19970199 Ver 1_COMPLETE FILE_19970304

State of North CQrolina .
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Carroll Gray
305 Country Club Blvd.
Slidell, LA 704 58
Dear Mr. Gray:
AK4J
?EHNR
March 24, 1997
Dare County
WQC 401 Project #970199
COE #199703955
You have our approval, in accordance with the attached conditions, to place fill material in 0.10 acres of
wetlands or waters for residential use at your property between Pamlico Sound and NC 12, as you described in
your application dated 4 March 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3112.
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. 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) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. 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,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General 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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 919-733-1786.
Sincerely,
ton Howa1,Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional. Office
4. JohwDorney
Central Files
John Parker, DCM
George Wood; Environmental Professionals
970199.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199703955
February 28, 1997
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 Carroll Gray for Department of the
Army (DA) authorization and a State Water Quality Certification to place fill
material within Section 404 wetlands, on property located off N.C. Highway 12,
adjacent the Pamlico Sound, in Buxton, 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 April 29, 1997, 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,
k 4-RA4
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
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
DEHNR Fax:[phone] Mar 19 '97 1444 P.05/08
T6: $ot:ri `Duey
Planning Branch
DIVISION OF ENVIROANUNUL MANAG&MT
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PROIEC` I3ESCRIPTIO
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REQ., D: V
IP XR,S'; TYPE : A;A m.aY
<.MAGE -DISPOSAL
TYPE:OF DISPOSAL PROPOSED
(EXISTING, .OPT S TIC TA. ETC. )
TO BE PERMITTED BY:
(DEM, DHS, C , RT
IF $Y )EM, IS SITE AVAILABLE: AND PER"tIT ISSUANCE PROBABLE.
AREA OF • FILL : WATER :. -? U `- WETLAND : q3
I5 • FILL ELIMINATING A SIGNIFICANT USE? I%
• • `D1t?ING
AREA J-O BE DREDGED: --t? -?-
i TS DREDGING ACTIVITY EXPECTED TO CAUSE A OIGNIFICANT LOSS OF
RESOURCE?
I•S •SPC)IL -DISPOSAL ADEQUATELY ADDRESSED?
A-RE ,THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN RASM CLOSURE OF SHELLFISHING WATERS:
CC: WaRo; Central Files; DCM Field Offices; COE Washington Office
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Carroll Gray
2. LOCATION OF PROJECT SITE: Situated between the Pamlico Sound and NC 12 the property is
located just north of the Pilot House Restaurant. The property can be reached by turning left onto the
first asphalt drive north of the entrance to the Pilot House. The property is behind a row of dwellings
facing NC12 along the road.
Photo Index 1995: O, P, Q, & R - 10 1989: P, Q, R, & S - 6 1984: K, L, M, & N - 6
State Plane Coordinates - X: 3032150 Y: 571600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 21, 1997
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - February 21, 1997
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Shoreline
(C) Water Dependent: N/A
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) Type of Structures: Existing - None
Planned - Residence
(G) Estimated Annual Rate of Erosion: N/A
Source -N/A t
7. HABITAT DESCRIPTION:
[AREA]
(A) Vegetated Wetlands
404 wetlands
(B) Non-Vegetated Wetland
(C) Other
4,356 square feet
(D) Total Area Disturbed: 4,356 square feet (.10 acre)
(E) Primary Nursery Area: N/A
(F) Water Classification: Adjacent waters are SA Open: No
8. PROJECT SUMMARY: The applicant would like to fill 4,356 square feet of an isolated pocket of 404
wetlands. Approximately 3,924 square feet of the material fill will be placed within the Estuarine
Shoreline AEC, but no closer than 20' to the adjacent man-made canal.
Carroll Gray
Bio Report
Page 2
SITE DESCRIPTION
The property is located between the Pamlico Sound and NC 12, north of the Pilot House
Restaurant in Buxton, Dare County. The property is between 2.5 and 3 acres, over half of
which consists of 404 and coastal wetlands. Found along the sound is a Juncus marsh that
extends from the sound 600' in an easterly direction to a high ground ridge. On the east side
of the high ground ridge is an isolated pocket of freshwater wetlands (404) wetlands. The
isolated pocket,is approximately 13,588 square feet and of that 4,902 square feet are on the
applicant's property.
Vegetation on the high ground ridge includes Live Oak (Quercus virginiana), Loblolly Pine
(Pinus taeda), Wax Myrtle (Myrica cerifera). Vegetation in the 404 wetlands is primarily
Black Needle Rush (Juncus roemerianus) and Saltmeadow Cordgrass (Spartina patens). A
shallow canal crosses the northeastern comer of the property. A dirt road follows along the
canal and runs south along the back of the high ground, ridge. Except for the dirt road the
property is relatively undisturbed. No man made structures are on the property.
PROJECT DESCRIPTION
The applicant would like to fill 4,356 square feet in the isolated pocket of 404 wetlands around
the southeast section of the property, north of an upland ridge. Approximately 3,924 square
feet of fill will be placed within the Estuarine Shoreline AEC. The average depth of the fill
will be 3'-0" and will result in 484 cubic yards of material being placed in the freshwater
wetland. The fill will be graded and sloped at 2:1 and a silt fence will be placed along the
outside toe of the fill, adjacent to the remaining 404 wetlands, to prevent siltation.
ANTICIPATED ]IMPACTS
The project will result in the loss of 4,356 square feet of freshwater wetlands. The property
will be developed for residential use once fill has been placed on the property and stabilized.
With development, it can reasonably be anticipated that a more intense use will be made of the
property.
No archeological sites, remnant species or geological formations are known to be associated
with this particular property. A recorded archeological site is located south of the Gray
property where the Pilot House Restaurant is currently situated (Site Reference DR2). North
of the property, behind the school is a site referenced as DR 25.
CAMA REVIEW
A Land Use Plan consistency determination will be submitted under separate cover by John
Thayer.
+° .
Submitted By: Lynn W. Mathis
Date: February 21, 1997 - ,
! -a
Form DCM-MP 1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
RECEIVED
FEB 1 9 1;97
b. City, town, community or landmark
Buxton
c. Street address or secondary road number
NC Hi hwav 12
Name Carroll Cray
Address 305 Country Club Blvd.
City Slidell State LA
Zip 70458 Day Phone [phone]
Fax
b. Authorized Agent:
Name Environmental Professionals Inc.
Address PO Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any) None
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
0 Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
cs-"A-J, eff RA-KLtco 5ovuh)
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.
Applicant proposes to fill 4,356 go. ft. of Section 404
wetlands to prepare the site for residential construction.
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
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.
The awlicant Dronoses to fill wetlands to vrovide
adequate setbacks for sewage disposal system and
single family residential construction which will avoid
removal of the live oaks on the ridge. The area to be
filled will be surrounded by silt fence and the area
filled The fill will be smoothed and. Uyssed for
stabilization.
a. County Dare
p_7CC!'jr--D
Form DCM-MP-1
FEB 1 9 1997
"PLICATION
(To be completed by all applicants)
If yes, has a delineation been conducted? M
4. LAND AND WATER (Attach documentation, if available)
CHARACTERISTICS
a Size of entire tract 3 acres
b. Size of individual lot(s) 3 acres
c. Approximate elevation of tract above MHW or NWL
2 to 15 feet
d. Soil type(s) and texture(s) of tract
sandy loam
e. Vegetation on tract pine, oak, & rtina patens, Juncus
romerianus
f. Man-made features now on tract soil road and canal
g. What is the CAMA Land Use Plan land classification
of the Site? (Consult the local land use plan)
X Conservation X Transitional
Developed _ Community
Rural Other
h. How is the tract zoned by local government?
residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, ifapplicable)
J•
Has a professional
done for the tract? _
If yes, by whom? _
m. Describe existing wastewater treatment facilities.
none
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
none
o. Describe existing drinking water supply source.
none
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 cant' out
the project.
• An accurate, dated work plat (including plan view and
k. Is the project located in a National Registered Historic cross-sectional drawings) drawn to scale in black ink on
District or does it involve a National Register listed or an 8 1/2" by 11" white paper. (Refer to Coastal
eligible property? Resources Commission Rule 710203 for a detailed
Yes X No description.)
archaeological assessment been
_ Yes X No
1. Are there wetlands on the site? X Yes _ No Please note that original drawings are preferred and only
Coastal (marsh) Other high quality copies will be accepted. Blue line prints or
Form DCM-MP-1
other larger plats are acceptable only if an adequate
number of quality copies are provided by applicant.
(Contact the U.S. Awry Corps of Engineers regarding
that agency's use of larger drawings.) A site or location
map is a part of plat requirements and it must be
sufficiently detailed to guide agency personnel
unfamiliar with the area to the
site. Include 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
fiuther certifies that such notice has been provided-
Name Bernice Ballance
Address PO Box 69, Buxton, NC 27920
Phone
Name Wallace Grav
Address PO Box 1208, 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.
None
• 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.
FEB 1 9 19197
• 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 fiords or
use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
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 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 / 4. day of f &L , 191?
Print Name wA A,
Signature If, L IVA,
LandownerorAuthorized A nt
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
Form DCM -MP-2
EXCAVATION
AND
(Except bridges and culverts)
FILL
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.
RECEwEo
FEB 1 9 1997
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards. N/A
b. Type of material to be excavated N/A
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
(F LL)
(Excluding
shoreline
stabilization)
-A{oA+ W5 LA$AM
Average Final
Existing Project
Length Width Depth Depth
N/A
N/A
N/A
N/A
N/A
N/A
100'

NIA `

43-5

c. Does the area to be excavated include coastal
.
t3'
wetlands? Yes No N/A
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of diposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future N/A
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCM-MP-2
C r41V E-M
FEB 1 9 1997
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands?
Yes No N/A
f. Does the disposal include any area in the water?
Yes No N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length N/A
? Yes No
If yes,
(1) Amount of material to be placed in the
water None
(2) Dimensions of fill area None
(3) Purpose of fill None
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
N/A X Yes No
c. Average distance waterward of M1-1W or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
e. Shoreline erosion during preceding 12 months
N/A
(Source of information)
f. Type of bulkhead or riprap material
N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill N/A
h. Type of fill material
N/A
1. Source of fill material
N/A
V 4 OTHER FILL ACTIVITIES
_ (Excluding Shoreline Stabilization)
Will fill material be brought to site?
If yes,
(1) Dimensions of fill area irregular
4,356 sq. ft. by 3 feet deep
(2) Purpose of fill to prepare site for residential
construction
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? placed behind silt
fence, smoothed and grassed (2_'-1 5 Lo PC-=- )
b. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
backhoe and dozer
c. Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. N/A
Carroll G
Applicant o oject Name
si8M
.r-/ /V-/g 7
Date
Revised 03/95

PAMLICO SOUND
SILT FENCE
A A'
AVERAGE 3' FILL
FILL CROSS SECTION A-A'
N.T.S.
TOTS
BUXTON PAMLICO
ATLANTIC OCEAI
AL WETLAND AREA ''? •W FnltSlf DETAIL
NTSI 511--r ?Ae-s
co 4%-'r U
VICINITY MAP
COASTAL
WETLANDS
NOW OR FORMERLY NOW OR FORMERLY
)
BERNIE BALLANCE WALLACE GRAY
r
VEGETATED
UPLAND
RIDGE
a aoa 4,356 SO. FT.
AREA TO BE FILLED
A Z
AREA TO BE 8
FILLED OR UNDISTURBED AREA
404 A' ...0?
DISTURBED
T FENCE FABRIC BURIED BELOW
EXISTING GRADE
588 SO FT. SILT FENCE
G2nt?G?
3 i?
Cx1sT1 u? i (? .T. 5
CONTOUR LINES
AT 5' INTERVALS
TO FRISCO HWY. 12
TO BUXTON
CARROLL GRAY SCALE: 1" = 100'
CAMA MAJOR PERMIT APPLICATION DATE: 1i31i9'
+ 3.0 ACRE PARCEL JOB NUMBER: 96-257A
DRAWN BY. JJ
BUXTON DARE COUNTY NORTH CAROLINA REVIEWED: GW
2 ?
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TLANDS
SIL
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r
RECEfiJ?D
FEB 9 9 j9?97

ENVIRONMENTAL
PROFESSIONALS INC,
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]
N75