,
This is the 611' day of
Print Name 19ary Prie.de,
Signature
Landowner or AutKorized Agew
Please indicate attachments pertaining to your propose
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in t,
space provided at the botrom of each form.
Form DCM-MP-2
EXCAVATION
FILL
AND
(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
till activities. All values to be given in feet.
Average Final
Existiag Project
L,eagth Width Depth Depth
Access
channel
(MLW) or (NWL)
Cana)
Boat
basin
Boat
ramp

Rock
groin
,r

Rock
breakwater s

Oth er
(Excluding
s ho re Line
stsbiliaetion)
i

1. EXCAVATION 1,114
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL. ,y/Q
a. Location of disposal area
b. Dimensions of disposal area
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? Yes No
If yes, where?
Form DCM-MP-I
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
/?, 619 ell /D
b. Size of individual lot(s) N/d
c, Approximate elevation of tract above MHW or
NWI- 3. S'
d. Soil type(s) and texture(s) of tract
W D /?D/6ENOLl.S' UPILJii1D
e. Vegetation on tract
f. Man-made features now on tract 'FS/D?NC?
SEPT/e S YS 7e* , MIIK116M, RAMP
J ZOLK
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land we plan.)
? Conservation Transitional
Developed Community
Rural Other
How is the tract zoned by local government?
RESIDIMIriat
i. Is the proposed project consistent with the applicable
zoning? Z_ Yes No
(,4twch zoning compiiance certificate, (f applicable)
Has a professional
done for the tract?
If yes, by whom? -
archaeological asses ment been
Yes 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 UIl KA10WiV
1. Are there wetlands on the site? ?Yes No
Coastal (marsh) ? Other
If yes, has a delineation been conducted?
(,mach domnwntation, if available) G/J2Y P2/CE
m. Describe existing wastewater treatment facilities,
/ RIkI217if Wd5TE- LYLITE/Z'
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.)
2IRM-66 /('"W )f o. Describe existing drinking water supply source.
C1061111ey Krr?rE?e
5. ADDITIONAL INFORMATION
In • addition to the completed application form, the
following items must be submitted:
• A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
r
M ? _?
J
L
PROPOSED BULKHEAD PLAN FOR:
HARVEY G. WAGNER
)
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F LOT 148
( 4NKIEWICR?)
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4
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NWL
7111
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H
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r--?A/C 161.
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2---(1 BACKRU.
II
1 ING BULKHEAD
1 FASiINGGROUND
IULKHFAD SPEORCATKNIS:
PIUES•B'X12'•5S'0C
SI tETING 2' x a, x 121. T6G
WALERS 6' x 6' (TOP d bOTTOM)
TIE BACK PILES 8'X V • SS OC
TIE RODS 5/8' X IS'
CAP 2'X Id
LOT 147, SECTION FOUR,
HATTERAS COLONY
39159 SOUTH ALBACORE LANE, AVON, NC 27915
Township County State
KINNAKEET DARE NORTH CAROLINA
Date le Number F.I,R.M. Zone Pin Number
F
02 1 921-LSX AE 01 0640 09 15 4928
Scale /Pg Base Flood Elevation Zoning
1' = 86 78 8.00' R-1
Recorded Reference Community/Panel/Suffix Average Ground Elevation
MB 2, PAGE 251 375348 08 M F
ITi-PROPOSWBUIKNFAD ALL TIMBER 25CCA7REATED
T7-- nI.TER CLOII I AIL HARDWARE HD GA1V.
U BULKHEAD TYPICAL SECTION VIEW
(1'=4')
I V/ v-
!
LOT 147
12,084.10 sq ft
J
NOTE: ANY FEATURE NOT LABELED AS PROPOSED 15 EXISTING
LEGEND
0 EXISTING IRON STAKE
\
' LOT 149 ' n
' PK NAIL

` T
Itll
@ L.mt ITY POLE
WATER METER
PE010CK

• SET IRON STAKE
r ?
dp

\ 11

SI! EXISTING CONCRETE MONUMENT

COASTAL WETLANDS

L`` oo LOCATION SKETCH NOT TC
ref( ?`? ` AVON, NC
wFAIUMDI
\ ? L R I 1 11
r\ R N %? DECK
Na
?y y ?T•
ppp 1 ? .;
S28.5?53'E
UNIMPROVED DRIVE k .
\ .nnKKFO _ z'® "\ \ SOUTH ALBA
-
it" WALL
?? 120.80
N BY53b8' E

0
30 20 10 0 30 \\
LOT 146
l CDUCfI)
'T -ORE
LANE
,6o' RM,
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%
&WTO ROAD
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Q?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 2, 2003
MEMORANDUM
TO: John Dorney
Division of Water Quality, Wetlands/401 Unit
FROM: Doug 1-luggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HARRY G. WAGNER
PROJECT LOCATION: LOT 147, 39159 S. ALBACORE LANE, HATTERAS COLONY
SUBDIVISION, AVON, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE 141 FOOT BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 23, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper

FEE OCM %
(14300160ivI354009316256253) OWQ %
(74300 1 602 43510009
pavelopmenl Type
(, private, non-commercial 1009'. (5250) 0% (SO)
development that does not Involve 5250
filling
or
e W
the
op
nds
a
ater areas:
wetlands or op
II. public or commercial development 100% (5400) 0% (SO)
that does not involve the filling or 5400
excavation of any wetlands or open
water areas:
For development that involves the
ill
.
tilling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, S. C, or D
below applies:
III(A). For private, non-commercial
development, if General water Quality
5250 100% (5250) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(8): For public or commercial
if General water Quality
t
$400 100%(S400) 0% (SO)
,
developmen
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality

attached)
Certification No, 33011 (see
40%(S160)
DCM stall
could be applied, but $400 60% (5240)
determined that additional review and
written DWQ concurrence to needed
because of concerns related to water
quality or aquatic life:
ill(D), if General Water Quality 5400 60%(S240) 40% (5160)
Certification No, 3301 (see attached)
can not be applied: Room=
IV. For development that involves 6o% (5285) 40%(S190)
the filling and/or excavation of more 5475
than one acre of wetlands and/or
open water areas:
f
401 comments
Subject: 401 comments
Date: Thu, 03 Jul 2003 12:54:06 -0400
From: Tom Steffens <[e-mail]>
To: Cyndi Karoly <[e-mail]>, Bob Zarzecki <bob. zarzecki @ ncmail.net>,
mike horan <[e-mail]>
The following have ben entered into File pro. The 4 projects on the
bottom did not have #'s that I could find, but here are the comments.
proj name rew date type rec reg comments
.03'-O'1`John Geewax 21-Jun 401 24-Apr Issue n/c
/03-0622 David Purifoy DCM 22-May Issue n/c
,02/*'1e71925 Belle Oaks S/D 401 27-May Issue w/con- Deed restrictions
equ. ed on lots with 404 delineations
V?93-0653 Staff NCO Club MCAS 401 11-Jun Issue n/c
02-1650 NC Parks and Rec - US17 Visitors Center (mod) DCM 9-Jun
V ?ssue n/c
?03-0700 Camp Leach Estates/ HOA DCM 9-Jun Issue n/c
,43-0776 Alice Redding DCM 24-Jun Issue n/c
43-0868 City of Elizabeth City DCM 9-Jun Issue n/c
Y 0 -0760 Tom Bruno 401 30-Jun Isuue n/c
3-0613 Dare Co Well Site 401 22-May Issue n/c
03-0687 L.S. mary Wright DCM 30-May Issue n/c
ohnn Geewax DCM 30-May* Issue n/c
03-0629 William Berry Keech Jr. DCM 20-May HOLD: Plat shows rip
rap along south shoreline enclosing CAMA Marsh. Not allowed.
If permitted as shown, new basin has 50' buffer around the new
perimeter, no development allowed, around basin except access to water
dependent structure, ie launch ramp. 6' wide ditches (existing or to
be built?) that daylight into boat basin channel not allowed
Wade Cooper DCM Issue n/c 03r- oVo-3
Harvey Wagner DCM Issue n/c
Douglas E.Alexander DCM Issue n/c
R. V. Owens III DCM Issue n/c -------note: this is a new project on a
site listed in File pro that says no 401 needed which it didn't at that
time. But the CAMA has us looking at it anyway.
? or comm .....call or write
toms
Tom Steffens <[e-mail]>
Environmental Specialist Il
DENR/DWQ/WaRO
.401 Wetlands

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A NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
03 oJuly?'2, 2003
MEMORANDUM
TO: .lohn Dorney '•~I 1401
Division of Water Quality, Wetlands/401 Unit 'RlloU',1
FROM: Doug I luggett
Major Permits Processing Coordinator
?An'IA'?,,
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HARRY G. WAGNER
PROJECT LOCATION: LOT 147, 39159 S. ALBACORE LANE, HATTERAS COLONY
SUBDIVISION, AVON, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE 141 FOOT BULKHEAD.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 23, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
AGS, HE D
ATLANTIC
OCEAN
i
i
NTEO MANNS sA
HARBOR
\
1 ROANOKE
N ~ SITE ~ ~ \ ~ soUND
~ , 1 JAMES C. FLETCHER WA CHESE
\ D.B. XXX, PG. XXX ,
\ CROATAN i N/F \ SOUND
~ \
JOAN C. ROLLEY \
D.B. 573, PG. 564 PAMLICO SOUND
.i•••'•.
. DREDGE LIMITS .i /
i
' i•1 END PROPOSED 1,350 LF BULKHEAD ~
' VICINITY MAP
PROPOSED EXCAVATION OF PREV. APPROVED / 5590 SF HIGHGROUND PLUG 'PROVED .i' ~ f.•...,.•.,.,.,.•., 9:0::,:~ ID PLUG i~.. '
(TO BE REMOVED AFTER ~ CESSATION OF DREDGING ACiINTIES) )AFTER ~ N . T. S. UNTIES) i••`. •.•.•.9:2 ~ N~ 1 N F
r-' i-~ r- ~ ~ . : . : . • • i Maurice G. Croebie '1 SPENCER YACHTS
N~ :9:a; 321,8. and Loulse R. Govan
CLARENCE T. HAYES : ~ D.B. 319. PG.202
837 PG. 218 ' ~ r--~ ~ r r-' D.B. 946 i• • : • • : • I ~ 6'15- = ' ~
~•~•~s.o:::~:.;.;.;.. " _ NOTES; ~9.0:~ i ~ N/F 1. OWNER:
~ Apprximote End of Proposed Dredging limits _ i - ~ HEAVLY VEGETATED HARRY SCHIFFMAN ' ' ! ~I / ~ DIKE WALLS MAURICE G CROSBIE i MR.
authorized by CAMA Permits 44-79 and 24 85 :::9,;~ ,,(ll PO BOX 489 ~ ~ ~ ~ D.B. 16e, PG. 336 ! MANTEO, NC 27954 •
: ~ INFLOW PIPE ~,_"Y , TERMINAL END OF PIPE TO BE GREATER l ' ' 2, PROPERTY: , AN K ~ 1
./„S ~ 645' . q' ~ ~ : ~ 5:0: ~ , ~ ~ a AS RECORDED IN D.B. 1047
x•.•.•.•.•.•7.:8•:,•..•. ~ i...;:;:::;8~5::~:::~:..• s: 1 ~ PG. 356 DARE CO. REGISTER 1 ~ •.,x;.7.0: 1~;~11~ i ~ 1 ! OF DEEDS
~ ' I~,', ~ ~ N~ ,1 APPROXIMATE AREA FlLLED , v~ ' t" }1: ' ' BY PREVIOUS DREDGING 6'+ ~ ! 3. AREA:
CHANNEL MARKER 4A bE i ~ • 1 ~ : ~,ti~~' ~ (MATERIAL FROM THIS AREA ~ VOWE E. HUGER 20.64 ACRES TOTAL ~ 1 \ ~ ~ MALL BE USED TO REINFORCE , 294 PG. 971 •3• 13.84 ACRES WETLAND
;:::~:::::~.;!1?t~d;~'\•~ x::•:8;2;;;,;;; • , 1 ~ I. DIKE WALLS AS NECESSARY TO D~B ~ 6.8 ACRES UPLAND
' ~ , ~ , MAINTNN DIKE INTEGRITY) ~ ~ \ rL , 1 ~ ~ i 4. ADDRESS:
grog,. . ~ ~ "r ~ COASTAL WETLANDS , •1~~~:':5. ' ~ i ~ 180 HOOKER ROAD ! i ' 7, . ~ \ ~ N~ WANCHESE NC )S : ~ :1:~:~:~ 1
\ c, 5. PROJECT DESCRIPTION; ~ 1 ' : ~ , ~ ~ MICHAEL PARK;
.y ~ : • • • • W ! , . PROPOSED SILT BOOM AND BARRIER 1 ' ' ~ ° ~ A AREA ~ PROJECT INCLUDES DREDGING BOOM ANO BARRIER I 1 ~ EXISTING SPOIL DISPOS L ,
~ ~ ~ ~ ~ (TO <3E REMOVED, AFTER ~ ~ ~ " ~ ~ CESSATION OF DREDGING) •1 o j. f :D. AFTER i ~ ~ 143 265 SF D.B. 704, PG. 81 •1 /S9~ x-389 L.F, OF CANAL TO A 10' DEPTH DREDGING) ~ :~:o , AND THE INSTALLATION OF
CHAN MARKER ~ . c• ' ~ - ' 5 , i 1,342 L.F. OF BULKHEAD _ o 1 ,R:,,~, , 4.~ ~ ~ N/F
6.5 ro ~ ' ~~,wa . ~ : ~ : ~ , ~ ~ CAPACITY ESTIMATES 0 • 4.7 ~'.•i 1 APPROX. ORIGINAL VOLUME= J2,000 CY , ~~l/
„a.•,. L? , ~ : , / '1,,::: d, ~ APPROX. REMAINING VOLUME 16,688 CY , MICHAf:L D. CARTER '''4.5 :g.p~ VOLUME aF PROPOSED DREDGING= 13,143 CY
i ' D.B.1123, PG. 835 , \
~ ~ - ~ X4.5;:-
~ ~ , 1. ,HEAVILY VEGETATED OUTLET SiRUC1UR ~ ~ /
~ _J ~ / / - y 1 , , afkPr~pbeed Bulkhead } + 1 F ~ , ~ ~ - ~ PR~!'0 ED RIP RAP
j•• ~ , ~ ~ t'~~~ •~1 " 1 V PROPOSED GRAVEL APP ACH N~
I , ~ :1 , ~ ~ ~ , PROPOSED 10'X30' CONCR TE BOAT MP ~ / 44 , ROBERT SANDERUN •
r-~ N ~ ~ r~ ~J ~J ~ 1 J w ~ i ~ i ~ 11: ; , , , ' i ~ ~ , , ' . END PROPOSED BULKHEAD ~ `b •1 ' ~ i' -'y ~ . 'D D.B. 239, PG. 738
i . :a0 SF IN ;area, / _I ~ X7.0. , ~s,a:~:~ ,~U~ l (t Cllr-~
~ - ~ ` 4.0 'i ~ ~ ~ i
I ~ • 6;2 ~ • • .y ~ ~ ~ COASTAL h,4ANAGEMENI' 1 i ! y';::;~ ~:~'~:•:~:~i >iLIZABETHCIT"!
/ ~
i" ~ \ Uplands , ,y9
~ ~ 0 ''~51LT I ~ ~ ~ ~ ~ ~ ~ PR 5ED ~ l - (TO E R OVEI PR 05ED~51LT BOOM AND' BARRIER'` j / ~ ~ CATHERINE RE R LINE TABLE (TO E R OVED .AF R- SAlION-, ! 5,1 ' Beg Proposed 1,350 LF Bulkhead 5~ \ UNE LENGTH BEARING E~ N A hmn ~
t ~ ~ ~ DI ~ ' OF DRED C C, • ES) D.B. 45 PG. 162 L1 58.93 14'51'38"W ~ ~
~ ~J ~ 1 / 51 \ L2 60.84 N02'55'14"W 1 N~ L3 59.09 N '41'38"W
' ~ ' HARRY B. SCHIFFMAN ~ N g 00 ~ ~ 75 FT AEC ~ A ~ L4 32.2 S53'00'00"W ~ ~ ~1 D.B. 1D47, PG. 356 L5 31.20 S76'49'00"W
c° 1' ! 20.64 acres J' CATHERINE REBER L6 3t•65 S739TT7"w
cn \ \ v' L7 40.D0 N31'00'00"W ~ ! ' (1 S. D.B. 141, PG. 583 _ ~ ~1 \ p ~ L8 63.50 S54'16'21'W
i i - - u ,a I Z ~ / ~ / ~ - 'Yi 'gyp 0 L9 65.19 '36'0 "W
R ~AN~SO,llN ~ ~ - ~ ~ _ . ~ ,0~ % ~ ~ \ J'~ ~`°r~+ Os L10 66.44 N 6'09'1 "W ~ r 9 t ' ~ ar
i ~ ~ ~ ~ I ' ~ , ~ ~ r , ;'COASTAL WETCANpS ,r' r r r r o • 1 . _ 1 ~ ; A ~ "hr.
i ~ ~ ~ ,-J 3.0 a, ~ , J ~ ~ ~ r ~ r ~ ~ ~ 1 k ~ ~ f opae Ex, Building `'0
_ i i' ~r L . ~ o o. v j ~ ~ • ~
~ ~ I is i` ~ ~ ~ ~ 1 75 FT AEC ~ \N ! 1 njl ' Uplands a
_L >fi~ ~
1 : J r • ~ ~ - \ ~ ~ NTAL PROFESSIONALS INC. a ENVIRONME ,
i~' i..., • ~ ~
^i' _ ~ , RALPH REED J ,ESTATE ,~h ~ ~ r,~~.._•.•_ ~ j' ~ ••',.s • ~ ~.~,oo Plannin for a Better Environment - _ ~ ~ \ 0 9 `
! \ ~ ~ 2810 N. CROATAN HIGHWAY
D. , 450, P ~ ...148 ~ r r ~ ~ 3.0 . a J LEGEND f , _ - ~ ~ ~ P. 0. BOX 336 8
, ~ + ~ 5 . . ; j L
~ r- . . .-l ~ -J N ,r ~ ~ t6 KILL DEVIL HILLS, NC 27948 : _ , 7 : NCSIt U69 o.n VW{RF RD
- . ' ; ~ 252 441-0239
• • HIGH GROUND EXCAVATION ~ r
r ~ ~ 252 441-0721 FAX
J ~ ' ` ~ 'COASTAL TLANUS ~ r l N ~
• " ~ IFFMAN
DREDGE AREA c0 i ~ f , T~'0 u MR.HARRY SCH r ~ 'P :~4, ~ 0
3.0 z j ~ ~ ~5 , ,4k ~ ~ 9d I ATION IT APPL C AJOR PERM CAMA M
~
j f' ,n3~ f WANCHESE
EXISTING COI-~STAL WETLAND ° ~ i'• .h~ ~ AME /JAMES C. FL HER
DARE COUNTY NORTH CAROLINA
D.B l / ' D.B 11b9 G. 863 ~ „
3,0 SOUNDINGS TAKEN 5/15/03 `0. ' SCALE: 1 =100 DATE: 4/13/03 i
~ ~ 2 W ' REV:
`p 125.28' C... ~ ~ - EXISTING SHORELINE J ~ / 10~ ° t00~ DRAWN BY: KT REVIEWED BY: GW JOB :02-226
' ~ NSTRUCTION--FOR PERMITTING PURPOSES ONLY 1 inch = ioo tc. NOT FOR CO
- 30 SETBACK LINE ~ ~ ~ ~ ~ ':,i NANNIES CREEK ~ GR.APHIC SCALE
75'AECLINE -~r MAP TAKEN FROM W.M. MEEKINS, JR. & ASSOCIATES
r~ ~~-~~rr
PROPOSED BULKHEAD
i'