DEN-Hatteras Estates POA

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hatteras Estates
2. LOCATION OF PROJECT SITE: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. The project site extends from Hatteras Estates in Sandy Bay to
Durants Point in the Pamlico Sound.
Photo Index - 1995: 172-1758: A-G17, G18, H19, 120, J21
1989: 189-1: B-C8&9, D10&11, E-H12, I-M13, O-R14, R-V15
State Plane Coordinates - X: Between 550575 and 556000 Y: Between 2991799 and 2993225
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 26, 1996 (Completed: August 9, 1996)
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Water, Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Shallow Water Bottom
High Ground Spoil Site
350,000 sq. ft.
131,250 sq. ft.
(D) Total Area Disturbed: 481,250 sq. ft (11.048 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants would like to dredge 1,800' of and existing channel and
5,200' of new channel from Hatteras Estates at the eastern most canal, and around the bulkhead to
the west and turn in a northeasterly direction into Sandy Bay. The channel will follow an existing set
of Channel Markers (#8, #6, and #4) and will terminate near Durants Point, just south of Marker 2.

Hatteras Estates
Page 2
Bio Report
PROJECT SETTING
The project site begins at Hatteras Estates adjacent to two man-made canals created in the
mid 19601s. The canals are located adjacent to Shoal Drive and Pamlico Drive, Hatteras
Village, Dare County. A remnant channel extends around Hatteras Estates into Sandy Bay,
terminating at Channel Marker 8. Additional Channel
ust outh of M extend omadjthetremnantDuras
channel, beela ming at Marker 8 and terminating j
Point.
The shoreline along Hatteras Estates is completely bulkheaded. To the east, across the canal
from Pamlico Drive, is property belonging to a Mr. Edward Austin. The shoreline along the
Austin property is composed of debris with intermittent upland vegetation. A breakwater
structure extends out into the mouth of the canal and is composed of wood and rock material.
The dredge project will begin on the waterward side of the breakwater structure.
The applicants wish to extend the channel from Sandy Bay to Durants Point, in the Pamlico
Sound. The water in this area is classified as SA and is closed to shellfishing at the time.
me.
Water depths along the channel in Sandy Bay range from (-3.5) to (-5 )
near Marker 8. Depths between Marker 8 and Marker 6 tQ � from (- final to
to be dredged
depths between Marker 6 and 4 range from (-3.7) ( )' (-' of depth 7
currently exceeds (-5')in depth and terminates at a proposed connecting de p )•
The dredge spoil site is located adjacent to the proposed channel, between Marker 8 and 6,
near the mouth of Muddy Creek. Previously permits have been issued for this site in
conjunction with a number dredging projects. In 1972 a the site was permitted to William Z.
Barrus by the Department of Conservation and Development (#623). The Bari -us property
also received three CAMA Major Permits to receive dredge material. Previous permits issued
to the property include #67-82, #139-88 and #180-89. CAMA Major Permit #139-88 is
currently active and will expire on December 31, 1996. The site is vacant this time with
the exception of a partial berm along the north and west sides b the site is not uBarrThe
us
site currently holds a valid Mining Permit from Land Quality,
property is not being used at this time, but contains some remnant spoil material. Vegetation
on the site is sparse and appears to be limited to a variety of upland weeds. The Barrus Tract
is completely bulkheaded adjacent to Pamlico Sound and contains a permanent cutout for the
placement of an effluent pipe.
CAMA Major Permit #180-89 was originally issued to Gamaliel Ballance to maintenance
dredge the channel from Hatteras Estates to Marker 8 and to "The Slash". During the
dredging of the channel to Marker 8 the length, width and depth were increased from 800'x
20'x 4' to approximately 1,600'x 30'x 6' in violation of the permit. A Notice of Violation
(#91- 31A) was issued to Calvin D. Barrus, Jr.of Cape Dredging and is currently still
outstanding. The permit was eventually transferred to the Hatteras Estates Property Owners
Association in 1991.

Hatteras Estates
Bio Report
Page 3
PROJECT DESCRIPTION
The application submitted request includes maintenance dredging approximately 1,800' of a
remnant channel to a depth of (-7'), beginning at the mouth of the eastern most canal,
adjacent to lot 48 in Hatteras Estates, to the entrance of the subdivisions boat basin, and out
to Channel Marker 8. The dredge project will also include approximately 5,200' of channel -
7' in line from Channel Marker 8 to a point just south of Marker 2 near Durants point.
While there are existing Channel Markers leading from Marker 8 in Sandy Bay to Durants
Point, aiel photographs dating back to 1978 do not indicate the existence of a remnant
channel.
According to the application the amount of spoil material that will be generated from the
project will be 45,000 cubic yards. Field Calculation indicate a reduced amount of
approximately 31,780 cubic yards of spoil material. Dredging will be accomplished by a
hydraulic dredge and pumped to a site located between Sandy Bay and. Durants Point. The
application states that the spoil retention site will be 1,050'x 125'x 5' (24,305 cubic yards),
while the plans submitted indicates that the retention capabilities of the bermed area will be
closer to 22,215 cubic yards of spoil material. In either case the amount of material to be
generated will exceed the holding capacity of the site.
Submerged aquatic vegetation is evident along the surface of the water in and around the
alignment of the existing and proposed channels, but it is not clear from the field
investigation whether the vegetation is established within the channel alignment or simply
present as a result of prop scour in the surrounding waters. A significant amount of Eelgrass
was found in the waters of the project area.
ANTICIPATED IMPACTS
'The project will impact approximately 350,000 square feet of sandy shallow water bottom, of
which approximately 260,000 square feet appears to be new disturbance. It also appears that
the project may disturb aquatic vegetation within the new channel alignment. Localized short
term turbidity will result from the dredging operation, which may have a short term
detrimental effect on the SA water. -
The placement of the spoil material in an existing, previously permitted spoil retention site
will result in the temporary filling of over 119,960 square feet of high ground. The volume
of the proposed spoil area does not appear to be adequate to retain the estimated spoil that
will be generated from the dredging operation.
As noted earlier in this report, previous permits have been issued for dredging in Sandy Bay,
specifically from Hatteras Estates and the Slash into Pamlico Sound. The last permit issued
(#180-89) restricted the depth of the channel to (-4.5') due to the presence of submerged
aquatic vegetation. Previous requests to dredge channels in the Sandy Bay area have been
limited to a width of 20'. The current request will greatly increase the area previously
undisturbed within the existing remnant channel in addition to the 5,200' channel leading to
Marker 2.

Hatteras Estates
Bio Report
Page 4
While no archeological sites are known to be associated with the project area, pottery shards
were found at the spoil disposal site. It should be remembered that this site has been used in
conjunction with numerous projects in Hatteras Village.
There are no unique remnant species or geological formations known to be associated with
the project area.
CAMA REVIEW
Land Use Plan Consistency determination will be submitted under separate cover by John
Thayer.
Submitted By: Lynn Mathis
Date: August 13, 1996

Form DCM-MP-1
APPLICATION, FEcev„
(To be completed by all applicants) APR 2 5 1996
b. City, town, community or landmark
f}afl2rct5 C 1>urawt5 Ghu�h2�
1. APPLICANT Vi «*4 E
a. Landowner: SPOT 1' llPea
Name w, Z. garra5
Address 1' • 1J oX %t %
City 14 a t -Le 'a s State A) e'
Zip 7-7 V3 Day Phone 7/9- Fas -2333
Fax
b. Authorized Agent: J ua f el-A-s Es s74aia
Name )Qaryi5
Address t• o X �D
City E4A 1fera.5 State A) 2
Zip 2 7 9 y-3 Day Phone
Fax
c. Project name (if any)
N07E. Permit will be issued in name of lmidowner(s), mid/or
project �.
2. LOCATION OF PROPOSED
PROJECT
a. County r2d-12E C'Dun tz
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? ✓ Yes No
e. Name of body of water nearest project (e.g. fiver,
creek,.sound, bay) 17uPanfs C a..,, l
04 PaM1(1-o Soknd
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.
De9d4e— marked dhan461 F 4foa5-t"
",t,rej h6L.5 ckannol Maskedyitk
L16 It hed uw 5 /3a t- e kafllLe� /S
u a'7,64- due _ _7"0 _shaa_/i/ta
b. Is the proposed activity maintenance of an existing
project, new work, or both? dlaini-enailc-Q
c. Will the project be for public, private or commercial
use? AubIiL
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. Lhanac! fv e bEYdaya-fe�
eV a hV it(rDi'eae -�drr 1904 Hg
y s 5 by Ag if Nu•S Fs yc Aes
�t ctd �'acen-Y �raP�rtie 5
Revised 03/9s

Form DCM-MP-1
1
n�� 2
5
4. LAND AND WATER
CHARACTERISTICS
in. Describe exis ing wastewater treatment facilities.
Nt1#
a. Size of entire tract�(I�I n.
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL
d. Soil type(s) and texture(s) of tract N%
e. Vegetation on tract
r
f. Man-made features now on tract
What is the CAMA Land Use Plan land
classification of the site? (Cx=ult the local land =e plan.)
(� Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? f Yes No
(Anacn zoring compliance cenificate, if applicable)
Has a professional
done for the tract?
If yes, by whom? .
archaeological assessment been
Yes `-4 No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
_ Yes 1' No
Are there wetlands on the site? _ Yes Z° No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(.4aach daclmmtadon, if available)
Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater,, indti�trial/commercial. effluent, "wash
down' and residential discharges.).
V14
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
gu agency
ide en personnel unfamthar with the area to the

Form DCM-MP-1
R�CEIv��
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address 5 ee #,q
Phone !So - 89
Name
Address I <
Phone /'l•Oarzan LaH ewlul9 are mh
e I� Isq -S8 /vtcrtTT
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../
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice, for projects in
oceanfront and inlet areas.
A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
APR 2 5 1996
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 permissionto representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the / % day of 2krI , 19-�—'&-.
QQ
Print Name% ,? '�7pri1 i0 /P
Signatur?� //+(� /1oi <.-4v
Landownir or Authorized Agew
Please indicate attachments pertaining to your proposed
project. _
DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DCM-MP-2
(Exca;k briti,ics aril 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 reel.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
1
Pock
breakwater
Other
(Excluding
shoreline
stabilizaion)
Average Final
Eidsting Project
Length Width DacL" D--Pth
r.
b '\
{�
^P^��%�'S8
Y 62 S ti
�EZ�FIJ� � vC5/cntl
I. EXCE,VATION
1 nL
a. Amount of material to be excavated from below I
MHW or NWL in cubic yards 95,00,0 vd -1
b. Type of material to be excavated
fra�H�S a=silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? -- yes 'P No
d. Highground excavation in cubic yards O
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Lgcation of disposal area a
Mudek, Oreek w eAm it ,Sound
b. Dimensions of disposal area
"O' X /A5, -
c. Do you claim title to disposal Ica?
Yes 2L No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? yes No
If yes, where? Same��ea

DREDGE OPERATION AND SPOIL AREA NARRATIVE
r
DREDGE OPERATION:
A hydraulic dredge will remove the sand and silt from Durants Channel as indicated in our
application. The material will be transferred by pipeline to the spoil settling area. The
solids will be removed from the spoil area after settling/drying has occurred.
SPOIL AREA:
The spoil area is located. at the Muddy Creek -Pamlico Sound juncture. The.area is apx
1050' by 125'. A berm will be constructed around this area to hold the dredged material.
The sand/silt will be removed with a backhoe from the spoil area as necessary to continue
dredging of the channel.

Typical Cross Section of
Dike
not to scale
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Attachment # 2
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Hatteras Estates Project
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REC.' .
OUL 2. 6 1996

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hatteras Estates
2. LOCATION OF PROJECT SITE: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. The project site extends from Hatteras Estates in Sandy Bay to
Durants Point in the Pamlico Sound.
Photo Index- 1995: 172-1758: A-G17, G18, H19, 120, J21
1989: 189-L B-C8&9, D10&11, E-H12, I-M13, O-R14, R-V15
State Plane Coordinates - X: Between 550575 and 556000 Y: Between 2991799 and 2993225
3. INVESTIGATION. TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 26, 1996 (Completed: August.9, 1996)
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Water, Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: I- [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Shallow Water Bottom
High Ground Spoil Site
350,000 sq. ft.
131,250 sq. ft.
(D) Total Area Disturbed: 481,250 sq. ft (11.048 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants would like to dredge 1,800' of and existing channel and
5,200' of new channel from Hatteras Estates at the eastern most canal, and around the bulkhead to
the west and turn in a northeasterly direction into Sandy Bay. The channel will follow an existing set
of Channel Markers (#8, #6, and #4) and will terminate near Durants Point, just south of Marker 2.

Hatteras Estates
Page 2
Bio Report
PROJECT SETTING
The project site begins at Hatteras Estates adjacent to two man-made canals created in the
mid 1960's. The canals are located adjacent to Shoal Drive and Pamlico Drive, Hatteras
Village, Dare County. A remnant channel extends around Hatteras Estates into Sandy Bay,
terminating at Channel Marker 8. Additional Channel Markers extend from the remnant
channel, beginning at Marker 8 and terminating just south of Marker 2 adjacent to Durants
Point.
The shoreline along Hatteras 'Estates is completely bulkheaded. To the east, across the canal
from Pamlico Drive, is property belonging to a Mr. Edward Austin. The shoreline along the
Austin property is_ composed of debris with intermittent upland vegetation. A breakwater
structure extends out into the mouth of the canal and is composed of wood and rock material.
The dredge project will begin on the waterward side of the breakwater structure.
The applicants wish to extend the channel from Sandy Bay to Durants Point, in the Pamlico
Sound. The water in this area is classified as SA and is closed to shellfishinng at the time.
me.
Water depths along the channel in Sandy Bay range from (-3.5) to (-5 )
Marker 8. Depths between Marker 8 and Marker 6 range from (-3.3') to (-4.2'), while
depths between Marker 6 and 4 range from (-3.7') to (-4.4')• The final section to be dredged
currently exceeds (-5')in depth and terminates at a proposed connecting depth of (-T).
The dredge spoil site is located adjacent to the proposed channel, between Marker 8 and 6,
near the mouth of Muddy Creek. Previously permits have been issued for this site in
conjunction with a number dredging projects. In 1972 a the site was permitted to William Z.
Barrus by the Department of Conservation and Development (#623). The Barrus property
also received three CAMA Major Permits to receive dredge material. Previous permits issued
to the property include #67-82, #139-88 and #180-89. CAMA Major Permit #139-88 is
currently active and will expire on December 31, 1996. The site is vacantproperty.
atthistime with
the exception of a partial berm along the north and west sides of the ro eryThe Barrus
site currently holds a valid Mining Permit from Land Quality, but the site is not in use. The
property is not being used at this time, but contains some remnant spoil material. Vegetation
on the site is sparse and appears to be limited to a variety of upland weeds. The Barrus Tract
is completely bulkheaded adjacent to Pamlico Sound and contains a permanent cutout for the
placement of an effluent pipe.
CAMA Major Permit #180-89 was originally issued to Gamaliel Ballance to maintenance
dredge the channel from Hatteras Estates to Marker 8 and to "The Slash". During the
dredging of the channel to Marker 8 the length, width and depth were increased from 800'x
20'x 4' to approximately 1,600'x 30'x 6' in violation of the permit. A Notice of Violation
Jr. of Cape
outstanding.
31A) vThessuto eventually sferred to the Hattteras Estates Propertydging and is currently Otill
wners
outstanding• permit
Association in 1991.

Hatteras Estates
Bio Report
Page 3
PROJECT DESCRIPTION
The application submitted request includes maintenance dredging approximately 1,800' of a
remnant channel to a depth of (-7'), beginning at the mouth of the eastern most canal,
adjacent to lot 48 in Hatteras Estates, to the entrance of the subdivisions boat basin, and out
to Channel Marker 8. The dredge project will also include approximately 5,200' of channel -
7' in line from Channel Marker 8 to a point just south of Marker 2 near Durants point.
While there are existing Channel Markers leading from Marker 8 in Sandy Bay to Durants
Point, aiel photographs dating back to 1978 do not indicate the existence of a remnant
channel.
According to the application the amount of spoil material that will be generated from the
project will be 45,000 cubic yards. Field Calculation indicate a reduced amount of
approximately 31,780 cubic yards of spoil material. Dredging will be accomplished by a
hydraulic dredge and pumped to a site located between Sandy Bay and Durants Point. The
application states that the spoil retention site will be 1,050'x 125'x 5' (24,305 cubic yards),
while the plans submitted indicates that the retention capabilities of the bermed area will be
closer to 22,215 cubic yards of spoil material. In either case the amount of material to be
generated will exceed the holding capacity of the site.
Submerged aquatic vegetation is evident along the surface of the water in and around the
alignment of the existing and proposed channels, but it is not clear from the field
investigation whether the vegetation is established within the channel alignment or simply
present as a result of prop scour in the surrounding waters. A significant amount of Eelgrass
was found in the waters of the project area.
ANTICIPATED IldPACTS
The project will impact approximately 350,000 square feet of sandy shallow water bottom, of
which approximately 260,000 square feet appears to be new disturbance. It also appears that
the project may disturb aquatic vegetation within the new channel alignment. Localized short
term turbidity will result from the dredging operation, which may have a short term
detrimental effect on the SA water. -
The placement of the spoil material in an existing, previously permitted spoil retention site
will result in the temporary filling of over 119,960 square feet of high ground. The volume
of the proposed spoil area does not appear to be adequate to retain the estimated spoil that
will be generated from the dredging operation.
As noted earlier in this report, previous permits have been issued for dredging in Sandy Bay,
specifically from Hatteras Estates and the Slash into Pamlico Sound. The last permit issued
(#180-89) restricted the depth of the channel to (-4.5') due to the presence of submerged
aquatic vegetation. Previous requests to dredge channels in the Sandy Bay area have been
limited to a width of 20'. The current request will greatly increase the area previously
undisturbed within the existing remnant channel in addition to the 5,200' channel leading to
Marker 2.

Hatteras Estates
Bio Report
Page 4
While no archeological sites are known to be associated with the project area, pottery shards
were found at the spoil disposal site. It should be remembered that this site has been used in
conjunction with numerous projects in Hatteras Village.
There are no unique remnant species or geological formations known to be associated with
the project area.
CAMA REVIEW
Land Use Plan Consistency determination will be submitted under separate cover by John
Thayer.
Submitted By: Lynn Mathis
Date: August 13, 1996

Form DCM-MP-1
APPLICATION- 1REce1v1R
(To be completed by all applicants) ppR 2 5 1996
b. town, community or landmark
f}a�2Ya5 6t(r4N+S GhaNl12�
1. APPLICANT Vl.[.44E
c. Street address or secondary road number
a. Landowner: 5�00; / Am -
Name W' Z, gurrus
Address )"- &. lox 2 %
City 14 cc-r-F'era 5 State A! a -
Zip �? 79 y3 Day Phone 7/f- F&o -9333
Fax
b. Authorized Agent: 5S7'afn5
Name Me4n(e_ )Qam-s
Address y 6. IUD X /D5
City 14a ifera_s State A) (�,
Zip 2 7 9 y3 Day Phone "- %8G -23ZS
Fax
c. Project name (if any)
4W_VR� Ea isTF-
NOTE: Penti1 %Q be issued in mme of kando er(s), and/or
project lame.
2. LOCATION OF PROPOSED
PROJECT
a. County F - 2E Coao �z
d. Is proposed work within city limits or planning
jurisdiction? ✓ Yes No
e. Name of body of water nearest project (e.g. jiver,
creek,sound, bay) 7u/an-s CRanhe l
off Pdmke-o se,qhd
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.
mee ge Markad eh ane-ld eeg f
6itaj cd has dtanNt l Marked
e kf�lAdal3ut- eu e i
u NS4 /o l2 due 7'0 shag/%Ho
b. Is the proposed activity maintenance of an existing
project, new work, or both? Aa/ntenadc2
c. Will the project be for public, private or commercial
use? Public_
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additionalpages. ehanpt/ ty be 25'M alrlr�
a5y. QMU iL 9e Oi- dog-ing
b Na E ).e ?1e
a ccd iaeen P're4erties
Revised 03/95

Form DCM-MP-1
010
4 C.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract-5/00IZ
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL ,g&l/ �PPLC.
d. Soil type(s) and textures) of tract N%
e. Vegetation on tract
f. Man-made features now on tract
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
ly Conservation Transitional
_ Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? F Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional
done for the tract?
If yes, by whom? -
archaeological assessment been
Yes '-,0 No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes T' No
Are there wetlands on the site? _ Yes '° No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach docmn nation, if available)
in. Describe exis ing wastewater treatment facilities.
N IR
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, indAtrial/commercial effluent, "wash
down" and re'side'nfial discharges.)
NI,4
o. Describe existing tpking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an S 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0201 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 unfamthar with the area to the
o..a..va nil"

Form DCM-MP-1
RENFI "^
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name <l Arr,521� 5
Address 5,ee 4><fitc14,01
Phone !So -89 l�x�rt�z�-nL
Name o i l )�d2rt - W. Bw ,-u 5
Address I < esrrev&+ u L i t iz If
Phone 17p4rta4 LaN duon8rs are eh_
f� �2
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.
' See X htac-red
• 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.
c 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.
APR 2 5 1996
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND -
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained i-i the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the / 7 day of &rl I , 19-!&-5.
Print Name-i�/ 4i�;?,w - _ _ le JUd• -5
Signature-�7��1�J/��✓1Pi
Im,dowr�lr or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM. MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-1
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP-2
]EX""AVAT 0
(Excepe bridges and culveris)
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.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Eristing Project,
Length Width Dapth D_pth
o00
.xzzcxx,
1. 'EXCE_VATIOP
a. Amount of material to be excavated from below
MHW or NWL in cubic yards y5; 066 Xd 1
b. Type of materi
al to be excavated Saner( , Sh a 11
{V'On yt �N(S a silt _
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? -_ Yes 'P No
d. Highground excavation in cubic yards O
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Lgcation of disposal area mn-luenae 6�
1/I uJd .e i2reek w- Soand
b. Dimensions of disposal area
/n"o x ias"
c. Do you claim title to disposal Lrea?
Yes -_PL No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes ' No
If yes, where? Same 7--e a —

DREDGE OPERATION. AND SPOIL AREA NARRATIVE
DREDGE OPERATION:
A hydraulic dredge will remove the sand and silt from Durants Channel as indicated in our
application. The material will be transferred by pipeline to the spoil settling area. The
solids will be removed from the spoil area after settling/drying has occurred.
SPOIL AREA:
The spoil area is located at the Muddy Creek - Pamlico Sound juncture. The area is apx
1050' by 125'. A berm will be constructed around this area to hold the dredged material.
The sand/silt will be removed with a backhoe from the spoil area as necessary to continue
-dredging of the channel.

rJ'
V/
l�
Typical Cross Section of
Dike
not to scale
51ZE ot- S�o e l� f
lose), X I ZS' Z7o
EX /,
IDso�x i2,S� X y�:
qyy�� 3
• S

�T Attachment # 2
r..;s�ikn Av¢rrige ��Lt NWL
To 6. ie-emoued
Hatteras Estates Project

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UUL 2.6 1996
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1`yA6-9 ,
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TO. b
1:
Jaye
.91to�e peter
Joh+i p y Genpra�'s
`11a✓of� ker Ogee
k e�t4
ON
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
S o� q 46 0" /N
OF tigT OFA
Cogs �RgMRR9 ORC Op
e,yF Fs
NT
Octobpr3
O 1g98
4Y l0 attcras�s process.
cooAe aYers ecAiljg fates �g�l
d h ab'er
-roll the CO gage the Ar-ko 14- C �plp
W, Wa-ro pjjts cvesAV ect re 4tres� tl� rOAOsaI
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or Y044. ses D ego � SF1, ,19' a� c11%at
Clty4%tatps eQ to
b e 0�°td, �t'4p age0c- Ce 0471.112 ro,
C °teao �+tss oh�tlpg s �t4a� ID Oeats ke tea co
1psJ0 "Witdpcldell fact owl brr29lrereQu�e%A
the o�p eco pelf e po *, zh
46ercO�j,vier ea°, tie tie I szo
_'�Qp�ts IS r tter t
0
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yA<OPBN .80y ti� � ,aI>
Heeter, is self-explanatory. I request that
nt on the subject as soon as possible, but not
is a request by the applicant for a negotiated
.O. BOX 27687, RALEICM, NC 27611-7687 / 2728 CAPITAL BLVD., RALEION, NC 27604
PNONE919-733-2293 FA%919-733-1495
RTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST -CONSUMER PAPER

w
" NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
October 30, 1998
MEMORANDUM
TO: Dave Heeter
Attorney General's Office
FROM: John Parker
Major Permits Processing Manager
SUBJECT: Hatteras Estates Channel Proposal
In keeping with your request, this office has circulated to, and requested comments from
key players on the project revision for Hatteras Estates. Comments were requested from
cooperating agencies and staff of the Elizabeth City office. On October 29, I received the last
of the comments. My assessment is that the agencies unanimously recommend the matter
follow a formal trek through an administrative hearing. In fact, the one verbal return is from
DWQ and John Dorney said - "let the Commission decide". The other comments are attached
for your assessment and use.
cc: Donna Moffitt
Charles Jones
Enclosure
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST-cONSUMER PAPER
N

Z :.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
October 5, 1998
MEMORANDUM
TO: Raleigh Bland -- COE >
John Domey -- DWQ
Frank Jennings -- DCM\-
William Wescott -- WRC'.
Sara Winslow -- DNIN
FROM: John Parke
SUBJECT: Hatteras Estates Channel
The attached, which was prepared by David Heeter, is self-explanatory. I request that
you provide this office with a clear, concise comment on the subject as soon as possible, but not
later than October 16th. As you will recall, this is a request by the applicant for a negotiated
settlement out of a November 1996 denial
cc: Charles Jones
Dave Heeter
P.O. BOX 27687s RALEIGHo NC 27611-7687 / 2728 CAPITAL BLVD.,.RFLEIGHo NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/10% POST -CONSUMER PAPER

DEPARTMENT OF THE ARMY
WILMINOTON DISTRICT, CORPS OF ENGINEERS
R0, SOX 1 ioa
WILMINGTON, NORTH CAROLINA 2840&ia9a
IN ntPrr n10e111 TO
October 29, 1998
Regulatory Division
Action ID. 199604959
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611�7687
Dear Mr. parker.
This correspondence confirms your October 15, 1998, telephone conversation with
Mr. Raleigh Bland of my Washington Regulatory Field Office Staff, and the receipt of your
October 5, 1998, Memorandum requesting comments on a proposed negotiated settlement
agreement between the State of North Carolina and the Hatteras Estates Property Owners
Association, for dredging activities within Sandy Bay and the Pamlico Sound, near Hatteras, in
Dare County, North Carolina.
As pointed out by Mr. Bland, Department of the Army approval for this activity was denied
on November 20, 1996, based on the denial of required State authorizations. Prior to denial of
the permit, we received recommendations for denial from the United States Fish and Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS) copies of which are
enclosed. The Federal recommendations included determinations that the proposed dredging
activities would potentially pose substantial and unacceptable adverse impacts to aquatic
resources of national importance. Additional sampling efforts undertaken by the applicant and
NMFS in September of 1997, clearly demonstrated the presence of submerged aquatic vegetation
(SAV) in the natural channel, where the proposed dredging is to occur.
Based upon our review of the applibant's modified dredging plan and subsequent
conversations with representatives of the objecting Federal agencies, the Federal objections to
this project have not been resolved. The required Federal permit for this project cannot be issued
until the Federal objections have been addressed.
1 u.-. nnr nin . unuA in 'nu 1 nn Ll I nn n• ni l nne lA n1/ unn Rn•III 11.. 1 n ruin

E
As Mr. Bland pointed out, the applicant's file has been retired. In order to pursue a Department of
the Army permit, the applicant must submit a request to reopen the file and provide a revised
applieatibn and plans for circulation during the public review process. The Corps of Engineers
will make a permit decision after that process has been completed.
Please contact Mr. Bland at [phone], extension 23, if you have any further questions
or comments.
Enclosures
Copy Furnished (with enclosures):
Hatteras Estates
c/o Mr. Monnie Adams
Post Office Box 105
Hr,teras, North Carolina 27943
Copies Furnished (without enclosures):
Mr, John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
.Sincerely,
tc113. ith, P.W.S.
Assistant Chief, Regulatory Division
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. JohnDornay
Division of Environmental Management
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
District Manager
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
. iinne in Reu 'nvnn i nr.wI 1 nC_61_r1 4 nor iecrn IIAAPIITIIII TM. in ininn

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DENR
FROM: Franklin T. McBride, Manager
Habitat Conservation Program 111
DATE: October 16, 1998
SUBJECT: Hatteras Estates Request for a Negotiated Settlement. Hatteras, Dare County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. Our comments are provided
in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through
113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661 et seq.).
The applicant is requesting a negotiated settlement of a November 1996 denial. In 1989 a
permit was issued to dredge an 800-ft, long x 2041. wide x 4-ft, deep channel from Hatteras
Estates to Pamlico Sound; however, the applicant excavated a channel that was 1,600 ft. long x
30 ft, wide x 6 ft. deep. In 1996, Hatteras Estates requested another permit to widen and deepen
the channel, which already constituted a permit violation. In addition, they proposed to dredge a
5,200 ft. long x 50 ft, wide x 7 ft, deep new channel across a large shoal, which supported beds
of submerged aquatic vegetation (SAV). The 1996 request was denied. The applicant has now
resubmitted a permit application to widen the existing channel to 35 ft. and dredge a new 5,200
ft. long x 35 ft. wide x 5 ft. deep channel across the shoal.
,according to memo from George Wood, dated May 15, 1997, the US Coast Guard placed
channel markers along a natural channel. This natural channel was marked to assist local
commercial fishermen in navigating across the large area of shallow water. Records from 1973
indicate that natural water depths were 6 ft. at marker 42 and 5 ft. at markers #4 and #6. This
natural channel is very stable. Currently, water depths are 7.2 ft. at marker #2, 5.8 ft. at marker
#4 and 4.4 ft marker #6.

Hatteras Estates Channel
October 16, 1998
The previous unauthorized dredging has resulted in a basin, and approach channel that are
deeper than the marked natural channel. We maintain that if this depth differential is a problem,
it should be addressed by restoring the previously dredged channel to the permit specifications.
Additional dredging in highly productive shallow water habitat and SAV beds should not be
permitted.
As described, the project is inconsistent with our Policies and Guidelines for
Conservation of Wetlands and Aquatic Habitats. As in 1996, we request that a permit not be
issued for this project.
We appreciate the opportunity to review and comment on this project, if you need further
assistance or additional information, please contact William Wescott at [phone].
cc: The Honorable C. J. Belch, Jr.
The Honorable Russell M. Hull, Jr.
The Honorable W. Ray White

State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM
T!:'
r� ��Il�lr
NCDENR
NORTY. CAROUNA DEPARTMENT OF
FNvtsoNmvmi ANU NAZI:RAL RasouRcHs
October 16, 1998
TO: John Parker, Jr.
Major Permits Processing Coordinator
FROM: P.A. WojciechowskiA'
SUBJECT: CAMA/DREDGE AND FILL PERMIT
Hatteras Estates Channel- Dare County
RECEIVED
OCT 21 1998
COASTALMANAGEMENT
Attached is the Division's reply for the above referenced project. If you have any questions,
please don't hesitate to contact me.
PAW/bc
pmmit %.d.inVp..v.,.Itr
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
TO: John Parker, DCM Permit Coordinator
THROUGH: P. A. Wojciechowski, Permit Review Coordinator
FROM: Sara E. Winslow, Biologist Superviso��li
SUBJECT: Hatteras Estates Channel
DATE: October 12, 1998
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND N/RURAL RESOURCES
The North Carolina Division of Marine Fisheries has reviewed the information
provided relative to the Hatteras Estates Channel and continues to object to the project
proposal. As documented in Mr. Ron Sechler's (NMFS) letter through an onsite inspection
extensive beds of SAV's exist throughout the project area. The proposed project would
eliminate and/or impact SAV's and shallow water habitat. The importance of SAV's to finfish
and invertebrate production and serving as habitat is well documented.
The on -site inspection determined existing water depths in the channel varied from four
to seven feet. These depths were quite different from those presented by the applicant.
In summary, the Division objects to the project based on the loss and/or impact to
shallow water habitat and SAV's.
P. O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action employer 50% recycled/ 10% post -consumer paper

t JAMES B. HUNTJR ��
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM:
TO: John Parker, DCM, Major Permit Coordinator
'i6ln sx, w�'
THROUGH: Terry E. Moore, District pM�i��ana�gyer,
FROM: Frank A. Jennings, III, DCNI ` v
SUBJECT: Hatteras Estates Channel
DATE: 13 October 1998
RECEIVED
OCT 151998
COASTAL MANAGEMENT
Based on the information provided and my understanding that the original application
was denied on 12 November 1996, it appears, from the modification proposal, that the
environmental concerns originally expressed by this office remain. Additionally, according
to 15A NCAC O1C.0504(3)(F), the proposed development activity would require the.
preparation of an environmental document under the NCEPA.
ELIZABETH CITY OFFICE
1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I Oq POST -CONSUMER PAPER

United States Department of the Interior
FISH AND WILDLIFE SERVICE
p" eld Office
��NN Hoe eenele e
cto�ei]
L:.autenant Colonel Tarry R. Youngbluth
n:'81trict Engineer., Wilmington District
U,:i, Army ccrps of Engineers
P' 0. Box 1090
Wj.::mington, North Carolina 28402-1490
At:t:lant'ion: Ra_+.pi4lh Bland
Nair Colonel lourigbluth:
T114: U.S. Fish and 1ildlife Service (Service) has Conducted a site
VJ'I:it Rind reviewed the Field Investigation Report (FIR) and permit
allf-lication for Action I.D. 19960459. The Applicant, Hatteras
Ee+t.ateeS, ;oropoeea to dredge a 7, 0oo ft long channel (of Which 1, 900
ft;.id known to he,vca previously been dredged; the remainder may be
9z'e:vi0USlY Undisturbed habitat) in Pamlico sound. The proposal
rel•_esehts a significant expansion (depth, width, and length) of
ti..c previously pe:r_•iittad channel. The proposal includes plans to
disposs of spoil materials shoresids near Meter point. The spoil
mati:lrial is to bq contained by eat -than berms. The FIR estimates
that the spoil volume Will exceed the capacity of the disposal, site. Both the cb:edging and Spoil disposal site are located in the
Village Of Hatteras,, Dare County, North Carolina.
According to the PIR, uncertainty exists as to the magnitude of
previous daredging activities in this cite. The applicant claims a
historic.ch4nnel ata.s located in a seemingly undisturbed area. Thi's claim is ndlt: tuppo-ted by available evidence (old charts, aerial
photos dating to t:t1e 1970s, etC.), Our observations of beds of
subnerg'ed aquatic; vegetation (SAV) covering large parts of the
nearshere olivironment Support the presumption that portions of the
Proposed ctcannel ak'Q previously undisturbed.
Further, the FIR 13c-ints out that a Notice of Violation issued for
sobiei ' revious e.0tivities in association With this housing
oubcli,v riorc is still outstanding.
Thili is, the repo2.-t of the service submitted pursuant to, and in
adanrdancip with, Pz'ovisione of the Fish and Wildlife Coordination.
Aot (48 8tat. ,4011 as amended; 16 t1.$.C. 661 et sea.) and the
Ehda.ngersel spaciee Act of 1973 (87 Stat. s84, as amended; 16 U.B.C.
183 ]. at sell.) .
i Thta Sdrvi0c rer011110ands the District Engineer i for the
pr6;:osafl ,aa:tiv'itiasf. The proposed dreflging woulfl cause direct
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advairse irripitcts to the aquatic eeosyatem, and the spoil disposal
plaur, an proposed, clan cause direct and indirect adverse impacts to
tho ;poems system. D,)th parts of the proposal will adversely aftact
fish and wildlife resources.
Th[l proposed dredge spoil disposal area has been heavily
taarri.;{iulated,. portions of the site are r%4tUrally low-lying
est:uArine marsh subject to inundation during oxtremo high tides or
fl"111 evern•ta. Lantl:Iropogenic manipulations have artificially raised
than maim elsivation c,f the site. by filling, grading, and bulkhanding
th4E shoreline. Traditionally, such areas require frequent
mai.r:l:enanee and rmpair because. they are subject to erosion. The
Sez'%',iee oonCludgs that portions of the base of the proposed dredge
spoil, dispc..al site are highly erodible and likely to be reclaimed
to roar mean water ,level in the absence of continuous maintenance
And ;:'epFril' Ar-ti.vit:ilas, The site is inappropriate for significant
amCCAts of spoil material without long-term care provisions.
Further; tine propcsad spoil disposal site may not be of sufficient
volume tar the amount of spoil created by the dredging project.
Aeccrding to the FIR, the generated spoil will exceed the disposal
site volume by betwoen D0% to loaf.
The alpoil ;°:-om the proposed activities is likely to be returned to
the e,quatic enviro:nment because the disposal site is poorly located
and has insuffici.ent volume. The spoil will be returned in
suspansi,on Cr in slugs of sediment. in either case, it will
blanket and smother SAV and sandy bottom habitat downstream of the
spoil. disposal vita. This blanketing effect will kill non -motile
organisms, rind destroy important SAV habitat for motile organisms.
The proposed dredging is an expansion of perturbances which will
eliminate locally significant areas of SAV and sandy bottom from
the local 8lq'uatiC +anvironmant. The proposed activities would also
fragzlent the remaining habitat (although we currently consider that
A benign impact at this time).
Nears,hore I uatic habitats which contlist of large areas of SAV
intsxepersasri with Shallow sandy bottoms are resources Of national
imp,ax'tance. A wide variety of aquatic organisms depend on such
habl'..at in soma Ottge of their life history. For instance, finfish
and ahaliti.sh opalcies3 are often critically dependant on the
avallability.an4l irtagrity of this habitat type. SAV/sandy bottom
hab.l-:at is mportalit.for primary and secondary production, is rich
in m-ganic rateria:l.and micro-orgarliemsr and, is at net exporter of
eonai enable energy for estuarine and marine ecosystems. This
habitat type is fundamentally important for biological and economic
reallond.
r Thars. is an atctive fishery in the project area.
vis:_1., we Obs0z"Vecl several small boats setting
ands fur .bail.fish. lire were told by a passerby
as 1111114
frequently netted aft night in the project area an
d
1oTjisTn Uo16UTwim!: A INaS

The marichlands and riparian scrublands adjacent to the project area
are used by col.opi,R1 shorebirds, wading birds, and waterfowl.
Altx,ough our mite visit did not Coincide with nesting activities,
thoi'Project area m4n be expected to sustain breeding colonies of
g1o®l;ey . bis (pleg,sdlis falo'1nellud) 1 Louisiana heron .(8ydrannassa
trj•cr1:)10r) , snowy el�ret •($grctta thula) , and little blue heron
(F)uzrida rmierujaa) , All of these birds, foraga in the aquatic
GM1 ronnmerlt, and o»Itulativoly require substantial aquatic prey !or
sus!ea,ssful. recruit:mi�nt.
Addlt:ianallyf the project is located in an important flyway for
shorabirdo, raptiatrm, and other avian migrants. 8AV and marsh
habi'tata provide eh.mse migrants with resting spots and important
fore.ging a.ruas. Th+ase birds have a large anergy requirement, and
the; function of acflUatie and watland habitats much as exist in the
prcjrlet area is: ar' )essential source of energy for thew.
The propoMilid activities will
agU.a+sic halzi tat. di�ccictly by
spci;L disposal. Imes to th4
hakltat, annithe ivi)oi:tance
and Other depeneeLlit spec
activities should by avoid)
perrit tie danied.
significantly dagrade locally valuable
dredging, and indirectly by inadequate
sensitive nature, of SAV/sandy bottom
such habitat has to aquatic organisms
Lee, we believe that the proposed
d. Therefore, we recommend that the
The .Ibove findings and recommendations constitute the report of the
9etvice. 1,11. accordance with the procedural requirements of thin
1992 604(q) Memorandum Of Agreement, Part IV,3(a), between our
aLgenei1e¢1 wee era advising you that the proposed work may result in
SubmiAntial and U-nacceptable impacts to aquatic resources of
national ciitcarn,
'thank you ror t:ais opportunity to comment on the proposed
activities, If yCIV have any questions or commonts,,plaasa call
Kevin Moody of my et:al4 at [phone] extension 19.
Sincerely,
ohn M. Hetne
Field Supervisor
cc: NCDCM,, ,Raleigh, NC (John Parker)
NCDCM,- Washington, NC (Preston Pats)
NCDCM, Llizabath City,'NC (Lynn Mathis)
NCWRC,, Raleigh,. NC (Frank McBride)
EPA, Wetlands Ragulatory Program, Atlanta, GA (Thomas Walborn)
NMFS, ileauforf:, NC (Larry Hardy)
FWg/;7;4l1Cbtc+lrlyiKht/7t1/'ll/96:915/e56-4520 ext.19:B:\Hatteram
Q S!qO L RRI, SLR �UOUBUq '50N-:mvgn ! CQ:bL ! AR-87-nL! 10TjasTn U016UTWITM:AG INgP

J
LV UK% 10199lot
RECEIV SD
United States Department of the Interior ryov 4 1996
FISH AND WILM FE SERVICE 14211001W RVIKP"
375 Gntu y Houlavat
Atlmte, G"Ifi 10345
[OCT 9 0 W
ui 1 2'1;36
Actios,: 00—R
C8: CO-0pe
Celuael Terry' At Younghluth DE
Diitrkt Engk,.ev DD
U•.3, Army Gasps of Engiamrs 1)X
post Office 83% 1890
Wilmington, N nth Carolina 28402-1890
1t£.: Public Notioo 195ISC 4599 Hatteras Estates, Date County, North Carolina
Dear Cal, Youzibluth:
In accordance wit.', the 1392 404 (cX) Memorandum of Agreement (MOA)
between. ou,.& agencies, the enclosed latter report provides the
recc:mmenda-::ion.a cf.'the Department of the Interior in response to
the above .,ppliestion for a Department'of the Army Permit,
Pure:uant 1:() Part TV-3(b) of the MOA, I have determined that the
proposed work will have subwtantial and un*cceptable impacto on
agas;tic refiource~e Of nll:ticnal importance if permitted as.
spi ified in the ptblic notice, without incorporating our
re"'Mmendut:Loris. = strongly encourage a mutual resolution of the
ida:n.tified «+etl=d; wildlife concerns at the field level prior to
ye -at deci. io,on to l.c sue the permit.
since sly your®,
Noreen K. C I�
lough
Regional Director
Znr:.oaure
COPY SEWS
-':2671 EEL 616 �Qouije '6a8-3ovsn ; 99t41 ; 96-6z-Ot; 40?J4G Ta u046u?WI M,A9 1N36

4.
/ 11Y(oUA70Y 41, /
UNITED ETAY96 DEPANTMENT Op COMMI:RCI
Naolsnsl bdteinla and Atmespharla Administrrtlan
NATIONAL MARINE 148HER gs SERVICE .
southeast Regional Office
9721 Executive Canter Drive North
St. Petersburg, Florida 33702
September 11, 1996
Lt. Colonril Terry h, Youngbluth
biis':rict Engineer, Wilmington District
De17,artment of the Army, Corps of Engineers
P. (), Box 2690
NilningtozL, North Carolina .28402-1990
Deny. Lt, Cclonel Youngbluth:
In accordance with?art IV, section 3(a) of the current'Mamorandum
Of 1,;0e0110nt betWeell the Departments of Commerce and the Army, I am
no!'-::fYing you of the National Marine Fisheries service,S (Mas)
int:daiat to consiili r 1:eferral of Department of the Army (00A) permit
apl);,icaeien 1996oC9s9(GP) dated August 23, 1996. At issue is a
redluast by Hatteras Estate$ to maintain an existing channel .and
exCtavatm a new chanaiel in sandy Bay at Hatteras, pare county, North
CaT'nlina. The purpose of the project is to increase the length,
width, and depth of the boating access channel to Hatteras Estates
sulxlivision. This letter details reasons(1) why there may be
substantial and unacceptable adverse 1119acts to aquatic resources
Of nations_. importance; and (2) why ieeuanca of the Specified
pex•aait must be Conditioned or denied to protect those resources..
Thai propoasad project consists of using a hydraulic dredge to
maintain a:3 existing 1 800-•toot=long by 30-foot-wide access channel
and construct at new 5,200-foot-long by 30-foot-Wido channel. The
current dmp-.% in t.lese channels range from three- to five -feet -deep
at nean lem, water IMLW). The applicant proposes to establish a
dept.JY of seven fret MLW throughout the channel alignment.
Appr:lXihataly 451000-cubic-yards of dredged material would be
depe-cited in an upland disposal site.
The. 14M'FS izollduc.ted "I on -site investigation of the project area in
rearcanse t.o a 1989 permit request by Gamaliel Ballance (public
Ncti(::e No, 89-N-028-0328). Our current review included an
exaulnatio;n of rece:at aerial photography of the project area and
cocxd9ihati;3n, with cur Beaufort Laboratory staff, 'Based on the
abcvu1, we ;balieve that this project would adversely impnOt living
marine radaijrcd:s c,E national importance.
Sander Bay, a shallow embayment north of Hatteras village, is
directly eertnerted to the waters of Pamlico sound.. Submerged
aquai,.ic vegGtatiolz (SAV) is found throughout th6 project. area.
including the PrO1305ed channel alignment. Areas of SAV are of
A N!QRVL EEL 6LR ,goueag 'beH-3ovsn 99:4L ! 96-6Z-OL! 431J�Sla u046uT1111W AB INK

apia(.ial Woticerh to the NMFS since they constitute an aquatic
reteiauroe of national importance. SAV providing essential forage and
nu:nlery sites for a variety of estuarine dependent species many of
whii.nh are -af commercial and recreational importance. SAV is a
scIV,ce of primarl, production and provides detritus that is an
important compone"nt in the aquatic food chain. It also functions
to "llainta.'T good water quality upon which fishery resources are
ftp ardent.
Spot: (34JX9t,QW Xlhthurus) , Atlantic croaker (fir�gonias
31111bJ19,tMJ) , spotted sentrout (Cypoeicion neb lyy oaua) , weakfi8h
(2131.401M madLR), red drum (sciagnoos oceilatua), shrimp
(Elul a= spP•) , b+e.y scallop (Ax'eo ajaten g1) , and blue crab
(� 1A1n#ect,gg s toi, ig)' are characteristic .inhabitants of seagrass
1ne:ec Ows. :?Os;t larval and juvenile red drum depend of SAV for
e91;41nti&l feeding habitat and protection from predators.a These
spories are identl,fisd in section 906(m)(1) of the water Resources
Devie10p1het:,t Act of 1989 (PL 99-602) as species of 'national
economic importances. 11
Red drum are currantly under Federal management pursuant to the
Mac1rl,usan Fishery coneervatiorf and Management Act, A fishery
mailtigement flan (:FMP) for shrimp has been developed by the South
At:.itntic Fishery Management Council (SAFMC) because shrimp stocks
arc reduced, Addivionall , the Mid-AtltLntie Fishery Management
COtuicil, in Cooperation with the SAFMC# has developed FMPs for
suruuar flounder. The FMPs for red drum, shrimp, and flounder
spnc:ify rigorous nanagement and protection of the managed species
and hh®ir essential, habitat,
The proposed project would alter a total of 8.3 acres of shallow
waged! habitat that: supports SAV. Some 5.97 acres of the total is
in $r;reViously undredgad areas between channel marker see and marker
#2 r.war Du:ria.nts Pc•irtt, The NMFS is opposed to work that adversely
imlicats b a.bit"at that supports living marine resources.
Tra.6-itionally, navigation in this area required no more than four
f"A. of dapth at MLW. Since the current depth throughout the
preiposed chaannel alignment is near or below this depth, we question
the need for the 'Oroposed deepening. In addition, we understand
the.t. a Aot.ide-of-Violation on previous work in 1999 in the project
arcs remai,nw unreaiolved.
lThayiaa:, a.W., W.J, Kenworthy, and M,S, Fonseca. 1984. The
1 eccl(:gy of eelgrasa meadows 'of the Atlantic coast: a community
prof;Ue. TI.9. Fish, and Wildl. S®r, FWS/o86-84/02.
3iiOlt, J•, C.L. hitting, and C.R. Arnold. 1983. Distribution
Of young rest drum among different: sea grass meadows. 'Trans. Am.
Vieh,. Sad, 1121267-,.;71,
A 3liCRbl CPI. ALP «UOUejA '6am-a,)MSfl LA:bL ! 98-67-nL! 13%2$Tn U016UTWISM:AA INaS

i t / /WL'77 J P
Tho ia.ltmrat'Lon of 8AV habitat when lase damaging alternatives are
avu:.lable is unacceptable. We believe that this work, an presently
pproposed, twill bii detrimental to aquatic reeeurces of national
importanco that utilizeSandy Say as habitat. Therefore, the NMrs
rein>mmands that fQde:ral authorization for this work not be granted,
4Ve Would T::basaeas our position if the project is revised to be
colu:lstent with the 1989 permit proposal. Furthermore, we
rac niamend that the Notice -of -violation be resolved prior to any
conulderation of any federal authorization.
We tppreciate the o:Ppertunity to provide these Comments.
CC! FWe, AMA, GIL
rKS, Raleigh, HTC
EPA, ATtA, OA
NC1)9HN'F, Ralaigh, NC
NCY)EHIM, Morehitad city, NC
8AFXC, . Chatrloesaon, 8C
F/s1aa
J
Andreas Mager, r.
Assistant Regional Director
Habitat CongArVation Division
OLE!ORbL EEL RLR .-uaueaa 6aa-;Ovsn ! 99:1L 1 88-RL-OL: gOTd1STQ U026UTWISM:A9 1NgS

I / / byr I IN /
UNITED 8TATtIS pllPAp1MBNT 0P DOMMIpGE
u.
i NeClahpl Ilwrnitl and Aemo.pherlo AdmInIN+;mlon
NATIONAL MARINE FISHER1961 BEAVICE
Southeast Regional Office
9721 Executive Center Drive N. ✓
St, Petersburg, Florida 33702
� . SEP 2 7 1996 RECEIVED
OCT
Lt. Colonel Terry R. Youttgbluth
Distri•:;t Engineer, Wilmington District 4011LAT4Ry ppLRj !L
Depettment.of the Army, Cc:rps of Engineers
P. 0. 'Box 1891)
Wilncington, North Carolin➢, 28402-1890
Deer U. 011,17'ei Youngbl.uth!
Plense refelrenc4 Public Nt�tice 199604959(GP) ad our September 11, 1096, letter (copy enclosed)
conG;nling an application'b; Hatteras Estates to perform work near Hatteras, Dare County, North
Carol:na. As specified in Part IV.3(a) of the 1992 404(q) Memorandum of Agreement (MOA)
bet+v Ien our agencies, the enclosed letter advises that activities specified in the public notice may
advr;sely affent aquatic resources of national importance.
Purivant to Part IV,3(b) of':he MOA, I have reviewed the findings of my field staff and I have
dettcrllned that the proposed work will substantially and unacceptably impact nationally important
aquatic resource .- I requem that you folly consider the views and recommendations of the National
M.Mine Fis ides Service III making your Rita decision. I also encoltttige continued efforts to resolve
this ttlatter at the: field level amd have requested that my field staff cooperate in any related effort.
Enck*ure
Sincerely,
0 Printed of ➢ w:yol•d Patel
I ItlleAtL P.P.J. AIR
t;
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cc:
M51, ATI.A, GA
ME, Raleigil,, ]'d'C
EPA. ATLA, OA,
NCI:I,',HNR, Rale4h, NC
NCC]sHNR, NfOlchesd City, NC
SAF:tl(C, Chark-pten, SC
F/SE021
F/l'I :l - Sum Stedam
�goueUg '6aa-3ovsn
65:71 : 86-6Z—Ol:
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FACSIMILE TRANSMITTAL HEADER SHEET
w ue dw, i.n., AA tFt�; xm bwa.n pmy� oorea
COMMANDI
OFFICE
NAMEl
OFFICE
OFFICE TELEPHONE
FAXNO.
$TMBOL
AIUTBYBNRbmm.J.
(AU78VBN/C&u%j.
FROM:
MICHAEL D. SMITH
REGULATORY DIVISION
ASSISTANT CHIEF
[phone]
[phone]
WILMINGTON DISTRICT
CESAW -Rd
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M�•�F+�JQwcict~
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CLASSIFICATION
PRECEDENCE
NO.PAGES
DATE -TIME
MDNTN
YEAR
AFlEABFA'S SIONA Al�l F
BAde>Ayp fh+v
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1
REMARKS
4ureB6W&eL'a mdCI im Cep'Um Pray
ISM 3918-11, JUL 08 DA FORM 211184% AUfi 72IS SSSOIFIE
V \.�L
FCI. ALA «•UOUE:Jq 'SON—a,)HSf1 '. 7.C,tL ! AR-97.—nl.' 10TJ1STn U016UTWITM-1171 IN7S

MICHAEL F. EASLEY
ATTORNEY GENERAL
MEMORANDUM
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602-0629
TO: Donna Moffitt
Charles Jones
John Parker
FROM: David Heeter -;p }�
DATE: September 23, 1998
Reply to: David G. Heeler
Environmental Division
Tel: [phone]
Fax:[phone]
[e-mail]
RE: Hatteras Estates Association's Modified Dredging Application
Attached are various materials on the original 1996 and modified 1998 dredging
proposals by Hatteras Estates Property Owners Association. They include:
1. A summary of the 1996 and 1998 dredging proposals;
2. An aerial photograph with my notations and the channel on it;
3. A letter from Ron Sechler to Richard Watts summarizing the results of
Ron's September 17, 1997, sampling; and
4. A 9/8/98 memo from George Wood to me.
Charles Jones would like to circulate the modified proposal for review before deciding
what to tell Hatteras Estates. Please ask for comments as expeditiously as possible since this
matter has been stalled for some time.
M.

0
HATTERAS ESTATES PROPERTY OWNERS
1996 AND 1998 DREDGING PROPOSALS
1996 Proposal 1998 Modified Proposal
Se ent 1. Initial excavation of boat Segment 1. Maintenance excavation of boat lagoon
lagoon and east and west canals predated and east and west canals proposed to depth of - 5'.
DFL and CAMA. Probably maintained SAVs in lagoon and canals.
in past, but no excavation proposed in
1996.
Segment 2. From boat lagoon to channel
marker # 8. Permit 180-89 authorized
maintenance excavation of 800' x 20'
x 4. Actual excavation was 1,600' x
30' x -6'. 1996 application proposed
excavation of 1,600' x 50' x -7'.
Segment 3. Previously undredged
channel from marker # 8 to # 2
which has been used for long
period of time. Lights maintained by
Coast Guard since 1972. 1966 applica=
tion proposed new excavation of
5,200' x 50' x -T.
Segment 2. Maintenance excavation from boat
lagoon to channel marker # 8 through shallowest
area or areas northeast of marker # 8. Proposed
dimensions 300' (cumulative) x 35' x -5'.
Segment 3. New excavation from marker # 8 to
marker # 2 through shallowest area or areas just
north of marker # 4. Proposed dimensions 450'
(cumulative) x 35' x -5'.
See attached for proposed segments and results of July, 1997, SAV survey.

Title 15A Coastal Management 71-LO208
and important natural erosion barriers (cypress fringes, marshes. clay
soils).
(C) Development shall not violate water and air quality standards.
(D) Development shall not cause major or irreversible damage to
valuable documented archaeological or historic resources.
(E) Development shall not measurably increase siltation.
(F) Development shall not create stagnant water bodies.
(G) Development shall be timed to have minimum adverse signifi-
cant affect on life cycles of estuarine resources.
(b) Specific Use Standards
(1) Navigation channels. canals. and boat basins shall be aligned or
located so as to avoid primary nursery areas highly productive shellfish
beds, beds of submerged aquatic vegetation, or significant areas of reg-
ularly or irregularly flooded coastal wetlands.
(A) Navigation channels and canals may be allowed through narrow
fringes of regularly and irregularly flooded coastal wetlands if the loss
of wetlands will have no significant adverse impacts on fishery re-
sources. water quality or adjacent wetlands, and. if there is no reason-
able alternative that would avoid the wetland losses.
(H) Development shall not impede navigation or create undue inter- (B) AB spoil material from new construction shall be confined land-
ference with access to. or use of, public trust areas or estuarine waters. ward of regularly and irregularly flooded coastal wetlands and stabi-
(3) When the proposed development is in conflict with the general
or specific use standards set forth in this Rule, the CRC may approve
the development if the applicant can demonstrate that the activity
associated with the proposed project will have public benefits as identi-
fied in the findings and goals of the Coastal Area Management Act.
that the public benefits clearly outweigh the long range adverse effects
of the project. that there is no reasonable and prudent alternate site
available for the project, and that all reasonable means and measures
to mitigate adverse impacts of the project have been incorporated into
the project design and will be implemented at the applicant's expense.
These measures taken to mitigate or minimire adverse impacts may
include actions that will:
(A) minimize or avoid adverse impacts by limiting the magnitude
or degree of the action:
(B) restore the affected environment; or
(C) compensate for the adverse impacts by replacing or providing
substitute resoumes.
(4) Primary nursery areas are those areas in the estuarine system
where initial post larval development of fnfish and crustaceans takes
place. They are usually located in the uppermost sections of a system
where populations are uniformly early juvenile stages. They are offi-
cially designated and described by the N.C. Marine Fisheries Commis-
sion in 15A NCAC 3B .1405 and by the N.C. Wildlife Resources Com-
mission in 15A NCAC 10C .0110.
(5) Outstanding Resource Waters are those estuarine waters and pub-
lic trust areas classified by the N.C. Environmental Management Com-
mission pursuant to Title 15A. Subchapter 213.0216 of the N.C. Admin-
istrative Code as Outstanding Resource Waters (ORW) upon finding
that such waters are of exceptional state or national recreational or eco-
logical significance. In those estuarine waters and public trust areas
classified as ORW by the Environmental Management Commission
(EMC). no permit required by the Coastal Area Management Act shall
be approved for any project which would be inconsistent with applica-
ble use standards adopted by the CRC. EMC. or Marine Fisheries Com-
mission (MFC) for estuarine waters, public trust areas, or coastal wet-
lands. For development activities not coveredby specific use standards.
no permit shall be issued if the activity would based on site specific
information. materially degrade the water quality or outstanding re-
source values unless such degradation is temporary.
(6) Beds of aibmerged aquatic vegetation (SAV) are those habitats
in public trust .md estuarine waters vegetated with one or more species
of submergedt vegetation. These vegetation beds occur in both subtidal
and intertidal zones and may occur in isolated patches or cover exten-
sive areas. In either case, the bed is defined by the presence or above -
ground leaves or the be!ow-gnund rhizomes and propaLrules. In defin-
ing SAT's, the CRC recognizes the Aquatic Weed Control Act of 1991
(G.S. 11 3A 220 et. seq.) and does not intend the SAV definition and
its implementing rules to apply to or conflict with the non -development
lized to prevent entry of sediments into the adjacent water bodies or
marsh.
(C) Spoil from maintenance of channels and canals through irregular-
ly flooded wetlands shall be placed on non -wetland areas, remnant
spoil piles, or disposed of by a method having no significant, long term
wetland impacts. Under no circumstances shall spoil be placed on regu-
larly flooded wetlands.
(D) Widths of the canals and channels shall be the minimum required
to meet the applicant's needs and provide adequate water circulation.
(E) Boat basin design shall maximize water exchange by having the
widest possible opening and the shortest practical entrance canal.
Depths of boat basins shall decrease from the waterward end inland.
(F) Any canal or boat basin shall be excavated no deeper than the
depth of the connecting channels.
(G) Canals for the purpose of multiple residential development shall
have:
(i) no septic tanks unless they meet the standards set by the Division
of Environmental Management and the Division of Environmental
Health;
(ii) no untreated or treated point source discharge;
(iii) storm water routing and retention areas such as settling basins
and grassed swales.
(H) Construction of finger canal systems shall not be allowed Canals
shall be either straight or meandering with no right angle comers.
(I) Canals shall be designed so as not to create an erosion hazard
to adjoining property. Design may include bulkheading, vegetative sta-
bilization, or adequate setbacks based on soil characteristics.
(1) Maintenance excavation in canals. channels and boatbasins with-
in primary nursery areas and beds of submerged aquatic vegetation
should be avoided. However, when essential to maintain a traditional
and established use, maintenance excavation may be approved if the
applicant meets all of the following criteria as shown by clear and con-
vincing evidence accompanying the permit application. This Rule does
not affect restrictions placed on permits issued after March 1. 1991.
(i) The applicant demonstrates and documents that a water -depen-
dent need exists for the excavation: and
(ii) There exists a previously permitted channel which was
constructed or maintained under permits issued by the State or Federal
government. If a natural channel was in use, or if a human -made cban-
nel was constructed before permitting was necessary, there shall be
clear evidence that the channel was continuously used for a specific
purpose: and
(iii) Excavated material can be removed and placed in an approved
disposal area without significantly impacting adjacent nursery areas
and beds of submerged aquatic •:cg_:ac: n: and
(iv) The original depth and widtli of a human -made or natural chan-
nel will not be increased to allow a new or expanded use of the channel.
Page 535
Supplo 96. Numbs 6. rum 1996

UNITED STATES DEPARTMENT OF CCMMPAOp
Nifii9nol G000nio anti ffimuphWi Adminla tilm
NAT10%MARINE FISHERIES SERVICE
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
September 22, 1997
Mr. Richard Watts, District Manager
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
Dear Mr. Watts:
This letter is in reference to our September 17, 1997, on -site inspection and efforts to sample
submerged aquatic vegetation (SAV) associated with the proposed Hatteras Estates Home
Owners Association (Action ID No. 199604959) access channel in Pamlico Sound near Hatteras,
Dare County, North Carolina. At your request the following observations concerning this
meeting and our SAV sampling efforts are provided for your consideration.
On September 17, 1997, I met with Richard Watts, North Carolina Division of Coastal
Management, Eric Diaddorio, North Carolina Division of Marine Fisheries, and Dave Heeter,
Attorney, North Carolina Division of Coastal Management (NCDCM) to examine the natural
channel proposed for dredging to provide improved access to the Hatteras Estates Subdivision in
Hatteras, Dare County, North Carolina. Mr. George Wood, oonsuhant for the applicants, and
several property owners accompanied us while investigating the channel. We used the applicant's
28 foot boat for access to the proposed 5,500-foot-long by 30-foot-wide by. 5-foot-deep channel.
Maintenance dredging of approximately 1,500 feet of the channel between Hatteras Estates and
.channel marker 98 was completed in 1990. Additional unauthorized dredging occurred at this
time, however, the responsible party is unclear.
At issue is the denial by both the NCDCM and the Corps of Engineers of a request to authorize
the dredging of the previously undredged 4,000-foot-long area located between channel markers
#8 and K As a result of the denial of the permit application, the project may be the subject of an
appeal before an administrative law judge pursuant to the Coastal Area Management Act
regulations.
At the request of the applicants, we accompanied them to the nearby Coast Guard Base, Cape
Hatteras. Coast Guard staff indicated that they do maintain the aids to navigation that mark the
channel and that they do on occasion have calls to assist boaters in the area
Aerial photography of the area and prior on -site inspections indicated that SAV was common
throughout the area. The purpose of our inspection was to determine if SAV was located within
the channel alisnment. The National Marine Fisher.es Service 1W nr-viously indicated, in
2'0'd L9L99UST68 01 WJNd Wd :ZT 266T-15Z-60

comments on the original public notice that the area proposed for dredging Is SAV habitat.
However, the presence of SAV within the channel alignment had not been documented.
Low tide at Hatteras Inlet occurred at 2:20 pm. The weather was clear with it light wind. The
water was turbid with visibility estimated to be about two feet. SAV was observed in adjacent
shallow water areas but because of the lack of water clarity could not be seen from the surface
within the channel. Sampling commenced at approximately 2:00 pm. GPS was used to locate
channel markers #8, #6, and #4 as reference points.
The erdsting water depth in the channel varied from four to seven feet. According to the
Applicants, we were experiencing approximately plus ten inches of additional depth due to wind
tide. Two surface divers with snorkels grabbed sample from the bottom. One of the applicants
and their consultant also snorkeled and examined the bottom. Representative samples of SAV
collected from the channel were identified, bagged, labeled, and placed on ice for transportation
to the NCDCM office where they were frozen.
Sampling started at channel marker #4 off Durants Point and proceeded toward Hatteras Estates
Harbor. Eelgrass (Zosteria marina) was found (Samples I& 2) at marker #4, Estimates of SAV
coverage ranged from 80 percent just south of the channel to 40 percent in the channel itself.
Water depth in this area ranged from five to seven feet.
Snorkeling continued and SAV was observed in a patchy distribution as we moved down the
channel. The next preserved samples were taken between markers #4 and 96 (Sample 3). In,
addition to eelgrass, Cuban shoal grass allDdule wrightu) and widgeon grass Movia maritima)
were found at this site. Coverage was estimated at 15 percent in the channel.
Preserved samples were also taken between markers #6 and as (Sample 4). Water depth varied
with a maximum of five feet. Widgeon grass was found in this area with coverage estimated at 15
percent in the channel.
The final preserved samples were taken near channel marker #8 (Sample 5). Marker #8 is located
at the intersection of the previously dredged portion of the channel and the beginning of the
marked naturalchannel. Widgeon grass was the only species found and coverage was estimated
to be between five and ten percent.
Living SAV was found throughout the channel alignment, however, the coverage was not
continuous. In some areas, particularly treat marker #8, the plants showed signs of stress possibly
from prop scaring or fl om smothering by the large quantities of unattached SAV that was
observed on the bottom.
Although a large quantity of uprooted*SAV was observed throughout the channel alignment, the
highest -quantities were observed on the bottom near channel Marker #8 and in the previously
dredged channel between marker #8 and Hatteras Estates.
£0'd L9L99T2-GTG8 01 W08d Wd9£:ZT LGGT-i5Z-60

This sampling effort clearly demonstrates that the natural channel proposed for dredging is
vegetated with SAV and is part of the extensive SAV habitat found in the vicinity of Sandy Bay.
In our opinion, dredging in this previously undredged channel, including spot dredging to deepen
specific shallow water areas, would result in a loss of SAV and is not in the best interest of fishery
resour es that utilize the project area as habitat.
If we can be of further assistance, please advise.
Sincerely,
KovizeaL_�
Ronald S. Sechler
Fishery Biologist
001d L%99T2LT6a 01 woad wd9£:ZT L66i-6.-Go

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09-08-1998 04r12PM FROM Environmental Prof. Inc
TO 1919?166767
P.02 0
Memo
Tor Dave Heater
Flan George H. Wood, CEP
GG: Ed Kurant
Date: o9maiga
RN Hatteras Estates; response to Mr. Heaters memo
I have reviewed the file and the memo from Mr. Hester. In general the 19M modified proposal is
acarate promded that the Site r a xilmm Paws rat Sl17ftntlaly cttartged sine the information was
collected on September 17, 1997. Based on my field notes of that date, Hatteras Estates Homeowners
Property Owners agaed to ramew a molded prq=W to asoel= whether they would aecW the
modified permit or continue to pursue the appeal.
1. Wftl2nance excavation of the boat Iagoon and canals to a depth of -6 feet MLW
2 Maintenance excavaabon from the boat lagoon to darnel marker 48 thaty five feet wide by
-�S feet MLW (I cannot confmn that the Current site conditions will v0ow consistent --6 MLW
aaess he section with only 300 linear feet (cumulative)).
3. New excavation allowed from martcaf #8 to marker R2 with proposed dimensions of 35
feet by-6 feet MLW ( I cannot can that Bra curent site mrx56ors win allow eonsistant
-3 foal MLW across this section with only 45V (cumulative)).
Of grpalest importance to the Hatteras Estates Property Owners is to be assured by the State that they
can depend upon a consistent 35 foot wide by -6 foot P&W drdmi t for acoess to the community.
A111=911Owe is no guarantee of fuhne approval to mah" this contrnArttg depth it is certainly implied
by the applicants and the state that any tut rs request would Iecogrtae the dw ro as existing at these
dimensl0m and 00ABidered 'essenbal to mah, n a traditional and established use' (excerpt fran
T15ANsai.o208 (b)). Further, it is implied that these dimensions will be considered the 'alginat depth
and width of the human made and nahred cl um a I that was in wftlartce betas permitting was.
necessary (excerpt from T15ANCAC.0200 (b)).
In general, fi is important that the Hatteras Estates Property Owners basins, canals and access Could
be considered for maintenance dredging at these dimensions (35 feet wide by -5 feet MLW). The
Property Owners could than plan on reasonable use of these facilities within the Iimdatlons of those
dimenaans.
• Pala 1

09-08-1993 04=12PM FROM Environmental Prof. Inc. TO 1919?16676? P.03
W dlsWssi= with the Hatteras Estates PropertY Dmters Suggests that they waald
appvdote the oppta ity to maintenance dredge the basin, gnats and access this WrIter.
appreaate yorr prompt attention to this matter and remain avalable to arswet any irgL".
I.i14i

E6 B. HUNT JR.
fERNOR
,�.,;.••" NORTH CAROLINA DEPARTMENT OF F
ENVIRONMENT AND NATURAL RESOURCES F
DIVISION OF COASTAL MANAGEMENT
c•
CL, 9
October 5, 1998
1'
MEMORANDUM
TO: Raleigh Bland -- COE
John Dorney -- DWQ
Frank Jennings -- DCM
William Wescott -- WRC
Sara Winslow -- DMF
FROM: John Parka
SUBJECT: Hatteras Estates Channel
The attached, which was prepared by David Heeter, is self-explanatory- 1"quest
but not
that
you provide this office with a clear, concise comment on the subject as soon as possible,
later than October 16th. As you will recall, this is a request by the applicant for a negotiated
settlement out of a November 1996 denial
cc: Charles Jones
Dave Heeter
NC 27604
P.O. BOX 2]687, RALEICN, NC 2]611-7687 / P]HONE 9119-733-22931ALR FAX [phone]
e. ER • 50Ye RECYCLED/IOYo POST -CONSUMER PAPER
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOY

• I . 0
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENF3IAL P. O. BOX 629
RALEIGH
27602-0629
MEMORANDUM
TO: Donna Moffitt
Charles Jones
John Parker
FROM: David Heeter -;p }�
DATE: September 23, 1998
Reply to: David G. Heeter
Environmental Division
Tel:[phone]
Fax:[phone]
[e-mail]
RE: Hatteras Estates Association's Modified Dredging Application
Attached are various materials on the original 1996 and modified 1998 dredging
proposals by Hatteras Estates Property Owners Association. They include:
1. A summary of the 1996 and 1998 dredging proposals;
2. An aerial photograph with my notations and the channel on it;
3. A letter from Ron Sechler to Richard Watts summarizing the results of
Ron's September 17, 1997, sampling; and
4. A 9/8/98 memo from George Wood to me.
Charles Jones would like to circulate the modified proposal for review before deciding
what to tell Hatteras Estates. Please ask for comments as expeditiously as possible since this
matter has been stalled for some time.

HATTERAS ESTATES PROPERTY OWNERS
1996 AND 1998 DREDGING PROPOSALS
1996 Proposal
Segment 1. Initial excavation of boat
lagoon and east and west canals predated
DFL and CAMA. Probably maintained
in past, but no excavation proposed in
1996.
Segment 2. From boat lagoon to channel
marker # 8. Permit 180-89 authorized
maintenance excavation of 800' x 20'
x-4'.Cctual excavation was 1,600' x
30' x996 application proposed
excavation of 1,600' x 50' x -T.
Segment 3. Previously undredged
channel from marker # 8 to # 2
which has been used for long
period of time. Lights maintained by
Coast Guard since 1972. 1966 applica=
lion proposed new excavation of
5,200' x 50' x -T.
1998 Modified Proposal
Segment 1. Maintenance excavation of boat lagoon
and east and west canals proposed to deptli of - 5'.
SAVs in lagoon and canals.
Segment 2. Maintenance excavation from boat
lagoon to channel marker # 8 through shallowest
area or areas northeast of marker # 8. Proposed
dimensions 300' (cumulative) x 35' x -5'.
Segment 3. New excavation from marker # 8 to
marker # 2 through shallowest area or areas just
north of marker # 4. Proposed dimensions 450'
(cumulative) x 35' x -5'.
See attached for proposed segments and results of July, 1997, SAV survey:

�.1

N
I
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Q
i=
x
dig

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINWON, NORTH CAROLINA 28402.1M
October 29, 1998
INFVLY1n
Regulatory Division
Action ID. 199604959
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
pCT 0 21998
COASTALMANAGEMEN�
This correspondence confirms your October 15, 1998, telephone conversation with
Mr. Raleigh Bland of my Washington Regulatory Field Office Staff, and the receipt of your
October 5, 1998, Memorandum requesting comments on a proposed negotiated settlement
agreement between the State of North Carolina and the Hatteras Estates Property Owners
Association, for dredging activities within Sandy Bay and the Pamlico Sound, near Hatteras, in
Dare County, North Carolina.
As pointed out by Mr. Bland, Department of the Army approval for this activity was denied
on November 20, 1996, based on the denial of required State authorizations. Prior to denial of
the permit, we received recommendations for denial from the United States Fish and Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS) copies of which are
enclosed. The Federal recommendations included determinations that the proposed dredging
activities would potentially pose substantial and unacceptable adverse impacts to aquatic
resources of national importance. Additional sampling efforts undertaken by the applicant and
NMFS in September of 1997, clearly demonstrated the presence of submerged aquatic vegetation
(SAV) in the natural channel, where the proposed dredging is to occur.
Based upon our review of the applicant's modified dredging plan and subsequent
conversations with representatives of the objecting Federal agencies, the Federal objections to
this project have not been resolved. The required Federal permit for this project cannot be issued
until the Federal objections have been addressed.

As Mr. Bland pointed out, the applicant's file has been retired. In order to pursue a Department of
the Army permit, the applicant must submit a request to reopen the file and provide a revised
application and plans for circulation during the public review process. The Corps of Engineers
will make a permit decision after that process has been completed.
Please contact Mr. Bland at [phone], extension 23, if you have any further questions
or comments.
Sincerely,
Enclosures
Copy Furnished (with enclosures):
Hatteras Estates
c/o Mr. Monnie Adams
Post Office Box 105
Hatteras, North Carolina 27943
Copies Furnished (without enclosures):
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
ic�mith, P.W.S.
Assistant Chief, Regulatory Division
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Domey
Division of Environmental Management
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
District Manager
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909

RCV BY:Wii-ingt0n ):.strict
;10-27-98 ; 18:15 ; 19199751399-* USACE-Reg, Branch;# 2
/4f4os/9,r?
United States Department of the Interior
FLSii AND WILDLM SERVICE
Raleigh Field Office
Post Office Box 33726
Rn1e1g4 Narg Carolina 2763&3726
OCtoer 11, 1996
L;.ftutenant Colonel Terry R. Youngbluth
D:.f:trict Engineer., Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
W...mington, North Carolina 28402-1890
At:t:!antiorl: Ra:.eicrh Bland
Dez:r colonel Yourlgbluth:
The: U.S. Fish and Wildlife Service (Service) has conducted a site
vi.s;it and reviewed the Field Investigation Report (FIR) and permit
aPPlication for Action I.D. 19960459. The applicant, Hatteras
Es;t.ates, ---OPCses to dredge a 7,000 ft long channel (of which 1180o
ft: is known to haves previously been dredged; the remainder may be
pre:viOUSly undisturbed habitat) in Pamlico sound. The proposal
re:F._esents a significant expansion (depth, width, and length) of
ti:.e. previously Pe:r_iitted channel. The proposal includes plans to
dispose of spoil materials shoreside near Meter Point. The spoil
material is to bee contained by earthen berms. The FIR estimates
sthe disosal
ispoiltat the te. Boththe dredging and spoil di posal site capacity f relocated in the
village cf Hatteras:, Dare County, North Carolina.
According to the FIR, uncertainty exists as to the magnitude of
Previous dredging activities in this site. The applicant claims a
historic. channel %as located in a seemingly undisturbed area. This
claim is not supported by available evidence (old charts, aerial
photos dating to the 1970s, etc.). Our observations of beds of
submerged aquatic vegetation (SAV) covering large parts of the
nearshore environment support the presumption that portions of the
proposed channel are previously undisturbed.
Further, the FIR points out that a Notice of Violation issued for
some! -previious activities in association with this housing
sublivisioll is still outstanding. '
This is, the report of the Service submitted pursuant to, and in-
accc?rdance with, ;provisions of the Fish and Wildlife Coordination.
a Act (0 Stat. -,401, as amended; 16 U.S.C. 661 et seq.) and the
En•3e.rgereci Species :act of 1973 (87 Stat. 884, as amended; 16 U.S.C.
1531 et se!q.) .
The Servic* recommends the District �;Engineer permit for the
pr_osed activities. The proposed dredging would cause direct

RCV BY:Wiltington ):.strict ;10-27-98 ; 18:15 ;
19199751399-1 USACE-Reg. Branch;# 3
adverse iuLr acts to the aquatic ecosystem, and the spoil disposal
plan, as proposed, can cause direct and indirect adverse impacts to
the same system. Bs)th parts of the proposal will adversely affect
£iSh and wildlife resources.
The' proposed dredge spoil disposal area has been heavily
manipulated. Portions of the site are naturally low-lying
estuarine marsh subject to inundation during extreme high tides or
flood events. Antlaropogenic manipulations have artificially raised
the: mean elevation of the site by filling, grading, and bulkheading
the, shoreline. Traditionally, such areas require frequent
mai.r:tenance and repair because they are subject to erosion. The
Service concludes that portions of the base of the proposed dredge
spoil, disp•aal site are highly erodible and likely to be reclaimed
to rear mean water- level in the absence of continuous maintenance
and.:^epair d.ctiVitifas. The site is inappropriate for significant
am""'ts of spoil ma'.erial without long-term care provisions.
Further, Cara propcseed spoil disposal site may not be of sufficient
volume for the amount of spoil created by the dredging project.
Acccrding to the FSF:, the generated spoil will exceed the disposal
site volume by between 50% to 100%.
The spoil ;22:om the proposed activities is likely to be returned to
the iquatic environment because the disposal site is poorly located
and has insufficient volume. The spoil will be returned in
suspension. or in slugs of sediment. In either case, it will
blan}:.et and smother SAV and sandy bottom habitat downstream of the
spoil disposal site. This blanketing effect will kill non -motile
organisms, and destroy important SAV habitat for motile organisms.
The proposed dredging is an expansion of perturbances which will
eliminate locally significant areas of SAV and sandy bottom from
the local aquatic environment. The proposed activities would also
fragnent tLea remaining habitat (although we currently -consider that
a bartign iTapaot at this time) .
Nearshore aquatic habitats which consist of large areas of sAv
intazaperseed with shallow sandy bottoms are resources of national
impoxaance. A wide variety of aquatic organisms depend on such
habi,z:at in some stage of their life history. For instance, finfish
and shellfish species are often critically dependant on the
availability and integrity of this habitat type. SAV/sandy bottom
habl•at is important. for primary and secondary production, is rich
in 017ganic aaterial .and micro-organisms, and, is a net exporter of
consumable energy for estuarine and marine ecosystems. This
habitat type is fundamentally important for biological and economic
reasons.
Theron is art active
vis;_1:, we observed
fishery
several
in the. project area.
small boats
During our site
and/or .baii:fisb.
We were
setting
told by a passerby
nets for mullet
that shrimp are
frequently netted at night in the project area and adjacent waters
as well.

RCV BY:Wilrin9ton ):.strict ;10-27-98 ; 18:16 ;
19199751399-0 USACE-Reg. Branch;# 4
The: marshlands and riparian scrublands adjacent to the project area
are: used by colonial shorebirds, wading birds, and waterfowl.
AltIVOUgh our site visit did not coincide with nesting activities,
they'Project area :!an be expected to sustain breeding colonies of
glassy ibis (Plegadis falcineilus), Louisiana heron .(Hydrannassa
tri.caalor.), snowy egret (Egretta Chula), and little blue heron
(Florida caerulea). All of these birds forage in the aquatic
environment, and cwuulatively require substantial aquatic prey for
successful recruitment'.
Additionally, the project is located in an important flyway for
shorebirds, raptors, and other avian migrants. SAV and marsh
hakitats provide these migrants with resting spots and important
forz.ging araas. These birds have a large energy requirement, and
the: function: of aquatic and wetland habitats such as exist in the
project area. is an essential source of energy for them.
The. proposedl activities will significantly degrade locally valuable
aquatic habitat directly by dredging, and indirectly by inadequate
spci:L disposal. Due to the sensitive nature of SAV/sandy bottom
hakitat, and the importance such habitat has to aquatic organisms
and Other dependant species, we believe that the proposed
acti,rities should be avoided. Therefore, we recommend that the
pera:it be dianied.
The etbove findings and recommendations constitute the report of the
Sexvice. In accordance with the procedural requirements of the
1992 404(q) Memorandum of .Agreement, Part IV.3(a), between our
agencies, wit are advising you that the proposed work may result in
substantial and unacceptable impacts to aquatic resources of
national concern.
Thank you Eor t:ais opportunity to comment on the proposed
activities. If you have any questions or comments, please call
Kevin Moody of my staff at [phone] extension 19.
Sincerely,
ohn M. Hefne
Field supervisor
CO. NCDCM, Raleigh,. NC (John Parker) -
NCDCM,. Washington, NC (Preston Pate)
NCDCM, Lli2abeth City, NC (Lynn Mathis)
NCWRC,. Raleigh,. NC (Frank McBride)
EPA, Wetlands Regulatory Program, Atlanta, CA (Thomas Welborn)
NMFS, iaeaufort, NC (Larry Hardy)
FWS/:,:4:KMootlyvKn/icl/11/95:919/856-4520 ext. 19:8;\Hatteras

RCV BY:Wiltington 7:.Wict
110-27-98 i 18:14 19199751399y USAGE -Reg, Branch;# 1
w p"LI A9:fRin1
ReCEIV ED
United States Department of the Interior�� 4 1996fi
FISH AND WILDLIFE SERVICE r;Gl1UATGRY KAMP"
1875 Century Boulevard
Atlanta Georgia 30345
PCT30W 12'136
Action: CO-R
CF: CO-Ops
Cclouel Term• it. Youngl)luth DE
Di3tdct Engineer DD
U: 3, ,Army Corps of Engineers DX
Pri Office East 1890
Wilinington, North Caroiina 28402-1890
1E,: Public ldotice 1996(459, Hatteras Estates, Dare County, North Carolina
Dear Col. Yout.gbluch:
In accordance wits the 1992 404(q) Memorandum of Agreement (moA)
between our agencies, the enclosed letter report provides the
reccmmendir-ions cf-the Department of the Interior in response to
the abcve application for a Department of the Army Permit.
Pursuant to Part IV.3(b) of the MOA, I have determined that the
proposed work will have substantial and unacceptable impacts on
aqa tic re::ources of national importance if permitted as.
spaWified in the pt:blic notice, without incorporating our
re7_-tmmendat:`_ons. = strongly encourage a mutual resolution'of the
ida:-.tified wetland wildlife concerns at the field level prior to
yo•a::• decizilon to : ensue the permit.
Enr::_osure
4
Since ely yours,
llhNoreen K. Clough
Regional Director
ON

RCV BY:Wiliington ):.strict <10-27-98 ; 18:18 19199751389y U5ACE-Reg. Branch;# 3
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE .
southeast Regional Office
9721 Executive Center Drive North
St. Petersburg, Florida 33702
September 11, 1996
Lt, Colonel Terry R. Youngbluth
Diw:rict rr..gineer, Wilmington District
Department of the Army, Corps of Engineers
P. Q. Box 1890
Wiliaingtorl, North Carolina . 28402-1990
AtlIgntion Jlkleiah Bland
Dear Lt. C:clonel Youngbluth:
In accordance with Part IV, Section 3(a) of the current Memorandum
of agreement betweten the Departments of Commerce and the Army, I am
not.,: fying you of the National Marine Fisheries Service's (NMFS)
intent to consider referral of Department of the Army (DOA) permit
app:ication 199606959(GP) dated August.23, 1996. At issue is a
reci est by Hatteras: Estates to maintain an existing channel and
excavate a new chancel in Sandy Bay at Hatteras, Dare County, North
Carolina. The purpose of the project is to increase the length,
width, and depth of the boating access channel to Hatteras Estates
subdivision. This letter details reasons (1) why there .may be
substantial and unacceptable adverse impacts to aquatic resources
of nationa� importance; and (2) why issuance of the specified
permit must be conditioned or denied to protect these resources.
The proposad project consists of using a hydraulic dredge to
maintain an existing 1,800-foot=long by 30-foot-wide access channel
and construct a new 5,200-foot-long by 30-foot-wide channel. The
current dsp`:h in these channels range from three- to five -feet -deep
at nean logy,• water ('MLW). The applicant proposes to establish a
deF.t!7 of :even feet MLw throughout the channel alignment,
Approximately 45,000-cubic-yards of dredged material would be
depc-sited in an uplimd disposal site.
The.1474FS co7lducted an on -site investigation of the project area in
reaFonse to a 19E9 permit request by Gamaliel Ballance (Public
Notice No. 89 N-028-0328). Our current review included an
exani,nation of rec:elt aerial photography of the project area and
coczdinati-on With cur Beaufort Laboratory staff. Based on the
above., Are believe that this project would adversely impact living
marine resources of national importance.
Sandy_ Bay, a shallow: embayment north of Hatteras village, is
directly connected to the waters of Pamlico Sound.. Submerged
iaquatic vc.getatiosx ,(SAV) is found throughout the project area
including the propc-sed channel alignment. Areas of SAV are of J

RCV SY:Wiliington 7°.etrict .;10-27-88 18:18 ; 1918975i389y USACE-Reg. Branch;# 4
/ 7140V"
speCial concern to the NMFS since they constitute an aquatic
resource of national importance. SAV provides essential forage and
nu:::sery sites for a variety of estuarine dependent species many of
whii:h are of comrercial and recreational importance. SAV is a
soe:::ae of primary production and provides detritus that is an
important component in the aquatic food chain. It also functions
to maintain good water quality upon which fishery resources are
dependent.)
Spot_ (Lei.cstoxpus xanthurus), Atlantic croaker (M}cropogonias
undo atus), spot-ed seatrout (Cvnoscion nebulosus), weakfish
(C+n_ioscio,;A reaal.Ls), red drum (Sciaenoos ocellatus), shrimp
(2-ta—meus spp.), bay scallop (Arcopecten irradians), and blue crab
MA-11inect.es sabidus)' are characteristic inhabitants of seagrass
me:eciows. :?ost lazva1 and juvenile red drum depend of SAV for
essential feeding habitat and protection from predators .2 These
species are. identified in Section 906(e)(i) of the Water Resources
Del-Mlopment Act of 1989 (PL 997602) as species of "national
economic importance.11
Red drum tLte currently under Federal management pursuant to the
Magnuson Fishery Conservation and Management Act. A fishery
management plan (PMP) for shrimp has been Aeveloped by the South
At_.aurtic Fishery Management Council (SAFMC) because shrimp stocks
are: reduced. Addi:ionally, the Mid -Atlantic Fishery Management
Cotu:cil, i.re cooperation with the SAFMC, has developed FMPs for
suxviar flounder. The FMPs for red drum, shrimp, and flounder
specify rigorous nanagement and protection of the managed species
and their essential habitat.
The: proposed project would alter a total of'.8.3 acres of shallow
wat:e:r habitat that supports SAV. Some 5.97 acres of the total is
in F:reviously undredged areas between channel marker #8 and marker
>#2 rear Durants Paint. The NMFS is opposed to work that adversely
impacts .habitat that supports living marine resources.
Tra-6itionally, navigation in this area required no more than four
feet. of depth at biLW. Since the current depth throughout the
proposed channel alignment is near or below this depth, we question
the: need for the oroposed deepening.. In addition, we understand
t thea Notice -of -Violation on previous work in 1989 in the project
area remains unresolved.
'Thayer, G.W.,°W.J. Kenworthy, and M.S. Fonseca. 1984. .The
eccl<agy of eelgrass meadows of the Atlantic coast: a community
prcfile. TI.S. Fish. and Wildl. Ser. FWS/OSS-84/02.
'Holt, U., C.L. Kitting, and C.R. Arnold. 1983. Distribution
of yhung zed eiMum among different sea grass meadows.. Trans. Am.
Fish.. Sac. 112.267-271.

RCV BY:Wilrington 7'..,Wict ;10-27-98 ; 18:19 ; 18199751399-4 USACE—Reg, Branch;# 5
The alteration of SAV habitat when less damaging alternatives are
ava-lable is unacceptable. We believe that this work, as presently
proposed, will be detrimental to aquatic resources of national
importance that utilize sandy Bay as habitat. Therefore, the NMFS
recommends that federal authorization for this work not be granted.
We would ::;?assess our position if the project is revised to be
consistent with the 1989 permit proposal. Furthermore, we
recommend that the Notice -of -Violation be resolved prior to any
Consideration of any federal authorization.
We zLppreciate the opportunity to provide these comments.
CM AndYeas Mager f/Tr.
Assistant Regional, Director
Habitat Conservation Division
cc: FWS, A.PLA, GA
FWS, Raleigh, 1qC
EPA, ATLA, Gli
NCDEHNF.I, Raleigh, NC
NCDE[3NP, Morehaad city, Nc
SAFMC, Charles-Zon, SC
F/SE02

RCV BY:Wiltington 7.,1rict ;10-27-98 ; 18:17
"'a OFr
O ti�
Lt. Colonel Terry R. Youngbluth
Distrkl.t Engineer, Wilmington District
Department of the Army, Ccrps of Engineers
P. O. 13ox l89{)
Wilnrington,'North Carolina. 28402-1890
Deus Lt. Coliw,el Youngbl.uClr
19199751398-4 USACE-Reg, Branch;# 1
UNITED STATES DEPARTMENT OP COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive N.
St. Petersburg, Florida 33702
SEP 2 7 19% RECEiVED
„*
u�i +{;7u
'ifG11LA7f1RV R>7,1+!{°fr
Please: reference Public Nor_ice 199604959(GP) and our September 11, 1996, letter (copy enclosed)
eonc4nTiing an application by Hatteras Estates to perform work near Hatteras, Dare County, North
Carol:na. As giecified in Part IV.3(a) of the 1992 404(q) Memorandum of Agreement (MOA)
betw,en our agencies, the enclosed letter advises that activities specified in the public notice may
adversely affect aquatic resources of national importance.
Pursuant to Part IV.3(b) of the MOA, I have reviewed the findings of my field staff and I have
detcrnined that :he proposed work will substanftally and unacceptably impact nationally important
aquatic resourccz;. I reque;;t that,you fully consider the views and recommendations of the National
Matyne Fisheries Service in making your final decision. I also encourage continued efforts to resolve
this matter at the: field level and have requested that my field staff cooperate in any related efforL
Sincerely,
Administrator
Enclosure
® NnCd Or P vU)Oted Papei f`9ZJ{(4 p
� LZ1S

RCV BY:Wi I Tington ):.strict I10-27-98 ; 18:18
19199751M-+ USACE—Reg, Branch;# 2
cc:
FW'S, ATLA, GA
SYS, Raleigh, idc
EP,k. ATLA, t;Y.s,
NCC E JNR, r:aleigh, NC
NCr- HNR, hlorche3d City, NC
SAv1C, Charleston, SC
F/SI 021
F/i:):1 - Susav Stedman
4

RCV BY:Wiltingtor- ):.strict ;10-27-98 ; 18:12 ;
IV/v r r'J t
Stc.t;a of Ncilh Carolina
Dep-cirtment of Envirprment,
Heolth and Natural Resources
DMsl:an of Coastal Management
Jariss S. Hurt, Jr., Governor
Jor c than 8, Howes, Secretary
RogprN. Scha%::ter, Director
November 12, 1996
fir AY i
Retuni Receipt Requested
Hatt,nas Estates 'Prape.rty Ovmers Association
c/o Monnie Adams
P. O. Box 105
Hatt:tas, NC 27')43
Dear. :`,4r. Adann: :
191997513W USACE-Reg. Branch;# 2
W 14 1996
.This letter is with reference to your application for permdts under the Coastal Area
Mans;,ement Act f,CAMA) and the state dredge and fill law to carry out channel maintenance and
expansion and new channe:. excavation in Sandy Bay and Pamlico Sound, to near Durants Point,
off c f Tiatteras :Estates, Hatteras Village, in Dare County. Processing of your application, which
was mxived one August 9, 1996 and for which notice of extended review was provided on October
30, .S96, is now complete. Rased on a coordinated state and Federal agency review, the Division
of Coastal Management hzs made the following findings:
1) The section of existing channel proposed to be maintained is about twice the size
of that permitted xmder CAMA Permit No. 186-89, i.e., 800' x 20' x 4' permitted
as oppos!d to 1600' x 30' x 6' actually constructed. Maintenance and enlargement
is propo„ed at 1600' x 50' x 70';
2) The proposed 5200' of new channel projected north toward Durants Point is deter -
rained to be aligned ever bottom not disturbed by excavation during the history of
the state regulatory program. Photography as old as 16 years provides no evidence
of an improved clmm%ei;
3) The entire project;proposal would disturb some 350,000 sq. ft. or 8 acres of sandy
shallow water habitat with 260,000 or 6 acres in the area described as new work
in item 2, above;
FAX9i9-733-1495
Raleigh. North Carolina 27611-7637 r f An Equal OPPortunfly/AfflrmaWe
VOIC091S�r33r2293 err• and __ -
Action Employer

RCV BY:Wiliington ):•strict
110-27-98 ; 18:12 19199751399-4 USACE—Reg. Branch;# 3
Mr, lvlonnie Adorns
Page 2
November 12, 1.5196
4) The near shore agwtti:: habitats through which the channel is proposed consist of
large area:; of submerged aquatic vegetation (SAVs) interspersed with shallow
bottoms aIlch are considered resources of national importance. SAV/sandy bot-
tom habits.[ is importa:at for primary and secondary production, is rich in organic
material and micro-organisms, and, is a net exporter of consumable energy for
stuarin , and marine ecosystems. This habitat type is fundamentally important
for biolog cal and Lconomic reasons. The vital importance of this habitat is well
3ocumer.w1s;
5) Turbidity resuldng from project activity would adversely impact fish and verte-
brates lit fie area;
6) Review agencies expressed concern over the inadequacy of the spoil area.
Lxpericr.o- has shoUM that undersized spoil containment areas can result in
additiotud turbidity, due to lack of settlement time; and in a worse case -dike
failure;
7) :During the course of the review, three Federal and four state agencies objected
10 the project with the exception that the existing channel could be maintained
as originally authorized;
8) 'The Divis`.on of Wates Quality determined that authorization of the project
would vio:.ate Antideg.-adation Water Quality's standards as approved by the
Environtni:ntal Management Commission;
9) The Wildlife Resources Commission determined the project proposal inconsis-
:ezt with the agency's Policies and Guidelines for Conservation of Wetlands and
.Aquatic :Habitats;
10) The project proposal has been determined to be inconsistent with the following
Partial l stag of the Rules of the Coastal Resources Commission: a) T15A: O7H.
O2O6(c) Management objective for estuarine waters is to conserve and manage
:he important features so as to safeguard and perpetuate their biological and
oconomb, values; b) .02O8(a)(2)(A) requires that the location and design of the
.:)roject be consistent urith the management objective; c) .O2O8(a)(2)(B) requires the
aermit-letting authority to find that the location and design of the project will have
.a minimum adverse impact upon the productivity and biologic integrity of beds of
submerg,.-O aquatic'lrer;etation; d) .O2O8(a)(2)(C) requires that development not

RCV BY:WilTington ]:,strict
;10-27-98 ; 18:13 19199751399y USACE—Reg. Branch;# 4
Mr. I fonuie Akins
Page 3
November 12., 1996
Aolate 'Neater Quality Standards; e) .0208(b)(1) requires that channels avoid
beds of submerged aquatic vegetation; f) .0208(b)(1)(D) requires that the width
of the charnel shall be a minimum required to meet the applicant's needs; g) .0208
03)(1)(1)1 '
iv) requires that where excavated channels are aligned through areas of
the aquatic vegetation, the original depth and width will not be increased to allow
a new or expanded u:;e; and h) N.C.G.S. 113A-120(a)(10) which requires permit
denial is any case he project would contribute to cumulative effects that would
be inconsistent with the state guidelines.
Based can the foregoing findings, it is necessary that your application fora permit under
the CIUMA and the state dredge and fill law be denied under N.C.G.S. 113A-120(a)(8) which
requires denial of the application for a permit in any case the proposal is found inconsistent with
the state guidelim for Areas of Environmental Concern and N.C.G.S. 113-229(e)(5) which
proNides for deni; d upon finding a significant adverse impact on estuarine resources.
Staff are available: to advise you as to the procedure for applying for maintenance
authorization for the existing channel, should you be interested,
If you with to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing befote an Administrative law Judge who listens to the evidence and arguments of both
parties and theu.makes a wo)mmendation to the Coastal Resources Commission. Your request
for s. h oaring man be in thy. form of written petition, complying with the requirements of Chapter
15013 of the G.nerai Statutes of. North Carolina, and must be filed with the Office of
Administrative Hearings, 11. 0. Drawer 27447, Raleigh, NC 27611-7447 [phone] within
Merit/ days of tWs decision on your permit application, A copy of the petition should be filed
with ttis office.
Also, you should be .advised that as long as this state permit denial stands, your project
mus::')e deemed inconsistent: with the N. C. Coastal Management program, thereby precluding
issumce of Federal permits for this project. The Federal Coastal Zone Management Act of 1972
(C210A) gives :he right to api?eal this fording to the U. S. Secretary of Commerce, within 30 days
of recaipt of this Ietter. Your appeal must be based on the grounds that the proposed activity is
(1) co.3sistent viith the objectives or purposes of the CZMA, or (2) is necessary in the interest of
natioxaI security; and thus, may be federally approved.

RCV BY:Wiliington )'.strict ;10-27-98 1 18:13 19189751399-4 USACE-Reg. Branch # 5
Mr. D9;onnie Adswas
Pago .a.
November 12, 1996
If you Lave any questions concerning this matter, please contact Mr. John Parker at
919MO-2293, P. 0. Box 27687, Raleigh, NC 27611.
cc: Mr. Jeffery Benoit,. Director
OCRM.I`1OAA
Silver :Spring, MD
Lieutenant Colonel Terry A. Youngbluth
Corps of Engineers
Wilmingi:on NC
u
Sincerely,
Roger . checter

�a
State of North Carolina
MICHAEL F. EASLEY Department of Justice Rnr n David i Heater
Envviironmental Division
ATTORNEY GENERAL P. O. BOX 629 Tel: [phone]
RALEIGH Fax: [phone]
27602,0629 [e-mail]
I� 1*V [I]L7\0 oil]a I
TO: Donna Moffitt
Charles Jones
John Parker
FROM: David Heeterp 0-
DATE: September 23, 1998
SEP 2 9 1998
COASI"AL MANAGEMENT
RE: Hatteras Estates Association's Modified Dredging Application
Attached are various materials on the original 1996 and modified 1998 dredging
proposals by Hatteras Estates Property Owners Association. They include:
1. A summary of the 1996 and 1998 dredging proposals;
2. An aerial photograph with my notations and the channel on it;
3. A letter from Ron Sechler to Richard Watts summarizing the results of
Ron's September 17, 1997, sampling; and
4. A 9/8/98 memo from George Wood to me.
Charles Jones would like to circulate the modified proposal for review before deciding
what to tell Hatteras Estates. Please ask for comments as expeditiously as possible since this
matter has been stalled for some time.

HATTERAS ESTATES PROPERTY OWNERS
1996 AND 1998 DREDGING PROPOSALS
1996 Proposal 1998 Modified Proposal
Segment 1. Initial excavation of boat Segment 1. Maintenance excavation of boat lagoon
lagoon and east and west canals predated and east and west canals proposed to depth of - 5'.
DFL and CAMA. Probably maintained SAVs in lagoon and canals.
in past, but no excavation proposed in
1996.
Segment 2. From boat lagoon to channel
marker # 8. Permit 180-89 authorized
maintenance excavation of 800' x 20'
x 4. Actual excavation was 1,600' x
30' x -6'. 1996 application proposed
excavation of 1,600' x 50' x -T.
Segment 3. Previously undredged
channel from marker # 8 to # 2
which has been used for long
period of time. Lights maintained by
Coast Guard since 1972. 1966 applica-
tion proposed new excavation of
5,200' x 50' x -7.
Segment 2. Maintenance excavation from boat
lagoon to channel marker # 8 through shallowest
area or areas northeast of marker # 8. Proposed
dimensions 300' (cumulative) x 35' x -5'.
Segment 3. New excavation from marker # 8 to
marker # 2 through shallowest area or areas just
north of marker # 4. Proposed dimensions 450'
(cumulative) x 35' x -5'.
See attached for proposed segments and results of July, 1997, SAV survey.
0

,. ;.
�� .f '.
__ ,. ��- e

Title 15A Coastal Mariagement 7FLO208
and important natural erosion barriers (cypress fringes, marshes, clay
soils).
(C) Development shall not violate water and air quality standards.
(D) Development shall not cause major or irreversible damage to
valuable documented archaeological or historic resources.
(E) Development shall not measurably increase siltation.
(F) Development shall not create stagnant water bodies.
(G) Development shall be timed to have minimum adverse signifi-
cant affect on life cycles of estuarine resources.
(H) Development shall not impede navigation or create undue inter-
ference with access to. or use of, public trust areas or esmarine waters.
(3) When the proposed development is is conflict with the general
or specific use standards set forth in this Rule, the CRC may approve
the development if .the applicant can demonstrate that the activity
associated with the proposed project will have public benefits as identi-
fied in the findings and goals of the Coastal Area Management Act
that the public benefits clearly outweigh the long range adverse effects
of the project that there is no reasonable and prudent alternate site
available for the project and that all reasonable means and measures
to mitigate adverseimpacts of the project have been incorporated into
the project design and will be implemented at the applicant's expense.
These measures taken to mitigate or minimize adverse impacts may
include actions that will:
(A) minimize or avoid adverse impacts by limiting the magnitude
or degree of the action;
(B) restore the affected environment; or
(C) compensate for the adverse impacts by replacing or providing
substitute resources.
(4) Primary nursery areas are those areas in the estuarine system
where initial post larval development of fmfish and crustaceans takes
place. They are usually located in the uppermost sections of a system
where populations are uniformly early juvenile stages. They are offi-
cially designated and described by the N.C. Marine Fisheries Commis-
sion in 15A NCAC 3B .1405 and by the N.C. Wildlife Resources Com-
mission in ISA NCAC 10C .0110.
(5) Outstanding Resource Waters are those estuarine waters and pub-
lic trust areas classified by the N.C. Environmental Management Com-
mission pursuant to Title 15A. Subchapter 2B .0216 of the N.C. Admin-
istrative Code as Outstanding Resource Waters (ORW) upon finding
that such waters are of exceptional state or national recreational or eco-
logical significance. Inthose estuarine waters and public trust areas
classified as ORW by the Environmental Management Commission
(EMC). no permit required by the Coastal Area Management Act shall
be approved for any project which would be inconsistent with applica-
ble use standards adopted by the CRC. EMC, or Marine Fisheries Com-
mission (MFC) for estuarine waters. public trust areas, or coastal wet-
lands. For development activities not covered by specific use standards.
no permit shall be issued if the activity would, based on site specific
information. umterially degrade the water quality or outstanding re-
source values unless such degradation is temporary.
(6) Beds of mbmereed aquatic vegetation (SAV) are those habitats
in public trust and estuarine waters vegetated with one or more species
of submergedt vegetation. Tbese vegetation beds occur in both subtidal
and intertidal :ones and may occur in isolated patches or cover exten-
sive areas. In either case, the bed is defined by the presence of above -
sound leaves or the below _ground rhizomes and propamles. In def in-
ipg SAVs. the CRC recognizes the Aquatic Weed Control Act of i991
tG.S. t 13A 220 et. seq.) and does not intend the SAV defmition and
its implementing mles to apply to orconflict with the non -development
(b) Specific Use Standards
(1) Navigation channels. canals. and boat basins shall be aligned or
located so as to avoid primary nursery areas highly productive shellfish
beds, beds of submerged aquatic vegetation, or significant areas of reg-
ularly or irregularly flooded coastal wetlands.
(A) Navigation channels and canals may be allowed through narrow
fringes of regularly and irregularly flooded coastal wetlands if the loss
of wetlands will have no significant adverse impacts on fishery re-
sourees, water quality or adjacent wetlands, and. if there is no reason-
able alternative that would avoid the wetland losses.
(B) All spoil material from new construction shall be confined land-
ward of regularly and irregularly flooded coastal wetlands and stabi-
lized to prevent envy of sediments into the adjacent water bodies or
marsh.
(C) Spoil from maintenance of channels and canals through irregular-
ly flooded wetlands shall be placed on non -wetland areas, remnant
spoil piles, or disposed of by a method having no significant longterm
wetland impacts. Under no circumstances shall spoil be placed on regu-
larly flooded wetlands.
(D) Widths of the canals and channels shall be the minimum required
to meet the applicant's needs and provide adequate water circulation.
(E) Boat basin design shall maximize water exchange by having the
widest possible opening and the shortest practical entrance canal.
Depths of boat basins shall decrease from the waterward end inland.
(F) Any canal or boat basin shall be excavated no deeper than the
depth of the connecting channels.
(G) Canals for the purpose of multiple residential development shall
have:
(i) no septic tanks unless they meet the standards set by the Division
of Environmental Management and the Division of Environmental
Health;
(ii). no untreated or treated point source discharge;
(iii) storm water routing and retention areas such as settling basins
and grassed swales.
(H) Construction of finger canal systems shall not be allowed Canals
shall be either straight or meandering with no rieht angle comers.
(I) Canals shall be designed so as not to create an erosion hazard
to adjoining property. Design may include bulkheading, vegetative sta-
bilization, or adequate setbacks based on soil characteristics.
(n Maintenance excavation in canals. channels and boat basins with-
in primary nursery areas and beds of submerged aquatic vegetation
should be avoided. However. when essential to maintain a traditional
and established use. maintenance excavation may be approved if the
applicant meets all of the following criteria as shown by clear and con-
vincing evidence accompanying. the permit application. This Rule does
not affect restrictions placed on permits issued after March 1. 1991.
(i) The applicant demonstrates and documents that a water -depen-
dent need exists for the excavation: and
(ii) Thereexistsa previously permitted channel whichwas
constructedor maintained under permits issued by the State or Federal
government. If a natural channel was in use, or if a human -made chan-
nel was constructed before permitting was necessary, there shall be
clear evidence that the channel was continuously used for a specific
purpose: and
(iii).,Excavated material can be removed and placed in an approved
disposal area without significantly impacting adjacent nursery areas
:rod beds of >ubinersal aquatic vegetation: and
(iv) The original depth and width of a human -made or natural chan-
nel will not he increased to allow a new or expanded use of the channel.
(�74_'a^'m 1:r .. _
Page 535 SWpi® 96 Numbu 6:lout 1996

11NMED BTATEB DEPARTMENT DF COMMERep
Nolionol givanio and AlmoapWo Aftinlankn
NATIONAL MARINE FISHERIES SERVICE
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
September 22, 1997
Mr. Richard Watts, District Manager
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
Dear Mr: Watts:
This letter is in reference to our September 17, 1997, on -site inspection and efforts to sample
submerged aquatic vegetation (SAV) associated with the proposed Hatteras Estates Home
Owners Association (Action ID No. 199604959) access channel in Pamlico Sound near Hatteras,
Dare County, North Carolina. At your request the following observations concerning this
meeting and our SAV sampling efforts are provided for your consideration.
On September 17, 1997, I met with Richard Watts, North Carolina Division of Coastal
Management, Eric Diaddorio, North Carolina Division of Marine Fisheries, and Dave Heeter,
Attorney, North Carolina Division of Coastal Management (NCDCM) to examine the natural
channel proposed for dredging to provide improved access to the Hatteras Estates Subdivision in
Hatteras, Dare County, North Carolina. Mr. George Wood, consultant for the applicants, and
several property owners accompanied us while investigating the channel. We used the applicant's
28 foot boat for access to the proposed 5,500-foot-long by 30-foot-wide by.5-foot-deep channel.
Maintenance dredging of approximately 1,500 feet of the channel between Hatteras Estates and "
channel marker 98 was completed in 1990. Additional unauthorized dredging occurred at this
time, however, the responsible party is unclear.
At issue is the denial by both the NCDCM and the Corps of Engineers of a request to authorize
the dredging of the previously undredged 4,000-foot-long area located between channel markers
#8 and #4. As a result of the denial of the permit application, the project may be the subject of an
appeal before an administrative law judge pursuant to the Coastal Area Management Act
regulations.
At the request of the applicants, we accompanied them to the nearby Coast Guard Base, Cape
Hatteras. Coast Guard staff indicated that they do maintain the aids to navigation that mark the
channel and that they do on occasion have calls to assist boaters in the area
Aerial photography of the area and prior on -site inspections indicated that SAV was common -
throughout the area. The purpose of our inspection was to determine if SAV was located within
the channel alignment. The National Marine Fisheries Service has previously indicated, in
Z0'd
L9L99T2-6T68 01 WDzld WdS_:ZT L66T-6Z--G6

comments on the original public notice that the area proposed for dredging Is SAY habitat.
However, the presence of SAV within the channel alignment had not been documented.
Low tide at Hatteras Inlet occurred at 2:20 pm. The weather was clear with a light wind. The
water was turbid with visibility estimated to be about two feet. SAV was observed in adjacent
shallow water areas but because of the lack of water clarity could not be seen from the surface
within the channel. Sampling commenced at approximately 2:00 pm. GPS was used to locate
channel markers 48, #6, and #4 as reference points.
The existing water depth in the channel varied from four to seven feet. According to the
applicants, we were experiencing approximately plus ten inches of additional depth due to wind
tide. Two surface divers with snorkels grabbed sample from the bottom. One of the applicants
and their consultant also snorkeled and examined the bottom. Representative samples of SAV
collected from the channel were identified, bagged, labeled, and placed on ice for transportation
to the NCDCM office where they were frozen.
Sampling started at channel marker #4 off Durants Point and proceeded toward Hatteras Estates
Harbor. Eelgtass (Zosteria marina) was found (Samples 1& 2) at marker #4. Estimates of SAV
coverage ranged from 80 percent just south of the channel to 40 percent in the channel itself.
Water depth in this area ranged from five to seven feet.
Snorkeling continued and SAV was observed in a patchy distribution as we moved down the
channel. The next preserved samples were taken between markers #4 and 96 (Sample 3). In
addition to eelgrass, Cuban shoal grass llWule wrighth) and widgeon grass (tuppia maritime)
were found at this site, Coverage was estimated at 15 percent in the channel.
Preserved samples were also taken between markers #6 and i8 (Sample 4). Water depth varied
with a maximum of five feet. Widgeon grass was found in this area with coverage estimated at 15
percent in the channel.
The final preserved samples were taken near channel marker #8 (Sample 5). Marker #8 is located
at the intersection of the previously dredged portion of the channel and the beginning of the
marked natural channel. widgeon grass was the only species found and coverage was estimated
to be between five and ten percent.
Living SAV was found throughout the channel alignment, however, the coverage was not
continuous. In some areas, particularly near marker #8, the plants showed signs of stress possibly
from prop stating or from smothering by the large quantities: of unattached SAV that was
observed on the bottom.
Although a large quantity of uprooted SAV was observed throughout the channel aligament, the
highest quantities were observed on the bottom near channel Marker #8 and in the previously
dredged channel between marker #8 and Hatteras Estates.
E0'd L9L99TLGT68 01 14MU Wd9£:ZT L66T-iS7---G0

This sampling effort clearly demonstrates that the natural channel proposed for dredging is
vegetated with SAV and is part of the extensive SAV habitat found in the vicinity of Sandy Bay.
In our opinion, dredging in this previously undredged channel, including spot dredging to deepen
specific shallow water areas, would result in a loss of SAV and is not in the best interest of fishery
resources that utilize the project area as habitat.
If we can be of further assistance, please advise.
Sincerely, Q
`(iya,tre&�--
Ronald S. SecUer
Fishery Biologist
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09-08-1998 04c12PM FROM Environmental Prof. Inc. TO 19197166767
Memo
'tit: Dave Heater
Florae George H. Wood, CEP
ca Ed Kurant
lbm Hatteras Estates; response to Mr. HesWs memo
I have reviewed the file and the memo from Mr. Hester. In general the 199e modified proposal is
awe provided that the sta gan0bom Pam not m&Aantialty dianged Since the information was
Calon September 17,1997. Based on my field notes of that date, Hatteras Estates Homeowners
Property Owners sgreed to review a mpffled pqx" to aswr= whether they Would axept the
modified permit or continue to pursue the appeal.
it is my undeestandirrg that the State would favorably consider the 1998 rrtodfied proposal to a[bvr.
1. MAirttehanoe excavation of the Croat lagoon and canals to a depth of -5 fed MLW
2. Maintenance excavation from the boat lagoon to channel maker #8 thirty five feet wide by
-5 feet MLW (I cannot confmn that the arrent site conditions will allow wnsistent --8 MLW
across this section With mtly 300 linear feet (arnuiafive)).
3. New excavation albwed from marker #8 to marker #2 wilh proposed dimensions of 35
Let by -6 feet MLW ( I cannot corrfirrrr tttat the cu rant site cog Ki im will allow consistent
--5 foot MLW across this section with only 45V (wmWaiive)).
Of greatest itiQotWM to the Hatteras Estates Property UMWO is to be assured by the State that they
can depend upon a consistent 35 foot wide by -5 foot mm channel for access to the community.
Although there is no guarantee of hdLm approval to maintain this.nontroAirtg depltl it is Certainly implied
by the applicants and the state that any future request would recognm the chattel as emsting at these
dimension end Wrtsidered 'essential to main n a tradtional aid established use' (excerpt from
715ANaaimco (b)). Further, it is implied heat these dimensions wai be considered the 'original depth
and YAM of the human made and nahral dtar , ' that was in existence 'before permitting was
necessary (excerpt ftom T15ANCAC.0206 (b)). ,
In general, it ie impatat[ that the Hatteras Estates Property Owners' basics, canals and access Cpdd
be oonsiderad for maintenance dfedging at these dimensiou (35 feat wide by -5 feet MLW). The
Property Owners could than pier on reascruUe use of these faaktms within the limitah" of #Me
dimensions.
• pager t
P.02 0

09-08-1998 04!12PM FROM Environmental Prof. Inc. TO
19197166767 P.03
My disaiSsms with the Hatteras Estates Property Owners repre9entativB Sllgya = that Ctsy would
appreciate the oppaGaniry to maintenance dredge the basin, canals and access this winter. 1
appreciate your prompt attention to this matte and ranwitt walable to answer any inqui Y.
Tl1Tl�I 1'f fi9

CAMA/D & F APPLICATION DCM — 1/14/97
File Record
HATTERASESTATES
1) Application -- dated 4/17/96, includes 5 plans, cover letter and copy of 1989 permit for
near -shore area. (Considered complete on 7/26/96 with Miles Daterman letter).
2) Deed -- for spoil area -- W. Z. Burrus, 10/5/61.
3) Adjacent Marian Owner Notifications.
4) Burrus letter on spoil area -- 8/9/96.
5) Field Report-- dated 8/13/96.
6) Public Notice -- requested to publish on 8/27/96.
7) Acknowledge letter -- dated 8/20/96.
8) CAMA Notice.
9) Processingrecord ecord with all state agency comments
10) Extension letter -- dated 10/30/96.
11) Federal comments, processing record, and COE final position dated 11/4/96.
12) Denial letter -- dated 11/12/96.
13) COE letter to applicant acknowledging state denial.
14) Certified Mail Receipts
15) Processing notes
16) Photocopies for file use. (1995 flight).

., DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hatteras Estates
i
2. LOCATION OF PROJECT SITE: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. The project site extends from Hatteras Estates in Sandy Bay to
Durants Point in the Pamlico Sound.
Photo Index - 1995: 172-1758: A-G17, G18, H19, 120, J21
1989: 189-1: B-C8&9, D10&11, E-H12, I-M13, O-R14, R-V15
State Plane Coordinates - X: Between 550575 and 556000 Y: Between 2991799 and 2993225
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 26, 1996 (Completed: August 9, 1996)
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Water, Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Shallow Water Bottom
High Ground Spoil Site
350,000 sq. ft.
1 131,250 sq. ft.
(D) Total Area Disturbed: 481,250 sq. ft (11.048 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants would like to dredge 1,800' of and existing channel and
5,200' of new channel from Hatteras Estates at the eastern most canal, and around the bulkhead to
the west and turn in a northeasterly direction into Sandy Bay. The channel will follow an existing set
of Channel Markers (#8, #6, and #4) and will terminate near Durants Point, just south of Marker 2.

Hatteras Estates
Page 2
Bio Report
PROJECT SETTING
The project site begins at Hatteras Estates adjacent to two man-made canals created in the
mid 1960's. The canals are located adjacent to Shoal Drive and Pamlico Drive, Hatteras
Village, Dare County. A remnant channel extends around Hatteras Estates into Sandy Bay,
terminating at Channel Marker 8. Additional Channel Markers extend from the remnant
channel, beginning at Marker 8 and terminating just south of Marker 2 adjacent to Durants
Point.
The shoreline along Hatteras Estates is completely bulkheaded. To the east, across the canal
from Pamlico Drive, is property belonging to a Mr. Edward Austin. The shoreline along the
Austin property is composed of debris with intermittent upland vegetation. A breakwater
structure extends out into the mouth of the canal and is composed of wood and rock material.
The dredge project will begin on the waterward side of the breakwater structure.
The applicants wish to extend the channel from Sandy Bay to Durants Point, in the Pamlico
Sound. The water in this area is classified as SA and is closed to shellfishinng at the time.
Water depths along the channel in Sandy Bay range from (-3.5) to (-5 )
Marker 8. Depths between Marker 8 and Marker 6 range from (-3.3') to (-4.2% while,
depths between Marker 6 and 4 range from (-3.7') to (-4.4'). The final section to be dredged
inates at a proposed connecting depth of (-7').
currently exceeds (-5')in depth and term
The dredge spoil site is located adjacent to the proposed channel, between Marker 8 and 6,
near the mouth of Muddy Creek. Previously permits have been issued for this site in
conjunction with a number dredging projects. In 1972 a the site was permitted to William Z.
Barrus by the Department of Conservation and Development (#623). The Barrus property
also received three CAMA Major Permits to receive dredge material. Previous permits issued
to the property include #67-82, #139-88 and #180-89. CAMA Major Permit #139-88 is
currently active and will expire on December 31, 1996. The site is vacant
rattthis time with
the exception of a partial berm along the north and west sides of the roey. The Barrus
site currently holds a valid Mining Permit from Land Quality, but the site is not in use. The
property is not being used at this time, but contains some remnant spoil material. Vegetation
us
i�be limited to a variety of upland
s completely bulkheaded adjacentto Pamlico Sound and contain apermanent cutoweeds. The ut for thet
placement of an effluent pipe.
CAMA Major Permit #180-89 was originally issued to Gamaliel Ballance to maintenance
dredge the channel from Hatteras Estates to Marker 8 and to "The Slash". During the
dredging of the channel to Marker 8 the length, width and depth were increased from 800'x
20'x 4' to approximately 1,600'x 30'x 6' in violation of the permit. Ad Notice �e fVi llhon
(#91- 31A) was issued to Calvin D. Barrus, Jr. of Cape Dredging Y
outstanding. The permit was eventually transferred to the Hatteras Estates Property Owners
Association in 1991.

r' Hatteras Estates
Bio Report
Page 3
PROJECT DESCRIPTION
The application submitted request includes maintenance dredging approximately 1,800' of a
remnant channel to a depth of (-7'), beginning at the mouth of the eastern most canal,
adjacent to lot 48 in Hatteras Estates, to the entrance of the subdivisions boat basin, and out
to Channel Marker 8. The dredge project will also include approximately 5,200' of channel -
7' in line from Channel Marker 8 to a point just south of Marker 2 near Durants point.
While there are existing Channel Markers leading from Marker 8 in Sandy Bay to Durants
Point, aiel photographs dating back to 1978 do not indicate the existence of a remnant
channel.
According to the application the amount of spoil material that will be generated from the
project will be 45,000 cubic yards. Field Calculation indicate a reduced amount of
approximately 31,780 cubic yards of spoil material. Dredging will be accomplished by a
hydraulic dredge and pumped to a site located between Sandy Bay and Durants Point. The
application states that the spoil retention site will be 1,050'x 125'x 5' (24,305 cubic yards),
while the plans submitted indicates that the retention capabilities of the bermed area will be
closer to 22,215 cubic yards of spoil material. In either case the amount of material to be
generated will exceed the holding capacity of the site.
Submerged aquatic vegetation is evident along. the surface of the water in and around the
alignment of the existing and proposed channels, but it is not clear from the field
investigation whether the vegetation is established within the channel alignment or simply
present as a result of prop scour in the surrounding waters. A significant amount of Eelgrass
was found in the waters of the project area.
ANTICIPATED BIPACTS
The project will impact approximately 350,000 square feet of sandy shallow water bottom, of
which approximately 260,000 square feet appears to be'new disturbance. It also appears that
the project may disturb aquatic vegetation within the new channel alignment. Localized short
term turbidity will result from the dredging operation, which may have a short term
detrimental effect on the SA water.
The placement of the spoil material in an existing, previously permitted spoil retention site
will result in the temporary filling of over 119,960 square feet of high ground. The volume
of the proposed spoil area does not appear to be adequate to retain the estimated spoil that
will be generated from the dredging operation.
As noted earlier in this report, previous permits have been issued for dredging in Sandy Bay,
specifically from Hatteras Estates and the Slash into Pamlico Sound. The last permit issued
(#180-89) restricted the depth of the channel to (-4.5') due to the presence of submerged
aquatic vegetation. Previous requests to dredge channels in the Sandy Bay area have been
limited to a width of 20'. The current request will greatly increase the area previously
undisturbed within the existing remnant channel in addition to the 5,200' channel leading to
Marker 2.

Hatteras Estates
Bio Report
Page 4
While no archeological sites are known to be associated with the project area, pottery shards
were found at the spoil disposal site. It should be remembered that this site has been used in
conjunction with numerous projects in Hatteras Village.
There are no unique remnant species or geological formations known to be associated with
the project area.
CAMA REVIEW
Land Use Plan Consistency determination will be submitted under separate cover by John
Thayer.
Submitted By: Lynn Mathis
Date: August 13, 1996

i
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
November 12, 1996
Certified Mail
Return Receipt Requested
Hatteras Estates Property Owners Association
c/o Monnie Adams
P. O. Box 105 --
Hatteras, NC 27943
Dear Mr. Adams:
i[iJLbL Ll
�
1DEHNFR
This letter is with reference to your application for permits under the Coastal Area
Management Act (CAMA) and the state dredge and fill law to carry out channel maintenance and
expansion and new channel excavation in Sandy Bay and Pamlico Sound, to near Durants Point,
off of Hatteras Estates, Hatteras Village, in Dare County. Processing of your application, which
was received on August 9, 1996 and for which notice of extended review was provided on October
30, 1996, is now complete. Based on a coordinated state and Federal agency review, the Division
of Coastal Management has made the following findings:
1) The section of existing channel proposed to be maintained is about twice the size
of that permitted under CAMA Permit No. 180-89, i.e., 800' x 20' x 4' permitted
as opposed to 1600' x 30' x 6' actually constructed. Maintenance and enlargement
is proposed at 1600' x 50' x 70';
2) The proposed 5200' of new channel projected north toward Durants Point is deter-
mined to be aligned over bottom not disturbed by excavation during the history of
the state regulatory program. Photography as old as 16 years provides no evidence
of an improved channel;
3) The entire project proposal would disturb some 350,000 sq. ft. or 8 acres of sandy
shallow water habitat with 260,000 or 6 acres in the area described as new work
in item 2, above;
P.O. Box 27687, N��� C FAX [phone]
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recvcied/10% oost-consumer naoer

Mr. Monnie Adams
Page 2
November 12, 1996
4) The near shore aquatic habitats through which the channel is proposed consist of
large areas of submerged aquatic vegetation (SAVs) interspersed with shallow
bottoms which are considered resources of national importance. SAV/sandy bot-
tom habitat is important for primary and secondary production, is rich in organic
material and micro-organisms, and, is a net exporter of consumable energy for
estuarine and marine ecosystems. This habitat type is fundamentally important
for biological and economic reasons. The vital importance of this habitat is well
documented;
5) Turbidity resulting from project activity would adversely impact fish and verte-
brates in the area;
6) Review agencies expressed concern over the inadequacy of the spoil area.
Experience has shown that undersized spoil containment areas can result in
additional turbidity due to lack of settlement time; and in a worse case --dike
failure;
7) During the course of the review, three Federal and four state agencies objected
to the project with the exception that the existing channel could be maintained
as originally authorized;
8) The Division of Water Quality determined that authorization of the project
would violate Antidegradation Water Quality's standards as approved by the
Environmental Management Commission;
9) The Wildlife Resources Commission determined the project proposal inconsis-
tent with the agency's Policies and Guidelines for Conservation of Wetlands and
Aquatic Habitats;
10) The project proposal has been determined to'be inconsistent with the following
partial listing of the Rules of the Coastal Resources Commission: a) T15A: 07H.
0206(c) Management Objective for estuarine waters is to conserve and manage
the important features so as to safeguard and perpetuate their biological and
economic values; b) .0208(a)(2)(A) requires that the location and design of the
project be consistent with the management objective; c) .0208(a)(2)(B) requires the
permit -letting authority to find that the location and design of the project will have
a minimum adverse impact upon the productivity and biologic integrity of beds of
submerged aquatic vegetation; d) .0208(a)(2)(C) requires that development not

Mr. Monnie Adams
Page 3
November 12, 1996
violate Water Quality Standards; e) .0208(b)(1) requires that channels avoid
beds of submerged aquatic vegetation; f) .0208(b)(1)(D) requires that the width
of the channel shall be a minimum required to meet the applicant's needs; g) .0208
(B)(1)(J)(iv) requires that where excavated channels are aligned.through areas of
the aquatic vegetation, the original depth and width will not be increased to allow
a new or expanded use; and h) N.C.G.S. 113A-120(a)(10) which requires permit
denial in any case the project would contribute to cumulative effects that would
be inconsistent with the state guidelines.
Based on the foregoing findings, it is necessary that your application for a permit under
the CAMA and the state dredge and fill law be denied under N.C.G.S. 113A-120(a)(8) which
requires denial of the application for a permit in any case the proposal is found inconsistent with
the state guidelines for Areas of Environmental Concern and N.C.G.S. 113-229(e)(5) which
provides for denial upon finding a significant adverse impact on estuarine resources.
Staff are available to advise you as to the procedure for applying for maintenance
authorization for the existing channel, should you be interested.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of written petition, complying with the requirements of Chapter
150B of the General Statutes of North Carolina, and must be filed with the Office of
Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 [phone] within
twenty days of this decision on your permit application. A copy of the petition should be filed
with this office.
Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding
issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972
(CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days
of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is
(1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of
national security, and thus, may be federally approved.

Mr. Monnie Adams
Page 4
November 12, 1996
If you have any questions concerning this matter, please contact Mr. John Parker at
919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sincerely,
Roger checter
A�t—
RNS/aw
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Lieutenant Colonel Terry R. Youngbluth
Corps of Engineers
Wilmington NC

F�oxrm�, P$or�oxAts, Ixc.
Planning for a better environment
[phone]
April 24, 1997
NC Division of Coastal Management
Attn.: Mr. John Parker
PO Box 27687
Raleigh, NC 27611-27687
Dear Mr. Parker,
Attached you will find a letter to Mr. Richard Watts confirming our telephone
conversation with regard to the Hatteras Estates Property Owners' Association application which
was denied on November 12, 1996. In an effort to submit information to the review agencies that
have objected, I would appreciate receiving the comments those agencies offered so that I could
revise the project in an attempt to address those concerns. I look forward to your expeditious
response to this request so that we can prepare a successful application and avoid the necessity to
continue the request for an appeal.
Sincerely,
4 // 41,0W
George H. Wood, CEP
cc: Hatteras Estates Property Owners' Association
do Monnie Adams
PO Box 105
Hatteras, NC 27943
RECEIVE®
APR 2 8 1997
COASTAL MANAGEMENT
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

_ EIMONMOALPROFFSSIONAL%INC
Planning for a better environment
[phone]
April24, 1997
NC Division of Coastal Management
Attn.: Mr. Richard Watts
1367 US 17 South
Elizabeth City, NC 27909
Dear Mr. Watts,
This letter confirms our April 22, 1997 telephone conversation during which we discussed
the Hatteras Estates Property Owners' Association application and our request to the NC Division
of Coastal Management to consider alternatives for the approval of the dredging of the channel.
You informed me that you had talked with Mr. Pres Pate, Assistant Director of the Division, and
have decided that we should contact the agencies which had submitted objections to the original
proposal and understand their position with regards to any amended proposal. You recommended
that we perform this coordination prior to submittal of any new application in order to facilitate a
design which would receive the highest possibility for approval. It is my understanding that the
agencies that would requirea review of the amended proposal would be National Marine Fisheries
Service, United States Fish and Wildlife Service, the NC Wildlife Resources Commission, the NC
Division of Water Quality, and the NC Division of Marine Fisheries. Please confirm that our
coordination with these agencies will suffice to address the proposed strategy to coordinate with
resource agencies before resubmitting to the NC Division of Coastal Management. We look
forward to this confirmation as soon as possible so that we may proceed with submitting an
application and avoiding the appeal process.
Sincerely,
Ge rge H./Wood, CEP
cc: Hatteras Estates Property Owners' Association
Attn.: Mr. Monnie Adams
PO Box 105
Hatteras, NC 27943
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROL]NA 2 7 9 4 8 - 3 3 6 8

�r
� F
tClass
EW
Department
X Major Devi
pursuant to
X Excavation and/or
Development
tal Concern
QUAM
to NCGS 113-229
Issuedto Gamaliel Ballance, P: 0. Box 51, Hatteras, NC 27943
authorizing development in Dare Countyatthe Pamlico Soun
Estates as requested in the oermittee's
PermitNumber
1Rn-Rq
i hECEIVE .
1
CEP 1 2 '89
ou
. Eilzs[A h CO i
IREC,FIVFr
APR 2 5 1996
This permit, issued on S / 1l jig . is subject to compliance with the application (where consistent
with the permit), all applica le regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) Maintenance excavation is limited
to a depth of vt. Excavation
to The Slash is hereby deleted.
to the channel from Hatteras Estates,
proposed for the access channel adjacent
(2) In order to protect juvenile shrimp and fin fish populations, no excavation
or filling, will be permitted between February 1 and September 30 of any
year without the prior approval of the Division of Coastal Management.
(3) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or surroun-
ding waters.
(4) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or beyond the mean low water to prevent gully erosion
and unnecessary siltation. -
(See attached sheet for Additionl Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is ihspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31 1992
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairm of the Coastal Resources Commission.
George T. Everett, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Gamaliel Ballance
ADDITIONAL CONDITIONS
(5) -The terminal end of the pipeline will
(50) feet from any part of the dike
to allow settlement of suspended solids.
Permit #180-89
Page 2 of 2
be positioned at or greater than fifty
and a maximum distance from spillways
(6) A water control structure will be installed at the. intake end of the effluent
pipe to assure compliance with water quality standards.
(7) The diked disposal area will be constructed a sufficient distance from the
mean high water level or any marsh to eliminate the possibility of ero-
sion into or upon any marsh and/or surrounding waters.
(8) The spoil area will be properly graded and provided a ground cover sufficient
to restrain erosion within thirty (30) working days of project completion.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, 1978 for discharges of liquid effluent
from diked disposal areas.,
NOTE: The diked disposal area has the potential to become a breeding site for
mosquitoes. The permittee. should contact Kam Reporter with the Dare
County mosquito control to look at the site and be present when and if
fill is placed in the area. The permittee should assure that there are
no depressions or ruts in the grassed -over fill.

I& l,t7[6- I C4,:, J-7:
TO I'll-!; ZLED-iH G . I
0
r.A
I t� I- FAY LINE
I
9 ;-: --, -,

11-: 15 FROM
-4m}fte name 1 ann 0, L 'Of msfi Oal aervreea.
m • Comolete Items 3. and 4a d b.
0 • Prin! ^ It name end address on %he reveres of this fvnn ao ;het eve can
0e1tTR'. Card to ymr.
p • Avech :hls toll" iv N-e • on: of the mmlpiece, or on tie back d spatter
does not pemVt
4t • Write"Rttur.Reeelpt Rcppa.;ed"vn the m,.ilplx:e ba�c «the ericM na^rbe�
• Ths Rely— Resbt w;11 sh:w to whom the art;cb was deli -sled and the data
C defimred.
O
s- an;o,9 Aoc esseo to: pECEI`; 4& AM
o Richard Kolp APR 2 5gg,
11160 Stcnehart Road
Parma Heic,hts, Ohio 44130
'O
tOIIOWing solvices (for an extra
feel:
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
!7G %
ce Type
Bred ;] Insured
U Certified ❑ Coa
u Express Mali Retwn Receipt lot
Mer0111dlse 0 __
7. Oats of D"gliv ry
{I and fee is 6 d
In_71 , _1H F'.'�'E.
tC
Y
a
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Hatteras Estates Homeowner
0
(POUR NAME
Y o Sound
TION PLANS)
depicts the proposed construction.
w ro rurm ,,Q t r. veeamber 1991 oU.4. OPonep3--auau TURN RECEIPT r
Should you 1iave-no objections to this prnppsal, please check the rs ate Went blow, sign and date ti:e
blani,: below the statement and return this letter to: _ HEPOA, Tnc.. P.O. Box 314 •
(YOUR NA -NM AND ADDRESS
Hatteras, NCY27943 as soon as possible.
Should you have objections to this proposal, please send your written comments to N.C. Division of
. Colsai Managernent, 2367 U5 17 South, Elizabeth City, NC 27909. Written comments must be received
wi hilt_ 10 da}'� of receiot oC this notice•
Failure to respond in :zither nethod within 14 da will be ieterp:eted as no objections.
Sincerely.
y.
Jo Anne W. Hale
Secretary - HEPOA
_ I have no objections to the project as presently proposed and hereby waive that right of objection
as provided in General Statute 113-229.
I have objections to the project as presently propo>,eci and have enclosed comments.
tIPARTAN LANDOt11ER St'NA (DA'IFl
By siottatur'e below I have agreed to the encruachntc:nt of this, roject h'ithin my rpaiian corridor
and have waived the minimum setback of 15.f8et my property line.
(R&ARIA. LAti NI)()WNLR $1 NAILRE) ! (DA" '

'99E 12:20 FP.0r1 TO ki7
.� SEND R:: � � � I also wish to receive the
a • Cc Pete hema t onmor 2 r�r ndd�tiena'Fe.hi�s i
m lo:;pwin etrv�ses Ifcr an extra m s
• prist Wt.itens'3, am to 4 4. 13 Z
n • Print r�� t a^'t t_! nn tie n e SC of t0is f hr ^: ..e -sn '� fee);
retum:ns cord to 1,u. ce. "avaee i 1 1-1Adc,ossee' s Address t
m AMch t o to x0 thb t u PIn s M 10 ^ or ur n. ce_a 3
does not OBrtnh Y^ G t
O • Vbi:> °e'u Pe e: F e t 0 :O� tM f ,iecx Wpw tre eT.c�e u•'iGe' 1� .? .0 Restricted DoWery
L p:c. Cr ^rhar• tt wt:cm r e•ficle we lei � M A.d It" OJ•e', '+. dt
The fie u fond_ postmaster for feet.
h Aa Article Number
n �aidrEr.ed �) I6d E j m
a ?u ssrVice Type - G
E _ ,� �aa >.'_ +'+ (J�ey�cCN�Od Insured.
r 1
�rhJrl � �7 C6 t4e6� COD
zx re s Mett t-' Return Receipt fen
March n is¢
f Def'Verr Satteras Estates Homeowner
al 5, ° na IA r ss a ,E Addressed sACdress ICnI if reV1+e t d D $CvUn(t
and fee7A Paid)
i � . ',; t ,urn v TL"Ii sr
re_.._ entl 1;� lfi yl++iG�i + t ,+� �t��i.�'
depicts the propesecl const t coon.
r rs, =or °8 17, December 1991 uVs.Gro.t¢as --u DO{y�ESitG URN RECEIPT
--anuuiu you -tape f}o bhjet,tions to this proposal, please check the statement below, sign and date the
b:arl's below the statement and return this letter to. _.aF_pOA,
Hatteras NC 27943 (YOUR NAME AND ADDRESS
--- ' — _ as soon as possible,
+' Should you have objection.:; to this proposal, please send your written comments to N.C. Division or
Coastal hfanagemew, 1367 US 17 South, Elizabeth City, NC 27909, Witten comments must be received
Lalkin_i(1_da n re _eipt of this notice.
Failure to respond in eidher r1eth0d within 0 d will be interpreted as no objections,
Sincerely,
`�(.// /ILcC
�{y-• 1L-ti-C. tom
Jo Anne W. Hale
Secretary - UEPOA
1 have no objections to the pzojcct as presently proposed and 'hereby waive that right of objection
as provided in General Statute 113-229_
I have objections to the project as presently proposed and have enclosed comments.
(RIPARIAN I.A.NDOWNEk SIGNATURE;) (DATE)
_ BY signature below 1 have agreed to the ercroachh ent of this project within my ripatwiart corridor
and have waives; the minimum setback of 15 feetAom my property fine.
(WARVIIN LA.NDOWTER SICNATL'RE) J ATE?T

Til Dr=:''1 E'aLE:,- F.lf
Y
i
bSENDER
I also w,ah ip receive the
n CempM.RF!f�ns • arS s 2 1" additional ttrvices. _
m Co,w�gre ngme 3. .^d 4, it , •', following sftvrefi !for 3'. extfa
• : r,nt v:ur name d+J addmse on ik e,se of ;n:x fon:r so tn3t wt'an 1 1¢e;: •a
m r..turn this deal to you `d
• Attach the 1 m- tv ".e °'Ont of the malpl, C e. J' o, the t.^r If £oacC 1, [j Addret"ee'S Ad•Jrf s.; t,
Mel . Wp_
m \V nee"PervpBtVrn Race .C'ReOVe!tH1"oh!ht Mailpit^tl bP>J1,'4:1 Restricted Delivery
aRCIt OV"G3'I r C
• the Retun, ReOgipt.0i srlo., tC n nJ the en.Is was etr�fb0 a=d r<dax 2. — a
feee .__—.._
__ I Ccngult estmaster for
••
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to: = �': ,-4 _
c 14b, Service Type
0 w C. Holman _ 1 [.. R¢gistered -._; Insured
r 0. • r l r 1, ROa< i "� 1 '-I
McLean, VA 22192
ertd,ed
{ i~ E.o(ess ".' it Fo_,rn Fr.... :
dnd
5' VS Fore: 3811, O-ember 1991 fa4GFc:+Qo3—ra]1C D,
N
m SENDER:
C • Co�qiete itQMs 1 anCrCr 2 for edClionei SaMGe3.
N
m • Cc mc'.e:9 ittn'rs 3, and :e A b.
, P!Int you• nerve and aid.... on ;be ,Q.c,ec of m:; ,c:m w thet o•.:,-
m 't=•-Im Chit Card to you. .
p • A('3 ' form -.o me front of toer the bank if apace
det: roc permit.
• Yfrite•'RCOM ReCP�C{Re0Ue3;ed'•�in,hq'na'''V•q:x bflpa':b!!I!iGI nJT�er
?tw Reb,rn Rccerp:wr!xbcw to wnnm the nk'.clt aas Ceibn•eC and the datQ
pC2r_Ve"d.
t a Article AOr�essfd tO' �-'-----`—� 4e. Art
eliVCrx/' "
Z}
see'S Adaffss (Only d rect•?>:'r!
r
N RECEIPT
I also wish to recolvc the
tol'ow:cg ".-'ices (f.;r an ^,•.= It
fee)-
1 � Addraseff'S Addrr;'s f
V
2. Restricted Dell'. ery �
Conswil p4stmeetef for fee
e Number
4b. bervlce Tvpe - 0
c
John Yeager
i C Hf ed surea
PO Box 357 ..
•-•
i Cer,:flea •-1 COD.
Hatteras, NC 27943
-
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r Express roar. Fetunr Rece p'-'
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tgerghand sc :
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all
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8. Ad1 dr,•s>er•'q ,]od.ev (On!V,f
and fee ispaid)
b. „ Igr, Agent; (
a i5 Fcrm 3811, December 1991 e;S rpc: s-asx 71.
v,
r
m SENDER:
9
c� 4om,'at9 i+em; 1 and/or % IUf additlnnal £Qsigtz
±tt ite,^s 3. sod Al & t•
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riot D!rmit.
m w'1V "Return ReC!:b! Rtqutc{,?" oo the rM,V,jece beiv:v the aY.iue number
c
M1t. Retem fle.giC: w1'l xnc.r :c whim M M.i;lq waa Cerive,gd anq th9 dat9
CO C5,':vgreU,
3. Article Addressee to: � i 4a. AK
Richard Dement n
2623 Alvey Drive v
Haymarket, VA 22069
I el,o w.sh to r m,, the
fc, ltd my ^,e,"Ices (for a:: a>:,a �
fee):
1. `Atldressff's :ddr9<:v c
V
2. 'r'7 R"t';Cted D¢liv0". e
L� `Reg'st¢red
�,.•ertified
i-J Express Mail
tee
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AddreS� :f •@r._,)ptcd
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December 1991 *US .
N
TU14'9 RECEIPT

PR H
p7 _
LU-T F..NjAM JU! 3 0 1996
�tETI�Ftti' kE�_F_,:;�PT�t>vQ[.TE�EI)_
DeFu
(RIPARIAN LA-N-DO«'NER•S YAAIE)
This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. Az flews O-S
plans to constnict C'ha.,,,z /_ (YOUR MIME
in (YOUR ��eF� (YOLRR CONSTRUCTION PLANS)
Th�i
- - e sketch on the reverse side accurately depicts the proposed construction.
(CITY/cOltts' )
Should you have no objections to this proposal, pleas check the sorter 'It below, sign and date the
blanks belo'.e tiic staterneat znd return this letter to: _ N crA ?�(�- /!O. 4cx g y
tr —� (XOLR NAN'[E ADDRESS -�
as soon as pros Bible.
Should you have objections to this proposal. please send your written comments to N.C. Divisor, of
Coastal N?a :.t4ement, 1361, US 17 South, Elizabeth City_ , NC 27909. Writter, comments must be received
y,r within Itl�ays of reCet_af this notice.
r. Failure to respond in either method will be ir.terprzted as no objections.
I have no objections to the project as presently proposed and hereby waive that tight of objection
as provided in General Statute 113-229.
AE25 I have objacdons to the project as presently proposed and have enclosed comments.
(RIPARIAN LA1TihWN7 R SIGNATURE) (DATE)
By signature belcw I have agreed to the encroachment of this project within my tipar,'an condor
anal have waj%ed the t ,inimum setback of 15 feet from my property line,
PAi T.�1N LAINDOWN]�R SiGN'ATLRE) (DA
5RTE)

PROPER��TjjYppOFpp•_ _ ;.:;:, '• "`t"
17
... ... `._:�_ ..- SITUATED�`V�-_,:::
PATTER,AS'VILLAGE'L,;'';(r}T: '• ••
.,.-
DARE COUNTY,NORTH CAROLINA'':.--.''.
SCALE 1*-1001 DEC.%23,1959.. '-"'•+: K
-'!£,
sic
HOdEPT U. RN EN, JR. -. �'� i•
N EG. SU R V EYONi'` "'• """`�`
•}� ,'"�`,
.D
RAY
,.,
'•'EIIZABETN CITT�G N. .,.,,
I
—
'.."::;<":�±�-1:`.;�i:'_'_':.":%.'•::; '......:._:•..�
/
1�
.. NORTH CAROLINA
•
-PASOUOTAN% COUNTY'
LAND SURVEYOR M0. 1.R1S. CCRTIIT THAT THIS YRI YAS DNIwY II
,
!'
I, NOOERT 0. HARMER.-x. A[D.
' AH ACTUAL FIELD LAND SURVEY CDMDUCTED UHOEII YE OIRCCTION AND SUPS HVLS IOMI THAT
LATITUDE' AND DCPARTUMCD IS I.SODD, THAT TIVS..' IS I A�
• OF CLOSURE AS CALbLATCO'DY
CORRECT TO THERESTOf MY RNOMLCDC AHDDLLIEr,AMU M AS PALPARLO I H AL:0:9.5
i
R.SIECTO
PITH O.D.41-30AL AYEYDED.
- ' ,.
-•
.v
I ' SMORM+TO AND O SCRIEED EC/OWL WE THIS'
n•
or�VarLadN---,nlo -
,2Q�'!AY
-
'
' YY CDYYUE IDN EREIN I'M.9/ .L7J
I
A

.8 FR
TO D01 BALE I i3H P. 04
s
EJGn IN PAGI4C.:1
IN TES„ "ONY '.,'r0iEOF, the said parties of the first part have
hereunto aet their hands and t;eala the day and year first above written
(SEAL)
(SEAL)
NORTH CAROLINA
DARE COUNTY
I,�y�_,.✓ a Notary Public in
and for the County of Dare, State of North Carolina, do hereby certify
that VIIII:iam Monroe Stowe and Velma Stowe, his wife, and Annie 0. Stowe
(widow), all personallyappeared before me this day and acr.nowledged thr
due execution'of the forepoing instrument for the purposes therein ex-
pressed.
Witness my hand and notarial seal this day of
cam.' i-r My commission exeires:_; r
Notary Pu c -- -
NORTH CAROLINA
DARE COUNTY
The foregainP certificate of� a Notary
Public in an} for the County of Dare, State of North Carolina, duly
atte1ted 5y h i ^.Otdri a' _ ... iE _ j
to law. Let ti.< in.strume— Cogether Yith the certificate be re�istered,
:itn, s my hand t!:is �(�day of
ttLEO FOR REGISTRA'
ON THE.
n
Lr3TMEERTt` X0"ITA'lr'
Arttu��e,yy--i '�tlar,b. Der# eouary, N. CL
AeNa�it li.s�n d De«L
EJGn IN PAGI4C.:1
IN TES„ "ONY '.,'r0iEOF, the said parties of the first part have
hereunto aet their hands and t;eala the day and year first above written
(SEAL)
(SEAL)
NORTH CAROLINA
DARE COUNTY
I,�y�_,.✓ a Notary Public in
and for the County of Dare, State of North Carolina, do hereby certify
that VIIII:iam Monroe Stowe and Velma Stowe, his wife, and Annie 0. Stowe
(widow), all personallyappeared before me this day and acr.nowledged thr
due execution'of the forepoing instrument for the purposes therein ex-
pressed.
Witness my hand and notarial seal this day of
cam.' i-r My commission exeires:_; r
Notary Pu c -- -
NORTH CAROLINA
DARE COUNTY
The foregainP certificate of� a Notary
Public in an} for the County of Dare, State of North Carolina, duly
atte1ted 5y h i ^.Otdri a' _ ... iE _ j
to law. Let ti.< in.strume— Cogether Yith the certificate be re�istered,
:itn, s my hand t!:is �(�day of
ttLEO FOR REGISTRA'
ON THE.
n
Lr3TMEERTt` X0"ITA'lr'
Arttu��e,yy--i '�tlar,b. Der# eouary, N. CL
AeNa�it li.s�n d De«L

12: 1" FROM
TO DGt1 RALE I GH F. OO
& „ IU4 PAUi4_U
,
Second Tract: All that certain tract or parcel of
ainr3--ly�np., and being in the County of Dare, State
of North Carolina, in the village of Hatteras,
Hatteras Township, adjoining the lands of William
Fulcher, and S. M. S. Roil,inson(both deceased) and
others and hounded as follows:
9eginning, at a married live oak at,the Road at William
Fulcherts line and running thence a northeasterly course
with the 1,. F. Whedbee(now A. B. BailancO line to the
Sound; thence with said Sound a northWEr sterly course
to a stake at S. M. S. P,ollinson+s line; and thence with
said line a southwesterly course to a stake; and thence
a southeasterly course to the first station, to include
three acres, .-,ore or less.
Beine the same land conveyed to Alonzo J. Stowe and
Andrew S. Stowe by S. M. S. Rollinson et. ux. by deed
dated the:l5th day of December, 1897 and duly recorded
in the Office of the Reg;i.ster of Deeds of Dare County,
N. C. in Deed Pook ^F" at page 206.
Third Tract: All thatcertain tract• or oar cel of land
ly ne an iiein,, in the County Of Dare, State of North
Carolina, in the village of Hatteras, Hatteras 'township,
adjoining the lands of J. H. Stowe, deceased, and others,
and boun4vi as follows:
Beginning at a stake at the Canal adjoining the land of
J. H, Stowe, deceased, and running with said Stowe's
lire a Southeast course to A. J. Stowe and Bros. line;
thence a Northeast course tv tl;e Sound's edge; and thence
With said Sound a Northwestcourse to the point at the
Canal; and running thence with said Cz:,al a Sottthwest
course to the first station to include three acres of
land.
Beine the same land conveyed to' A. ?, Stowe by S. M. S,
Rollinson et, ux, by deed dated the 7th day of April,
1899, and duly recorded in the office of the Register
Of Deeds of Dare County, N. C. in Deed gook ;, page 56.
Parties of the firer, r,:rt intending to and hereby con-
veying all their right, title, interest and estate in
the above iFscribed parcels of land as devisees under
t']•a last will and testament of Ulysses r;. Stowe, dated
the 15th day of July, 1939 and duly of record in the
office of the Clerk of Superior Court of Dare Ccgnty,
N. The ;aid Ulysses (;. Stowe beine a brother and
at law of both A. 1. Slowt and A. .. Stowe, deceased.
TO HAVE A'�) TO HOLD the aforesaid tracts or parcels of land
and all privilege: 3r,: nr. a:. .:,;',noes thereurtto belonging to the waid
party of the second part and hib heirs and asslp,:s forevt;r,
And the said {:�drt,i<s of the first part do covenant that they
,
are seize; of ar.•;r„sus i:1 few and have thr right to convey the same
11 fee si�tple; that t ,e same are free f;,oin i,i,;urnbranues; 31Y14 that they
W4 warrant and defend the said title to the Sane against the claims
of all persons whores never,
:%

DCIII RRLcIGH P.A-1
1 U 4 PAGi 4
NOKTH CAiWLINA
DARE C,C)ugTY
T"!IS DEED, made this the 5th day of October, 1961) by William
and
yonroe Stowe and Velma Stowe, his wife,/Annie 0. Stowe, widow of
ulysses Stowe, parties of the first part, to W.JZ•_Burn5, party
of the second cart, all of the County of Dare, State of ?forth Caro -
lima;
WITNESSETH:
That the said parties of the first part, for and in considers-
' tion of the sure of TEt:(y10.00)DOT LARS and other good and valuable
Consideration to them in hand paid by the said party of the second
part, the receipt of which is hereby acknowledged, have oargained
and saki, and by these presents do bargain, sell and cor.vev unto
the said party of the second part, and his heirs and a5sim s, all
their r•irht, title and interest in and to the following described
tr;�cts or narcels of land lying; and t.eing in the County of Dare,
State of North Carolina, in !iatteras Township, and more particularly
described as follows:
First Tract: All that certain tract or parcel
ofia"nanc'Ty?ng and being in the County of Dare,
State of :forth Carolina, in the village of
Hatteras, Hatteras Township, adjoining the
lards of L. R. Whedbee(decsased and others,
and bounded as follows:
9eginning at a certain marked oak and running
with L. 9. Nhedbee's line a northeasterly
course to the Sound; thence with the Sound a
northwesterly course to a cedar stake; thence
a southwesterly course to an.�ther stake, and
thence s southwesterly course to the beginning,
conta.nina six acres, more or less,
geinj� the sane iand<_ or interest therein can-
veyed to A. J. Stowe and A. S. Stowe(both deceased)
by S. M. �.• Rollinson et. ux. by deed dated the
20th day of October, 1890 an' recorded in Rook "C",
Page 405 in the office of the Register of Deeds
of DarF - nty, North Carolina; and by A. J. Stowe
et. ur. A. S. Stowe by deed dated the 9th day
cf er, 19)1 and duly recorded in Deed Book
tl:� office of the Register of Deeds
North. C:urvlina.

cc:
FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE021
F/HP 1 - Susan Stedman

BP.W
I'M
"NATTIONAL PAR KA-RS vlc�
AT-7r
TFR ".11ST-T ICT,
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RECE1VFn
APR 2 5 1996
Riparian Property Owner Notifications

FUG-09-19SE 13:50 HATTERAS MEDICAL CENTER 919 566 1202 P.02
m
TnTC.I P ri'?

-2-
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

United States Postal Service ON
pro r ._ ,..-.—.._.
JL --l-
Official Business
M18sent to N.C. Fenn Bureau Ins. CO. PENALTY FOR PRIVATE
USE, $300
�0 All J2 Print your name, address and ZIP Code here
IV
IVOV 2,2199 DNRCD — CO3NSTAL MANAGEMEN1
NA
AM E"E 8 �V P. O. llnX 27687
Ni
/� RALEICH, N. C. 27611

• Complete items 1 and/or 2 for additional services.
• Complete items 3, and 4a &•h.
• Print your name and address on the reverse of this form so
that we can return this card to you.
• Attach this form to the front of the mailpiece, or on the
back if space does not permit.
• Write "Return Receipt Requested" on the mailpiece next to
3.. Article Addressed to:
lZot--1 AlG ji9
6.
(Agent)
I also wish to receive the
following services (for an extra
fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
C
❑ KIstered ❑ Insured
Certified ❑ COD
❑ Express Mail ❑ Return Receipt for
Mnrchandien
7. Date of De ivery/
U. Addressee's Address
and fee is paid)
>lyif requested
ou.S.GP&11Ieo-27saei DOMESTIC RETURN RECEIPT

NOV-06-1996 12:16 FROM
TO DCM RRLEIGH P.01
DIVISION
OF
G OAS TAL
0
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DIVIS10�
.L RRI 1 T E
MANkGENEN T FISHERJES
DNF PAX !,UtlEER:
919_?Fq_3i23
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Form DCM-111P-1
APPLICATION -
(To be completed by all applicants) APR 2 5 1996
b. City, town, community or landmark
ffteras ( 6ur4ats Ghu�he�
1. APPLICANT V u,44 E
a. Landowner: 'S/oa; f Am -
Name w• Z, I5 a r r a s
Address BOX 27
City N a 1--bera 5 State A) e'
Zip 79V3 Day Phone 9/9- F&6 -9333
Fax
b. Authorized Agent: /fa ftePa5 46 744& es
/�"l Name e4n(e. 41am5
Address IUD X 14.5
City El a ff-eras State A) (!--
Zip 2 2 9V3 Day Phone %19' M —231Q
Fax
c. Project name (if any)
NOTE: Permit will be issued in lame of landowner(s), and/or
project maw.
2. LOCATION OF PROPOSED
PROJECT
a. County D& RE Ceun ty
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? t/ Yes No
e. Name of body of water nearest project (e.g. jiver,
creek,.sound, bay) Daranfs Change l
0-4 Pam ll eo sound
[cli♦ ] .Y i 1' I�[;\�`I�7iI:\►`ICI al llIlM �I
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.
-DeeIle Mark -Ad ehe?nnel, Cea I-
66uand ha.s e-hannef x44rkiedyi`ty
G t mu /3u t- e k e i
u usa.bl� dui f'o sheer /iNa
b. Is the proposed activity maintenance of an existing
project, new work, or both? Aatn IT nai/c•2
c. Will the project be for public, private or commercial
use? PUbfiL
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. Chan#41 fo be EYreayeAj
SyhyG(muI r lradaP -Fv 6a441NJ
a cc bil Aq # Na F 7e)`e
d. acdiexcen �r��ertie5
Revised 03l95

Form DCM-MP-1 �<
0o
w4� 2
in. Describe exis ing wastewater treatment facilities.
4.
LAND AND WATER
CHARACTERISTICS
a.
Size of entire tract 5_ d Ayex,
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b.
A I��
Size of individual lot(s) i'V
wastewater„inddWial/commercial effluent, "wash
down" and residential discharges.)
c.
Approximate elevation of tract above MHW or
NWL g&il feat
d.
Soil type(s) and texture(s) of tract
o. Describe existing di ng water supply source.
N%ft
N
N
e.
Vegetation on tract
f.
Man-made features now on tract_
5. ADDITIONAL INFORMATION
g.
What is the CAMA Land Use Plan land
In addition to the completed application form, the
classification of the site? (Consult the local land use plan.)
following items must be submitted:
0 Conservation _L Transitional
A copy of the deed (with state application only) or
Developed Community
Rural Other
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h.
How is the tract zoned by local government?
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
i.
Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? ? Yes No
(Anach zoning compliance ceitificate, if applicable)
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
j.
Has a professional archaeological assessment been
ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes ` No
Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom?
detailed description.)
k. Is the project located in a National Registered
Historic District or does it involve a .National
Register listed or eligible property?
Yes ' No
1. Are there wetlands on the site? _ Yes f No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
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
t It
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name <l-fffTTE2 % 5 f5A9fe5 7
Address See fiat 1hol
Phone !So -62
Name of / 1�/'42,OC - W • Lqw ru5
Address I < etr-peK&+ K it / 1 12 Zf �o
Phone rlrran LaN orers Are m
f pad0-9le # �
13q-88� r
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.
See -&reyioa5
permt4 -�o,- this arDr 2cf
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
® A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
APR 2 5 1996
6. CERTIFICATION AND
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the l % day of &N I , 19-? .
Print Natnes//�- 11f:Qpm 14 Ak-15
Signaturv-L&z, '✓ i.���
Imdownlr or AmMrized Agew
Please indicate attachments pertaining to your proposed
project.
io DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

•Form DCM-MP-2
;.:: tt'.
(Excer t bridgts 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.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project
Length Width Moth D-Yth
3 ".
G
w.;
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 3'5; 000 yd'
b. Type of material to be excavated Seed 5h a /l
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? -- Yes 1O No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Lpcation of disposal area mn-NAene.e o�
01uJek�z Creek c+ mmliro Sand
i
b. Dimensions of disposal area
/0;0' X IA5,
c. Do you claim title�o disposal area?
Yes _j No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where? '50M 7)1%e ci
Revised 03195

DREDGE OPERATION AND SPOIL AREA NARRATIVE
DREDGE OPERATION:
A hydraulic dredge will remove the sand and silt from Durants Channel as indicated in our
application. The material will be transferred by pipeline to the spoil settling area. The
solids will be removed from the spoil area after settling/drying has occurred.
The spoil area is located at the Muddy Creek - Pamlico Sound juncture. The area is apx
1050' by 125'. A berm will be constructed around this area to hold the dredged material.
The sand/silt will be removed with a backhoe from the spoil area as necessary to continue
dredging of the channel.

w
it
LL
any

T Attachment ## 2
i1
94 fro nr
A,a- tO s« le
- TD rye I��rhoUe�
Hatteras Estates Project

7 /0.".
�D
Typical Cross Section of
Dike
not Co scale
SIZE ot- 5--� t L ly2t`7�
=- 2-7= 2N, 3aS. en
r.
t,9 yyy� 3
S

(lord 2r7r�d �s
6- f& /r/aaC% Gi
SGAc I f = /UO
pRML.%C-D
e,duNt�l
UM 2.6 1996
411LHMF. V/(, �C

Rac�1,Irn
Lynn W. Mathis APR 2 5 1996
State of North Carolina
Department of Environment,Heahh and Natural Resources
Division of Coastal Management
1367 U.S. 17 South
Elizabeth City N.C. 27909
Dear Ms. Mathis,
Enclosed is our completed application for the Hatteras Estates permit to perform
maintenance dredging on Durants Channel. This application should be complete but if you
need additional information please call. We have changed the spoil area to the Burrus
property. This area is permitted until Dec 96. I also understand that we can apply for an
extension after this permit time runs out. I have not included Riparian property owner
notifications for the spoil area since this permit is current. If we need to renotify these
owners please give me a call.
I have included a copy of a previous permit that was issued as part of our application.
Our application is for some of the same area but would extend to the no.2 marker.
Again if you need additional information please do not hesitate to call- Thanks for the
help.
Sincerely,
ZsD�atesman

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Coastal Management
1367 U.S. 17 South
Elizabeth City N.C. 27909
attn. Lynn Mathis
Dear Lynn,
OUL 2
Hatteras Estates Project
i 311l zu
Enclosed is a scaled plat showing the proposed spoil disposal site dimensions and a
cross section drawing of the berm to be established around the site. I have estimated
that we will remove apx 45,000 cubic yards of material. I have enclosed a corrected
excavation and fill cover sheet. The spoil area will contain apx 20,000 yards of material.
We will be removing the dredged material as the project progresses to allow removal of
the expected 45,000 cu/yds of material.
I have also enclosed a signed and dated copy of the project plat.
A copy of the spoil area survey is included. I will have Dale Burrus send a copy of the
deed to you for your records.
If you have any questions give Monnie Adams or myself a call. Thanks for your
assistance.
Sincerely,
Miles Datesman

CAMA/D & F APPLICATION D(M — 1/14/97
File Record
HATTERASESTATES
1) AApnlication -- dated 4/17/96, includes 5 plans, cover letter and copy of 1989 permit for
near -shore area. (Considered complete on 7/26/96 with Miles Daterman letter).
2) Deed -- for spoil area -- W. Z. Burrus, 10/5/61.
3) Adjacent Riparian Owner Notifications.
4) Burr -us letter on spoil area -- 8/9/96.
5) Field Report -- dated 8/13/96.
6) Public Notice -- requested to publish on 8/27/96.
7) Acknowledge letter -- dated 8/20/96.
8) CAMA Notice.
9) Processing_ record with all state agency comments
10) Extension letter -- dated 10/30/96.
11) Federal comments, processing record, and COE final position dated 11/4/96.
12) Denial letter -- dated 11/12/96.
13) COE letter to applicant acknowledging state denial.
14) Certified Mail Receipts
15) Processing notes
16) Photocopies for file use. (1995 flight).

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 20, 1996
Regulatory Branch
Action ID No. 199604959
Hatteras Estates
c/o Mr. Monnie Adams
Post Office Box 105
Hatteras, North Carolina 27943
Dear Mr. Adams:
By copy of the North Carolina Department of Environment, Health and
Natural Resources letter to you of November 12, 1996, we have learned that
State authorization for you to undertake maintenance excavation activities
within an existing channel, and construct a new access channel into Sandy
Bay and the Pamlico Sound, located off Shoal Drive, in Hatteras Estates,
Hatteras Village, Dare County, North Carolina, has been denied. Under the
administrative rules of our regulatory program, denial of required State
authorization precludes favorable consideration of a Federal permit.
Accordingly, your Department of the Army application is hereby denied, and
your file has been retired.
If you wish to continue to pursue a DA permit, you must first obtain
the required State authorization. In the event you obtain the authorization,
we will reopen your permit file, and continue to process your application.
After the file is reopened, any issues raised during the public review process
must be addressed before a permit can be issued. Please be advised that
resolution of the State's concerns may not resolve Federal agency positions.
Mr. Raleigh Bland of the Washington Regulatory Field Office is available
to answer any questions you may have or to help you in developing a revised
plan. Mr. Bland may be reached at telephone [phone], extension 23.
Sincerely, s.�
U49 y,4 u
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosures
Copies Furnished (without enclosures):
M, .7ohn Parker ^o } 12
ivision of Coastal Management _
North Carolina Department of Environment,
Health and Natural Resources I� +OV 2��,i1996
Post Office Box 27687
Raleigh, North Carolina 27611-7687 M�(yE;,SENT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO November 4, 1996
Regulatory Branch
Action ID No. 199604959
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7667
Dear Mr. Parker:
Reference the application o Hatteras Estates f r a Department of the
Army (DA) permit to undertake maint ance excavati activities within an
existing channel, and construct a new ac annel into Sandy Bay and the
Pamlico Sound, located off Shoal Drive, in Hatteras Estates, Hatteras Village,
Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report. Based upon our review
of this project, we concur with the recommendations of the National Marine
Fisheries Service and the United States Fish and Wildlife Service that the
application be denied based on the potential of the proposed dredging activity
to pose substantial and unacceptable adverse impacts to aquatic resources of
national importance.
The Federal agencies may reassess their position if the proposed project
is revised to be consistent with the dredging activity permitted for the site
in 1989.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely
Ral�Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
II
Mr. John Dorney ��
Water Quality Section
Division of Environmental Management NOV �/�®
North Carolina Department of Environment,
Health, and Natural Resources A7996
4401 Reedy Creek Road
Raleigh,' North Carolina_ 27607 _ -
_"

-2-
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLVTO U 23 I
ATTENTION OF
Regulatory Branch
Action ID. l 1 I � O q 1 gq I Applicant t71 �j 04CSi"r'�c-S
p0
Waterway I dw�li to JOUV1 U County 'Dare, Type Work e Ga i0
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
W A
F—P.
1 Regional Office
Division of sthl Management
North Carolina Department of
Environment, Heallth and
Natural Resources
' 1
11
t C1 C 27 D
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclose�d. Yppur comments and/
recommendations would be appreciated on or before je fl}� yr 6w 23 . lit
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely, Jr
�° �ECE�vEO
pUG2919g6
Raleigh Bland CP
MpN�'�E�ENj
Regulatory Project Manager
Enclosure

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
August 29, 1996
Regulatory Branch
Action ID No. 199604959
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Please reference the application of Hatteras Estates for Department
of the Army (DA) authorization and a State Water Quality Certification to
undertake maintenance excavation activities within an existing channel, and
construct a new access channel into Sandy Bay and the Pamlico Sound, located
off Shoal Drive, in Hatteras Estates, Hatteras Village, Dare County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by October 28, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Mana er
Enclosure �\�S 12
Copies Furnished (without enclosure):
John Parker (b 550
ivision of Coastal Management
North Carolina Department of Environment, MpNa
Health and Natural Resources �Q
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
August 29, 1996
Regulatory Branch
Action ID No. 199604959
Hatteras Estates
ATTN: Mr. Monnie Adams
Post Office Box 105
Hatteras, North Carolina 27943
Dear Mr. Adams:
On February 11, 1991, we renewed General Permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received August 22, 1996, for Department
of the Army (DA) authorization to undertake maintenance excavation activities
within an existing channel, and construct a new access channel into Sandy Bay
and the Pamlico Sound, located off Shoal Drive, in Hatteras Estates, Hatteras
Village, Dare County, North Carolina, indicates it to be a candidate for
Federal authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199604959.
It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field
Office. Mr. Bland is available at telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
D' ision of Coastal Management
orth Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
_ _ RecEivED
- rP-121996
SALANAGEIro NT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
September 18, 1996
Regulatory Branch
Action ID No. 199604959
Hatteras Estates
ATTN: Mr. Monnie Adams
Post Office Box 105
Hatteras, North Carolina 27943
Dear Mr. Adams:
Through coordination with the North Carolina Division of Coastal
Management, we published a notice of your application for a Department of the
Army permit to undertake maintenance excavation activities within an existing
channel, and construct a new access channel into Sandy Bay and the Pamlico
Sound, located off Shoal Drive, in Hatteras Estates, Hatteras Village, Dare
County, North Carolina.
In response to this notice, the United States Fish and Wildlife Service
requested and was granted a 15 day extension of the period in which to
complete review of your proposal. This extension does not indicate either
adverse or favorable consideration, but it is necessary for the agency to
effectively evaluate project impacts and to clarify discrepancies in the
permit application. Comments concerning your proposal are expected on or
before October 8, 1996.
If you have questions or comments, please contact me in the Washington
Regulatory Field Office, Post Office Box 1000, Washington, North Carolina
27889-1000, telephone [phone], extension 23.
Sincerely
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Sam Hamilton, Assistant Regional Director
U.S. Fish and Wildlife Service
1875 Century Boulevard
Atlanta, Georgia 30345
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-2-
Mr. John Parker
Division of Coastal Management
orth Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Watts, District Manager
Elizabeth City Regional office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
sFPa UFg
p1,9PJ,�vtf iz �996

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive N.
St. Petersburg, Florida 33702
SEP 2 7 1996
Lt. Colonel Terry R. Youngbluth
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Lt. Colonel Youngbiuth:
Please reference Public Notice 199604959(GP) and our September 11, 1996, letter (copy enclosed)
concerning an application by Hatteras Estates to perform work near Hatteras, Dare County, North
Carolina. As specified in Part IV.3(a) of the 1992 404(q) Memorandum of Agreement (MOA)
between our agencies, the enclosed letter advises that activities specified in the public notice may
adversely affect aquatic resources of national importance.
Pursuant to Part IV.3(b) of the MOA, I have reviewed the findings of my field staff and I have
determined that the proposed work will substantially and unacceptably impact nationally important
aquatic resources. I request that you fully consider the views and recommendations of the National
Marine Fisheries Service in making your final decision. I also encourage continued efforts to resolve
this matter at the field level and have requested that my field staff cooperate in any related effort.
Sincerely,
Enclosure 00
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.40
« R UNITED STATES DEPARTMENT OF COMMERCE
a National Oceanic and Atmospheric Administration
���JJJb NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive North
St. Petersburg, Florida 33702
September 11, 1996
Lt. Colonel Terry R. Youngbluth ob .��
District Engineer, Wilmington District �c Fi��E
Department of the Army, Corps of Engineers CIOT3
P. O. Box 1890 4AH".1 998
Wilmington, North Carolina 28402-1890 C. A�fMfryT
Attention Raleigh Bland 9
Dear Lt. Colonel Youngbluth:
S
In accordance with Part IV, Section 3(a) of the current Memorandum
of Agreement between the Departments of Commerce and the Army, I am
notifying you of the National Marine Fisheries Service's (NMFS)
intent to consider referral of Department of the Army (DOA) permit
application 199604959(GP) dated August 23, 1996.. At issue is a
request by Hatteras Estates to maintain an existing channel and
excavate a new channel in Sandy Bay at Hatteras, Dare County, North
Carolina. The purpose of the project is to increase the length,
width, and depth of the boating access channel to Hatteras Estates
subdivision. This letter details reasons (1) why there may be
substantial and unacceptable adverse impacts to aquatic resources
of national importance; and (2) why issuance of the specified
permit must be conditioned or denied to protect these resources.
The proposed project consists of using a hydraulic dredge to
maintain an existing 1,800-foot-long by 30-foot-wide access channel
and construct a new 5,200-foot-long by 30-foot-wide channel. The
current depth in these channels range from three- to five -feet -deep
at mean low water (MLW). The applicant proposes to establish a
depth of seven feet MLW throughout the channel alignment.
Approximately 45,000-cubic-yards of dredged material would be
deposited in an upland disposal site.
The NMFS conducted an on -site investigation of the project area in
response to a 1989 permit request by Gamaliel Ballance (Public
Notice No. 89-N-028-0328). Our current review included an
examination of recent aerial photography of the project area and
coordination with our Beaufort Laboratory staff. Based on the
above, we believe that this project would adversely impact living
marine resources of national importance.
Sandy Bay, a shallow embayment north of Hatteras village, is
directly connected to the waters of Pamlico Sound. Submerged
aquatic vegetation (SAV) is found throughout the project area
including the proposed channel alignment. Areas of SAV are of

special concern to the NMFS since they constitute an aquatic
resource of national importance. SAV provides essential forage and
nursery sites for a variety of estuarine dependent species many of
which are of commercial and recreational importance. SAV is a
source of primary production and provides detritus that is an
important component in the aquatic food chain. It also functions
to maintain good water quality upon which fishery resources are
dependent.)
Spot (Leiostomus xanthurus), Atlantic croaker (Micropoaonias
undulatus), spotted seatrout (Cynoscion nebulosus), weakfish
(Cynoscion a al s), red drum (Sciaenops ocellatus), shrimp
(Penaeus spp.), bay scallop (Argopecten irradians), and blue crab
(Callinectes sapidus) are characteristic inhabitants of seagrass
meadows. Post larval and juvenile red drum depend of SAV for
essential feeding habitat and protection from predators.2 These
species are identified in Section 906(e)(1) of the Water Resources
Development Act of 1989 (PL 99-602) as species of "national
economic importance."
Red drum are currently under Federal management pursuant to the
Magnuson Fishery Conservation and Management Act. A fishery
management plan (FMP) for shrimp has been developed by the South
Atlantic Fishery Management Council (SAFMC) because shrimp stocks
are reduced. Additionally, the Mid -Atlantic Fishery Management
Council, in cooperation with the SAFMC, has developed FMPs for
summer flounder. The FMPs for red drum, shrimp, and flounder
specify rigorous management and protection of the managed species
and their essential habitat.
The proposed project would alter a total of 8.3 acres of shallow
water habitat that supports SAV. Some 5.97 acres of the total is
in previously undredged areas between channel marker #8 and marker
#2 near Durants Point. The NMFS is opposed to work that adversely
impacts habitat that supports living marine resources.
Traditionally, navigation in this area required no more than four
feet of depth at MLW. Since the current depth throughout the
proposed channel alignment is near or below this depth, we question
the need for the proposed deepening. In addition, we understand
that a Notice -of -Violation on previous work in 1989 in the project
area remains unresolved.
1Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The
ecology of eelgrass meadows of the Atlantic coast: a community
profile. U.S. Fish and Wildl. Ser. FWSJOBS-84102.
2Holt, J., C.L. Kitting, and C.R. Arnold. 1983. Distribution
of young red drum among different sea grass meadows. Trans. Am.
Fish. Soc. 112:267-271.

The alteration of SAV habitat when less damaging alternatives are
available is unacceptable. We believe that this work, as presently
proposed, will be detrimental to aquatic resources of national
importance that utilize Sandy Bay as habitat. Therefore, the NMFS
recommends that federal authorization for this work not be granted.
We would reassess our position if the project is revised to be
consistent with the 1989 permit proposal. Furthermore, we
recommend that the Notice -of -Violation be resolved prior to any
consideration of any federal authorization.
We appreciate the opportunity to provide these comments.
Since y
/ And eas Mager, r.
Assistant Regional Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE02

United States Department of the Interior
Lieutenant Colonel
District Engineer,
U.S. Army Corps of
P.O. Box 1890
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Ralei¢t, North Carolina 27636-3726
October 11, 1996
Terry R. Youngbluth
Wilmington District
Engineers
Wilmington, North Carolina 28402-1890
Attention: Raleigh Bland
Dear Colonel Youngbluth:
The U.S. Fish and Wildlife Service (Service) has conducted a site
visit and reviewed the Field Investigation Report (FIR) and permit
application for Action I.D. 19960459. The applicant, Hatteras
Estates, proposes to dredge a 7,000 ft long channel (of which 1,800
ft is known to have previously been dredged; the remainder may be
previously undisturbed habitat) in Pamlico Sound. The proposal
represents a significant expansion (depth, width, and length) of
the previously permitted channel. The proposal includes plans to
dispose of spoil materials shoreside near Meter Point. The spoil
material is to be contained by earthen berms. The FIR estimates
that the jsvoil volume will exceed the capacity of the disposal
site. Both the dredging and spoil disposal site are located in the
Village of Hatteras, Dare County, North Carolina.
According to the FIR, uncertainty exists as to the magnitude of
previous dredging activities in this site. The applicant claims a
historic channel was located in a seemingly undisturbed area. This
claim is not supported by available evidence (old charts, aerial
photos dating to the 1970s, etc.). Our observations of beds of
submerged aquatic vegetation (SAV) covering large parts of the
nearshore environment support the presumption that portions of the
proposed channel are previously undisturbed.
Further, the FIR points out that a Notice of Violation issued for
some previous activities in association with this housing
subdivision is still outstanding.
This is the report of the Service submitted pursuant to, and in
accordance with, provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the
Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C.
1531 et seq.).
The Service recommends the District Engineer deny a permit for the
proposed activities. The proposed dredging would cause direct

adverse impacts to the aquatic ecosystem, and the spoil disposal
plan, as proposed, can cause direct and indirect adverse impacts to
the same system. Both parts of the proposal will adversely affect
fish and wildlife resources.
The proposed dredge spoil disposal area has been heavily
manipulated. Portions of the site are naturally low-lying
estuarine marsh subject to inundation during extreme high tides or
flood events. Anthropogenic manipulations have artificially raised
the mean elevation of the site by filling, grading, and bulkheading
the shoreline. Traditionally, such areas require frequent
maintenance and repair because they are subject to erosion. The
Service concludes that portions of the base of the proposed dredge
spoil disposal site are highly erodible and likely to be reclaimed
to near mean water level in the absence of continuous maintenance
and repair activities. The site is inappropriate for significant
amounts of spoil material without long-term care provisions.
Further, the proposed spoil disposal site may not be of sufficient
volume for the amount of spoil created by the dredging project.
According to the FIR, the generated spoil will exceed the disposal
site volume by between 50% to 100%.
The spoil from the proposed activities is likely to be returned to
the aquatic environment because the disposal site is poorly located
and has insufficient volume. The spoil will be returned in
suspension or in slugs of sediment. In either case, it will
blanket and smother SAV and sandy bottom habitat downstream of the
spoil disposal site. This blanketing effect will kill non -motile
organisms, and destroy important SAV habitat for motile organisms.
The proposed dredging is an expansion of perturbances which will
eliminate locally significant areas of SAV and sandy bottom from
the local aquatic environment. The proposed activities would also
fragment the remaining habitat (although we currently consider that
a benign impact at this time).
Nearshore aquatic habitats which consist of large areas of SAV
interspersed with shallow sandy bottoms are resources of national
mportance. A wide variety of aquatic organisms depend on such
habitat in some stage of their life history. For instance, finfish
and shellfish species are often critically dependant on the
availability and integrity of this habitat type. SAV/sandy bottom
habitat is important for primary and secondary production, is rich
in organic material and micro-organisms, and, is a net exporter of
consumable energy for estuarine and marine ecosystems. This
habitat type is fundamentally important for biological and economic
reasons.
There is an active fishery in the project area. During our site
visit, we observed several small boats setting nets for mullet
and/or baitfish. We were told by a passerby that shrimp are
frequently netted at night in the project area and adjacent waters
as well.

The marshlands and riparian scrublands adjacent to the project area
are used by colonial shorebirds, wading birds, and waterfowl.
Although our site visit did not coincide with nesting activities,
the project area can be expected to sustain breeding colonies of
glossy ibis (Plegadis falcinellus), Louisiana heron (Hydrannassa
tricolor), snowy egret (Egretta thula), and little blue heron
(Florida caerulea). All of these birds forage in the aquatic
environment, and cumulatively require substantial aquatic prey for
successful recruitment.
Additionally, the project is located in an important flyway for
shorebirds, raptors, and other avian migrants. SAV and marsh
habitats provide these migrants with resting spots and important
foraging areas. These birds have a large energy requirement, and
the function of aquatic and wetland habitats such as exist in the
project area is an essential source of energy for them.
The proposed activities will significantly degrade locally valuable
aquatic habitat directly by dredging, and indirectly by inadequate
spoil disposal. Due to the sensitive nature of SAV/sandy bottom
habitat, and the importance such habitat has to aquatic organisms
and other dependant species, we believe that the proposed
activities should be avoided. Therefore, we recommend that the
permit be denied.
The above findings and recommendations constitute the report of the
Service. In accordance with the procedural requirements of the
1992 404(q) Memorandum of Agreement, Part IV.3(a), between our
agencies, we are advising you that the proposed work may result in
substantial and unacceptable impacts to aquatic resources of
national concern.
Thank you for this opportunity to comment on the proposed
activities. If you have any questions or comments, please call
Kevin Moody of my staff at [phone] extension 19.
Sincerely,
ohn M. Hefn
Field Supervisor
cc: NCDCM, Raleigh, NC (John Parker)
NCDCM,Washington, NC (Preston Pate)
NCDCM, Elizabeth City, NC (Lynn Mathis)
NCWRC, Raleigh, NC (Frank McBride)
EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:KMoody:KM/10/11/96:919/856-4520 ext.19:B:\Hatteras

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 21, 1996
Regulatory Branch
Action ID No. 199604959
Hatteras Estates
ATTN: Mr. Monnie Adams
Post Office Box 105
Hatteras, North Carolina 27943
Dear Mr. Adams:
On August 22, 1996, you applied for Department of the Army (DA)
authorization to undertake maintenance excavation activities within an
existing channel, and construct a new access channel into Sandy Bay and
the Pamlico Sound, located off Shoal Drive, in Hatteras Estates, Hatteras
Village, Dare County, North Carolina.
After review of your proposal, the United States Fish and
Wildlife Service recommended denial of your application by letter dated
October 11, 1996 (copy enclosed). These recommendations are due to
anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose
a resolution and/or to rebut any and all objections before a final decision
is made. In this regard, I would appreciate being made aware of your
intentions, in writing, on or before October 31, 1996.
Please contact me at telephone [phone], extension 23, if you
need any assistance in coordinating with the review agencies, or have any
questions regarding the processing of your permit application.
Sincerely,
\v0" 4 liol
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
John Parker
ivision of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687 C�
Raleigh, North Carolina 27611-7687
Cn ^.l,a�,r.11g96

u
-2-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
01
APPLICANT: Hatteras Estates COUNTY: Dare
LOCATION OF PROJECT: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in Hatteras
Village
DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 9, 1996
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes
FIELD REPRESENTATIVE: Lynn Mathis
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED IN
PUBLIC NOTICE REC'D:
ADJ. RIP. PROP NOTICES REC'D:
AUG ;:�� "
Gm2 11CW
END OF NG
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE:
MAIL OUT DATE:
FEDERAL DUE DATE: —
PERMIT FINAL ACTION: ISSUE
Elizabeth City
REC'D: $
E DATE: c�.— \ b ; —`k b
REC'D: �\
150 DAY DEADLINE: L �) — 9 ' f
STATE DUE DATE: CI-0-9 6
FED. COMMENTS REC'D: \\— 4 — 9 6
DENY DRAFT ON \1- --t l
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES /NO
NOTES
Coastal
Management Dist. Office
Div.
of
Community Assistance
Land
Quality Section
Div.
of
Env. Management
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4 —9
State
Property Office
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Div.
of
Archives & History
�7�
Div.
of
EHv. Health
71
Div.
of
Highways
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CP
Wildlife
Resources Commission
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Div.
of
Water Resources
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Div.
of
Marine Fisheries

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
MEMORANDUM
TO: John Parker, Jr.
FROM: Lynn Mathi(�
SUBJECT: Hatteras Estates
DATE: September 4, 1996
Aj
[DEHNFR
The standards set forth in the North Carolina Administrative Code 7H .0208(a)(2) states that
prior to the issuance of a permit either by the CRC or local authorities the standards established
in this section must be complied with.
Use Standard .0208(a)(2)(b) states that the applicant must select a combination of sites and
design that will have minimal adverse impact on submerged aquatic vegetation (SAV). The
project as proposed does appear to be sited in a manner as to reduce the chances of cutting
through SAV beds, but clearly exceeds a reasonable width, thereby increasing potential impact.
While General Use Standard .0208(a)(3) states that a project that has public benefits as identified
in the findings and goals of the Coastal Management Act outweigh long range adverse effects
of the project, measures must be taken to minimize the impacts by limiting the magnitude or
degree of the action.
Specific Use Standard .0208(b)(1)(D) states that the width and depth of the channel shall be the
minimum necessary to meet the applicant's needs and provide adequate water circulation. The
current request to widen the existing channel to (50') and increase the depth to (-7') appears to
exceed that needed to provide reasonable access to the Pamlico Sound by residents of Hatteras
Estates.
Specific Use Standard .0208(b)(1)(J)(iv) states that the original depth and width of a human -
made or natural channel will not be increased to allow new or expanded use of the channel. The
section of channel leading from the basin at Hatteras Estates was permitted previously at a width
of (20') and a depth of (-4'), while the current proposal would increase the depth by (2.5') and
width by (30').
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

Based on the standards established in the Administrative Code, I do not believe that the proposal
can be considered the minimum necessary to provide access to adjacent waters in the Pamlico
Sound. It also appears that the proposal can not meet the General Use Standards or Specific Use
Standard noted on the previous page.
I recommend that the project be denied as proposed and modified to provide maintenance
dredging of the existing c anne "access Channel Marker #8 only. I also recommend that the
project not exceed the width and depth approved in CAMA Major Permit #180-89, which
established a maximum depth of (-4') and a width of (20').

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
MEMORANDUM:
TO: John Parker
FROM: John A. Thayer Jr. AIC
1t •�'
-N-
[DEHNFR
SUBJECT: Major Permit Request by Hatteras Estates To Widen And Deepen 1,800' Of
Existing Channel And Add 5,200' For A New Channel From Sandy Point To
Past Durants Point For Access To Pamlico Sound, At Hatteras Village, Dare
County.
DATE: September 9, 1996
The applicant proposes to deepen and widen 1,800 feet of an existing channel and extend it
another 5,200 feet passing Durants Point. The previous dredging project (CAMA Major
Permit 180-89) both widened and deepened a portion of the existing Channel in conflict with
approved permit requirements. Spoils from the dredging are proposed to be deposited near
the mouth of Muddy Creek. The spoil site has been used for the same purposes during several
past dredging projects. An active permit (CAMA Major Permit #139-88) expires December
31, 1996.
The result of the project, besides turbidity during dredging, includes significant disturbance
and destruction of submerged aquatic vegetation (SAV). The lead issue associated with SAV
loss, per the NC Administrative Code, is not whether the project's public benefit is
commensurate with resource loss, but rather have alternatives been considered and is the
project design proposal the "minimum necessary to provide reasonable access".
Consistency Comments: The Dare County 1994 Land Use Plan certified by the CRC on July
29, 1994 was reviewed to consider a determination. The following policy is applicable:
b. Estuarine Waters: Policy 2.1.2(d-1), page 55.
"Estuarine Shoreline development should continue to be managed to protect and pr 11
the natural resources along the Estuarine Shoreline". In addition, development....
water dependent, related to...., or an accessory use to a structure located on the, arindt�F�
Shoreline." SEP 4,779 �EQ
3� MA co^ A(g6
Page ] 7 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone [phone] FAX 91 3723NAGEt! fNT
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it
it

Hatteras Estates RQ Channel Widening
September 9, 1996
b. Estuarine Waters: Policy 2.1.2(c-1), page 54.
"Dare County supports the preservation and protection of the public's right of access and
use of the public trust areas and waters."
The County Land Classification Map does not classify or delineate waterward areas. The
spoils area is classified as "Limited Transition". Dare County's mapping does not delineate all
AEC's and other wetland areas. However text within the Land Use Plan, recognizes the areas
as qualifying for the "Conservation", classification due to the spoils area including within 75
feet of the high waterline of the estuarine shoreline.
The County has policy promoting the preservation of "Outstanding Resource Waters"
(ORW's). Dare County's LUP includes shellfish waters in with ORW's, the policies. Since
the Sandy Bay area is not identified as a Important Shellfish Bed area, applicability to the
impacted SAV's can not be made.
Determination: Based on the above policy, the project can be determined to be consistent
with the Dare County Land Use Plan
Page 2

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
August 20, 1996
lUDIUORVA,11141
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
A1� ter'
EDEHNF�
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hatteras Estates
Project Location: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. % The project site extends from
Hatteras Estates in Sandy Bay to Durants Point in the Pamlico Sound.
Proposed Project: To dredge 1,800' of existing channel and 5,200' of new channel from
Hatteras Estates at the eastern most canal, and around the bulkhead
to the west and turn in a northeasterly direction into Sandy Bay.
Then channel will follow an existing set of Channel Markers (#8, #6,
and #4) and will terminate near Durants Point, just south of Marker
#2.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 10, 1996. If you have any questions regarding the
proposed project, please contact Lynn Mathis at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
\ e incorporated. See attached.
V This agency objects to the project for reasons described in the
tached omments. �Q /
Signed - Date
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
EDFEE HNF1
3 September 1996
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: P.A. Wojciechowsk,/WA
SUBJECT: DREDGE AND FILL PERMIT
Hatteras Estates
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment, PWAA
Health and Natural Resources jr4i
Division of Marine Fisheries
James B. Hunt, Jr., Governor p E H N H
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
u u1:.►1
TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator
THROUGH: P. A. Wojciechowski
FROM: Sara E. Winslow, Biologist Supervisor
Harrel B. Johnson. District Manaear
SUBJECT: Hatteras Estates
DATE: 26 August 1996
The following comments by the North Carolina Division of Marine Fisheries are provided
pursuant to General Statute 113-131. This agency objects to the project as proposed based on the
following reasons.
Pamlico Sound and its adjacent waters function as a nursery area for spot, croaker, weakfish,
flounder, spotted seatrout, bluecrabs, shrimp and other commercially and recreationally important
species. Oysters, clams and scallops are also found throughout the area. These waters are classified
SA closed. However, oyster spat and seed clams production may add to production in an open area.
The Division objects to the loss of 350,000 square feet of shallow water habitat. This agency
realizes that approximately 1,800 feet of the proposed dredging is maintenance of a remnant channel
(90,000 square feet). However, the proposed width of 50 feet and final depth of -7 feet is excessive
and certainly not maintenance. Previous maintenance in this area has been restricted to a width of
20 feet and a depth of 4.5 feet. The new work is proposed to be 5,200 feet of channel, also with a
width of 50 feet and depth of -7 feet (260,000 square feet). There is no evidence of any remnant
channel existed in this area previously. Significant turbidity will result from the dredging, which
would impact fish and invertebrates in the area.
This agency is concerned with the loss of SAV's that will result from this project. The
importance of SAV's to finfish and invertebrate production and serving as habitat is well
documented.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

John Parker
26 August 1996
Page Two
As stated in the Bio Report the proposed spoil area does not appear to be adequate to retain
the estimated spoil that the project will generate. If the spoil area is not adequate extreme caution
must be taken to avoid overflow into the adjacent waters. The inadequate spoil area would prolong
the amount of time required to complete the project.
In summary, the Division objects to the project based on the loss of shallow water habitat and
the loss and impacts to an undetermined amount of SAV's. If this project is approved over this
agency's objections a dredging moratorium is request 15 February through 30 September. This will
ensure the environmental integrity of the area is protected during critical times of usage by the
previously mentioned species. Also, if approved the effects of the dredging on the SAV's needs to
be determined and an assessment should be made prior to excavation.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
960625 `� �:A
RECEIVED L E H N
AUG 2.6 19% .
ENVIRONMENTAL SCIENCES
�u
August 20, 1996
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Water Quality
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hatteras Estates
WASHINGTOIN OFFICE
AUG 2 2 1996
0. E Y.
Project Location: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. % The project site extends from
Hatteras Estates in Sandy Bay to Durants Point in the Pamlico Sound.
Proposed Project: To dredge 1,800' of an existing channel and 5,200' of new channel
from Hatteras Estates at the eastern most canal, and around the
bulkhead to the west and turn in a northeasterly direction into
Sandy Bay. The channel will follow an existing set of Channel
Markers (#8, #6, and #4) and will terminate near Durants Point, just
south of Marker #2.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 10, 1996. If you have any questions regarding the
proposed project, please contact Lynn Mathis at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
1'•1�f 1 ■- - i I r
P.O. Box 769, Morehead City, North Carolina 28557.0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Division of Water Quality
October 28, 1996
To: John Parker, DCM
From: John Domey, DW(5FV
Re: Hatteras Estates dredging project
Dare County
DWQ# 960825
We have reviewed this project which plans to dredge 1,800 feet of existing channel
and 5,200 feet of new channel from Hatteras Estates to Sandy Bay. Due to the loss of
submerged aquatic vegetation as well as the potential loss of shellfish resource, the
Division of Water Quality obiects to the issuance of this permit since it would violate our
gradation Water ()naUly Standard. We are also concerned that the up�d
MR -
disposal basin is too small to accept this spoil without turbidity violations.
Please call me at 733-1786 if you have any questions.
cc: Deborah Sawyer, Washington DWQ Regional Office
Central Files
No Tr4.1996
Environmental Sciences Branch Water Quality Sectior.

® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
/14 t11� 1�
TO: John R. Parker, Jr., Coordinator g% nECC'[
Major Permits Processing Section SEP26 1996
Division of Coastal Management, DEHNR cC W-)IAL
1VAfiAGE1,;9E,y.T
FROM: Richard B. Hamilton
Assistant Director
DATE: September 23, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Hatteras Estates, at the end of
Pamlico Drive, Hatteras, Dare County.
Staff biologists with the Wildlife Resources Commission have reviewed this permit
application and are familiar with habitat values of the project area. A site visit was conducted on
September 19, 1996. Our comments are provided in accordance with provisions of the Coastal
Area Management Act (G.S. I I3A-100 through 113A-128), as amended, and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to dredge 1,800 ft. of an existing channel and 5,200 ft. of new
channel from Hatteras Estates north to Durant Point. Waters at the site are classified as SA but
are closed to shellfish harvest.
CAMA Major Permit #180-89 was originally issued to maintenance dredge a 800 ft. x 20
ft. x 4 ft. channel from Hatteras Estates to marker 8 and to "The Slash".1 Howeve the applicant
violated the permit by dredging the channel to approximately 1,600 ft. x 30 ft. x 6 ft. A Notice
of Violation was issued and is currently still outstanding.
Now the same applicant is requesting a permit to expand this channel to a width of 50 ft.
and a depth of 7 ft. In addition, the applicant is requesting that the permit authorize dredging a
new channel measuring 5,200 ft. x 50 ft. x 7 ft. The mile long new channel would cross
productive shallow water habitat, which supports large beds of submerged aquatic vegetation
(SAVs). These SAVs are mainly eel grass beds. There are existing channel markers leading

Hatteras Estates 2 September 23, 1996
from marker 8 in Sandy Bay to Durant Point, but aerial photographs dating back to 1978 do not
indicate the existence of a remnant dredged channel.
Previous requests to dredge channels in the Sandy Bay area have been limited to a width
of 20 ft. and a depth of 4.5 ft. As proposed, the project would affect a large area of previously
undisturbed bottom adjacent to the existing channel and at the site of a new 5,200 ft. channel
leading to marker 2. Water depths along the channel in Sandy Bay range from 3.5 ft. to 5 ft. at
NWL. Existing depths along the proposed channel range from 3.3 ft. to 5 ft. at NWL. Currently,
boats in excess of 20 ft. navigate through these water; by following the existing markers.
The project will directly ect approximately 350,000 fe acres) of sandy shallow
water habitat, of which appro ' tely 260,000 ft
(6 acre to be in a previously
undisturbed area. In addition, we believe a project will adversely affect SAVs within the
new channel alignment. After careful consideration, we find the project inconsistent with our
Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats and request that the
permit be denied.
We appreciate the opportunity to review and comment of this project. If you need further
assistance or additional information, please contact William Wescott at [phone].
cc: The Honorable C.J. Belch, Jr.
The Honorable Russell M. Hull, Jr.
The Honorable Jerry W. Wright
Pete Komegay, Fisheries Research Coordinator
Chad Thomas, District 1 Fisheries Biologist

Stat o orth Carolina R E C E I !�
Dep nt of Environment,
Healt a d Natural Resources 1 • 0
„Division oastal Management OCT 4 i�;5
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary DIV• OF ENVIRONMENTAL HEALT f E H N R
Roger N. Schecter, Director
August 28, 1996
R E.
MEMORANDUM
TO: Ms. Linda Sewall, Director
DIV. OF ENWR-0104i;N'TAL HEALTB
-- 1 � 1
Division of Environmental Health " -' R
FROM: John Parker, Jr.
RErENE�
Major Permits Processing Coordinator OCT 161996
SUBJECT: CAMA/DREDGE & FILL Permit Application Revi 1 y
APPLICANT: Hatteras Estates�J
PROJECT LOCATION: Adj. Hatteras Estates, at the end of Pamlico Dr., in Hatteras, Dare Co.
PROPOSED PROJECT: To dredge 1,800' of an existing channel and 5,200' of new channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 18,1996. if you have any questions regarding the proposed project, please contact John Parker
at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
x 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 �, G
P.O. Box 27687, NwCAn
FAX [phone]
Raleigh, North Carolina 27611-7687 Equal Opportunity/Afflrmattve Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

September 9, 1996
llakul ' • MIJUTI
TO: Linda Sewalllly�
FROM: Patti Fowlers
SUBJECT: CAMA Permit Application Review - Hatteras Estates - Dare County
Review of the subject project indicates that the spoil disposal site is located in an area
open to shellfishing. Since a portion of the area to be dredge is located in closed shellfishing
waters with disposal to a site located in open waters the Shellfish Sanitation Branch will need
to recommend temporary closure to shellfish harvesting of waters located around the disposal
site.
,( o
Our office will need to be notified in advance of the beginning of the dredging
operation that will be in closed shellfishing waters and notification of completion of the
project.

101111116-
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
August 28, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
EDEHNR
P07
�
AUG 29 1996
r,. r, �. . r s: �.:,�
FROM: John Parker, Jr. ' /1f�E� r(
Major Permits Processing Coordinator 0 CT EQ
41 ,1 7'I1g96
SUBJECT: CAMA/DREDGE & FILL Permit Application Review f. MgGIC44r
APPLICANT: Hatteras Estates G
5 �
PROJECT LOCATION: Adj. atteras Estates, at the end of Pamlico Dr., in Hatteras, Dare Co.
PROPOSED PROJECT: To dredge 1,800' of an existing channel and 5,200' of new channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 18, 19%. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency hasxcommentSon 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
P.O. Box 27687, MAO
yWAn
FAX [phone]
Raleigh, North Carolina 27611-7687 Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Resources
James B, Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
John N. Morris, Director
September 30, 1996
MEMORANDUM
TO: John Parker
FROM: John Suther
SUBJECT: Review of Application for Hatteras Estates
A&4
IDFEE HNF1
We have reviewed this application for dredging approximately 7000 feet of channel near
Hatteras Estates in Dare County and have the following comments:
\ 1. The difference in dredging quantities mentioned on page 3 of the Field Investigation
Report could be due to the applicant's using mean low water depths rather than just mean depths.
2. While the volume of the spoil material placement site is about one-half the amount
necessary to hold the total to be dredged, the notes on the diagrams indicate that the applicant will
remove material from the site as the dredging is done to allow all the channel to be dredged. The
permit application should indicate the final destination of the material removed from the spoil site.
3. To minimize dredging and impacts to the grass beds in the area, a compromise could be
reached on the size and depth of the channel. From a safety standpoint, a 20 foot wide channel
may be too narrow. From a natural resources protection view, a 50-foot wide channel may be too
V wide. A compromise of 30 to 35 feet may be agreeable to both parties. The depth may also be an
issue. Shallower depths mean that the frequency of the maintenance dredging will be higher, and
also may limit the size of the dredge that can do the work, which will likely extend the length and
cost of the dredging. Again a compromise depth of 5 or 6 feet may be possible. Clarification of
whether the depth is mean low water or just mean water is needed.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
August 20, 1996
MEMORANDUM 'O tnn
TO: Mr, Charles Gardner, Director (� AVy
Division of Land Resources 9�`G ei 0G
FROM: John R. Parker, Jr. �
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Hatteras Estates
Project Location: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. The project site extends from
Hatteras Estates in Sandy Bay to Durants Point in the Pamlico Sound.
Proposed Project: To dredge 1,800' of an existing channel and 5,200' of new channel
from Hatteras Estates at the eastern most canal, and around the
bulkhead to the west and turn in a northeasterly direction into
Sandy Bay. The channel will follow an existing set of Channel
Markers (#8, #6, and #4) and will terminate near Durants Point, just
south of Marker #2.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 10, 1996. If you have any questions regarding the
proposed project, please contact Lynn Mathis at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
a,Jrtached comments.
Signed Date s/
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
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DIVISION OF LAND RESOURCES
LAND UALITY SECTION
MEMORANDUM
TO: John R. Parker, Jr./Stephen Benton
Major Permits Processing Section
Division of Coastal Management
FROM: Patrick H. McClain
Assistant Land Quality Regional Engineer
SUBJECT:
This offi__
1. The area be properly graded.
2. A permanent ground cover, sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
3. The exterior slopes of the disposal area dikes be at an
angle no steeper than 1 1/2 H: 1 V.
4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berm=-,
sand fence, etc.).
5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
S. Other:

State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
�EHNR
DIVISION OF LAND RESOUR
LAND QUALITY SECTION
August 30, 1996
Hatteras Estates .
ATTN: Mr. Monnie Adams, Authorized Agent
P.O. Box 105
Hatteras, North Carolina 27943
RE: Spoil Area for Dredging of Existing Channel
Drainage Basin: Pasquotank
Dare County
Dear Mr. Adams:
As an agency involved in the Division of Coastal
Management's major permit application review process, we have
determined that more than one acre will be disturbed by the
activities as described. Therefore, in addition to a permit from
the Division of Coastal Management, an erosion and sedimentation
control plan must be submitted to and approved by this office
before development begins.
The requiring of an erosion and sedimentation control plan
is based on a mandatory standard for land -disturbing activity of
the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land -disturbing activity, if at
least one acre is to be uncovered, unless an erosion and
sedimentation control plan for the activity is filed with
the agency having jurisdiction and approved.
The plan must be submitted at least thirty (30) days prior
to project commencement. The plan must include, but is not
limited to, the following:
1. A scaled plat plan of the site, showing the affected
areas as well as adjacent properties which may be
affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks,
streams, drainageways, marsh, etc.
3. Include a brief narrative describing the activities to
be undertaken and a construction schedule.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
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Hatteras Estates
ATTN: Mr. Monnie
August 30, 1996
Page 2
Adams, Authorized Agent
4. Indicate on the plat the measures to be utilized to
prevent sediment from entering adjacent properties,
such as location of silt fences, silt basins, diversion
ditches, areas to be seeded, etc.
5. Include seeding and mulching specifications for both
temporary and permanent stabilization.
6. Include any other pertinent information directed at
controlling offsite sedimentation, slope degradation,
and erosion.
Please be advised that the plan will be considered
incomplete, and the statutory review period will not begin,
unless a non-refundable plan review processing fee, payable by
check or money order made out to the Department of Environment,
Health and Natural Resources, is included. The amount of the fee
is based on $30 for the first disturbed or affected acre, plus
$20 for each additional whole or fractional acre of land to be
disturbed (including offsite borrow or waste areas).
To begin this project without the approval of an erosion/
sedimentation control plan will be considered a violation of the
Act and may lead to the assessment of a civil penalty of up to
$500.00 per day for each day the project is deemed in violation.
For your convenience, we are enclosing a guideline for
developing a plan. If you should have any questions, feel free
to contact me.
Sincerely,
Pat ick H. McClain, P.E.
Assistant Regional Engineer
PHM:ka
Enclosures
cc: John R. Parker, Division of Coastal Management

L _
State of North Carolina I
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 28, 1996
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
EDEHNFR
SEP 051996
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Hatteras Estates
PROJECT LOCATION: Adj. Hatteras Estates, at the end of Pamlico Dr., in Hatteras, Dare Co.
PROPOSED PROJECT: To dredge 1,800' of an existing channel and 5,200' of new channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 18,1996. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293 when appropriate, in-depth comments with supporting data are requested. ,",Tli
REPLY This agency has no objection to the project as proposed. cps �FP jg��FQ
This agency has no comment on the proposed project. r,
This agency approves of the project, only if the
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
_ o q 13/�
Signed Date
P.O. Box 27687, N
��CFAX 919-733-1495
Raleigh, North Carolina 27611-7687 r An Equal Opportunity/AffirmaTive Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
September 13, 1996
MEMORANDUM
TO: `-John R. Parker Jr., Chief
Major Permits Processing Section
Division of Coastal Management , DEHNR
Lt. Colonel Terry R. Youngbluth, District Engineer
Army Corps of E3711�
Wilmington District
FROM: David Brook ��/�/
Deputy State Historic Preservation Officer
SUBJECT: Hatteras Estates, Hatteras, Dare County,
ER 97-7368
Division of Archives and History
Jeffrey J. Crow, Director
We have reviewed the above permit application concerning proposed plans to
dredge 1,800 feet of an existing channel and 5,200 feet of a new channel. Our
staff inspected the project specifications carefully and determined that the dredging
constitutes a major bottom disturbance.
In the underwater portions of this project no known archaeological sites are
recorded. Based on our present knowledge of the area, it is unlikely that any
submerged archaeological resources which may be eligible for inclusion in the
National Register of Historic Places will be affected by the project construction.
We, therefore, recommend that no underwater archaeological-jnvAa ligation be
conducted in connection with this project.
We would like to notify you that this project should be undertaken with caution. If
during construction submerged archaeological materials are encountered, such as
shipwreck remains, it is the responsibility of the Army Corps of Engineers -
Wilmington District to notify this office immediately, pursuant to Section 106 of
the National Historic Preservation Act of 1966. In addition, the area is protected by
North Carolina legislation (G.S. 121-22 to 28, Article 3: salvage of Abandoned
shipwrecks and other underwater archaeological materials on all bottoms from low
water to one marine league seaward, and bottoms of other navigable waters). This
law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which
gives the state jurisdiction over a broad range of living and nonliving resources in
state waters and submerged lands, including certain abandoned shipwrecks, which
have been deserted and to which the owner has relinquished ownership rights with
no retention.
109 East Jones Street • Raleigh, North Carolina 27601-2807 g��

Thank you for your cooperation and consideration. If
concerning the above comment, please contact Renee
review coordinator, at 919/733-4763.
DB:slw
cc: Richard Kimmel
you have questions
Gledhill -Earley, environmental

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
August 28, 1996
MEMORANDUM
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1DEHNFR
RECEIVEO
OCT 3 1996
COASFAL
MANAGEMENT
SUBJECT: C7Adj.
& FILL Permit Application Review
APPLICANT: states
PROJECT LOCATIOas Estates, at the end of Pamlico Dr., in Hatteras, Dare Co.
PROPOSED PROJECT: To dredge 1,800' of an existing channel and 5,200' of new channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 18, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
✓ This agency has no continent on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to theprojectfor reasons described in the attached comments.
Signed 677 Z'' "V �,J Date 30
P.O. Box 27687, N WA C FAX [phone]
Raleigh, North Carolina 27611-7687 rAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 10% post -consumer paper

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
August 28, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1�
IDEHNFR
SUBJECT: ( .___CAMA/DREDGE & FILL Permit Application Review
APPLICANT�Hatteras Estates
PROJECT LOCATION: - Adj. Hatteras Estates, at the end of Pamlico Dr., in Hatteras, Dare Co.
PROPOSED PROJECT: To dredge 1,800' of an existing channel and 5,200' of new channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 18, 1996. If you have any questions regarding the proposed project, please i t "Olin
Parker at 733-2293. When appropriate, in-depth comments with supporting data aes
A F�
REPLY/ This agency has no objection to the project as proposed. *4 6" "�
VZ �996
This agency has no comment on the proposed project. _
This agency approves of the project, only if the
incorporated. See attached.
This agency o 'ects to the project for reasons described in the attached comments.
Signed Date %
P.O. Box 27687, �y� FAX [phone]
�
Raleigh, North Carolina 27611-7687 N `- CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
August 20, 1996
MEMORANDUM
TO: Mr. Robert E. Chandler, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
1' •:'
I�EHNF�
RECEIVED
AUG gH_
SUBJECT: CAMA/DREDGE & FILL Permit Application Review ON%KPG94 W
Applicant: Hatt ras Estates
Project Locatio 'acent to Hatteras Estates, at the end of Pam< - in
Hatteras Village, Dare County. The project site exten s from
Hatteras Estates in Sandy Bay to Durants Point in the Pamlico Sound
Proposed Project: To dredge 1,800' of an existing channel and 5,200' of new channel
from Hatteras Estates at the eastern most canal, and around the
bulkhead to the west and turn in a northeasterly direction into
Sandy Bay. Then channel will follow an existing set of Channel
Markers (#8, #6, and #4) and will terminate near Durants Point, just
south of Marker #2.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 10, 1996. If you have any questions regarding the
proposed project, please contact Lynn Mathis at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
\�J�—LzThis 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
tt d c mments.
Signed Date
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 30, 1996
Hatteras Estates
c/o Monnie Adams
P. O. Box 105
Hatteras, NC 27943
Dear Sir:
EDEHNFR
This letter is with reference to your application for a Coastal Area Management Act
Major Development and Dredge and Fill permit to dredge an existing channel and 5,200' of new
channel from Hatteras Estates and into Sandy Bay, in Daze County. Although processing of the
application is nearing.completion, additional time is needed for this office to complete the review
and make a decision on your request. Therefore, it is necessary that the standard review time be
extended. An additional 75 days is provided by G.S. 113A-122(c) which would make January 5,
1997 the new deadline for reaching a decision on your request. However, we expect to take action
prior to that time and will do so as soon as possible. In the interim, if you have any question on the
status of your application, do not hesitate to contact this office.
Very sincerely,
Jo .Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/aw
cc: Lynn Mathis
DCM-Elizabeth City
AW P.O. Box 27687, 10 ;W FAX [phone]
Raleigh, North Carolina 27611-7687 Nvf An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

M
State of North Carolina
Department of Environment,
Health and Natural Resources LA
Division of Marine Fisheries
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
August 20, 1996 �p REkV�Q�
� AUMp 3��E 6
s
Mr. W. Z. Bun -us
P. O. Box 27
Hatteras, NC 27943
Dear Mr. Burrus:
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of your property locited adjacent to Hatteras Estates, at
the end of Pamlico Drive, in Hatteras Village, Dare County. It was received on August 9,
1996, and appears to be adequate for processing at this time. The projected deadline for
making a decision is October 23, 1996. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a
final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public
road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
P.O. Box 769, Morehead City, North Carolina 25557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

August 20, 1996
page #2
me in writing if you wish to receive a copy of my field report and/or
questions and notify agencies, conatinents from reviewing g
Sincerely,
9� W . ti
Lynn W • Mathis
Field Representative III
LWM/kh
Enclosure
cc: John Parker
Richard L. Watts

' DIVISION OF COASTAL MANAGIIIM1IT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hatteras Estates
2. LOCATION OF PROJECT SITE: Adjacent to Hatteras Estates, at the end of Pamlico Drive, in
Hatteras Village, Dare County. The project site extends from Hatteras Estates in Sandy Bay to
Durants Point in the Pamlico Sound.
Photo Index - 1995: 172-1758: A-G17, G18, H19, 120, J21
1989: 189-1: B-C8&9, D10&11, E-H12, I-M13, O-R14, R-V15
State Plane Coordinates - X: Between 550575 and 556000 Y: Between 2991799 and 2993225
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 26, 1996 (Completed: August 9, 1996)
- Office - Elizabeth City
6. SITE DESCRIPTION:.
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Water, Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - N/A
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Shallow Water Bottom
High Ground Spoil Site
350,000 sq. ft.
131,250 sq. ft.
(D) Total Area Disturbed: 481,250 sq. ft (11.048 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants would like to dredge 1,800' of and existing channel and
5,200' of new channel from Hatteras Estates at the eastern most'canal, and around the bulkhead to
the west and turn in a northeasterly direction into Sandy Bay. The channel will follow an existing set
of Channel Markers (#8, #6, and #4) and will terminate near Durants Point, just south of Marker 2.

Hatteras Estates
Page 2
Bio Report
PROJECT SETTING
The project site begins at Hatteras Estates adjacent to two man-made canals created in the
mid 1960's. The canals are located adjacent to Shoal Drive and Pamlico Drive, Hatteras
Village, Dare County. A remnant channel extends around Hatteras Estates into Sandy Bay,
terminating at Channel Marker 8. Additional Channel Markers extend from the remnant
channel, beginning at Marker 8 and terminating just south of Marker 2 adjacent to Durants
Point.
The shoreline along Hatteras Estates is completely bulkheaded. To the east, across the canal
from Pamlico Drive, is property belonging to a Mr. Edward Austin. The shoreline along the
Austin property is composed of debris with intermittent upland vegetation. A breakwater
structure extends out into the mouth of the canal and is composed of wood and rock material.
The dredge project will begin on the waterward side of the breakwater structure.
The applicants wish to extend the channel from Sandy Bay to Durants Point, in the -Pamlico
Sound. The water in this area is classified as SA and is closed to shellfishing at the time.
Water depths along the channel in Sandy Bay range from (-3.5) to (-5 ) e
ar Marker 8. Depths between Marker 8 and Marker 6 range from (-3.3') to (-4.2'), while
depths between Marker 6 and 4 range from (-3.7') to (-4.4'). The final section to be dredged
currently exceeds (-5')in depth and terminates at a proposed connecting depth of (-7').
The dredge spoil site is located adjacent to the proposed channel, between Marker 8 and 6,
near the mouth of Muddy Creek. Previously permits have been issued for this site in
conjunction with a number dredging projects. In 1972 a the site was permitted to William Z•
Barrus by the Department of Conservation and Development (#623). The Barrus property
also received three CAMA Major Permits to receive dredge material. Previous permits.issued
to the property include #67-82, #139-88 and #180-89. CAMA Major Permit #139-88 is
currently active and will expire on December 31, 1996. The site is vacantproperty.
ythis time with
the exception of a partial berm along the north and west sides of the roe The Barrus
site currently holds a valid Mining Permit from Land Quality, but the site is not in use. The
property is not being used at this time, but contains some remnant spoil material. Vegetation
on the site is sparse and appears to be limited to a variety of upland weeds. The Barrus Tract -
is completely bulkheaded adjacent to Pamlico Sound and contains a permanent cutout for the
placement of an effluent pipe.
CAMA Major Permit #180-89 was originally issued to Gamaliel Ballance to maintenance
dredge the channel from Hatteras Estates to Marker 8 and to "The Slash". During the
dredging of the channel to Marker 8 the length, width and depth were increased from 800'x
20'x 4' to approximately 1,600'x 30'x 6' in violation of the permit. Ad Notice n�Violation
(#91- 31A) was issued to Calvin D. Barrus, Jr. of Cape Dredging Y
outstanding. The permit was eventually transferred to the Hatteras Estates' Property Owners
Association in 1991.

Hatteras Estates
Bio Report
Page 3
PROJECT DESCRIPTION
The application submitted request includes maintenance dredging approximately 1,800' of a
remnant channel to a depth of (-7'), beginning at the mouth of the eastern most canal,
adjacent to lot 48 in Hatteras Estates, to the entrance of the subdivisions boat basin, and out
to Channel Marker 8. The dredge project will also include approximately 5,200' of channel -
7' in line from Channel Marker 8 to a point just south of Marker 2 near Durants point.
While there are existing Channel Markers leading from Marker 8 in Sandy Bay to Durants
Point, aiel photographs dating back to 1978 do not indicate the existence of a remnant
channel.
According to the application the amount of spoil material that will be generated from the
project will be 45,000 cubic yards. Field Calculation indicate a reduced amount of
approximately 31,780 cubic yards of spoil material. Dredging will be accomplished by a
hydraulic dredge and pumped to a site located between Sandy Bay and Durants Point. The
application states that the spoil retention site will be 1,050'x 125'x 5' (24,305 cubic yards),
while the plans submitted indicates that the retention capabilities of the bermed area will be
closer to 22,215 cubic yards of spoil material. In either case the amount of material to be
generated will exceed the holding capacity of the site.
Submerged aquatic vegetation is evident along the surface of the water in and around the
alignment of the existing and proposed channels, but it is not clear from the field
investigation whether the vegetation is established within the channel alignment or simply
present as a result of prop scour in the surrounding waters. A significant amount of Eelgrass
was found in the waters of the project area.
ANTICIPATED IMPACTS
The project will impact approximately 350,000 square feet of sandy shallow water bottom, of
which approximately 260,000 square feet appears to be new disturbance. It also appears that
the project may disturb aquatic vegetation within the new channel alignment. Localized short
term turbidity will result from the dredging operation, which may have a short term
detrimental effect on the SA water.
The placement of the spoil material in an existing, previously permitted spoil retention site
will result in the temporary filling of over 119,960 square feet of high ground. The volume
of the proposed spoil area does not appear to be adequate to retain the estimated spoil that
will be generated from the dredging operation.
As noted earlier in this report, previous permits have been issued for dredging in Sandy Bay,
specifically from Hatteras Estates and the Slash into Pamlico Sound. The last permit issued
(#180-89) restricted the depth of the channel to (-4.5') due to the presence of submerged
aquatic vegetation. Previous requests to dredge channels in the Sandy Bay area have been
limited to a width of 20'. The current request will greatly increase the area previously
undisturbed within the existing remnant channel in addition to the 5,200' channel leading to
Marker 2.

Hatteras Estates
Bio Report
Page 4
While no archeological sites are ]mown to be associated with the project area, pottery shards
were found at the spoil disposal site. It should be remembered that this site has been used in
conjunction with numerous projects in Hatteras Village.
There are no unique remnant species or geological formations known to be associated with
the project area.
CAMA REVIEW
Land Use Plan Consistency determination will be submitted under separate cover by John
Thayer.
Submitted By: Lynn Mathis
Date: August 13, 1996

Form DCM-MP-1
APPLICATION, REC'�Nrl
(To be completed by all applicants) APR 2 5 1996
b. _Ciry' town, community or landmark
Ha(fera.s C 11 uraw fs GhQfl#
1. APPLICANT ViU.e+GC
a. Landowner: S'Oei sxe'�r,
Name W, Z, gurrus
Address I" • eq • 13 oX ;F
City 14 a theca 5 State /U C—
Zip �2 99'13 Day Phone 7/1- 2,56 -2333
Fax
b. Authorized Agent: #afte/'us Cs�aft�s
Name ✓ annle, )Uam-s
Address 1• 6, IUD x /D S
City 14 et 1 era'5 State A) C�
Zip -27 9 y3 Day, Phone i19' %8G —,2 395
Fax
c. Project name (if any)
lust Eton �sr�-ems
N07E: Permit will be issued in name aflmuf w eril), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Df%12E Ceantz
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? ✓ Yes No
e. Name of body of water nearest 7pro ect (e.g. iver,
creek, sound, bay) urawfs Clle anh
OR Past 11'10 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.
MarkeJ e4anrle1, C'er5t_
Gatanc� h/a�s r_kawwel 044, fH d Ii'ify
ki' LiaP.4 UBayS &fu - ekanwe/ iS
u Ns2b/� olue_ A0 shaa/ino
b. Is the proposed activity maintenance of an existing
project, new work, or both? 4W4 i-enaNc-2
c. Will the project be for public, private or commercial
use? PublrL
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. ehanntl to be- EyL_a!/ari�j
gv Q hydrau(Ilc r -De aP fer- 8aa'fiwg
b fi< Na- E 5 Y.c )1e
cc a iac2w _��oertres
Revised 03195

Form DCM-MP-1
tAl 2
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 5100I 't /Q� ,
b. Size of individual lot(s) �'i�m
c. Approximate elevation of tract above MHW or
NWL :uaei/ /%eat..
d. Soil type(s) and textures) of tract N%
e. Vegetation on tract N
f. yMan-made features now.on tract
g. What is the CAMA Land Use Plan land
classification of the site? (Con uh the local land use plat.)
(� Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? 1?' Yes No
(Anach zoning mnpliance cerfijicate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes `-4 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 l" No
1. Are there wetlands on the site? _ Yes l° No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentadon, if available)
m. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater,,inddViallcommercial effluent, "wash
down" and residential discharges.)
o. Describe existing di ng water supply source.
N�
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 unfamrhar with the area to the
Revised 031M

Form DCM-MP-1
RENFIN "
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name CIf.4T1,E%2�S F5-Az �W5 7
Address 5,ee 46q4lbd
Phone l80 -89 (Lx4114ev
Name got� A-424rc-w-z Bw /a5
Address I < ewreP&+ u ptl f 42 If 4,
Phone flor,an La N a ),gels are mh
I !3q -88 (rtcrty6)
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.
see 10aclnems!
pe r m t4 -�o.- fh i S JJr4 h^ E
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A, signed AEC hazard notice for projects in
oceanfront and inlet areas.
® A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
APR 2 5 1996
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State; of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program. .
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in.this
application is truthful to the best of my knowledge.
This is the 19 day of rt I , 19-? .
Print Nam',1. /%1J %! %am - : _ It-, % l t f ��
Signature/�l0
LMIL r or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
Y2 DCM MP-2
Excavation and Fill'Infornnation
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP-2
jr,Xul4bTATYliN
A-04D FILL
(Except brldgcs 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 projact.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MI W) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
E)nsting Project
Leneth Width Daeth Mpth.
�Cx�
110 s,,s
a?
.<,
......... ;
1��v� � vas/�✓
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 95, 066 yd 1
b. Type of material to be excavated SQ,pd , 5ha //
-FiQ, .Mepf'l-S -* -5016
•c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? -_ Yes tP No
d. Highground excavation. in cubic yards O
2. DISPOSAL OF E, XCAVATED
MATERIAL
a. Lgcation of disposal area �n-fluewe.e 6�
/IIuJekv Creek c+ tnjlzee SO4ted
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
7
If yes, where? Same/%ea—

DREDGE OPERATION AND SPOIL AREA NARRATIVE
DREDGE OPERATION:
A hydraulic dredge will remove the sand and silt from Durants Channel as indicated in our
application. The material will be transferred by pipeline to the spoil settling area. The
solids will be removed from the spoil area after settling/drying has occurred.
SPOIL AREA:
The spoil area is located at the Muddy Creek - Pamlico Sound juncture. The area is apx
1050' by 125'. A berm willbe constructed around this area to hold the dredged material.
The sand/silt will be removed with a backhoe from the spoil area as necessary to continue
dredging of the channel.

Typical Cross Section of
Dike
not to scale
-51zE 6F SPo I L ly[ZE 7�
2.7 = 2y, 3as. cuye�

L
n:
�T Attachment # 2
N
CC
r-.,a�lHn Av¢nige �1fh NWI.
Hatteras Estates Project
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PROJECT: To dredge - r�
g 1 800of an existing channel and 5,200,
from Hatteras Estates at the eastern west and turn in most canal Of new channel
a no , and around the bulkhead to the
follow an existing set of Channel Markersn into Sand bar.
terminate near Durant s Point The channel will
�n8. !/6, and �f4) and will
, just south of Marker 02.
�O.MMENTS ACCEPTED THROUGH September 15, 1996 APPLICANT.
4r. W. Z. Burr us FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
'. 0. Box 27 NC Division of Coastal Management
[atteras, NC 27943 Y- 1367 US 17 South
Elizabeth City, NC 27909

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