20020942 Ver 1_COMPLETE FILE_20020613

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Timothy Daniel
540 Clearview Road
Aspers, PA, 17304
APPROVAL of 401 Water Quality Certification
Dear Mr. Daniel:
June 18, 2002
DW Q# 02-0942
Dare County
You have our approval, in accordance with the attached conditions, to place fill in 0.031 acre of coastal wetlands, estuarine
waters and coastal shoreline in order to construct a bulkhead at the Port Avon Subdivision in Avon, Dare County, as described in your
application received by the Division of Water Quality on June 13, 2002. After reviewing your application, we have determined that this fill
is covered by General Water Quality Certification Number 3371, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when 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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification.
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 Tom Steffens or Deborah Sawyer in our Washington Regional Office at (252) 946=6481 or Cyndi Karoly in
our Central Office in Raleigh at [phone].
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWO Regional Office
Central Files
File Copy
Doug Huggett
Gary Price, P.O. Box 591, Avon, NC, 27915
020942
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
rvucnaoi r-. casiey, uuvanlu,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
VMX
rNCDENR
Customer Service
1 800 623-7748

DCM % DWQ %
Development Type FEE (14300 1601-435100093 1625 6253 (24300 1 602 435100095 2341
non-commercial
1
Private
.
,
development that does not Involve
5250
100%(S250) 0°ib (SO)
the filling or excavation of any
wetlands or open water areas:
Public or commercial development
H
.
that does not involve the filling or
5400
100%(S400) 0% (SO)
excavation of any wetlands or open
water areas:
it[. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A 8, C, or D
below applies:

III(A). For private, non-commercial
development, If General water Quality 5250 100%($250) 0% (S0)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commarcial
development, If General water Quality $400 100% (5400) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff

5400
60%(S240)

40%
($160)
determined that additional review and
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) 5400 60%(S240) 40% (5160)
can not be applied:

IV. For development that involves
the filling and/or excavation of more 5475 60% (S285) 40% (S190)
than one acre of wetlands and/or
open water areas:
DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Timothy & Linda Daniels
2 LOCATION OF PROJECT SITE: Lot 12, 40093 Reef Dr, Port Avon Subdivision, Avon, Dare
County, man-made canal to the Pamlico Sound
Photo Index - 2000: 174-2039, D 7; 1995: 174-1783,C 17
State Plane Coordinates, X: 3039600 Y: 599500 GPS C060713A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 27, 2001, April 26, 2002
Was Applicant Present - Yes (Agent); Yes
5. PROCESSING PROCEDURE: Application Received Complete - April 26, 2002
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 - nothing additional
(F) Type of Structures: Existing - single family residence & a 4 ft by 10 ft dock; Planned - 83ft of
bulkhead
(G) Estimated Annual Rate of Erosion: 2.0 ft.
Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
UVO A V A rrVn PTT T Pn T)TSTT MIRED
(A) Coastal Wetlands 125 sf, .002 A
(B) Public Trust/Estuarine
Waters 250 sf, .005 A
(C) Upland / Coastal Shoreline 1,000 sf, .022 A
(D) Total Area Disturbed: 1,3'/5 st., u31A
(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 Port Avon Subdivision, Avon, Dare County.
Timothy and Linda Daniels, Dare County
FIELD INVESTIGATION REPORT
Page 2
Project Setting
The application site is located at lot 12, Reef Drive, Port Avon Subdivision in Avon, Dare
County. The site consists of a 12,632 sf lot, with a total of 83 if of shoreline along a man-made
canal that connects to the Pamlico Sound. Timothy and Linda Daniels are the owners of this
property and this property includes a SFR and a small dock (10 ft L by 4 ft W). The footprint of
this residential structure is outside of the Coastal Shoreline AEC.
This lot has a level grade and has a reported elevation of 5 ft above the NWL. The soils on this
lot are sandy with more organic-hydric type soils located directly adjacent to the shoreline. This
lot is vegetated in mostly upland grasses. The area directly adjacent to the shoreline is vegetated in
an irregular one-to- two-foot wide Juncus roemerianus, Spartina alterniflora and Spartina patens
coastal wetland fringe that receives occasional flooding from the connecting waters of the Pamlico
Sound. This fringe consists predominately of Juncus roemerianus and Spartina patens. Bulkhead
structures are located along the shorelines of both adjacent lots.
Evidence of shoreline erosion exists along portions of the shoreline of lot 12. Portions of this
shoreline are being undercut and have eroded, resulting in some clumps of existing vegetation
falling off into the canal. Some evidence exists that some erosion has occurred behind the return
walls of the adjacent bulkhead structures. The application states that 2- ft of erosion have
occurred on this lot along this shoreline within the last year.
The canal width is approximately 100 ft. The water depth at this site, at a distance of 3 ft
off-shore, is less than one ft. The canal bottom consists of predominately sand with little
organic material. No significant areas of submerged aquatic vegetation were observed
along the shoreline during the application site visit. The waters of this canal carry the
same water classification as the Pamlico Sound. The North Carolina Environmental
Management Commission has designated these waters as 'SA' waters (suitable for shellfish
propagation and harvesting); however, the waters in this vicinity are closed to the
commercial harvest of shellfish. During the site investigation visits, no shellfish were
observed along the water bottom in the vicinity of this project. Some juvenile finfish were
observed along the shoreline.
The Coastal Resources Commission (CRC) has also designated these waters as Public Trust Area
and Estuarine Water Areas of Environmental Concern (AEC). In addition, under the designation
of the CRC, the Coastal Shoreline AEC extends in a contour of 75 ft landward of the NWL. The
CRC has also designated coastal wetland vegetated areas, like the one described above, as a
Coastal Wetland AEC. The North Carolina Marine Fisheries and Wildlife Resources Commissions
classify the waters of the Pamlico Sound as Coastal Waters.
Timothy and Linda Daniels, Dare County
FIELD INVESTIGATION REPORT
Page 3
Project Description
The applicant proposes to stabilize the shoreline of lot 12 with a wood bulkhead and tie this
structure into the existing bulkhead structures on the adjacent lots to the north and south. A 15 ft
long return wall will be installed between lots 11 and 12. The applicants request to align the
proposed bulkhead with the neighboring bulkheads on lots 11 and 13, although the proposed
structure will not actually connect to the bulkhead structure on lot 11. The proposed bulkhead
alignment will extend waterward an average of 3 ft beyond the NWL. This proposed alignment
will also result in a bulkhead alignment that will extend a maximum distance waterward of 5 ft
beyond the NWL in some sections where more erosion has taken place. The proposed bulkhead
will be constructed of treated wood and the tieback area will be backfilled with sand from an off-
site source. This bulkhead alignment will result in the placement of approximately 9 cy of fill
material below the NWL. The applicants intend to maintain the existing dock at or near its
present location. This proposal does not include any maintenance excavation of the adjacent canal
bottom areas beyond the bulkhead alignment.
Anticipated Impacts
The proposed bulkhead alignment will result in the filling of approximately 250 sf of Public Trust
Area, as well as the filling and associated loss of approximately 125 sf of coastal wetland fringe
habitat within and adjacent to these Public Trust Area and Estuarine Waters. The overall land
disturbance within the Coastal Shoreline, associated with the tieback area, will be approximately
1,000 sf. The bulkhead structure, backfill, tieback and grading activity associated with the
bulkhead installation will result in a total of approximately 1,250 sf of land and water disturbance
(or displacement) within the Estuarine System.
An inspection of mapping data on cultural resources revealed that no archaeological or cultural
resource findings had been recorded on the available maps in the immediate vicinity of this
project. However, these maps have not been updated in at least 10 years and the potential for the
existence of cultural or historical resources is possible.
The proposed shoreline stabilization structure 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 this lot and
in turn, reduce the long-term turbidity associated with un-stabilized shorelines. This structure's
placement between the two existing bulkhead structures should reduce any erosion that has been
occurring behind the return walls of these existing bulkhead structures.
Timothy and Linda Daniels, Dare County
FIELD INVESTIGATION REPORT
Page 4
It is noted that this proposed structure will not connect to the adjacent bulkhead structure to the
south on lot 11, as the structure on lot 11 does not extend entirely to the common property line of
lots 11 and 12. It is likely that some erosion may occur in this gap; however, possibly, this 5 ft
gap may be bulkheaded at a later time, authorized by either a separate CAMA Major Permit or a
General Permit issuance. The proposed structure and its construction will not interfere with any
riparian access or public trust concerns along this canal and this proposal does not include any
maintenance excavation of the adjacent canal water bottom.
Submitted by: Dennis W. Hawthorn
Date: June 6, 2002
APPLICATION
(To be completed by all Applicants)
1. APPLICANT
a. Landowner.
Name Timothy Daniel
Address 540 Clearview Rd
City- Aspers State PA.
Zip 17304 Day Phone
Fax
b. Authorized Agent:
Name Garv Price
Address R.o. Box 591
City Avon, State NC
Zip 27915 Day Phone [phone]
Fax [phone]
c. Project name (if any)
b. City, town, community or landmark
RECEIVED
MAR 2 2 2002
COASTAL M?ANAQCITY
yt;jyE?
ELIZAj3
c. Street address or secondary road number
40093 Reef Drive
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river
creek, sound, bay) Pamlico Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,
and excavation and/or filling activities.
Construct Bulkhead
b. Is the proposed activity maintenance of an
existing project, new work, or both? New
c. Will the project be for public, private or
commercial use Private
Note: permit will be Issued in name of landowner(s), and/or
project name
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
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. Storm Protection, Erosion and
Flood Control: Residential: Manual & Mechanical
Labor
4. LAND AND WATER
CHARACTERISTICS
m. Describe existing wastewater treatment facilities.
Private Septic
62,(032 sK
a. Size of entire tract-
b. Size of individual lot(s) n/a
c. Approximate elevation of tract above MHW or
NWL 5 0'
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
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract lndi enous upland &-
Wetland
o. Describe existing drinking water supply source.
Community
f. Man-made features now on tract Residence_
g. What Is the CAMA Land Use Plan land classification
of the site? (Consult the localland use plan)
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
(attachzon/ngcompl/ancecert/1/cate, lfappllcable)
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? _K -Yes No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
Dennis Hawthorne and Gary Price
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 ii" white paper. (Refer to Coastal Resources
Rule 71.0203 fora 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 David Butrvm
Address 9409 Sir Barry Dd.
Richmond Va 23229
Name Carol Mills
Address P.O. Box 946
Avon NO, 27915
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.
Environmental Policy Act (N.C.G.S. 113A- I 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 7 day of nil a? , 2002
Print Name
Signature
tandownero AuthorizedAffent
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 E4CH ATTACHMENT IN THE SPACE
PROVIDED AT THEBOTTOM 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 CAMA
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
till activities. All values to be given in feet.
1. EXCAVATION
a. Amount of material to be excavated below
MHW or MLW in cubic yards
b. Type of material to be excavated
Average Final
Existing Project
Length Width Depth Depth
C. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
d. Highground excavation in cubic yards
Access
channel
(,-MI AV) or (NWL)
Canal
2. DISPOSAL OF EXCAVATED
MATERIAL
Boat
basin
Boat
a. Location of disposal area
ramp b. Dimensions of disposal area
Kuck
breukwater
c. Do you claim title to disposal area?
Yes No
Other
(I*xcludina
shoreline d. Will a disposal area be available for futttre
stabilization) Maintenance? Yes No
If 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
If Yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 83'
c. Average distance waterward of MHW or NWL
3'
d. Maximum distance waterward of MHW or MLW
5' -
e. Shoreline erosion during preceding 12 months
2` , 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
(2) Bulkhead backfill 9
h. Type of fill material Sand
i. Source of fill material Upland / Off site
4. OTHER FILL ACTIVITIES n/a
a. Will fill material be brought to site?
Yes No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated 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 and-Du D Truck
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
.1
Applicant Project Name
Signature
/ /f7
Date
`1 71 D,..L
(? a1wK?tu.?T1? a Pte, AVON, NC
PROP
BACKFILL j BULKHEAD
\ ° TYPICAL SECTION GPI
NWL (1.. _ 4) ro
40
SITE
PROPOSED BULKHEAD
v rL
7 SR 1245
4
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W
W
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1
LOT 13
PART OF LOT 14
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txM
U? WL-cL+"#3 D
192 01 TIE TO EXISTING
E v-_ BULKHEAD
S 82042'00"
206.944 -
LOT 12 `
12632 sq ft ?? i
EXISTING ?o AEC AREA i
DWELLING ?W 5,735.92 sq ft l { J
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LEGEND
EXISTING CONCRETE MONUMENT
O EXISTING IRON STAKE
UTILITY POLE
• SET IRON STAKE
COASTAL WETLANDS
40 30 20 10 0 40 80
II
11
II ?
LOT 11 II
(MILLS) II U
II
II
- - EXISTING BULKHEAD
WATERFRONT PLAN FOR:
TIMOTHY & LINDA DANIEL
LOT 12,
PORT AVON
AVON, NC
Township County State
KINNAKEET DARE NORTH CAROLINA
Date File Number F.I.R.M. Zone Pin Number
01/11/0 2 AE
Scale FB/Pg Base Flood Elevation Zoning
V = 40' 059/74 8.00' R-2A
Recorded Reference Community/Panel/Suffix Average Ground Elevation
MB 7 PG 56 375348 0810 D 5.0'
AVON
SHOWING
SR 1228 T N

HAHRpH RD \
0
2

a
KILIUY IN
AVLONA OR i
CARfIAY C7
LOCATION SKETCH, NOT TO SCALE
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