20010694 Ver 1_COMPLETE FILE_20010504

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 7, 2001
DW Q# 01-0694
Dare County
Jim Carolan
P.O. Box 272
Frisco, NC, 27936
And
Edward K. Daggers
P.O. Box 6
Hatteras, INC, 27943
APPROVAL of 401 Water Quality Certification
Dear Mr. Carolan and Mr. Daggers:
You have our approval, in accordance with the attached conditions, to place fill in 0.058 acre of wetlands, Public Trust Waters
and Coastal Shoreline in order to construct a shoreline bulkhead along a man-made canal to the Pamlico Sound on your properties in
Frisco, Dare County, as described in your application received by the Division of Water Quality on May 4, 2001. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3274. This Certification allows you
to use your CAMA Permit when it is issued by the NC Division of Coastal Management. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett
Gary Price, P.O. Box 591, Avon, NC, 27915

010694
Kerr T. Stevens
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
MEMORANDUM
TO: John Dorney Regional Contact: Tom Steffens
Non-Discharge Branch WO Supervisor: Jim Mulligan
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jim Carolan & Edward K. Daggers County Dare
Project Number 01 0694 County2
Recvd From DCM Region Washington
Received Date 514101 Recvd By Region 5/30/2001
Project Type bulkhead
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
CAMA SM OO T _0N F_---I 30-22 1-SA- HQW 30,155. 0.01 r F_ F__
waters O Y N I I 1 0.01 F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y QQ N Did you request more Info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y Q N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Received in WaRO 30 April 01. Site visit 06 June 01 by Tom Steffens. Recommend issue with no
conditions.
cc: Regional Office Page Number 1
Central Office
J
North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
April 27, 2001
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
01 0094
?VV
John R. Dorney, Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Jim Carolan & Edward K. Daggers
Lots 220 & 221 Captain's Court in Frisco, Dare County
Construct approximately 133' of bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 18, 2001. If you have any questions regarding the proposed project, please contact
Dennis W. Hawthorn at [phone]. When appropriate, in-depth comments with supporting
data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
??A
NCDENR
Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: http: //dem2. enr. state. nc. us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/ 10`6 POST CONSUMER PAPER
!-• <r?i?a,^'??'? !' .. ,fir,, ??
f, ? K :N•i?. 4 ,
DCM %
Deeloprnent Type FEE
(14300 1601 435100093 16i
L Private, non-commercial
development that does not invcive
the filling or excavation of any 5250 100% (5250)
wetlands or open water areas:
II. Public or cmmercal development
that does not involve the filling cr
excavation of any wetlands or caen S :0 CC S:CO)
water areas:
III. For development that involves the
Ong and/or excavation of up to 1
acre of wetlanas and/or open water
areas, determine if A. B. C. or 0
below applies:
III(A). For Private, non-commem-al
development. If General water Quality
Certification Ne.3301 (see attached) 5L0 1C0°b (5250)
can be applied:
III(B): For public or commercal
development, if General water Quality
Certification No.3301 (see attached) 5400 100% (5400)
can be applied:

III(C). If General Water Quality EMMENOMMUMMM?
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and S:CO 60%(S240)
written DWQ concurrence is needed
because of cncems related to water
quality or aquatic fife:
D). If General Water Quality
Certification No. 3301 (see attached) 5400 60% (5240)
can not be applied:
IV. For development that involves
the MV and/or excavation of more
5475
than one acre of wetlands and/or
60%(S285)
open water areas:

DWa %
2 435100o95 2U I
(Sc';
0 ;Sc)
0% (SO)
40% (5160)
40% (S 160)
40% (5190)
1 ?
DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jim Carolan & Edward K. Daggers
2 LOCATION OF PROJECT SITE: Lots 220 & 221, Captain's Court, Brigands Bay
Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound
Photo Index - 2000: 172-2019, m 12 1995: 172-1763,m 6
State Plane Coordinates, X: 3017800 Y: 56800 GPS C032219A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 11, 2001
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - March 9, 2001
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Coastal Shoreline, Coastal Wetlands
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - septic tanks; Planned - same
(F) Type of Structures: Existing - lot 220, one single family residence (SFR), lot 221, one SFR
under construction;
Planned - 133.6 ft of bulkhead
(G) Estimated Annual Rate of Erosion: 3.0 ft.
Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
EXCAVATED FILLED DISTURBED
(A) Vegetated Wetlands 200 sf, .004 A
(B) Public Trust/Estuarine
Waters 400 sf, .009 A
(C) Upland / Coastal Shoreline 2,000 sf, .045 A
(D) Total Area Disturbed: 2,000 sf., .045 A
(E) Primary Nursery Area: No
(F) Water Classification: SA; closed to shellfish harvest
8. PROJECT SUMMARY: This project involves bulkhead shoreline construction for stabilization along the
shoreline of a man-made canal to the Pamlico Sound in Brigands Bay Subdivision, Frisco, Dare County.
Jim Carolan & Edward K. Daggers, Dare County
FIELD INVESTIGATION REPORT
Page 2
Project Setting
The application site is located at lots 220 and 221, Captain's Court, Brigands Bay Subdivision in
Frisco, Dare County. The site consists of 2 adjacent lots, approximately 10,000 sf each, with a
total of 133.6 if of shoreline along a man-made canal that connects to the Pamlico Sound. This
canal is one of several finger canals that connect to the waterway known as Brooks Creek. Lot
220 is owned by co-applicant Jim M. Carolan, 50098 Captain's Court and includes a SFR with a
pool, deck and patio. All of these structures are located greater than 30 ft from the NWL but are
within the Coastal Shoreline AEC. Lot 221 is owned by co-applicant Edward K. Daggers and the
construction of a SFR is currently underway on this lot. The footprint of this structure is within
the Coastal Shoreline AEC but is greater than 30 ft from the NWL. Previous and current
development on these lots was authorized through the CAMA Minor Permit process.
These lots have an average elevation of 4.5 ft above the NWL. A dune ridge and/or a remnant
spoil embankment are located along the shoreline, predominately on lot 221, and this area has an
elevation of over 6 ft above the NWL. The soils on these lots are sandy with more organic-hydric
type soils located directly adjacent to the shoreline. These lots are vegetated in upland grasses and
woody stem shrubs and trees, as well as ornamental plant species. The area directly adjacent to the
shoreline is vegetated in Spartina patens and upland grasses except for a small area directly
adjacent to the NWL that has probably received regular or occasional flooding from the
connecting Pamlico Sound waters and this area is vegetated in a narrow wetland fringe
(approximately 200 sf) of Spartina alterniflora and Juncus roemerianus, as well as Spartina patens.
The shoreline of the next lot to the east (Lot 219) is stabilized with a wood bulkhead that
terminates at or near the property line. This lot (219) is developed with a SFR and lawn. The
shoreline of next neighboring lot to the west (Lot 222) is also vegetated with a Juncus - Spartina
fringe and is not stabilized with any hardened structures. This lot (222) is landscaped in lawn and
ornamental shrubs and is also developed with a SFR.
Evidence of shoreline erosion exists along portions of the shoreline of lots 220 and 221. Portions
of this shoreline have eroded where trees have blown over and this has resulted in erosion
escarpments in these areas. The application reports that 3 ft of erosion have occurred within the
last year on these lots.
A row of four remnant piles is located approximately 8 ft waterward of shoreline of lot 220. The
canal width is approximately 120 ft. Water depths at this site at a distance of 3 ft off-shore are
less than one ft. This canal is approximately 1,200 feet in length and is one of three finger canals
that connect to the Brooks Creek canal. The canal bottom consists of predominately sand with
little or no organic material. No significant areas of submerged aquatic vegetation were observed
during the application site visit. The waters of this canal carry the same water classifications as
the Pamlico Sound and are not open to commercial shellfish harvest in this vicinity. The North
Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico
Sound as Coastal Waters. The Coastal Resources Commission has designated these waters as
Public Trust Area and Estuarine Waters.
Jim Carolan & Edward K. Daggers , Dare County
FIELD INVESTIGATION REPORT
Page 3
Project Description
This project proposes to stabilize the entire shoreline of lots 220 and 221 with a wood bulkhead
and tie this structure into the existing bulkhead on lot 219. A 15 ft long return wall will be
installed between the applicants' lots. The applicants propose to align this new bulkhead with the
existing bulkhead on lot 219 and extend this alignment an average of 3 ft waterward of the NWL.
This alignment will require that the bulkhead extend a maximum distance of 5 ft waterward of the
NWL. The proposed bulkhead will be constructed of treated wood and the tieback area will be
backfilled with sand from off-site. This alignment will result in the placement of approximately
8 cy of fill material below the NWL. The overall land disturbance, including bulkhead backfill
and tieback area will be approximately 2,000 sf.
Anticipated Impacts
The proposed bulkhead alignment will result in the filling of approximately 400 sf of Public Trust
Area, as well as the filling and associated loss of approximately 200 sf of coastal wetland fringe
habitat within and adjacent to these Public Trust Area waters. The filling and grading activity
associated with the bulkhead installation will result in approximately 2,000 sf of land disturbance
within the Coastal Shoreline buffer. The proposed shoreline stabilization and filling activity will
result in an increase in turbidity levels, at least temporarily, along this portion of this waterway.
The placement of a bulkhead structure may result in alteration of the shallow water habitat bottom
adjacent to the existing shoreline. The proposed structure will reduce the erosion of the shoreline
of these two lots and in turn, reduce the long-term turbidity associated with un-stabilized
shorelines. However, once this structure is in place, shoreline erosion may increase on the un-
stabilized shoreline of the adjacent lot, lot 222. The proposed structure and construction to install
it will not interfere with any riparian access.
Submitted by: Dennis W. Hawthorn
Date: April 23, 2001
APPLICATION
1. APPLICANT
a. Landowner:
(To be completed by all Applicants)
Name Jim Carolan / Edward K. Daggers
Address P.O. Box 272 / P.O. Box 6
City Frisco/ Hatteras State NC
Zip27936/ 27943 Day Phone
Fax
b. Authorized Agent:
Name Gary Price
Address P.o. Box 591
City Avon. State NC
Zip 27915 Day Phone [phone]
Fax [phone]
c. Project name (if any)` n/a
Note: Permit will be Issued in name of landowner(s), and/or
project name
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
f5
b. City, town, community or landmark
Frisco
c. Street address or secondary road number
50098 Captains Court & adjacent Lot
d. Is proposed work within city limits or planning
jurisdiction? X--..Yes No
e. Name of body of water nearest project (e.g. river
creek, sound, bay) _Pamlico. Sound
3. DESCRIPTION AND PLANNEb 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.
Bulkhead with Backfill
b. Is the proposed activity maintenance of an
existing project, new work, or both? New Work
c. Will the project be for public, private or
commercial use Prlv_ate
d. Give a brief description of purpose, use, methods
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Erosion Control &Flood
& Storm Protection: Residential: Mechanical
& Manual Labor
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 20,628.12 sq. ft.
b. Size of individual lot(s) 10,537.66 sq. ft./
10,090.46 sg. ft.
c. Approximate elevation of tract above MHW or
NWL 4.5'
d. Soil type(s) and texture(s) of tract
sand
e. Vegetation on tract Indigenous Upland &
Coastal wetland
f. Man-made features now on tract Residence
on Lot 220
g. What Is the CAMA Land Use Plan land classification
of the site? (consatthelocal land useplan)
X Conservation Transitional
Developed Community
Rural Other
h. How is tract zoned by local government?
Residential
I. Is the proposed project consistent with the applicable
zoning? X Yes No
(attach zon/ngcompllancecertificate, lfappl/cable)
J. Has a professional archaeological assessment been
done for the tract? Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other N/A
If yes, has a delineation been conducted? X
Elizabeth City CAMA Representative
m. Describe existing wastewater treatment facilities.
Private Residential on Lot 220
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff,
sanitary wastewater, Industrial/ commercial affluent
"wash down" and residential discharges.)
Surface Runoff
o. Describe existing drinking water supply source.
minty Water Supply
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 to carry out the project.
An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink
on 8 1/2" by I I" white paper. (Refer to Coastal Resources
Rule 71.0203 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 the applicant. (Contact
the U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is part of plat
requirements and it must be sufficiently detailed to guide
agency personnel unfamiliar with the area to the site. Include
highway or secondary road numbers, landmarks, & the like.
A Stormwater Certification, if 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 S. Paul Avenoso
Address 315 Riveria Dr., Forked River, NJ.. 08731
Phone
Name Irene Clare Nolan
Address P.O. Box 414, Buxton, NC. 27920
Phone
Name
Address
Phone
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N/A
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.
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
Environment Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this application will
allow only the development described in the application. The project will
be subject to conditions and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed activity complies
with state of North Carolina's approved Coastal Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to 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 2nd dayof January , 2001
Print Name Jim Carolan & Edward K. Daggers
Signature
Lando erorAuthotfzed ent
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 THEBomom OFEACH FORM
A statement of compliance with the N.C.
EXCAVATION
AND FILL N/A
(Except bridges and culverts)
Attach this form to Joint Application for C AMA
Major Permit, Form DCM-MP-1. Be sure to complete
all other sections of the Joint Permit Application relate
to this proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet. N/A
Average hinol
Exisling Project
Length Width Depth Depth
Access
channel
(M LW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1. EXCAVATION N/A
a. Amount of material to be excavated below
MWW or MLW in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
d. I lighgrouncl excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
a. Location of disposal area
b. Dimensions ol'disposal area
c. Do you claim title to disposal area?
Yes No
d. Will a disposal area be available for future
Maintenance? Yes No
f yes, where'?
e. Does the disposal area include any coastal wetlands
(marsh), SAV's or other wetlands?
Yes No
f. Does the disposal include any area in water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 133.6
c. Average distance waterward of MHW or NWL
2f
d. Maximum distance waterward of MHW or MLW
5'
e. Shoreline erosion during preceding 12 months
3' (owner observation)
(source of information)
f. Type of bulkhead or riprap material Wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap n/a
(2) Bulkhead backfill 8
h. Type of fill material Sand
i. Source of fill material Upland Off Site
4. OTHER FILL ACTIVITIES N/A
a. Will till material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fil
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated material be kept on site
and erosion controlled? N/A
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Backhoe
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts
Jim Carolan & Edward K. Daimers
Applicant or Project Name
'LG /LLt_t/ '2
Signature
Ile,J
Date
RANKIN SURVEYING tl"UL uc
03/09/2001 10:23 2529955500 - --- -------
PAMLICO SOUND
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LEGEND
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WATERFRONT CONSTRUCTION PLAN FOR:
EDWARD K. DAGGERS
& )IM CAROLAN
LOTS 220 & 221
BRIGANDS' BAY
FRISCO, NC
County State
DARE NORTF
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WATERFRONT CONSTRUCTION PLAN FOR:
EDWARD K. DAGGERS
& JIM CAROLAN
LOTS 220 & 221
BRIGANDS' BAY
PLAN PREPARED BY: GARY PRICE FRISCO, NC
Township County It ate
HATTERAS DARE NORTH CAROLINA
Date File Number F.I.R.M. Zone P
050 in N umber 77 4855 / LOT 221
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