19940467 Ver 1_Complete File_19940520

?Y
C
e w sTntE' ! 2 5
f=
?5342
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
Mr. Richard Watts
Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
Dear Mr. Watts:
October 12, 1995
GARLAND B. GARRETT JR.
SECRETARY
RECEIVED
,ACT 2 Q 1995
eNVIRONMeNrAL ScleNCcS
Subject: Dare County, Bulkhead Replacement at the North Dock Hatteras Ferry Basin,
State Project No. 6.051031.
Pursuant to our recent telephone conversation, find enclosed a copy of the CAMA Permit
application, drawings, adjacent property owner letter and a copy of the fee check for the above
referenced project. We will send you the green cards as soon as they are received.
The proposed action will include the demolition and replacement of a portion of the eastern
bulkhead at the Hatteras Ferry Docking Facility. The bulkhead is failing at several locations and
is in dire need of repair. The portion of the bulkhead to be replaced is 200 feet long and will
require the excavation of approximately 100 cubic yards of material. This excavation will be
conducted on the adjacent property to the east owned by Paley-Midget Partnership. Therefore,
they are a co-applicant for this permit request. Find enclosed a copy of the letter from their
company authorizing NCDOT to be the agent for acquiring this permit.
The NCDOT is requesting that the proposed work be authorized under a Coastal Area
Management Act (CAMA) permit. By copy of this letter we are requesting the review and
issuance of a 401 Water Quality Certification from the NC Division of Environmental
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
(9
2
Management and Section 404 and Section 10 Permits from the US Army Corps of Engineers. If
you have any questions regarding this request, please do not hesitate to call Scott P. Gottfried at
919-733-3141, Ext. 307.
Sin Vick, P.E., Manager
Planning and Environmental Branch
BFV/plr
Enclosures:
cc: Mr. John Dorney, DEM
Mr. D. R. Conner, Division 1 Engineer
Mr. Randy Turner, NCDOT
Mr. Rod Gross, Ferry Division
Mr. David Lekson, COE Washington Field Office
Mr. John R. Parker, Jr., DCM-Raleigh

P.O. BOX 250 • HATTERAS, NORTH CAROLINA 27943 [phone]
INS
Q 15 fir, d ?
SEP 19 1995
September 18, 1995
Mr. Rod Gross
NCDOT Ferry Division
113 Arendell St., Room 120
Morehead City, NC 28557
RE: Hatteras Inlet Ferry operations
Dear Mr. Gross:
TELEFAX [phone]
Please accept this letter as notification that Paley-Midget
Partnership, as an adjacent property owner to the Hatteras ferry
terminal, hereby acknowledges without objection the proposed
installation of a free-standing concrete bulkhead along the eastern
side of the basin adjacent and across a portion of our property.
It is my understanding that the bulkhead will be installed where
the failed wooden structure now stands. Additionally, it is my
understanding that we will be allowed to install conduit to create
a thru-way in the poured cap of the bulkhead to facilitate tie-
backs for our proposed bulkhead. Mr. Lyn Small is to forward
drawings for the tie-back location early next week.
We appreciate the opportunity to review and comment on your
proposed project. As adjacent property owners in close proximity
to one another, and at a location with the. dynamics of the Hatteras
basin, it requires that we be ever conscious of and cooperate fully
with our neighbors. We look forward to a continued concerted
effort to work together in the future.
Sincerely,
' othy W. Midgett
TWM/jhn
+ME•? j SALES, RENTALS, CONSTRUCTION • OFFICES AT HATTERAS, AVON, RODANTHE
Form DCM-Mg-1
A ?P L A'?ION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name NCDOT, Tim Midgett
Address P- 0. Box 25201; P. 0. Box 259
City Raleigh; Hatteras State NC, NC

Zip 27611/2794:jay Phone [phone]
Fax [phone]
b. Authorized Agent:
Name NCDOT
Address P. 0. Box 25201
City Raleigh
State NC
Zip 27611 Day Phone [phone]
Fax [phone]
c. Project name (if any) Hatteras Ferry Bulkhead
Replacement
NOTE. Permit will be issued in name of landowner(s), andlor
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
Revised 03/95
b. City, town, community or landmark
Hatteras
c. Street address or secondary road number
NC 12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
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 replacement of bulkhead
bulkhead
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance
c. Will the project be for public, private or commercial
use? Public Transportation
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. _Replacement of damaged
timber bulkhead with concrete sheet
piles at Hatteras North Dock ferry basin.
Barge, crane, dumatruck, loader, and
clamshell are likely -to be utilized at
site.
Form. DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL 21 - 31
d. Soil type(s) and texture(s) of tract
course sand
e. Vegetation on tract native grasses
f. Man-made features now on tract ferry ramps,
office, and maintenance facility
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the iocal land use plan.)
Conservation x Transitional
Developed Community-
Rural Other
h. How is the tract zoned by local government?
Nnf3i=
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
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 x No
1. Are there wetlands on the site? Yes x No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
N/A
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.) storm
runoff sheet flow
o. Describe existing drinking water supply source.
N/A
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.
• 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
Revised- 03/95
Form DCM-MP-I
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.
Teaches Lair Marina
Name ATTN: Mr. Joe 'Norris, Manager
Address P. 0. Box 520
Phone Hatteras, NC 7943
Name U. S. Coast Guard
Address Hatteras, NC 27943
Phone
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.
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.
74li
This is the , day of 195
Print Name Gc / / G
Signature
or Authorized Agent
• 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.
Please indicate attachments pertaining to your proposed
project.
X 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
• 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.
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
Form DCM-MP-2
?XCAVA?'iON
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
Fasting Project
Length Width Depth Depth
Access
channel
(MLW) or (NwL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

:tiIN?: ?:tiiJ%:S::i??}ii$.*?
( Jf?SCY.: SK! "ti?i':'n;4 •:J?ii{?H"p

+200' +3' +4.5' +4.5'
Bulkhead Excavation
below MHW
1. EXCAVATION
a. Amount of material to be excavated from below
MHW N(WL in cubic yards +/ -100 . C. Y -
b. Type of material to be excavated sand
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic- vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards +/-40 c - y .
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Upland area out of
wetlands to be obtained by contractor.
b. Dimensions of disposal area . N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No N/ A
If yes, where?
Revised 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands? N/A
Yes No
f. Does the disposal include any area in the water? N/A
Yes No
If yes,
(1) Amount of material to be placed in the
water0-assuming water is in front of
(2) Dimensions of fill area existing bulkhead
+/-200' x 14'
(3) Purpose of fill backfill
b.
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length +/ - 200'
Will fill material be placed in
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area _
coastal wetlands
c. Average distance waterward of MHW 16E)I=
0 - from existing bulkhead
d. Maximum distance waterward of MHW N(NWL
0 - from existing bulkhead
e. Shoreline erosion during preceding 12 months
0'
(Source of information) existing bulkhead
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? filter fabric
f. Type of bulkhead oox4x*material concrete
sheet pile b.
g. Amount of fill in cubic yards to be placed below
water level (MHT)
(1) Riprap 0
(2) Bulkhead backfill 100 c.y. (after excavation)
C.
h. Type of fill material gravel and filter fabric
i. Source of fill material quarry
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
x_ Yes No
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
harg,e, crane, clamshell, truck, and
loader
Will wetlands be cr3ssed in transporting equipment
to project site? Yes x No
If yes, explain steps that will be taken to lessen
environmental impacts.
NCOOT-H..Aranklin y,*A, P.
App ' t ect Name
Date
Revised 03/95
Table 1(Federal and State Permits)
Protect CAMA Permit COE 404 Permit DEM 401 Permit
Shoreline Protection Permit No. 115-94 Action ID No. 199402719 Project No. 94467
NCDOT and Tim Midget Issued 9/28/94 Issued 10/17/94 Issued 9/26/94
Bulkhead and Ramp Rep. Permit No. 163-89 File No. CESAW-C089-N-028-0364
NCDOT Issued 8/8/89 Issued 8/24/89
Modification to 1989 Per. Permit No. 163-89 File No. CESAW-00089-N-028-0364
NCDOT Issued 2/15/90 Issued 2/28/90
WASHINGTON .•,_?;. ^ ,t _ A R E \\I
>;1 rwaw. l.w Y R R
E L L' `U
-.-\ l
1 IS ? sl,....,
r.wl... _ H Y E
1 l ..+.... . ,.,1.1 S r..
1 t N YII/r...Y.w...l?\? Iwl r.w.rA `?•
I C15
. ./ , is \.•r.wf W n ?O ?
T xr.•1:.?.11. ' i
?' 1N • ? rl.e...?. '1 ? ?
¦.. 11...1..«. 11 '
•? M.r ^d1.K 1 ?
?4aw\e-..u. • `l•. 11r•n W.,1I! 44 Aed M•v.r ti ^.. ,\
so.l>, ( low. • \ ' \ .. .? ? Or.l
A N,
' f c O /' F, / I.CwIw OYfI
./Ill 1.•werly.r..ll(- / I Q ` \ vv ;
I a`Ifw.ollw oa -. rwl..
y,51 l.w+el•? R.w.w ,??/ ?
e.. i
04-4
G.'..f br..a C , •l0 ro b sett d \ ,.a Dw w<)4 COLLI.LS Yr*O A. 17 Mal
.roll ` 1•o.l Y. A.a4? CLf.. ,d. -
7 .?
SAHOY?? '
DAY '
Aa"mfos 1 t ?
Ferry
1
.
?G?ELT 51TE ? )?'s;

%

}{ Y 0 E i
c O u
Qo 0 av rt.rt .,.. --,9 971.cs
fort .,C..-srfllr .O•-O'1
0- ,1 0• l...l :. in.
N T ( y
N.C.D.O.T.
DIVISION OF HIGHWAYS
DARE COUNTY
PROJECT #6.051031
PROPOSED BULKHEAD
REPLACEMENT AT NORTH DOCK
HATTERAS FERRY BASIN
SHEET I OF 3
REVISED JULY,1995
t-r-r-rrz.-r4 f _g 3 4r-a+n
li
I
r
r --
180 7"0 T? e EAsr
U SCU
Bu/Kt+fA? 'l I
?I
II
?.L.
1zRcjpF4 eD
'?K/.K.?H E AO
tXiSTjA16? su?Kf?Eh?
r y`V
kTurn u)*Il
ro r, K e"In'A
F?SEM?nJr?
• ?3
97.7 T-; Mrar?eTr
V'.0, (30% X54
f{aTTerQS? ?1G 279?t3 ` =

??T7) Tte pQ SE o
ir?l = Coht.CRE?? SHBAT PIMNC.'
SSA _ C ! 5-0'
435-0 i To TAt EciS r
7-Cacl,e5 ?al? r?'i?cc,'nc?
R0.13oY320
H-Veras NC 271,83
A-r., 3oe morr.S m'"Oel tr
N.C.D.O.T.
DIVISION OF HIGkWAYS
DARE COUNTY
PROJECT 6.051031
PROPOSED BULKHEAD
REPLACEMENT AT NORTH DOCK
HATTERAS FERRY BASIN
SHEET a OFD
REMSED JULY,1995
PROPOSED GRADE
EXIST. GROUND

Z:I
EXCAVATION SLOPE
FILTER FABRIC
TOP OF STONE BACKFILL
EG. - 4,23D
?? PROPOSED BULKHEAD
r ti
EXIST. BULKHEAD
o oa
V.4PjA [.E Mean ;ShT;cl
LOW TIDE
I
NOTES:
- INSTALL PROPOSED SHEET PILES PRIOR TO EXCAVATING BEHIND THEM.
-'EXCAVATE AS SHOWN BUT SLOPE ONLY AS NEEDED FOR SAFETY OR TO PREVENT CAVING.
- THE EXISTING GROUND ELEVATION VARIES ALONG THE BULKHEAD ALIGNMENT.
- THE LOCATION OF THE EXIST.BULKHEAD VARIESALONG THE BULKHEAD ALIGNMENT.
- WHERE THE EXISTING BULKHEAD IS LOCATED IN FRONT OF THE PROPOSED
BULKHEAD. REMOVE-THE EXISTING BULKHEAD DOWN THE DREDGE LINE.
- WHERE THE EXISTING BULKHEAD IS LOCATED BEHIND THE PROPOSED BULKHEAD.
REMOVE THE EXISTING BULKHEAD DOWN TO LOW TIDE ELEVATION
r3?c.o? M . H.T. • _ ?°o cu. yes
ABo??: Nt.ff = So s
1- = Z SO Gu . IDS.
N. C. D.O.T.
DIVISION OF HIGHWAYS
DARE COUNTY
PROJECT #6.051031
PROPOSED BULKHEAD
REPLACEMENT AT NORTH DOCK
HATTERAS FERRY BASIN •
SHEET 3 OF S
REVISED JULY,1995
NOU-09-195 THJ 14:26 ID: TEL NO: #744 P02
M . a
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretory
A. Preston Howard, Jr„ P.E., Director
October 6, 1995
MEMO
To: John Parker
Prom: John DDM41kol &VII,
Re: Water Quality Curnmerit
CAMA Major Permit 115-94 Modification
Dare County
DEM # 94467
E>F= "MFR
In reference to NC DOT proposed modification of CAMA Major Permit 115-94 to change the
permitted shoreline protaudon structure along the north side of the, ferry turning basin In Hatteras, Dare
County, the Divigion of Environmental Management has some concerns over the proposed change
from rip rap t0 wooden bulkhead and breakwater a structure.
DEM has no objection to the 165 foot portion of tall bulkhead along the existing high ground
or the breakwater. However, we have concerns about the 224 feet of shaft bulkhead wamTward of the
existing marsh near Austin Creek. The short bulkhead will hinder the use of the marsh by aquatic
organisms and eliminate the shanow water tgt WtIon fia the marsh which is important to many small
fishes and other aquatic organisms.. Wave reflection off the bulkhead may actually deepen the water
near the structuue_ Also the proposed backfiA will eventlally erode away by tidal action and may
cause further frllung at the mouth of Austin Creek as ebb tides run behind the bulkhead. The loss of
backfill and scouring in front of the bulkhead may lead to a premature failure of the structure. The
permitted rip rap would maintain the shallow water habitat and actually improve the habitat for marry
aquatic organisms. the rip rap would also allow more natural flashing of the marsh behind it.
Therefore DEM recommends:
The 224 foot of short bulkhead should not be allowed in lieu of the permitted
rip rap.
x. The 165 foot of tali bulkhW should be tied back into high ground at both
ends to contain the bacM.
Please call me at 733-1786 if you have any question.
cc: Washington Regional Office
Central Office
Pete COluwell 94467. mein
P.O. Box 29535, Raleigh, North Carona 27626,0635 Telephone [phone] FAX [phone]
An Equal Opportunity Arfirmativo Action Employer W% r6cyclad/ 10% post-consumer paper
y` -"'NOV-09-'95 THU 14:27 ID: TEL NO:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fish9ries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freemen, Director
TO: John R. Parker, DCM Mellor Permits Coordina
PROM: Sara E. Winslow, Biologist Supervisor
#744 P03
UEHNR
44-u
HIV ..V?
SUBJECT: NC DOT -Paley Midgett Project -Minor Modification permit #115.94
BATE: 8 September 1995
The following comments by the North Carolina Division of Marine Fisheries are provided
pursuant to General Statute 113-131. This agency feels that'ihis modification constitutes a major
modification to the project. However, the Division approves of this proposal with the following
modifications.
It is difficult to determine from the plats what the proposed gaps are for the 150 feet of
breakwater. If this is a I inch gap at every 12 feet, it is not adequate for water exchange nor fish and
invertebrate passage between the shoreline and the breakwater. This agency recommends one
breakwater sheetpile be left out of the breakwater every 8 feet, This would provide adequate water
exchange and allow fish passage to occur. Both of the sections of bmakwater(130 feet and 20 feet)
should not tie into the proposed bulkhead, a separation between the two should exist.
The Division feels that the proposed 384 feet of bulkhead should be modified as follows.
The 52 foot long bulkhead return wall through the marsh is extremely excessive, extending
approximately 40 feet. This section of bulkhead is proposed to be at the 4 foot height, which would
cut of this coastal wetland ages, Is this proposed to be filled? If so this would result in the loss of
coastal wetlands. The length of the return wall should be reduced significantly. The height of the
bulkhead should be reduced to allover the ebb and flow of the tides through the wetlands. The
proposed 56 foot bulkhead section in approximately the middle of the project, cannot be determined
if this is proposed at the 4 foot height or the 2 foot height. This section of bulkhead should be at a
low enough level to allow'tidal exchange between the marsh and the sound. The alignment of the
bulkhead should be adjusted so that all wetland area is behind the low water bulkhead. At the
transition point between the fill placed on the high ground and the wetlands, there is no proposal to
P.O. Box 799, Morehead City, North Carolina 2$557-0789 Telephone [phone] FAX 919.72$-0254
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
- 'NOV-09-'95 THU 14:28 ID: TEL NO: #744 P04
John R. Parker
8 September 1995
Page Two
prevent erosion of this fill to the wetlands.
The proposed bulkhead along the wetland area is 2 feet above NWL. This bulkhead should
be constructed to ensure that the ebb and flow of the wetlands during the tidal cycles is not hindered.
No fill should be placed in these wetland areas.
The Division strongly feels these concems should be addressed. This agency would continue
to prefer the original proposal of rip rap.
cc: Katy West
File
. - - NOV-09-'95 TMJ 14:25 ID:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr„ Governor
Jonathan S. Hawes, Secretc
Roger N. 5checter, Dlrector
TO, Jolly R. Parker
pow.K.
TEL

N0: -
#744 Poi ----^
a-ticu?.?F-2
TIROM: Lynn W. lvlathLt
SUBJECT: Recommendations for NC DOT Minor Modification of Major permit #115-94
DA'Z'E: August 11, 1995
I would like to recommend the fallowing coriditions for your consideration regarding
the above noted modification, in addition all applicable conditions stated in the original
permit issued on September 28, 1994,
1) Reduction of the 52' return wall on the northwest end of the proposed
bulkhead to reduce impacts to the existing marsh. Placement of the return wall
should be minimum necessary to prevent erosion - behind the proposed
bulkhead. The section of bulkhead where the return wall will be located is to
be four (4) feet above meat high water and should not require a 52' return
wall.
2) Installation of a return wall where the transition occurs from the high bulkhead
(4' above NWT.,) to the low bulkhead (2' above NWL) or CAMA approved
method to prevent surface runoff of fill material into adjacent waters.
3) The bulkhead must be structurally tight so as to prevent seepage of backfill
materials through the structure.
4) The bulkhead must be installed prior to any baakfill activities.
5) All fill material shall be placed mi open water behind the bulkhead. No fill
activities may take place in the wetlands.
b) Wooden mats shall be used to protect the wetlands from the adverse impacts of
equipment during construction.
1367 US. 17 south, Mcco eth Cliy. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opporturft AMrmatve Acton Emplrayer W%recvcled/ 10%post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources •
121
Division of Coastal Management LT. James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary [DaHNFZ
Roger N. Schecter, Director
RECEIVED
MEMORANDUM:
AUG 161995
ENVIRONMENTAL SCIENCES
TO: John Dorney
FROM: Lynn Mathis
SUBJECT: Minor Modification Request for Permit #115-94
DATE: August 11, 1995
On September 28, 1994, NC Department of Transportation (NCDOT) was issued
CAMA Major Permit #115-94 to install 480' of riprap for shoreline protection along the
Paley-Midgett property in Hatteras. The property in questions forms the northeastern
shoreline of the ferry terminal turning basin. Information submitted by the property owners
indicates that 20 to 30 feet of shoreline has been lost since 1990. The permit issued to
NCDOT was for the placement of riprap along the approximate limit of the 1990 shoreline
and backfill in an attempt to reclaim the lost property. The amount of riprap and fill material
to be placed below mean high water under the current permit is 325 cubic yards and the
amount of fill permitted above mean high water is 170 cubic yards for a total of 495 cubic
yards. The riprap and fill is permitted to extent one (1) foot above mean high water and
filled even with the adjacent marsh. The total amount of fill material and riprap permitted for
placement above and below mean high water along the shoreline is 495 cubic yards.
On July 25, 1995, the Elizabeth City Field Office for the Division of Coastal
Management received a request from NCDOT to modify the permit in question. The
modification would allow the use of a bulkhead and breakwater system instead of riprap. The
alternate system being proposed is intended to prevent the possibility of riprap from
sloughing into the adjacent access channel and to reduce the angle of intersect of the Hatteras
Landing Marina Channel and the Ferry Channel. By moving the shoreline protection system
closer to the shore the marina channel can be straightened thereby reducing the hazards to
boating traffic.
The modification request submitted by NCDOT, as shown on the plat submitted, will
extend along 534' of shoreline and will consist of 384' of bulkhead and 150' of breakwater.
The bulkhead will extend four (4) feet above the normal water line for a distance of 165'.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
August 11, 1995
Page Two
The remaining 219' will extend two (2) feet above the normal water line. According to the
plans backfill will be placed even with the top of the bulkhead in both sections. The plan as
submitted does not address the transition point from the 4' bulkhead to the 2' bulkhead or
erosion that may occur at this point. Approximately 130 cubic yards of fill material will be
placed below mean high water and 600 cubic yards will be placed above mean high water.
The 52' return wall of the bulkhead on the northwest end will extend approximately 40' into
the existing coastal wetlands, and on the southeast end the return wall will extend four (4)
feet into the salt marsh. The bulkhead will also cross a 35' section of coastal wetlands.
Two sections of breakwater will be used in conjunction with this project and will tie into to
the proposed bulkhead. Along the northwest end of the system the breakwater will extent
130' around the point along the Pamlico Sound and will be installed 10' waterward of the
mean high water line. A 20' section will be installed along Austin Creek on the Southeastern
end and will be approximately three (3) feet waterward of the mean high water line..
Please submit comments on the proposed project to John Parker by August 25, 1995.
f? .
`jam ?,aSgijo
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR.
GOVERNOR
FERRY DIVISION
113 ARENDELL STREET. ROOM 120
MOREHEAD CITY, N.C. 28557
R. SAMUEL HUNT III
SECRETARY
jL I ^ Y i f5
July 17, 1995
Mr. Richard Watts
District Manager
NC Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909
Re: Modification of Major- CAMA Permit # 115-94
Dear Mr. Griffin:
The purpose of this letter and the enclosed information is for the NC Department of
Transportation (DOT) to request a modification of Major CAMA Permit #115-94. The subject
permit was issued to the DOT on 9/28/94 to allow placement of rip rap material to protect
private property (Hatteras Landing Planned Unit Development), located adjacent to the north
side of the Hatteras Ferry Terminal, from erosion created in part by the ingress and egress of
ferries from the terminal facility. In coordination with the property owners of Hatteras Landing
we have concluded that a bulkhead and breakwater system is a better solution than rip rap to
solve the erosion problem at this particular site.
The two primary reasons for the proposed change to a bulkhead and breakwater structure is to
eliminate the potential for rip rap to slough into the access channel and present a hazard to
navigation and to allow the proposed access channel into the marina at the Hatteras Landing
PUD to intersect the ferry channel at less of an angle thus allowing boat traffic in the two
channels to merge more safely. We are enclosing with this correspondence two plats prepared
by Mr. Lynn Small which indicate the proposed alignment of the bulkhead and breakwater and
provide construction details and cross-sections. Also please note that the area proposed for
bulkheading is the same area that is eligible to be filled landward of the rip rap in the current
permit. Therefore there is no change in the permi alignment of the erosion control structure
and the amount of fill in public trust waters will be r uced.
O? y?b14
PHONE [phone] FAX [phone]
all
Mr. Richard Watts
July 17, 1995
Page 2
Thank you for your attention to this request for permit modification. We are enclosing a check
for $50.00 to the Department of Environment, Health and Natural Resources to cover the costs
of processing the modification and five copies of the plats. If you have questions please contact
me at [phone].
Sincerel
Rod Gross
DOT-Ferry Division
cc: Tim Midgett
Joe Lassiter
John Parker
- 61f??Ieaj - less ?sf/
6a 1-0 H 44, U
/'off- d j? J GILI 61aG? lZI-a 1Q /%Z,
1,o v.
,?lZ q ll o ?•r? G?/'q f? r ? ??,` Z a 7? Gvd fe Nw,?.;
(rtey wa4t %Gtce ??e? S,41a4v 4 c-44070/
ado ; -? ????;?1 5 tap
l ? suY de vt1v mod,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E, Director
September 26, 1994
Mr. Barney O'Quinn
Planning and Environmental Branch
NC DOT
P.O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. O'Quinn:
[D FE F1
A MYrp
z
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed shoreline stabilization, Tim Midgett property
Project # 94467, Project 6.051024
Dare County
Attached hereto is a copy of Certification No. 2923 issued to N.C. Department of
Transportation dated 26 September, 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
PeLsto'n oward, Jr. P. .
Attachments
wgc2923
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files
Joe Lassiter; Quible and Associates
Tim Midgett
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past-consumer paper

NORTH CAROLINA
Dare County
CERTIFICATION
THIS 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
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N. C. Department of
Transportation (at Paley-Midgett site) resulting in impact to waters in Dare County pursuant to revised
application filed on the 1st day of September of 1994 to install 295 cubic yards of rip rap below mean
highwater and install 30 cubic yards of earthen backfill.
The Application provides adequate assurance that the discharge of fill material into the waters
of Austin Creek in conjunction with the proposed development in Dare County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections 301,302,303,306,307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction
related discharge (increases such that the turbidity in the stream is 25 NTU's
or less are not considered significant).
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 1508 of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless
such demands are made, this Certification shall be final and binding.
This the 26th day of September, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
P eston How , Jr. P.E.
WQC# 2923
State of North .Carolina
Department of:Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter,. Director
t
r?
?IF=H
F -C-IvED
. 1 14 OFFICE

May 10, 1994 M.
t?
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: NC DoT/Paley-Midgett
Project Location: Off NC 12 on the northeast shoreline of the Hatteras Ferry Terminal,
Hatteras, Dare County
Proposed Project: To construct 480 feet stone rip rap bulkhead and backfill along the
northeastern shoreline of the Hatteras Ferry Terminal basin.
Please indicate below your agency's position or viewpoint on the proposed project-and
return this form by May 31, 1994. If you have any questions regarding the proposed
project,,please contact Pete Colwell at [phone]. When appropriate, in-depth
comment4 with supporting data is requested.
REPLY V 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. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
_ - - • u
/ ?
?1001
70 / i ag ow
~ c c c <
-vo
?? ? / Joao ya% / / •
CP / ,, -ate /
/ to
u 4- ? -
lk?
1
/• /• \ \
~ ^ c rop y0 ?? / / / <? / S yj ?a+
w ?p?/ / / ?i rn O p 2\
? i
oy
i /
%
o
/ / 0??1rXl'-il A
-00
/ J
toe
/• AZY
I / /' :Io
N I \ XACNSrX
o*o? E 1 \?
/ Iv /• J /
-4 '1
070
Z G G G 1.?.
I rn ?
PA wo?
..
ril
i
-DU 5:01 m
m
C\E_r.g
< 1:93 -q
cD
l -? -c ,{ to
ell NC UCENSE No. 29760
IIdG
Malll r colluMi1cI oll MPIMCM.
1112 KITTY HAWK Rd KITTY HAWK, NC 27949 [phone]
DESIGN, PLANNING, & CONSTRUCTION J
r
(? N (n N \\?%%?j
z
Z
77 -77
l i\/i?\j'\\ N o o c >
0
r ??`_' -\? n fro\\ a c l..
(No
00 >
00 00
Ila 970
Dv OR
//\ =1 I I ?'? ?? g
'I I \
I
rn x ?
A
D
? ? rn
rn
D
(A V)
179
z z M O.
_ .?
> -4m
r*, _//! III- m °
I I I 3 => \\? O
Oo Q !'? \ ?\ I-D I X W C \?\ x
D Fo
c n\\
PI I
D
\\ rn \ ` ` j \V j/ ?+
r, 0
V. X
"2
7
70
0
N HA T TERA S LANDING P. U. D . J NC LICENSE No. 29760
M?
z a BULKHEAD - BREAKWATER PLAN uaC
o?vr"'*i Z z or iI ? HATTERAS TWSP. - DARE CO. - NORTH CAROLINA SIB CONSMUCMN SERVICES
w w m 1112 KITTY HAWK Rd KITTY HAWK, NC 27949 [phone]
-< -<
<0 N MIDGETT REALTY DESIGN, PLANNING, & CONSTRUCTION
_l
i
?F
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P,E., Director
October 6, 1995
MEMO
To: John Parker
From: John Dornql?)G1? V
Re: Water Quality Comment
CAMA Major Permit 115-94 Modification
Dare County
DEM # 94467
A P75MA
AM
e7vA
C) FE F1
,fky fy
r y17
---op y
In reference to NC DOT proposed modification of CAMA Major Permit 115-94 to change the
permitted shoreline protection structure along the north side of the ferry turning basin in Hatteras, Dare
County, the Division of Environmental Management has some concerns over the proposed change
from rip rap to wooden bulkhead and breakwater a structure.
DEM has no objection to the 165 foot portion of tall bulkhead along the existing high ground
or the breakwater. However, we have concerns about the 224 feet of short bulkhead waterward or the
existing marsh near Austin Creek. The short bulkhead will hinder the use of the marsh by aquatic
organisms and eliminate the shallow water transition to the marsh which is important to many small
fishes and other aquatic organisms. Wave reflection off the bulkhead may actually deepen the water
near the structure. Also the proposed backfill will eventually erode away by tidal action and may
cause further filling at the mouth of Austin Creek as ebb tides run behind the bulkhead. The loss of
backfill and scouring in front of the bulkhead may lead to a premature failure of the structure. The
permitted rip rap would maintain the shallow water habitat and actually improve the habitat for many
aquatic organisms. the rip rap would also allow more natural flashing of the marsh behind it.
Therefore DEM recommends:
The 224 foot of short bulkhead should not be allowed in lieu of the permitted
rip rap.
2. The 165 foot of tall bulkhead should be tied back into high ground at both
ends to contain the backfill.
Please call me at 733-1786 if you have any questions.
cc: Washington Regional Office
Central Office
Pete Colwell
94467.mem
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
0

STATE OF NORTH CAROLINA
DEPARTMENT OF Tk NSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201
September 1, 1994
Division of Coastal Management
N.C. Department of Environment, Health
and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
ATTENTION: Mr. John Parker
Dear Sir:
R. SAMUEL HUNT III
SECRETARY
qq-?O?)
SUBJECT: Dare County, Proposed Shoreline Protection of Tim
Midgett Property Adjacent to Hatteras Ferry
Basin, Project No. 6.051024.
Please reference the North Carolina Department of
Transportation's April 29, 1994 permit application for the
referenced project. As was originally proposed, the
shoreline was to be restored to its approximate 1990 location
and stabilized against further erosion utilizing stone rip
rap with earthen backfill. The proposed action would have
resulted in the placement of 390 cubic yards of rip rap and
265 cubic yards of earthen fill below ordinary high water.
During the permit review process for this application,
concerns were raised concerning the amount of fill taking
place below mean high water. Therefore, after coordination
between NCDOT and various environmental agency personnel, the
Department wishes to modify our proposed design to minimize
the amount of open water fill. Specifically, the majority of
the stabilization effort will now be accomplished by rip
rapping the.existing shoreline. Earth backfill will be
placed behind the rip rap along a 40' section of the most
highly eroded shoreline (see enclosed Sheet 2 of 4).
The proposed revised design will reduce the amount of
rip rap placed below mean high water from 390 cubic yards to
295 cubic yards. The amount of earth backfill will be
reduced from 265 cubic yards to 30 cubic yards.
The North Carolina Department of Transportation requests
that our original permit application be revised to reflect

I
the changes detailed in this application. A revised permit
application form and set of drawings (4 sheets) are included
for your information. A copy of the deed for Mr. Midgett's
property has been previously provided.
By copy of this revised application, NCDOT requests the
appropriate 404 permit from the U.S. Army Corps of Engineers.
The N.C. Division of Environmental Management will be
notified of this project during the CAMA public notice
process, although a copy of this revised application is being
provided to NCDEM for informational purposes. If you require
any additional information concerning this application,
please contact Mr. Doug Huggett of NCDOT's Environmental Unit
at [phone].
Sincerely,
B. _ 2nn?, P.E.
Assistant Branch Manager
Planning and Environmental Branch
cc: Mr. David Griffin, DCM, Elizabeth City
District Engineer, COE
Mr. David Lekson, COE, Washington
Mr. John Dorney, DEM
Mr. Don Morton, P.E., Highway Design Branch
Mr. A.L. Hankins, P.E., Hydraulics Unit
Mr. John Smith, P.E., Structure Design Unit
Mr. D.R. Conner, P.E., Division 1 Engineer
Mr. G.T. Shearin, P.E., Roadway Design Unit
Mr. Jerry Gaskill, Ferry Division
Mr. Rod Gross, Ferry Division
! WASHINGTON ?•'•-.- ^ II • - U A I? E 1
?:- rw ,.. I.... T Y R R E L L i i u l
I 19 ? siv^>Y
11 G?' ?M ,,
L.L
?Y
A 11--
1 1 ,f r
73
r.wla. H Y
1 N.•.. ww r y.If r•wr.w• 1.1 •r A.r? `A l
( IS if\. I VY ? Q
•/ I t- lawa.wt f-.r.n O
K.nat•.e..IM i 1 '
t.^ t' .11.1 • I n.o•a.++
R•was.wl• .'.. '+' W ,?
w \„ •, ij S?.w 0>.rtr! w..«r.. n.. \ I..e.
S t ?
OM lprt.•.a \
J Nee.t..n \j \ nII 4••. Y\?j?.
wll• • II ,1i1

Slaw'•••II
1 1 C \ O '' trc^r.ovst
t.'b•It»anll(' ?•
hill
? i ? • s lfwwlm° ?..w /nlw
t...+•a? R.n.w ??/
i
t Od-1 y Bar / j
' wet B.-_j I
t:rd tr dr 1d C y •10 1411 or t+LtS t?• ?of (pu.KS I,rn°t. I] t+aLI
70
•.ett SouU+R+... 0• co.• ?o,a
.SANDY
DAY

P?J Ear s r-rE ? ?>> ? ?
.

H Y P C
C O U y 7
00 p•lY st.rt ,w,/,.AA-st t:1w03 N
I"a
,Of 1?0-

..., :. Ita..
? a1 0'

Q S,<?l
I : -.o

'?o•3?x zSa
Z.-7q4-5
z5&. -7
s 5 4d
OF
y T
l?a.rf aF MhR'+N
?1
,?
?

P

Ei
yNkrs*s Ee? ?
?

EHO E,uJYi?$ x

1 Y +r

EY,sTi?? ?
P4 r
;r7 i

' ?seMEUu
?s??'N ??XFILL
. _? P?°'Q s'far.1E
CONe. Pi-.e GP
V.C.D.O.T.
DIVISION OF HIGHWAYS
DARE CO.
PROPOSED SHORELI\E
PROTECTION ON TIM MIGETT
PROPERTY ADJACENT TO
HATTER-As FERRY BASIN
SHEET Z OF
AUG. 1994
?A4
c 44 (? ??4 4
IN
Z 'o V
.Qo Q 0 0 ti O
;I ?ti` ! W S C m M
4i ?Q I ? Q `/J? ? J
t'' •• V 1 N n?/ ?.L 0
o r d 4
4S O " q t l?
a w I ? ? M :? w -Q4 ?
tu
ti 0
VJ
O p r p p) °I. 4 w
I J
N.C.D.0.T.
DIVISION OF HIGHWAYS
DARE CO.
PROPOSED SHORELINE
PROTECTION ON TIM MIGETT
PROPERTY ADJACENT TO
HATTERAS FERRY BASIN
SHEET 3 OF
AUG. 1994
-? El- 3 D '
N1. F { T ?L . 1.1 -? 3. o
El.-0.7V
TyP cal Sac?ioh Back?'?'ll Area:
To
Top 0?66t n ?C' z,
NINr E?. i. 1?
C. Nl l-I T EL -0,7'
T i Ga.? S2c7 ion
Rap
?'a rah
C//1 6ack4: /l
N.C.D.O.T.
DIVISION OF HIGHWAYS
DARE CO_
PROPOSED '-SHORELINE-
PROTECTION ON TIM MIGETT
PROPERTY ADJACENT TO
HATTERAS FERRY BASIN
SHEET_4 OF 4_
-AUG. 1994
;e type or print. Carefully describe
anticipated development activities,
iding construction, excavation,
.ng, paving, land clearing, and storm-
- control. If the requested information
>t relevant to your project, write
not applicable). Items.1-4 and 8-9
be completed for all projects.
APPL Z CANT
ime NC Dept. of Transportation
ATTN: Mr. B. J. O'Quinn
1dress P. 0. Box 25201
Lty Raleigh State NC
Lp 27611 Day Phone [phone]
Landowner or X Authorized agent
-oject name (if any) Shoreline protect-
ion of Tim Midaett property (revised)
If you plan to build a marina, also
complete and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private
or commercial use?
Private, commercial
d. Describe the planned use of the project.
To stabilize shoreline area against
future erosion
4 LAND. AND WATER
the applicant is not the landowner, CHARACTER 2 ST 2 CS
Lso give the owner's name and address.
Cim Midaett a. Size of entire tract N/A
?. O. Box 250
latteras, NC 27943 b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
LOCATION OF +/- 4.0 feet
PROPOSED PROSE CT
d. Soil type(s) and texture(s) of tract
:reet address or secondary road number Sand
3C 12
e. Vegetation on tract Various species of
Lty, town, community, or landmark native grasses and shrubs
3atteras
f. Man-made features now on tract None
Runty Dare
g. What is the CAMA Land Use Plan
3 proposed work within city limits or Classification of the site (Consult the
Lanning jurisdiction? Yes local land use plan.)
3me of body of water nearest project Conservation Transitional
?amlico Sound, Hatteras Inlet Developed X Community
Rural Other
E>ESCR =PT =ON AND h. How is the tract zoned by local government?
Pr.p?NNED USE OF None
PROPOSED PROaECT
i. How are adjacent waters classified?
Bscribe all development activities you SA
ropose (for example, building a home,
Dtel, marina, bulkhead, or pier). j. Has a professional archaeological survey
Shoreline reclamation and stabilization been carried out for the tract? No If so,
by whom?

f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area
N/A
h. Do you claim title to the disposal area?
N/A If no, attach a
letter granting permission from the owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
c. Shoreline erosion during preceding 12 months,
in feet +/- 3 feet
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards to be placed
below mean high water 325 cy
f. Type of fill material Stone rip rap and
earth backfill
8 ADD = T ZONAL =NFORMAT =ON
j. Does the disposal area include any marsh- In addition to the completed application form,
land, swamps, or water areas? the following items must be submitted:
N/A
k. Will the fill material be placed below mean
high water? Yes
1. Amount of fill in cubic yards 495 cy
m. Type of fill material Stone riprap & earth
borrow
n. Source of fill material Quarry & local
borrow pit
o. Will fill material be placed on marsh or
other wetlands? Within waters only
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept
on site and erosion controlled?
Stone shoreline protection will be
installed initially to create barrier for
earth backfill.
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Dragline with clamshell
backhoe, bulldozer, dump truck
s. Will wetlands be crossed in transporting
equipment to project site? Yes If yes,
explain steps that will be taken to
lessen environmental impacts.
Construction mats, to be removed following
construction
A copy of the deed (with state application only)
or other instrument under which the applicant
claims title to the affected property. 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 work plat (including plan view and
cross sectional drawings) drawn to scale in
black ink on an 8.1/2 x 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 18 high 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
county road (SR) numbers, landmarks, and the
like.
A stormwater management plan, if applicable,
that may have been developed in consultation
with the Division of Environmental Management.
7 SHOREL=NE
STAB 2L= ZAT =ON
a. Length of bulkhead or riprap +/- 480 feet
b. Average distance waterward of mean high
water or normal water level 12'
A list of the names and complete addresses of
The adjacent waterfront (riparian) landowners.
These individuals have 30 days in which to submit
comments on the proposed project to the Division
of Coastal Management and should be advised by
the applicant of that opportunity.

Name Tim Midgett
Address P. 0. Box 250
Hatteras, NC 27943
the
Name U. S. Coast Guard Any permit issued in response to this applicatioi
Address Hatteras, NC 27943 will allow only the development described in the
application. The project will be subject to
conditions and restrictions contained in the
permit.
Name
Address
A list of previous state or federal permits
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
A check for $250 made payable to the
Department of Environment, Health and Natural
Resources to cover the costs of processing
the application.
A signed AEC hazard notice for projects in
oceanfront and inlet areas.
A statement on the use of public funds. If
project involves the expenditure of public
funds, attach a statement documenting
compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to
9 CERT 2F =CAT =ON AND
PERM= SS =ON TO
ENTER ON TZZ&WID
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 further certify that I am authorized to grant,
and do in fact, grant permission to represent-
atives 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
project.
10).
This is the day of SE2721N Q C , 19
saoinosaa leinluN pue 'tMeaH `}uawuoalnu3 jo -Ida(] 'O'N
pauBtS
i
V'jj

/, abessaw
I

11V:) 3Sb'3ld a3NOHd3131
NOISN31X3 u3ewnN 3000 v3mv
auoyd

w
1(10 3a3M nOA 311HM
awll y a494e(]
C4 of
'Ilt/D 21(101. 43N21f11321
1N3J21f1 (lO.l 33? Ol S1N`dM
Nlb'Jb' llb'J IIIM (lO.l 33S Ol 4311`dJ

1Nt/180dW1
JUL-2e-'94 WED 08:33 ID:
w'
TEL NO:
A,
STATE OF NORTH CAROLINA
DEPARTMENT OF 7kANSPORTATION
JAMES B. HUNT, JP, DIVISION OF HIGHWAYS
GOVERNOR PO. 80X 25201. RALEIGH. N_C. 77611-5201
July 8, 1994
Division of Environmental Management
N.C. Department of Environment, Health
and Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27611-0535
ATTENTION: Mr. John Dorney
Dear Sir:
9397 P01
k. SAMUEL HUNT III
SECRETARY
SUBJECT: Dare County, Proposed Shoreline Protection of Tim
Midgett Property Adjacent to Hatteras Ferry
Basin, Project No. 6.051024_
The purpose of this letter is to respond to your June
22, 1994 correspondence requesting additional information on
the subject project. Enclosed you will find a July 5, 1994
letter from Mr. Timothy W. Midgett, owner of the property in
question, in which a response is provided to your concerns.
It is hoped that this information will provide your office
with sufficient data to proceed with issuance of the 401
Water Quality Certification for this project. However, if
you require additional information, please feel free to
contact Mr. Doug Huggett at [phone].
Sincerely,
J. 'Quin P. E.
As r ranch Manager
Planning and Environmental Branch
cc: Mr. John Parker, DCM
District Engineer, COE
Mr. David Henderson, Hydraulics Unit
Mr. Rod Gross, Ferry Division
Mr. Timothy W. Midgett
Mr. Joe Lassiter, Quible and Associates
row
L
J
JUL-20-' 94 WED 08:33

M ?I- - -. a R
T1 1141ttt= Ob
TEL NO:
U-S97 P02
P.O. BOX 250 • HATTERAS, NORTH CAROLINA 27943 [phone]
July 5, 1994
Mr. Doug Huggett
NC DOT
Planning and Environmental Branch
PO BOX 25201
Raleigh, NC 27611
Re: Project 94467 - DOT Hatteras Ferry Terminal
CAMA Permit Application
Dear Mr. Huggett:
TELEFAX [phone]
The purpose of this letter is to respond to the NC Department of
Transportation (DOT) concerning the Major CAMA Permit Application
that the DOT submitted to place rip zap along a portion of the
shoreline at the Hatteras Landing Project. The purpose of the
proposed project is to protect our shoreline from the wave action
created by the arrival and departure of ferries from the Hatteras
Terminal.
Based on correspondence that has been copied to me from agencies
reviewing the permit application, it appears that there is an
attempt underway to modify the proposed project- In my opinion,
the questions concerning the rip rap alignment proposed are a
result of a lack of understanding of the project both in terms of
what is proposed and why it is necessary- The project will not
fill coastal wetlands, but will place rip rap waterward of those
wetlands to project them from the wake created by the ferries and
from turbulence created by the propellers of the ferries as they
turn for departure. The only area proposed for back fill is where
the ferries back up against our shoreline to swing around for the
trip to Ocracoke. In this area, propeller action has eroded to the
upland shoreline an area approximately 200' long by 5o' wide. In
addition, areas of coastal wetlands and their organic mat to the
north and east are being broken off and lost due to this
disturbance. The rip rap alignment as proposed would afford
protection to this shoreline and would allow the property owners
to reclaim and stabilize the shoreline. The project does not
create a net loss of wetlands, but will protect and enhance a
significant fringe of coastal wetlands.
ID:
r
SALES, RENTALS, CONSTRUCTION • OFFICES AT HATTERAS, AVON, RODANTHE
- JUL-22` 94 WED Oe : 34 ID: TEL NO: 14397 P03
- 2 -
We are currently working with the firm of Quible and Associates,
P.C. on this project. They have a detailed set of plats for the
property which I believe would be useful to the agencies in
understanding the issues that have?led to this permit application
being submitted by the DOT. I have authorized them to provide any
information that you may need in resolving this matter. They are
also available to meet with the agencies on-site to clarify any
questions that they may have concerning the project.
Thank you for your attention to this matter. I would like to be
involved in any negotiations that take place concerning the
modification of the proposed project. If you have questions or
need additional information, you can contact me at [phone]
or call Joe Lassiter at Quible and Associates at [phone].
Sincerely,
C;i
?hy W. Midgett
TWM:jah
cc: John Parker, DCM
John Dorney, DM
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
14Y 5 i9G!i
. The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that NC DOT/Paley-
Midgett of Dare County, filed an application on May 5, 1994, for a permit from the Division
of Coastal Management to develop in an Area of Environmental Concern and for certification
from the Division of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards.
According to said application NC DOT/Paley-Midgett proposes to construct 480 feet
stone rip rap bulkhead and backfill along the northeastern shoreline of the Hatteras Ferry
Terminal basin.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Peter B. Colwell, Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before June 9, 1994. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
June 4, 1994 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
May 30, 1994 for consideration in the water quality certification decision. Later comments
on the CAMA application will be accepted and considered up to the time of permit decision.
Project modifications may occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter will be provided upon request.
PUBLISHED ON: SUNDAY, MAY 15, 1994

f IrD o? E, a
tAS
V
TELEFAX [phone]
July 5, 1994
71994
Mr. Doug Huggett W! TLAi c; -°`
NC DOT WATER iJ?+?lTY SQL';;
Planning and Environmental Branch
PO Box 25201
Raleigh, NC 27611
Re: Project 94467 - DOT Hatteras Ferry Terminal
CAMA Permit Application
Dear Mr. Huggett:
The purpose of this letter is to respond to the NC Department of
Transportation (DOT) concerning the Major CAMA Permit Application
that the DOT submitted to place rip rap along a portion of the
shoreline at the Hatteras Landing Project. The purpose of the
proposed project is to protect our shoreline from the wave action
created by the arrival and departure of ferries from the Hatteras
Terminal.
Based on correspondence that has been copied to me from agencies
reviewing the permit application, it appears that there is an
attempt underway to modify the proposed project. In my opinion,
the questions concerning the rip rap alignment proposed are a
result of a lack of understanding of the project both in terms of
what is proposed and why it is necessary. The project will not
fill coastal wetlands, but will place rip rap waterward of those
wetlands to project them from the wake created by the ferries and
from turbulence created by the propellers of the ferries as they
turn for departure. The only area proposed for back fill is where
the ferries back up against our shoreline to swing around for the
trip to Ocracoke. In this area, propeller action has eroded to the
upland shoreline an area approximately 200' long by 5o' wide. In
addition, areas of coastal wetlands and their organic mat to the
north and east are being broken off and lost due to this
disturbance. The rip rap alignment as proposed would afford
protection to this shoreline and would allow the property owners
to reclaim and stabilize the shoreline. The project does not
create a net loss of wetlands, but will protect and enhance a
significant fringe of coastal wetlands.
P.O. BOX 250 • HATTERAS, NORTH CAROLINA 27943 [phone]
MLS SALES, RENTALS, CONSTRUCTION • OFFICES AT HATTERAS, AVON, RODANTHE

- 2 -
We are currently working with the firm of Quible and Associates,
P.C. on this project. They have a detailed set of plats for the
property which I believe would be useful to the agencies in
understanding the issues that have led to this permit application
being submitted by the DOT. I have authorized them to provide any
information that you may need in resolving this matter. They are
also available to meet with the agencies on-site to clarify any
questions that they may have concerning the project.
Thank you for your attention to this matter. I would like to be
involved in any negotiations that take place concerning the
modification of the proposed project. If you have questions or
need additional information, you can contact me at [phone]
or call Joe Lassiter at Quible and Associates at [phone].
Sincerely,
C;?o>thy W. Midgett
TWM:jah
cc: John Parker, DCM
John Dorney, DEM
I
1
To: John Dorney
Planning Branch
WL MrA WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORB:
MITIGATION: KITIGATION TYPE:
MITIGATION SIZE: _ SgEET_,ATTAC®?
RECD MMATION;' .40Rx ISSUE/ CONS DENY BOLD
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED:
PRQJECT DESCRIPTION: %
WETLAND INFORMATION FOR CENTRAL
PERMIT W.- OFFICE TRACI;IING
92
PROJECT NAMB:/fdaa7''?'??r ? 110.: COUNTY: 4ax-lp
PROJECT TYPES: ri4p-4 PERMIT TYPE: g
COE #: - DOT 0:
RCD FROM CDA:(5R?> REG OFFICE: WaRO DATE FROM CDA: c?
STREAM OR JACENT WATER BODY: SUB #? rQs J S?
=PENS : STREAM INDEX 30 -- 2-2
_
C ID
1-
THO
REVIEWER: SAWYER WQ SUPERVISOR:
ELATE:
DMSION OF ENVIRONMENTAL MANAGIMENp
CAMA/COE PERMIT APPLICATION RE14M
WaRO PR0,1ECT 5'x-o ?-%e -e--
MARDNA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? N N
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
_WATER QUALIFY CERT. (Am
CERT. REQ'D:
IF YES, TYPE: SL •
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: ^) /4-
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM. DRS, COUNTY)
IF BY DEM. IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FIU i
AREA OF FILL: WATER : 1 S S S? WETLAND: -0
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: --p -
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
CC: WaRO; Central Files; DCM Field Offices; ODE Washington office

i
MOMMENDED CONDITIONS OR PBRKIT RESTRICTIONS:
41?
?,?9a

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC DOT/Paley - Midgett
2. LOCATION OF PROJECT SITE: Off NC 12 on the northeast shoreline of the Hatteras Ferry
Terminal, Hatteras, Dare County
Photo Index - 1989: 198-4, 1-8 1984: 146-374, G-10
State Plane Coordinates - X: 2984700 Y: 547000
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 27, 1994 May 5, 1994
Was Applicant Present - Yes No
5. PROCESSING PROCEDURE: Application Received - May 5, 1994
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, CW, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Hatteras Landing Subdivision will install septic
systems in the future
(F) Type of Structures: Existing - None
Planned - 480 feet of rip rap with backfill
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Water Habitat 15,850 square feet
(D) Total Area Disturbed: 15,850 square feet (.36 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Construct 480 feet stone rip rap bulkhead and backfill along the
northeastern shoreline of the Hatteras Ferry Terminal basin.
1
Bio Report
NC DOT/Paley-Midgett
Page Two
Site Description
The N.C. Department of Transportation currently operates a ferry service out of the large
boat basin at the southwestern end of Hatteras Island in Dare County. Ferry service from
Hatteras to Ocracoke Island runs every 30 minutes during the summer tourist season. The
Paley-Midgett property forms the northeastern shoreline of the ferry terminal turning basin. In
1990 CAMA Major Development Permit #132-90 was issued to the Paley-Midgett Partnership
for the development of a 59 lot subdivision and 38 slip marina (Hatteras Landing) on the 36 acre
tract.
Based on the enclosed Hatteras Landing, P.U.D. plat dated January 5, 1994, the Paley-
Midgett property has lost up to 70 feet of shoreline to erosion since 1984 and 20 to 30 feet since
1990. The greatest erosion is focused on the western shoreline of the property which faces the
ferry channel and Pamlico Sound. Aerial photography from 1979 and 1984 indicate that most
of this shoreline had a fringe of coastal wetlands from the mouth of Austin Creek around the
point and along Pamlico Sound. The mouth of Austin Creek has narrowed since 1979 with a
plug of sand and coastal marsh extending southeast across it.
Erosion has reduced much of the original marsh fringe so that the current shoreline
consists of marsh, unvegetated sandy beach, and a highground erosion scarp. The mouth and
interior areas of Austin Creek are vegetated heavily with coastal marsh dominated by saltmarsh
cordgrass (S artina alterniflora). Continuing northwest around the shoreline the saltmarsh
cordgrass gives way to a sandy beach with saltmeadow hay (Spartina paten s) and sea oxeye
Borrichia frutescens) behind it. Another area of saltmarsh cordgrass (approximately 6 feet x
40 feet) is located between the sandy beach and the eroding uplands. The next 60 feet of
shoreline consists of the only eroding upland along the property. This area consists of a red
cedar Juni erous virginiana) and yaupon (Ilex vomitoria) thicket with a 2 to 3 foot erosion scarp
at the shoreline. The shoreline northwest of the shrub thicket consists of unvegetated sand and
marsh substrate with saltmeadow hay behind it. A thinly vegetated cordgrass marsh 10 to 30
feet wide continues for about 220 feet around the point and along Pamlico Sound. An area of
black needlerush Juncus roemarianus) (approximately 60 feet in diameter) is located in a low
area just inland of the cordgrass and saltmeadow hay marsh. Continuing along Pamlico Sound
the cordgrass thins out in an 100 foot wide scalloped area and then picks back tip on the next
small point. Saltmeadow hay again dominates the higher wetland areas along Pamlico Sound.
Project Proposal
Since some of the erosion problem along the Paley-Midgett property may be attributed
to the ferry operations in the boat basin, the N.C. Department of Transportation is proposing
to construct a shoreline stabilization structure. The stone rip rap structure will extend 480 feet
along the shoreline starting near Austin Creek and ending around the point along Pamlico Sound.
The stone rip rap will be placed at the approximate limit of the 1990 shoreline which will put
NC DOT/Paley-Midgett
Bio Report
Page Three
the waterward side of the structure as far as 20 to 30 feet offshore. The stone structure will be
constructed with a 3:1 front slope, a 2:1 back slope, and a 3 foot flat cap giving it an average
width of 20 feet. Earthen backfill (265 cubic yards) will be placed behind the rip rap structure
in an effort to reclaim the lost property. According to the applicant the backfill will be placed
from the top of the rip rap (about 1 foot above mean high tide) back to the erosion scarp filling
an additional area 20 to 25 feet wide. Construction equipment will include a dragline with
clamshell, backhoe, bulldozer, and dump trucks. Temporary construction mats will be used to
cross wetland areas.
Anticipated Impacts
The stone rip rap will fill approximately 9,600 square feet of shallow water bottom
habitat and the backfill will fill another 6,250 square feet of shallow water and/or marsh.
According to the applicant's letter dated April 29, 1994 no fill will be placed in vegetated
wetland areas. If the rip rap and fill are placed along the 1990 shoreline in the dimensions
shown on the plats, some areas of coastal wetlands will be filled. If permitted, the alignment
and placement of fill will have to be strictly monitored to avoid wetland impacts. The exact
purpose of the backfill is not clear.
The project should not interfere with navigation and should create only short term,
localized turbidity during construction. Construction mats will be utilized to minimize
equipment impacts to the wetland areas.
CAMA Review
The project is located in an area identified as conservation in the Dare County. Land Use
Plan. A full consistency review by Steve Gabriel will follow.
Submitted by: Peter B. Colwell
Date: May 10, 1994
Please type or print. Carefully descrilbelp?r(,F.
all anticipated development activities,-
including construction, excavation, '?- f you plan to build a marina, also
filling, paving, land clearing, and storm- N111? complete and attach Form DCM-MP-2.
water control. If the requested information x,
is not relevant to your project, write .'Is the proposed activity maintenance of an
N/A (not applicable). Items 1-4 and B-9 existing project, new work, or both?
must be completed for all projects. New work
1 APPL = CANT
a. Name NC Dept. of Transportation
ATTN: Mr. B. J. O'Quinn
Address P. O. Box 25201
City Raleigh State NC
zip 27611 Day Phone [phone]
Landowner or X Authorized agent
b. Project name (if any) Shoreline protection
of Tim Midgett Property
c. If the applicant is not the landowner,
also give the owner's name and address.
Tim Midqett
P. O. Box 250
Hatteras. NC 27943
2 LOCAT =ON OF'
PROPOSED PROJECT
a. Street address or secondary road number
NC 12
b. City, town, community, or landmark
Hatteras
c. County Dare
d. Is proposed work within city limits or
planning jurisdiction? Yes.
e. Name of body of water nearest project
Pamlico Sound, Hatteras Inlet
3 DE S CR = PT = ON AND
PLANNED USE CW
PROPOSED PROJECT
a. Describe all development activities you
propose (for example, building a home, .
motel, marina, bulkhead, or pier).
Shoreline reclamation & stabilization
c. Will the project be for community, private
or commercial use?
Private, commercial
d. Describe the planned use of the project.
To restore shoreline to approximate 1990
location and stabilize area against
future erosion.
4 LAND AND WATER
Cf3ARACTER = S T = C S
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+/- 4.0 feet
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Various species of
native grasses and shrubs
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan
Classification of the site (Consult the
local land use plan.)
_ Conservation Transitional
Developed x Community
Rural other
h. How is the tract zoned by local government?
None
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey
been carried out for the tract? No If so,
by whom?
3/91
?
5 UPLAND DEVELOPMENT F -``
Complete this section if the project includes
and land development.
1
$tormwater runoff
a. Type and number of building, facilities, ?.Asm
or structures proposed N/A 011'm. Water supply source N
b. Number of lots or parcels N/A
c. Density (Give the number of residential
units and the units per acre.) N/A
n. If the project is oceanfront development,
describe the steps that will be taken to
maintain established public beach access-
ways or provide new access.
N/A
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more
than one acre of land, the Division of
Land Resources must receive an erosion and
sedimentation control plan at least 30 days
before land disturbing activity begins. If
applicable, has a sedimentation and erosion
control plan been submitted to the Division
of Land Resources? N/A
o. If the project is on the oceanfront, what
will be the elevation above mean sea level
of the first habitable floor? N/A
6 EX?',.AVATION AND FILL
=NF'OI2MAT ION
a. Describe below the purpose of proposed
excavation or fill activities (excluding
bulkheads, which are covered in Section 7).
f. Give the percentage of the tract within 75
feet of mean high water to be covered by
impermeable surfaces, such as pavement, Access channel
buildings, rooftops. (MLW) or (NWL)
N/A
Boat basin
g. List the materials, such as mari, paver
stone, asphalt, or concrete, to be used
for paved surfaces.
N/A
Other (break-
water, pier,
boat ramp,
rock jetty)
Length Width Depth
Avg
480' 20'
h. If applicable, has a stormwater management Fill placed in.
plan been submitted to the Division of wetland or below
Environmental Management? N/A MHW
i. Describe proposed sewage disposal and/or Upland fill
waste water treatment facilities. areas
N/A
j. Have these facilities received state or
local approval? N/A
k. Describe existing treatment facilities.
N/A
b. Amount of material to be excavated from below
water level in cubic yards None
c. Type of material N/A
d. Does the area to be excavated include
marshland, swamps, or other wetlands?
N/A
1. Describe location and type of discharges to e. High ground excavation, in cubic yards
waters of the state (for example, surface N/A
runoff, sanitary wastewater, industrial/
commercial effluent, "wash down").
f. Dimensions of spoil disposal areal
N/A
R c. Shoreline erosion during preceding 12 months,
in feet +/-3 feet
g. Location of spoil disposal area N/A
.?
d. Tripe of bulkhead material N/A

h. Do you claim title to the disposal arba?
N/A If no, attach a
letter granting permission from the owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marsh-
land, swamps, or water areas?
N/A
k. Will the fill material be placed below mean
high water? Yes
1. Amount of fill in cubic yards 875 c.y.
m. Type of fill material Stone rip rap and
earth borrow
n. Source of fill material Quarry & local
borrow pit
o. Will fill material be placed on marsh or
other wetlands? Within waters only
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept
on site and erosion controlled?
Stone shoreline protection will be
installed initially creating barrier for
earth backfill
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Dragline with clamshell
.backhoe, bulldozer, and dump truck
s. Will wetlands be crossed in transporting
equipment to project site? Yes If yes,
explain steps that will be taken to
lessen environmental impacts.
Construction mats to be removed following
construction.
7 SHOREL =NE
STAB =L = 2,AT 2ON
a. Length of bulkhead or riprap +/- 480'
b. Average distance waterward of mean high
water or normal water level 20'
Amount of fill, in cubic yards, to be placed
below mean high water 655 c.y.
f. Type of fill material Stone riprap and
earth backfill
8 ADD = T = ONAL = NFORMAT = ON
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 property. 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 work plat (including plan view and
cross sectional drawings) drawn to scale in
black ink on an 8 1/2 x 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 18 high 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
county road (SR) numbers, landmarks, and the
like.
A stormwater management plan, if applicable,
that may have been developed in consultation
with the Division of Environmental Management.
A list of the names and complete addresses of
The adjacent waterfront (riparian) landowners.
These individuals have 30 days in which to submi
comments on the proposed project to the Divisior
of Coastal Management and should be advised by
the applicant of that opportunity.
Name Tim Midgett _
Address P. O. Box 250 `3
Hatteras, NC 27943
Name U. S. Coast Guard
Address Hatteras. NC 27943
Name
Address
A list of previous state or federal permits
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
None
A check for $250 made payable to the
Department of Environment, Health and Natural
Resources to cover the costs of processing
the application.
A signed AEC hazard notice for projects in
oceanfront and inlet areas.
A statement on the use of public funds. If
project involves the expenditure of public
funds, attach a statement documenting
compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to
CERT = F 2 CAT I ON AND
PERM Z S S =ON TO
ENTER ON LAND
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 further certify that I am authorized to grant,
and do in fact, grant permission to represent-
atives 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
project.
This is the day of !Ll L 19 /
10) . ? :'
the ! I
rc- c7+
r?
it
I?PP/oxlma
1990 Shere %n0c_
B
#s?
?i = f? A

E„i? ExGS r...;6
B v1KHEAA l
zsd,,7z'
S-64°¢o-w
Ncoo-f
T,',r, M,,/g z. #-
-?, . d'ox .'"D
N• c
,27?43'
(
Eas¢r»Qn? c, ?h
Fr i? ri A16
4 x to f-"
ty .,, ?, 'C. Lw 1I. C (a ..c PILE C,..P
lp. 4,
y ? if 5 ?Q.
So D,
ZS' Zo. l?0, /co
e, a 4L,
N.C.D.0.T.
DIVISION OF HIGHWAYS
DARE CO.
PROPOSED SHORELINE
PROTECTION 01: I'M MIDGETT
PROPERTY ADJ:.CENT TO
HATTERAS FER BAS 11\1
SHEET Z OF 4
FEB. 1994
l
1
?' W A U 6,,,,6 6 aw I
0 1 0 ? ?
c,
h, t I
13
IU ? ?
II ~ ?t)
IN N,
_w
t
`O
1 ?t Q -
V
W ? J
v? j Y `^r fQ t V
'gyp w ?? (!r o I 10
Ia
J ? J
°I o o 'o o cE
F . C.D.O. T.
IVISION OF IIIGIIWAYS
ARE CO.
PROPOSED SIIORELINE
PROTEt'TION ON TIM MIDGETT
PROPERTY ADJACENT TO
IIATTERAS FERRY BASIN
SHEET 3 OF 4
FEB. f-9-94

n 1'
M.N.-f EL. 1.1 ?3.o
lw-

WASHINGTON-/:-J. .
rn , I.e1. T Y
„ D A R E
2 R E _ L
1 I r a..l
N fnnne '
I I r....oo L_L - ? - - - C.r• .w ? - - Sr
]I 9
Allie•le+ 1 ; J-fin. e? 1
L.7+ r
t ' Ki M..rv.) fie. ` `? ?, )4.d vt+e
} w 97 IS tt 1 j ?s` G E i51 ? yy •.....f
r,nleJ? - `^ t. a J._, n 47 s«-.
f , tfK,..... H ,,,e,'•' Y
,? 1 RNA,e.w J Here.....,.... i111 Inl,rn,rd \7 A
IT W fl, eAnl4 i I ? ?
?..? 261 .) N «,r . c1>.
-f $I, If,tille 11 Nr. Ndl,ne ? ^ \ J
a
TrR \ y i ? sue. Ou.rl?r G..1 Ind w,.«r? n.. \ '1
A-
rs.-+Ke Be.d• ? Rnf; Bev ' J l ?l ? 1 1
S-OVA "ll
HOW
\ \ ( ..,
nlte e
'finer) ')'()IMe.were L.,n / ' - \ \'\ •J.a`•r JeiJI
V
R SITE
Rift 1'f)vrlenfnll(' / ,' p `
SS 1 / tvno-,M poe<et. InlrV _
IcIll-
Orient ? ? Bev // ?
Wd Bev j I
SUl(o, ,Is 0l.->Ecuks, rfot I)--'S
C-1 4, 1, 1-d 0 $ .10 20 39
.18
.d `
`J
SANDY
BAY
rr
PFoi EST S I TE f
H Y ? t
c 0 u ri r r
tX3 pnlT sure ,woo -o eMS \
IMdI r'C +-sYSrw .oloi
,ps s+.Ows. o+ r.O.+Jn C4 n?AL : . `
lo? ISO, X? !.t"6
sc..s e
1 q 1 1 ) , ..ari
MAY
IIIrM+?
N.C.D.0.T.
DIVISION OF HIGHWAYS
DARE CO.
PROPOSED SHORELINE
PROTECTION ON TIM MIDGET'
PROPERTY ADJACENT TO
HATTERAS FERRY BASIN
SHEET / OF
FEB. 1994

v?
I
Q
0
Ooh, ?
S
J
F

O

Z CO
Oo

O

r
m0

=m
D
O
O

J ?O U

A

p ,? - `O ?...F F F C
F? O
?wr ' F F ??J
?? V 1 K F ?\ ,Tp
( ? t?Fr//i111JJJ "' ??? O K F K K ( K ? O ; K
0 (C)
U1n M F F F ?`
tZI
(F-y F F F \ F F F F rm- 0 F
C7 i-?/ ?- ?? r TJ F F
• F F I
C' F 1 ,t K/ o co
?Sy ?tiy I K F I' F C (fl
i ,F.i F K / r O i O
r(< FT I
f,r K K F K K -F- F C? 1
r (n
m
o
a0 cn
v
0
2
?1 DD
.V
i F c F
I ?
I i F ? F
K n K n r F F, /
F n F F F ( (?
,c
cc F F F F F'
l ' c
it F M1 F F F F (_-\_.
F F M1 F F F -?_ c>>
' F ' F F F F F F', ,? F
F `J1
n n F F F / , C__ /
' F
K n F F n' ,
I ( ? K
I r n n K F ?,
n K F F F' _ ?
F K K F ?, 1 M1 F \
rF? ? F F r- F \!I.
_, t F F F F_ _
10
OW)I yW-4 a ,?
M Ld

?h h
9
State of North Carolina
Department of Environment, NFRAA, wA'
Health and Natural Resources ??.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E 011 pq
A. Preston Howard, Jr., P.E., Director
June 22, 1994
Mr. Barney O'Quinn FILE Uh,
NC DOT
Planning and Environmental Branch
P.O. Box 25201
Raleigh, N.C. 27611
Project # 94467
Dear Mr. O'Quinn
The Division of Environmental Management, Water Quality Section has reviewed your plans for
wetland fill for 0.36 acres of wetlands at northeastern shoreline of Hatteras Ferry Terminal basin in Dare County
for shoreline stabilization. Based on this review, we have identified significant uses which would be removed by
this project. This use is the aquatic life use of these waters. Furthermore, insufficient evidence is present in our
files to conclude that your project must be built as planned in wetlands. Therefore, we are moving toward denial
of your 401 Certification, Until we receive additional information, we are requesting (by copy of this letter) that
the N.C. Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be constructed as
planned and that you have no practicable alternative to fill of these wetlands. Specifically can you construct
your bulkhead approximately along the present shoreline to minimize fill of these waters? Any documentation
such as maps and narrative which you can supply to address upland alternatives may be helpful in our review of
your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this
information to me and one copy to our Ms. Deborah Sawyer at the Washington Regional Office at 1424 Carolina
Ave., Washington, N.C. 27889.
Sincerely,
Jo n R. Dorney
M
Wetlands and Technic Review Group
94467.1tr
cc: Washington DEM Regional Office
John Parker, Division of Coastal Management
Wilmington Office Corps of Engineers
Central Files
Tim Midgett
Joe Lassiter; Quible and Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
IMPORTANT
To ?M ID
Date ! lD Time
WHILE YOU WERE OUT
M ??t Cy
of
Phone
AREA CODE NUMSE EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message 5EFDtiEL1A< SL-/ ?4"U%-j
NAAS-- Ga il,*, "tS
f/yC: - i
L?t:?L L
Signed J II
N.C. Dept. of Environment, Health, and Natural Resources
7rrti? Printed an Recycled Paper

j a-? 1 L fi ?tls ? l 5 JU CA/-' 7?YL_ (Z ?f fl O-C"{
s G??n1 ?c/? Z a.-

l
?,c, 'I- C --
7-'-- Gcrr`sSiYC cdcC- bL,/ 13 it s /\j of
?,K-( cp?-,A&1;
J7

cl-

7 _ _ ?-t? c-q?i-?,v?s lam= i? ? `(??'„?_ LS _._??v_,??g ??_ -(-02_ -- _? ? ?v _s?-h?/?2!,??c?__ _

AR-sv?__
Q!ZL7.`?`}
....f b... , _...__ _ ..v., __.
??
??
i?
i
._. _.., ._ _._?__ ?, n__
.. _. .? ....,_ _?_? _. __ r?.., .? f.
i?
_...._._w__?o_.?.?_.,. _W._...?.?..._ _ ....a..:_ _._.,_ .__?._._ _? i
li
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS, 113A-119(b) and 143-215 3(a)(1)(c) that NC DOT/Paley
Midgett of D? County, filed an application on May 5, 1994, for a permit from the Division
of Coastal Management to develop in an Area of Environmental Concern and for certification
from the Division of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards.
-- -- --
According to said application C OT/Paley-Midgett pro, oses to construct 480 feet
stone rip rap bulkhead and backfill along northeaster-n--~shbreline of the Hatteras Ferry
Terminal basin.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Peter B. Colwell, Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before June 9, 1994. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
June 4, 1994 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
May 30, 1994 for consideration in the water quality certification decision. Later comments
on the CAMA application will be accepted and considered tip to the time of permit decision.
Project modifications may occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter will be provided upon request.
PUBLISHED ON: SUNDAY, MAY 15, 1994
..... _..._.-__._.
MAY 1 61994

,A, - ? r - ? DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC DOT/Paley - Midgett
2. LOCATION OF PROJECT SITE: Off NC 12 on the northeast shoreline of the Hatteras Ferry
Terminal, Hatteras, Dare County
Photo Index - 1989: 198-4, 1-8 1984: 146-374, 6-10
State Plane Coordinates - X: 2984700 Y: 547000
3.
4.
5.
6.
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 27, 1994 May 5, 1994
Was Applicant Present - Yes No
(F) Type of Structures: Existing - None
Planned - 480 feet of rip rap with backfill
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
PROCESSING PROCEDURE: Application Received - May 5, 1994
Office - Elizabeth City
SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County MAY 2 0 1994
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, CW, PT, EW -
R
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Hatteras Landing Subdivision will install septic
systems in the future
7. HABITAT DESCRIPTION:
[AREA]

FILLED OTHER
(A) Vegetated Wetlands
(C) Other
Shallow Water Habitat 15,850 square feet
(B) Non-Vegetated Wetlands
(D) Total Area Disturbed: 15,850 square feet (.36 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Construct 480 feet stone rip rap bulkhead and backfill along the
northeastern shoreline of the Hatteras Ferry Terminal basin.
Bio Report
NC DOT/Paley-Midgett
Page Two
Site Description
The N.C. Department of Transportation currently operates a ferry service out of the large
boat basin at the southwestern end of Hatteras Island in Dare County. Ferry service from
Hatteras to Ocracoke Island runs every 30 minutes during the summer tourist season. The
Paley-Midgett property forms the northeastern shoreline of the ferry terminal turning basin. In
1990 CAMA Major Development Permit #132-90 was issued to the Paley-Midgett Partnership
for the development of a 59 lot subdivision and 38 slip marina (Hatteras Landing) on the 36 acre
tract.
Based on the enclosed Hatteras Landing, P.U.D. plat dated January 5, 1994, the Paley-
Midgett property has lost up to 70 feet of shoreline to erosion since 1984 and 20 to 30 feet since
1990. The greatest erosion is focused on the western shoreline of the property which faces the
ferry channel and Pamlico Sound. Aerial photography from 1979 and 1984 indicate that most
of this shoreline had a fringe of coastal wetlands from the mouth of Austin Creek around the
point and along Pamlico Sound. The mouth of Austin Creek has narrowed since 1979 with a
plug of sand and coastal marsh extending southeast across it.
Erosion has reduced much of the original marsh fringe so that the current shoreline
consists of marsh, unvegetated sandy beach, and a highground erosion scarp. The mouth and
interior areas of Austin Creek are vegetated heavily with coastal marsh dominated by saltmarsh
cordgrass S artina alterniflora). Continuing northwest around the shoreline the saltmarsh
cordgrass gives way to a sandy beach with saltmeadow hay (SSpartina patens ) and sea oxeye
(Borrichia frutescens) behind it. Another area of saltmarsh cordgrass (approximately 6 feet x
40 feet) is located between the sandy beach and the eroding uplands. The next 60 feet of
shoreline consists of the only eroding upland along the property. This area consists of a red
cedar (Juniperous vir ing iana) and yaupon I(_lex vomitoria) thicket with a 2 to 3 foot erosion scarp
at the shoreline. The shoreline northwest of the shrub thicket consists of unvegetated sand and
marsh substrate with saltmeadow hay behind it. A thinly vegetated cordgrass marsh 10 to 30
feet wide continues for about 220 feet around the point and along Pamlico Sound. An area of
black needlerush Juncus roemarianus) (approximately 60 feet in diameter) is located in a low
area just inland of the cordgrass and saltmeadow hay marsh. Continuing along Pamlico Sound
the cordgrass thins out in an 100 foot wide scalloped area and then picks back up on the next
small point. Saltmeadow hay again dominates the higher wetland areas along Parnlico Sound.
Project Proposal
Since some of the erosion problem along the Paley-Midgett property may be attributed
to the ferry operations in the boat basin, the N.C. Department of Transportation is proposing
to construct a shoreline stabilization structure. The stone rip rap structure will extend 480 feet
along the shoreline starting near Austin Creek and ending around the point along Pamlico Sound.
The stone rip rap will be placed at the approximate limit of the 1990 shoreline which will put
NC DOT/Paley-Midgett
Bio Report
Page Three
the waterward side of the structure as far as 20 to 30 feet offshore. The stone structure will be
constructed with a 3:1 front slope, a 2:1 back slope, and a 3 foot flat cap giving it an average
width of 20 feet. Earthen backfill (265 cubic yards) will be placed behind the rip. rap structure
in an effort to reclaim the lost property. According to the applicant the backfill will be placed
from the top of the rip rap (about 1 foot above mean high tide) back to the erosion scarp filling
an additional area 20 to 25 feet wide. Construction equipment will include a dragline with
clamshell, backhoe, bulldozer, and dump trucks. Temporary construction mats will be used to
cross wetland areas.
Anticipated Impacts
The stone rip rap will fill approximately 9,600 square feet of shallow water bottom
habitat and the backfill will fill another,6,250 square feet of shallow water and/or marsh.
According to the applicant's letter dated April 29, 1994 no fill will be placed in vegetated
wetland areas. If the rip rap and fill are placed along the 1990 shoreline in the dimensions
shown on the plats, some areas of coastal wetlands will be filled. If permitted, the alignment
and placement of fill will have to be strictly monitored to avoid wetland impacts. The exact
purpose of the backfill is not clear.
The project should not interfere with navigation and should create only short term,
localized turbidity during construction. Construction mats will be utilized to minimize
equipment impacts to the wetland areas.
CAMA Review
The project is located in an area identified as conservation in the Dare County Land Use
Plan. A full consistency review by Steve Gabriel will follow.
Submitted by: Peter B. Colwell
Date: May 10, 1994
Please type or print. Carefully descr,lbep:c,?!5---
all anticipated development activities,-.
including construction, excavation, 'I f you plan to build a marina, also
filling, paving, land clearing, and storm- V\1 complete and attach Form DCM-MP-2.
water control. If the requested information
is not relevant to your project, write .'"Is the proposed activity maintenance of an
N/A (not applicable). Items 1-4 and 8-9 existing project, new work, or both?
must be completed for all projects. New work
1 APPS.=CANT
a. Name NC Dept. of Transportation
ATTN: Mr. B. J. O'Quinn
Address P. O. Box 25201
City Raleigh State NC
Zip 27611 Day Phone [phone]
Landowner or X Authorized agent
b. Project name (if any) Shoreline protection
of Tim Midgett Property
c. If the applicant is not the landowner,
also give the owner's name and address.
Tim Midgett
P. 0. Box 250
Hatteras. NC 27943
2 LOC_.ATSON C F
PROPOSED PROSE CT
a. Street address or secondary road number
NC 12
b. City, town, community, or landmark
Hatteras
c. County Dare
d. Is proposed work within city limits or
planning jurisdiction? Yes
e. Name of body of water nearest project
Pamlico Sound, Hatteras Inlet
3 DE S CR 2 PT ION AND
PLANNED USE OF
PROPOSED PROSECT
a. Describe all development activities you
propose (for example, building a home,
motel, marina, bulkhead,.or pier).
Shoreline reclamation & stabilization
c. Will the project be for community, private
or commercial use?
Private, commercial
d. Describe the planned use of the project.
To restore shoreline to approximate 1990
location and stabilize area against
future erosion.
4 LAND AND WATER
CHARACTER = ST 2 C S
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+/- 4.0 feet
d. Soil type(s) and texture(s) of tract
Sand
e. Vegetation on tract Various species of
native grasses and shrubs
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan
Classification of the site (Consult the
local land use plan.)
_ Conservation Transitional
Developed x Community
Rural other
h. How is the tract zoned by local government?
None
i. How are adjacent waters classified?
j. Has a professional archaeological survey
been carried out for the tract? No If so,
by whom?
3/91
aeri>
5 UPLAND DEVELOPMENT Fl`
Complete this section if the project includes
and land development. tr?

Stormwater runoff
a. Type and number of building, facilities, ,;:4y
or structures proposed N/A Water supply source N/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential
units and the units per acre.) N/A
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more
than one acre of land, the Division of
Land Resources must receive an erosion and
sedimentation control plan at least 30 days
before land disturbing activity begins. If
applicable, has a sedimentation and erosion
control plan been submitted to the Division
of Land Resources? N/A
f. Give the percentage of the tract within 75
feet of mean high water to be covered by
impermeable surfaces, such as pavement, Access channel
buildings, rooftops. (MLW) or (NWL)
N/A
Boat basin
g. List the materials, such as mari, paver
stone, asphalt, or concrete, to be used
for paved surfaces.
N/A
n. If the project is oceanfront development,
describe the steps that will be taken to
maintain established public beach access-
ways or provide new access.
o. If the project is on the oceanfront, what
will be the elevation above mean sea level
of the first habitable floor? N/A
6 EX?-AVAT=ON AND FILL
=NFORMAT = ON
a. Describe below the purpose of proposed
excavation or fill activities (excluding
bulkheads, which are covered in Section 7).
Other (break-
water, pier,
boat ramp,
rock jetty)
h. If applicable, has a stormwater management Fill placed in
plan been submitted to the Division of wetland or below
Environmental Management? N/A MHW
i. Describe proposed sewage disposal and/or Upland fill
waste water treatment facilities. areas
N/A
j. Have these facilities received state or
local approval? _N/A
k. Describe existing treatment facilities.
N/A
Length Width Depth
Avg.
480' 20'
b. Amount of material to be excavated from below
water level in cubic yards None
c. Type of material N/A
d. Does the area to be excavated include
marshland, swamps, or other wetlands?
N/A
1. Describe location and type of discharges to e. High ground excavation, in cubic yards
waters of the state (for example, surface N/A
runoff, sanitary wastewater, industrial/
commercial effluent, "wash down").
f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months,
N/A in feet +/-3 feet
g. Location of spoil disposal area N/A d. Type of bulkhead material N/A
e.
h. Do you claim title to the disposal area?
N/A If no, attach a
letter granting permission from the owner.
Amount of fill, in cubic yards, to be placed
below mean high water 655 c.y.
f. Type of fill material Stone riprap and
earth backfill
i. Will a disposal area be available for future
maintenance? N/A
If so, where? 8 ADD=TZONAL =NFORMAT=ON
j. Does the disposal area include any marsh-
land, swamps, or water areas?
N/A
k. Will the fill material be placed below mean
high water? Yes
1. Amount of fill in cubic yards 875 c.y.
m. Type of fill material Stone rip rap and
earth borrow
n. Source of fill material Quarry & local
borrow pit
o. Will fill material be placed on marsh or
other wetlands? Within waters only
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept
on site and erosion controlled?
Stone shoreline protection will be
installed initially creating barrier for
earth backfill
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Dragline with clamshell
backhoe, bulldozer, and dump truck
s. Will wetlands be crossed in transporting
equipment to project site? Yes If yes,
explain steps that will be taken to
lessen environmental impacts.
Construction mats to be removed followin
construction.
'7 SHOREL2NE
STAB=L=2.,AT=ON
a. Length of bulkhead or riprap +/- 480'
b. Average distance waterward of mean high
water or normal water level 20'
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 property. 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 work plat (including plan view and
cross sectional drawings) drawn to scale in
black ink on an 8 1/2 x 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 18 high 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
county road (SR) numbers, landmarks, and the
like.
A stormwater management plan, if applicable,
that may have been developed in consultation
with the Division of Environmental Management.
A list of the names and complete addresses of
The adjacent waterfront (riparian) landowners.
These individuals have 30 days in which to submi
comments on the proposed project to the Division
of Coastal Management and should be advised by
the applicant of that opportunity.
Name. Tim Midciett
Address P. O. Box 250
Hatteras, NC 27943
Name U. S. Coast Guard
Address Hatteras, NC 27943
Name
Address
A list of previous state or federal permits
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
None
A check for $250 made payable to the
Department of Environment, Health and Natural
Resources to cover the costs of processing
the application.
A signed AEC hazard notice for projects in
oceanfront and inlet areas.
A statement on the use of public funds. If
project involves the expenditure of public
funds, attach a statement documenting
compliance with the North Carolina
9 CERT=F=C-AT=ON AND
PERM = S S =ON TO
ENTER ON T.AND
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 further certify that I am authorized to grant,
and do in fact, grant permission to represent-
atives 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
project.
11 C?
This is the X
& I day of /Z4
L 19 9
Environmental Policy Act (N.C.G.S. 113A-1 to 10).

OLA! a',
a. WA
the - r.T;f.?l1
lymoulh
I?WASHINGTON /1..•.-....nn - .?.I a sl-.•^-?„? =?.,_ ,_..
II wr._,.• 1 , _ Slv.q 1 71 F? ?E
-7 ?--? - -
Ju 0-
r
.. It
.r.n(.t. H Y D E '14 i ? 1 't •«w.... - 7 ••p°rlnl 7 \^ I.-? Y-r n ?? SJ_.
r t it ? r L n-. _ /.?
I flNw¦..n SS \n l .`
i I t.nd.n, ? n y
w su.e..n. _J
III t.r?. , Sl. d...i ll• l61 . ( M.2r.¦?i
if
Mt.r Hdi.nG I
n se•+..u. ` ; 45 1 s Ouw, G.d hid Imo' ^ `t
H.r. (c If ...VC.
6e« to•.L..e ? \ ,. 0 \ Bunn.. ?,
? IInA.c..n ` \ \ (?. .t
8- R 01
1 LI _"" (br ...c• \ Oo .odd. j °I'~L n? , G
rt;rr
S5{
Ile " War B.v 1 '
Gd¦r 10-d
e Sou to Ri.e. 0°J 0o.a¦ C S - to 70 30 SUt[ OF rill O•! Mr (CtlttT A.P"01 1 S W* -It
toll `
•J
SANDY 11.,'
\ BAY I'-
t,
it
Pp4.J Ec-T s I TE
a
H Y (1 [ ;
c o u
°Q p.yV SlArL .wrt..-ro t M\ S
wer IQrLTTS reI. K}n01
101 5-0- 0- "'0", .C.4 w:u
0- As 01 1,^ !. 1"a
ri T Y
xu t
I 0 t ? T r .+aa

rt ?'..t
009
MO.AAW
N. C. D.O.T.
DIVISION OF HIGHWAYS
DARE CO.
PROPOSED SHORELINE
PROTECTION ON TIM MIDGET'I
PROPERTY ADJACENT TO
HATTERAS PERRY BASIN
SKEET / OF -4
FEB. 1994
VAIf1r 5 1?r>G C -
94-

,d?Prox ima7'? Z--r
1990 Shere, h11'c
b-
E.?n Ex?s r..J6
6 vLKNEAA
,_? V
Tr i, Hl',19. #-
P.D.dax 2S0
N?rtz? 1?, N. c
.27943
} 'l nl?tl

?f
IF l
Cc15¢m2n7'
NCUOT in RzrpaLlm"l'y

.f
?
Fri?TiNQ
+ 7.
y' s
?r
P ,..cHe ?
ni i
5
H.
i ? l
50 o
4.,
Y , i ('e ?c p",_ e, - a
I

o N.C.D.O.T.
DIVISION OF HIGHWAYS
DARE CO.
PROPOS
ED SFiOtELINE

?----...

?_
- ---?
_
_

T_
-

?-
°

- ,.,.
` PROTECTION ()!; TIM
PR
OPERTY ADJ
rENT

z; m ??,---
;
_
? rL
:==
i
•
.
.-
TO

r
' `
?
ii _
. HATTERAS FER".'r BASIN
:°'-.: - ;•, t°
L-.: ? ..;?, -- SHEET Z OF 4
' FEB. 1994

J
.Q

D
N
W A
o
= a
? w
J
`Q

. Q
U
W
Z
0
1-
t?

?,) v o

Q
Q
Q
v\,t Y ? ,\ rQ t ? V

v I ?

',p ? i
til _
r 1
0 1 }-
IJ

t- u
(Ij
V,
r
I

t
`.I
v
N.C.D.O.T.
DIVISION Of.111GIIWAYS
DARE CO.
PROPOSED SHORELINE
PROTECTION ON TIM MIDGETT
PROPERTY ADJACENT TO
IIATTERAS FERRY BASIN
SIIEET 3 OF
FEB. i994

14.-r EL 3-0,
M L .-r. E? . -o. 7-'
n

NOW oft WIN?t yplC
A.??tJ[lC
J J y y yj ,
J J J- ? ? y y J .J
y ? ', J V ? J J
?] y I' // J J J V J
( 1 (J) ? r I f V .J .J y .J J
1) y J
i
? ?I ? y y J y
? l
J .J y J J y
y^ y y 1 J J J J
1 ? ' J ?I J .J .1 J
}? _ ! y y
J,j
w ?w
? z _ . 4 ' .y y y J jL ' /
/ .
yam...; -
O t' 1 O
Z m Jy
rr-
y y /
cr- J y
y D _.?
...__? w .J .V y9? al J .J
p W y ?1 y , y y ,
y
_ co \
'? DO
O y, / y y y y y
mar/
? y y y y? p r ? ?
y J
? n o0 0 0 _oo
-d 18 .8f 1 100' R y7^g X3 -_'
O
F-
O
w?
z
w
a
p w
Q
=a

O
ob
ob U
< Z z
U O

LL-
n I
Q^
r? a
? Y
m
N 2
m
z
O
F.•.,? O
I
/yAU
? W
E-4
??I F"
t?

Q
0
I I
H
U

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, )R DIVISION OF HIGHWAYS
GOVERNOR RO. BOX 25201, RALEIGH, N.C. 27611-5201
July 8, 1994
Division of Environmental Management
N.C. Department of Environment, Health
and Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27611-0535
ATTENTION: Mr. John Dorney
Dear Sir:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Dare County, Proposed Shoreline Protection of Tim
Midgett Property Adjacent to Hatteras Ferry
Basin, Project No. 6.051024.
The purpose of this letter is to respond to your June
22, 1994 correspondence requesting additional information on
the subject project. Enclosed you will find a July 5, 1994
letter from Mr. Timothy W.,Midgett, owner of the property in
question, in which a response is provided to your concerns.
It is hoped that this information will provide your office
with sufficient data to proceed with issuance of the 401
Water Quality Certification for this project. However, if
you require additional information, please feel free to
contact Mr. Doug Huggett at [phone].
Sincerely,
J. 'Quin P.E.
Assis an ranch Manager
Planning and Environmental Branch
cc: Mr. John Parker, DCM
District Engineer, COE
Mr. David Henderson, Hydraulics Unit
Mr. Rod Gross, Ferry Division
Mr. Timothy W. Midgett
Mr. Joe Lassiter, Quible and Associates
Ank
P.O. BOX 250 • HATTERAS, NORTH CAROLINA 27943 [phone]
-A D
July 5, 1994

Mr. Doug Huggett
NC DOT
Planning and Environmental Branch
PO Box 25201
Raleigh, NC 27611
Re: Project 94467 - DOT Hatteras Ferry Terminal
CAMA Permit Application
Dear Mr. Huggett:
TELEFAX [phone]
The purpose of this letter is to respond to the NC Department of
Transportation (DOT) concerning the Major CAMA Permit Application
that the DOT submitted to place rip rap along a portion of the
shoreline at the Hatteras Landing Project. The purpose of the
proposed project is to protect our shoreline from the wave action
created by the arrival and departure of ferries from the Hatteras
Terminal.
Based on correspondence that has been copied to me from agencies
reviewing the permit application, it appears that there is an
attempt underway to modify the proposed project. In my opinion,
the questions concerning the rip rap alignment proposed are a
result of a lack of understanding of the project both in terms of
what is proposed and why it is necessary. The project will not
fill coastal wetlands, but will place rip rap waterward of those
wetlands to project them from the wake created by the ferries and
from turbulence created by the propellers of the ferries as they
turn for departure. The only area proposed for back fill is where
the ferries back up against our shoreline to swing around for the
trip to Ocracoke. In this area, propeller action has eroded to the
upland shoreline an area approximately 200' long by 50' wide. In
addition, areas of coastal wetlands and their organic mat to the
north and east are being broken off and lost due to this
disturbance. The rip rap alignment as proposed would afford
protection to this shoreline and would allow the property owners
to reclaim and stabilize the shoreline. .The project does not
create a net loss of wetlands, but will protect and enhance a
significant fringe of coastal wetlands.
°® MLS SALES, RENTALS, CONSTRUCTION 0 OFFICES AT HATTERAS, AVON, RODANTHE
- 2 -
We are currently working with the firm of Quible and Associates,
P.C. on this project. They have a detailed set of plats for the
property which I believe would be useful to the agencies in
understanding the issues that have led to this permit application
being submitted by the DOT. I have authorized them to provide any
information that you may need in resolving this matter. They are
also available to meet with the agencies on-site to clarify any
questions that they may have concerning the project.
Thank you for your attention to this matter. I would like to be
involved in any negotiations that take place concerning the
modification of the proposed project. If you have questions or
need additional information, you can contact me at [phone]
or call Joe Lassiter at Quible and Associates at [phone].
Sincerely,
C;t
?hy W. Midgett
TWM : j ah
cc: John Parker, DCM
John Dorney, DEM
?Fp - 61994 °-
a? WETLANDS GROUP
wrTCR (ll?b1 ITY SECTION
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT 111
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
September 1, 1994 1L-h C) 5
Division of Coastal Management
N.C. Department of Environment, Health
and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
ATTENTION: Mr. John Parker
Dear Sir:
SUBJECT: Dare County, Proposed Shoreline Protection of Tim
Midgett Property Adjacent to Hatteras Ferry
Basin, Project No. 6.051024.
Please reference the North Carolina Department of
Transportation's April 29, 1994 permit application for the
referenced project. As was originally proposed, the
shoreline was to be restored to its approximate 1990 location
and stabilized against further erosion utilizing stone rip
rap with earthen backfill. The proposed action would have
resulted in the placement of,390 cubic yards of rip rap and
,265 cubic yards of earthen fill below ordinary high water.
During the permit review process for this application,
concerns were raised concerning the amount of fill taking
place below mean high water. Therefore, after coordination
between NCDOT and various environmental agency personnel, the
Department wishes to modify our proposed design to minimize
the amount of open water fill. Specifically, the majority of
the stabilization effort will now be accomplished by rip
rapping the existing shoreline. Earth backfill will be
placed behind the rip rap along a 40' section of the most
highly eroded shoreline (see enclosed Sheet 2 of 4).
The proposed revised design will reduce the amount of
rip rap placed below mean high water from 390 cubic yards to
295 cubic yards. The amount of earth backfill will be
reduced from 265 cubic yards to 30 cubic yards.
The North Carolina Department of Transportation requests
that our original permit application be revised to reflect
G)
the changes detailed in this application. A revised permit
application form and set of drawings (4 sheets) are included
for your information. A copy of the deed for Mr. Midgett's
property has been previously provided.
By copy of this revised application, NCDOT requests the
appropriate 404 permit from the U.S. Army Corps of Engineers.
The N.C. Division of Environmental Management will be
notified of this project during the CAMA public notice
process, although a copy of this revised application is being
provided to NCDEM for informational purposes. If you require
any additional information concerning this application,
please contact Mr. Doug Huggett of NCDOT's Environmental Unit
at [phone].
Sincerely,
B. nn, P.E.
..)' Assistant Branch Manager
Planning and Environmental Branch
cc: Mr. David Griffin, DCM, Elizabeth City
District Engineer, COE
Mr. David Lekson, COE, Washington
Mr. John Dorney, DEM,
Mr. Don Morton, P.E., Highway Design Branch
Mr. A.L. Hankins, P.E., Hydraulics Unit
Mr. John Smith, P.E., Structure Design Unit
Mr. D.R. Conner, P.E., Division 1 Engineer
Mr. G.T. Shearin, P.E.,. Roadway Design Unit
Mr. Jerry Gaskill, Ferry Division
Mr. Rod Gross, Ferry Division

WASHINGTON ;•.= 11
I /f?
i II
''w''w• 1•" T Y R I2 I E
ri l?r•nr
H Y?
-D A F2 E 1
L L
1 ran/
1 \ Lir n. r •,
'SA \7
( c E
1 M•M•..w +5 l•.• ; ? Q
1 .y .w1N. 1 / M.YIIO..w = 1
\, I I
l..r.o. !•.a, Rw..?B.r ., i , 1
C, 0
Hill I
0, . I t........_I
r•r, .r...
niN • Ir J
' OnN 1 ? 1 tin / ' ? `'\ .1\\l' • 1 ?.? )
J r•we?-..• - O^
? r
etawtl...•c?w /?? `?,\ Oo.m:? -r7 ot'rc -? T f?1?E
"ill rAn.or.,el? / O
/>IV,a•.th Oo...•v lnl•+
r..w..ae/ R•n•w C/?
od-t
Wd a
Su[I w M•t.Ll M .or [pJKl Mr•*o s, 1) vwJ1 30
G.6+r b -d C s •l0 70
e
volt SwNR:... 0? Co.t lde
\ -

SANDY
DAY 1 '

H T n c
C p U M T '(
0o O•yT Tf ..rt tM?.t rv9 CN-VS -' \
I M.1 rt+?-sitter w.oa ,I`? ? .
Of %.O_ a
+.'f+ AS 400 Wl •• IP••. ?•
yC•:t

? tr. :r t
P ?y
i- _
wk*=== E?? F! ? .
END A-WfYi?6 Y
ZS(o. 7Z
S 54 -4o µl EYisTiAj
?,. U?GH?1.D ? •
zt o
! = sill s-rar.1E
L C.-C. pmE CAP
•z., fz
=4 7i
N.C.D.O.T.

'aC
=
tc Z7943
WA Y
DIVISION OF HIGH.
DARE CO.
PROPOSED SHORELINE
PROTECTION ON TIM MIGETT
PROPERTY ADJACENT TO
HATTERa,S FERRY BASIN
-- SHEET Z OF 4
AUG. 1994
a

?AA
c
ro
141) _

}h lz ?D 4

Z
4 Z
O Q 40

r
p
ia

O)
I

Q
N

QI QI

?lal

Q

4.4
`0
? ,

?
<
O
>

w
vi
J

`tV
Z .
c Q lQ,
'
L r'
?w
? j
± EL. 3.0
M,N'( Ec, o
M L .?( EL. -0. 7,4
7y-,,o 11 ca Sac?ion
?i 10 iea To
ToP Olj6t? ?' z,
C. I`'II-1T EL -0.7
T
Shonzh/ a, Pno7e?ecT'ion .
?, p Rap
i
Ba.ck?? ?t
ae type or print. Carefully describe
anticipated development activities,
iding construction, excavation,
ing, paving, land clearing, and storm-
r control. If the requested information
Dt relevant to your project, write
(not applicable). Items 1-4 and 8-9
be completed for all projects.
APPL = CANT
ame NC Dept. of Transportation
ATTN: Mr. B. J. O'Quinn
3dress P. 0. Box 25201
ity Raleigh State NC
ip 27611 Day Phone [phone]
Landowner or X Authorized agent
roject name (if any) Shoreline protect-
tion of Tim Midgett property (revised)
E the applicant is not the landowner,
lso give the owner's name and address.
rim Midaett
P. 0. Box 250
Hatteras, NC 27943
LOCAT 2ON OF
PROPOSED PROJECT
treet address or secondary road number
KC 12
ity, town, community, or landmark
Hatteras
ounty Dare
s proposed work within city limits or
lanning jurisdiction? Yes
ame of body of water nearest project
Pamlico Sound, Hatteras Inlet
DE SCR SPT =ON AND
PLANNED USE OF
PROPOSED PROJECT
escribe all development activities you
ropose (for example, building a home,
otel, marina, bulkhead, or pier).
Shoreline reclamation and stabilization
If you plan to build a marina, also
complete and attach Form DCM-MP-2. !
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private
or commercial use?
Private, commercial
i
d. Describe the planned use of the project.
To stabilize shoreline area against
future erosion
4 LAND. AND WATER _
CfLAT2?CTER=ST=CS
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+/- 4.0 feet
d. Soil type(s) and texture(s) of tract -
Sand
e. Vegetation on tract Various species of
native grasses and shrubs
f. Nan-made features now on tract None
g. What is the CAMA Land Use Plan
Classification of the site (Consult the
local land use plan.)
Conservation Transitional
Developed X Community
_ Rural Other
h. How is the tract zoned by local government?
None
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey
been carried out for the tract? No If so,
by whom?
f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area
N/A
h. Do you claim title to the disposal area?
N/A If no, attach a
letter granting permission from the owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
c. Shoreline erosion during preceding 12 months,
in feet +/- 3 feet
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed
below mean high water 325 cy
f. Type of fill material Stone rip rap and
earth backfill
8 ADD = T ZONAL =NFORMAT 2ON
j. Does the disposal area include any marsh- In addition to the completed application form,
land, swamps, or water areas? the following items must be submitted:
N/A
k. Will the fill material be placed below mean
high water? Yes
1. Amount of fill in cubic yards 495 cy
m. Type of fill material Stone riprap & earth
borrow
n. Source of fill material Quarry & local
borrow pit
o. Will fill material be placed on marsh or
other wetlands? Within waters only
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept
on site and erosion controlled?
Stone shoreline protection will be
installed initially to create barrier for
earth backfill.
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? Dragline with clamshell
backhoe, bulldozer, dump truck
s. Will wetlands be crossed in transporting
equipment to project site? Yes If yes,
explain steps that will be taken to
lessen environmental impacts.
Construction mats, to be removed following
construction
7 SHOREL=NE
STAB =L= ZAT =ON
a. Length of bulkhead or riprap +/- 480 feet
b. Average distance waterward of mean high
water or normal water level 12'
A copy of the deed (with state application only)
or other instrument under which the applicant
claims title to the affected property. 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 work plat (including plan view and
cross sectional drawings) drawn to scale in
black ink on an 8 1/2 x 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 18 high 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
county road (SR) numbers, landmarks, and the
like.
A stormwater management plan, if applicable,
that may have been developed in consultation
with the Division of Environmental Management.
A list of the names and complete addresses of
The adjacent waterfront (riparian) landowners.
These individuals have 30 days in which to submit
comments-on the proposed project to the Division
of Coastal Management and should be advised by
the applicant of that opportunity.

Name Tim Midgett _
Address P. 0. Box 250 3
Hatteras, NC 27943
Name U. S. Coast Guard
Address Hatteras, NC 27943
Name
Address
A list of previous state or federal permits
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
A check for $250 made payable to the
Department of Environment, Health and Natural
Resources to cover the costs of processing
the application.
CERT SF S CAT SON AND
PERM S SS SON TO
ENTER ON T_ AN
Any permit issued in response to this applicatioi
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 further certify that I am authorized to grant,
and do in fact, grant permission to represent-
atives 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
project.
A signed AEC hazard notice for projects in
oceanfront and inlet areas.
A statement on the use of public funds. If
project involves the expenditure of public
funds, attach a statement documenting
compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to
the
10).
This is the day of f;lu, 19
Q