19991037 Ver 1_COMPLETE FILE_19990920

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 2, 1999
Dare County
DWQ Project # 991087
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Michael Scott
Box 312
Buxton, North Carolina 27920
Dear Mr. Scott:
You have our approval, in accordance with the attached conditions and those listed below, to dredge 215,000 square feet of
water for the purpose of dredging the access channel to Buxton Harbor as, described in your application dated 20 September.
1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3112. 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 Water shed regulations.
This approval will expire when the accompanying 404 or 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 except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. A freeboard of at least two (2) feet must be maintained at all times in the upland basin
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. 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 Domey at 919-733-9646.
lW
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File Copy
Central Files
Doug Huggett; DCM
ltr
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
CAIVIA
.25 2/aaA .
September 15, 1999

SEP 2 0 I'29
WATER OUA! iT`' H1111
TO: John R. Dorney, Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Michael Scott

Project Location: Buxton Harbor & Channel, NC 12 in Buxton Village, Dare County,
Pamlico Sound
Proposed Project: Dredge the access channel to the Buxton Harbor.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by October 6, 1999. If you have any questions regarding the proposed project, please
contact Frank A. Jennings, III 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
North
DATE I I IzJv
partment of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary
Division of Coastal Management Donna D. Moffitt, Director
Elizabeth City Office • 1367 US 17 South • Elizabeth City, NC 27909 . Phone [phone]
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Michael Scott
Project Number 99 1037
Recvd From DCM
Received Date 9/20/99 Recvd By Region 10/28/99
Project Type Maintenance Dredging
County Dare
County2
Region Washington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA O Y OO N 29-40.5 SA I- 30,307. 1I-
r-- F- P7 _0N F-F-r I -I-F-F-I I - F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y * N Did you request more info? Q Y # N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? Q Y 0 N
Recommendation: Q Issue 4 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This proj?r proposes to dredge 12,000 cubic yards of material from a previously dredged channel.
The disposal site can hold 17,777 cubic yards of material. Because the disposal site is not 2 to 1, the
Washington Regional Office recommends a phased dredge process so that the disposal area always
maintains two feet of freeboard-
cc: Regional Office
Central Office Page Number 1
Facility Name Michael Scott
Project Number 99 1037
Comments (continued from page 1):
County Dare
Regional Contact: Brad Shaver
Date:
cc: Regional Office Page Number 2
Central Office
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Michael Scott, Buxton Harbor Channel
2. LOCATION OF PROJECT SITE: Buxton Harbor & Channel, NC 12 Buxton Village, Dare County,
Pamlico Sound
Photo Index - 1995: 173-1768 (J,K,L-8) - (S-4) 1989: 5201-6 (J-N, 14 & 15) - (U-13,14)
1984: 145-391 (D-P, 5&6) 1978: 90-1371 (K,L,M-10) - (U-7)
State Plane Coordinates - X: 3027300 Y: 569700
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 19, 1999
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received August 9, 1999,
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW, ES
(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 FII.I,F.D OTT4FR
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat 215,000 sq. ft.
(C) Other Spoil site
Upland 60,000 sq. ft.
(D) Total Area Disturbed: 275,000 sq.ft. (6.31 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Closed
8. PROJECT SUMMARY: The applicant proposes to dredge the access channel to the Buxton Harbor.
Michael Scott, Buxton Harbor
Bio Report
Page Two
Buxton Harbor is a small, formerly county maintained harbor which is home port to a
number of commercial fishermen and a boat repair facility owned by the applicant. The
harbor is located adjacent to NC 12 approximately 1600 ft. west of Cape Hatteras School in
Buxton Village, Dare County and is connected to the Pamlico Sound.
A USCG lighted and marked channel provides access for vessels to the harbor. The
harbor area shoreline is stabilized by bulkhead and the applicant has installed a travel lift and
five boat moorings permitted by Major CAMA Permit #t77-83. Water depths in the harbor
range from -2 ft. to -6 ft. Maintenance of the entrance channel was authorized by Major
Permit #234-86 and was performed prior to January 1, 1990 according to the applicant. Spoil
material from the project was deposited within an enclosed berm that was constructed on
property, owned by Calvin Burrus, adjacent to the east side of the harbor. The spoil site is
located on high ground and is available for further use. The permit authorized a 50 ft. bottom
width with a -6 ft. depth at mean low water.
The current conditions observed in the channel indicate that the channel is now
approximately 20-30 ft. wide with a 4 ft. water depth in the center of the channel. The
applicant indicated that some vessels had touched bottom while using the channel. A
connecting water depth of -7 ft. was observed approximately 100 ft. north of day marker "14".
The waters of Pamlico Sound are classified as SA by the Division of Environmental
Management and are closed to shellfishing. Beds of submerged aquatic vegetation were
observed near the project site but not in the project site. The applicant has observed an
accelerated decrease in water depths and channel widths and is concerned that a major storm
would effectively close the harbor to commercial activity.
In order to provide better access to Buxton Harbor and his business, the applicant
proposes to dredge 2500 linear ft. of the entrance channel and 900 linear ft. of the harbor area
to a depth of -6 ft. below mean low water level. The proposed bottom width of the access
channel is 50 ft. and the width in the harbor is approximately 100 ft. The applicant has
received permission to place all spoil material on the existing spoil site located on property
adjacent to the harbor. The spoil site appears to have adequate capacity for the proposal and
may be reused for maintenance.
Michael Scott, Buxton Harbor
Bio Report
Page Three
The dredging of the entrance channel will result in the deepening of approximately
125,000 sq. ft. of shallow water habitat of the Pamlico Sound which has previously been
excavated. Approximately 7,200 cu yds of bottom material will be removed by the activity.
The dredging of the harbor area will result in the deepening of approximately 90,000 sq. ft. of
shallow water habitat within the manmade harbor. Approximately 3,300 cu yds of bottom
material will be removed by the activity. No submerged aquatic vegetation will be lost. Some
elevated turbidity levels can be expected as a result of the dredging.
Submitted by: Frank A. Jennings, III
Date: September 15, 1999
Farm DCM-NIP-1
APPLICATION
(To be completed by all applicants)
b. Cyi , town, community or landmark
kXlvtr III RbcR
1. APPLICANT
a. Landowner:
Name
Address 1'7 C X
City ON State N C
Zip r 1
1"110 Day Phone .r ? z g q 5 -33
3
Fax ?R me,
b. Authorized Agent:
Name N 'I
Address
City
State
Zip Day Phone
Fax
c. Project name (if any) 13,-%Xto,v h ilboR A1v
ch?rvNe L
N07F. Permit will be issued in name of lmidowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County 1,1 I? 1
c. Street address or secondary road number
d. Is proposed work within c3L its or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) e A 01 I_ i (o ; e SIN C/
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.
E X C /? V A '}- ?` ,y J ?z x i's 41 No, l l a j\1 ii ecl
ch NNe L ANd Ij Rbc;Q -t,, '-'d(o t{,5
c? 3 - '7 Fcc b? 1c v er2.?
?n? ? 1 t' re ? e 0 1'
b. Is the proposed activity maintenance of an existing
project, new work, or both? "14 i /v f e N /}N C
c. Will the project be for public, private or commercial
use? 11 `-}hR??
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, pl se attach
additional pages. L e A S c o
4 co e A L e P f?
Revised 03/95
Form D01-? IP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract I C. R. S 1 o of 6k
b. Size of individual lot(s)
c. Approximate elevation of tract above MHW or
NWL
d. Soiil^^type(s) and texture(s'. of tract
e. Ve2etation on tract
f. Man-made features now on tract
J
G.
What is the CAMA Land Use Plan land
classification of the site? (Consult the locai land use oian. It
Conser-,,ation Transitional
Deveiope-- Communitv
Rurai Other
h. How is the tract zoned by local government?
_1
i. Is the proposed project consistent with the applicable
zoning? yes
No
(Attach zoning compliance cernfi=e, if aapticabie)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom? ,-/ I?
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 X No
Coastal (marsh) ! A Other Al A
If yes, has a delineation been conducted? 1U (?
(Aaach documentation, if available)
m. Describe existing wastewater treatment facilities.
Pu, ?r#(Z Sc',7 i( VIi<iry r
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and resid`ential discharges? .)
o. Describe existing drinking water supply source.
?. ADDITIONAL rNFOR_NLATION
In addition to the compieted appiication fort.;. the
following items must be submitted:
• A copy of the deed (witi'i state anniicaticn oniv) or
other instrument under which the appii=,L clam-_,: tide
to the affected properties. If the appiic.ant is not
claiming to be the owner of said propern, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permssion
from the owner to carry out the project.
• An accurate, dated wort: plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission 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
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-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 signinl-fthis form, the applicant
further certifies that such notice has been provided.
Name ??0 `? C 1?'I "c1 tZ (Z,
Address IP?c X 2 `7 3 )"X -10),j 1V C `) q
Phone 119 5- `t 1 5C 9 q .S -t b o c
Name ?i F.
, t? NN ?E
Address NSC,< 90,-t 1 "y to N T IV( ) ') ti J 0
Phone q 9 5 y 6 2 ?-l
Name y , M _Tr? w e5
Address G o x 'l 5 '7 k u x to N NC I h 2 C
Phone qq 5- S 5 C qq S- 30 3 F
t .? 'J ; N ?? u 1Z U _5 13 v? X't c iv N C
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
S L"_ A?,, PC-L N ?,
D 1? R - C C'•,_ i/v -1 v
• 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 Ac
10) If the project involves
funds or use 'of public
documenting compliance
Environmental Policy Act.
(N.C.G.S. 113A - 1 to
the expenditure of public
ands, attach a statement
with the North Carolina
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 day of u 19 Cl
J
Print Name ?? 1 C k) C L S C c
Signature' t h C- 2.. -,,S D
Landawner or Awhorilzed Agent
Please indicate attachments pertaining to your proposed
project.
I/ 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 03/95
'orm DCM-MP-2
EX CAVATION
AND FILL
Neept bridges and culverts)
ttach this form to Joint Application for CAMA Major
:r:nit, Form DCM-MP-1. Be sure to complete all
her sections of the Joint Application that relate to this
-oposed project.
esribe below the purpose of proposed excavation or
,1 activities. All values to be given in feet.
K.:--eSS
channel
MLW) or (WW2)
;anal
,cat
basin
loat
ramp
:ock
grcin
,ock
breakwater
?ther
Excluding
shoreline
stabilization)
Averqp Fl"
FAM pmjec
Unah Width Deph Depth
fb' - ?f " - 6r?X
? rse?r
°100' I •s } - 4 6 MAVX
I
i
f
t
"•Z J R;. c aJ
1 li
1. EXCAVATION
a. Amount of material to be excavated from below
MHW cr NWL in cubic vard.T ! o C) cu
b. Type of material to be excavated -'--4 - t'
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes ?Vo
d. Highground excavation in cubic yaws A-)%ti 4'
DISPOSAL OF EXCAVATED
:MATERIAL
a. Location of disposal area AdSi9c??•T-
1
Y,
b. Dimensions of disposal area,;oc 'v3 c- c
C. Do you claim title to di sal area.)
Yes
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? 5.A-r- A /.rc •
eised 03/95
orrb DCM'-ice-2
Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes -%? No
Does the disposal i clude any area in the water?
Yes No
If Yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b
SHORELEVE S'T'ABILIZATION /?'/t97-
Type of shoreline stabilization
Bulkhead Rioran
Length
Average distance waterward of MF.W or NWL
Max:mun: distance waterward of MHW or NWL
Will fill material be placed in
(marsh), SAVs or other wetlands?
Yes No
if yes,
(1) Dimensions of fill area _
(2) Purpose of fill
'. GENERAL
Shoreline erosion during preceding 12 months
'Source of inforrwnon)
Type of bulkhead or riprap material
Amount of in cubic yards to be placed below
water level
(i) Riprap
(2) Bulkhead backfill
Type of fill material
Source of fill material
OTHER FILL ACTIVITIES ty,t1
(Excluding Shoreline Stabilization) I
a. How will excavated or nii material be kert on site
and erosion controlled? ?G? iL 1?rR'rf?/
b. What [vpe of construction equipment he used
(for example, aragiine, baczhoe, cr avdrauiic
dredgg,e)?
C1e- 4G?
c. Will wetlands be cr.ssed in transpng equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
Will fill material be brought to site?
Yes No
1 1 i c?RE L 5 ca-/
13 UX ION H A R 6OJQ ml1 iiyfQ?y?Nc?
Applicant or Project
LC Z- d ?C0
Signature
J"U/Y Jo, lagq
Date
coastal wetlands
vised 031"
July 7, 1999
Cover Letter for Major CAMA. Permit Application --Approach Channel Maintenance at
.Buxton Harbor, Dare County
.In 1986 a major CAMA permit (no. 234--86) was granted to Dare County for the
maintenance of the approach channel, by pipeline dredge, to Buxton Harbor at the southern end
of the village of Buxton. In March of 1987 the dredging work was done and 3 years later the
permit was allowed to expire. Although the approach channel has held up well for 13 years, it
has slowly. become more shallow and narrow and will need some maintenance work in the near
future, as some of the bigger boats that frequent the Harbor are now beginning to chum up sand
in some areas. The permit requested in this application is for two areas. One is the approach to
the Harbor, specifically from 500 ft north of daymarker no. 14 south to beacon no. 17 at the
Harbor mouth. The second area is the Harbor basin which also needs some excavation in some
areas. Although I do not propose to increase the depths directly alongside of any of the Harbor
shore line to more then 3 feet below normal water level, I do request a permited depth of 7' for
most of the Harbor.
The proposed spoil area is the same as on permit no. 234--86 which is on the Burrus
family property on the east side of the Harbor. I am requesting a width of 60' as in the 86 permit
and also to dig out into the sound to the 7 foot contour of natural depth.
The Buxton Harbor is a crucial port of call for 99% of the boats on Hatteras Island (about
400 times a year) both for scheduled maintenance and emergency repairs. Also there are
presently 14 boats that call the Harbor home year round and Dare County also has some public
property on the Harbor.
Sincerily,
?ici1i C L "acs'
Michael Scott

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