19991345 Ver 1_COMPLETE FILE_19991210

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
•
A,
A -oft 00
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 23, 1999
Dare County
DWQ Project #: 991345
Mr. Les and Ms. Nanci Weaver
Post Office Box 528
Avon, North Carolina 27915
Dear Mr. Mr. and Ms Weaver:
You have our approval, in accordance with the attached conditions, to place fill material in 810 square feet acres of
wetlands or waters for the purpose of constructing a bulkhead at the end of SR 1279, as you described in your application
dated 10 December, 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 Watershed regulations. Also 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. If you change your
project, you must notify us and 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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. 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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington
DWQ Regional Office
Mr. John Dorney
Doug Huggett;, DCM
Central Files
in rely,
Steve
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper

,1
99-1c
J
CAMA
December 9, 1999
h 0 /`;
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: Les H. & Nanci M. Weaver
Project Location: End of Bonito Road (SR 1279) off NC 12 in Avon, Dare County
Proposed Project: Construct 2711h' of bulkhead an average distance of 3' waterward of the
shoreline.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 30, 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: A 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 I'z?Z ??l 1
North Carolina Department 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]
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
December 23, 1999
Dare County
DWQ Project #: 991345
Mr. Les and Ms. Nanci Weaver
Post Office Box 528
Avon, North Carolina 27915
Dear Mr. Mr. and Ms Weaver.
You have our approval, in accordance with the attached conditions, to place fill material in 810 square feet acres of
wetlands or waters for the purpose of constructing a bulkhead at the end of SR 1279, as you described in your application
dated 10 December, 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 Watershed regulations. Also this approval will expire when the accompanying 404 or CAuMA 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 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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. 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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington
DWQ Regional Office
Mr. John Dorney
Doug Huggett;, DCM
Central Files
in rely,
. Steve
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: Brad Shaver
Non-Discharge Branch WQ Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Les H. and Nand M. Weaver
Project Number 99 1345
Recvd From DCM
Received Date 12/10/99 Recvd By Region 12/13/99
Project Type Bulkhead
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. BE
LAMA ?`? KT _0N 130-22 SA F-30,155. 0.02 I F- ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetiand Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? Q Y O N Recommendation: 0 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The bulkhead alignment is only three fact waterward
Submitted 12/20/99
cc: Regional Office Page Number 1
Central Office
Facility Name Les H. and Nanci M. Weaver County Dare
Project Number 99 1345 Regional Contact: Brad Shaver
Date:
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Les H. Weaver and Nanci M. Weaver
2. LOCATION OF PROJECT SITE: At the end of Bonito Road (SR 1279), off NC 12, Avon, Dare
County, and a man-made canal off the Pamlico Sound
Photo Index - 1995: 174-1784 (I,J-16) 1989: 5202-7 (0,P-12)
1984: 144-398 (N-21) 1978: 89-1346 (L-6)
State Plane Coordinates - X: 3042100 Y: 604450 Buxton UR
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/18/99
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - November 29, 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, CW
Water Dependent: Yes
(D) Intended Use: Private, Residential
(E) Wastewater Treatment: Existing - None "
Planned - None
(F) Type of Structures: Existing - None
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: Less than 1 foot
Source - Observation
7. HABITAT DESCRIPTION: [AREA]
DREDGED FTT.T .FD (1TNFR
(A) Vegetated Wetlands
Coastal Wetlands 680 square feet
(B) Non-Vegetated Wetlands
PTA, EW 130 square feet
(C) Other- Upland Disturbed
Estuarine Shoreline 4,900 square feet
(D) Total Area Disturbed: 5,710 square feet (.133 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 2711/2 foot long bulkhead an average
distance of 3' waterward of the shoreline along a man-made canal.
Les H. Weaver and Nanci M. Weaver
Bio Report
Page Two
Site Description
The applicant's property consists of two adjoining lots having a total area of
17,346 square feet (.398 acres) and located at the end of Bonito Drive (SR 1279) off NC
12, Avon, Dare County and adjacent to a man-made canal off the Pamlico Sound. The
property has an elevation of approximately 3 feet above the normal water level, has
sandy soils and is vegetated with indigenous yard grasses and red bay bushes. The
property was recently mowed and has the appearance of being maintained. The
property has approximately 271-'/2 feet of shoreline along a man-made canal system.
The shoreline is vegetated with a Juncus roemerianus fringe approximately 2 feet to 3
feet wide. The wetland fringe is eroded and broken in places that appear to be made by
either muskrat or nutria. The property experienced localized flooding during the 1999
hurricanes.
The adjacent property is similar in characteristics and is developed with single
family dwellings. The waters of the Pamlico Sound in this area are classified as SA by
the Division of Environmental Management and are closed to shellfishing.
Development Proposal
In order to prevent further flooding and shoreline erosion the applicant proposes
to construct a 271 '/2 foot long bulkhead an average distance of 3 feet waterward of the
canal shoreline. The applicant proposes to backfill the bulkhead.
Anticipated Impacts
The construction of the bulkhead will result in the filling of approximately 680 square
feet of Coastal Wetland fringe and 130 square feet of Public Trust Area and Estuarine
Waters. Approximately 4,900 square feet of uplands located in the Estuarine Shoreline
will be disturbed during the construction. Temporary water turbidity will occur during
construction but should subside quickly.
Submitted by; Frank A. Jennings, III
Date: November 30, 1999
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name T,ac u and Nanr-i M LTaavor
Address P. 0. Box 5218
City
Avon
State NC
Zip 27915 Day Phone [phone]
Fax
b. Authorized Agent:
Name Freddy D. Rankin, PLS
Address
P. 0. Box 121
City Frisco State NC
Zip 7796 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
b. City, town, community oar lfttiark
Avon N(r
V
c. Street address or secondary road number
Bonito Road
d. Is proposed work within city limits or planning
jurisdiction? -\,/- 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, morel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construct Timber Bulkhead
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? 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. _Abate further shoreline
erosion. Bulkhead to be installe
by mechanical and manual labor.
Revised 03/95
Form DCM-NI-P-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 17 , 3 4 6 2 5' s cfft.
b. Size of individual lot(s) 8,070.94 1 & 9, 275.31 '
c. Approximate elevation of tract above MHW or
NWL 3.81
d. Soil type(s) and texture(s),of tract
PGR-Psamments
e. Vegetation on tract _ Coastal Wetlands
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
? Transitional-R-1
Community
Other
h. How is the tract zoned by local government?
R-1 (residential
Is the proposed project consistent with the applicable
zoning? ? Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes ? No
If yes, by whom'7
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No X unknown
1. Are there wetlands on the site? Yes No
Coastal (marsh) ? Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
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.) surface
run-of
o. Describe existing drinking water supply source.
County
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be'ubmitted:
• 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 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 'DCNI-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 Judith R. Cates
Address 802 West Vance .
Phone Wilson,
Name Kenneth W. Marshall
Address P.O. Box 513
Phone Avon, NC 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.
• 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.
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. 'Ile project wi11 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 `?Tft day of /W19 'i1.
Print Name FL= E OD y I`-,
Signature - ti Lu_
r„^a--=.-,,•• a Aw rized Agent
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 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of p oposed excavation or
fill activities. All values to be e v n in feet.
Length %ldth
Access
channel
(MLW) or (NWL)
Canal I
i
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
F ual
Project
Depth

1. EXCAVATION
a. Amo nt of material to be excavated from below
MH or NWL in cubic yards
b. Typ of material toe excavated
c. Does the area o be excavated include coastal
we lands (mars ), ubmerged aquatic vegetation
(SAVs) or othe wedands? Yes No
d. H?ghground a avation in cubic yards
t
2. DISPOSAL OF (EXCAVATED
MATERikL
I
a. Location fdis sal area
i
b. ?imensidns of disposlal area
I ?
c. o you claim title to isposal area?
Yes o
If no, attach a letter g anting permission from the
caner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
f. Type of bulkhead or rprap material
Timber bulkhead
Bulkhead Riprap
b. Length 2 71 .4 7 '
c. Average distance water-ward of MHW or NWL
3'
d. Maximum distance waterward of MHW or NWL
3'
e. Shoreline erosion during preceding 12 months
unknown
(Source of injormarion)
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill 30 cubic yards
h. Type of fill material Sand
i. Source of fill material upland ( offsite)
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? 4Ar
Yes No
If Yes,
(1) Amount of material to be placed in the
water
(2) Dimension of fill area
(3) PuOS of fill
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 or fill material be kept on site
and erosion controlled? Bulkhead and Grass
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe & Dump truck
c. Will wetlands be crDssed in transpo ing equipment
to project site? Yes VNo
If yts, exp?ain steps that will be taken to lessen
environmental impacts.
Les //, ,e eme-; /v
Applicant orPre}ec! Name
Signature `/
Date
Revised 03/95

0 30 20 10 0 40 8O 120
Note: Survey based upon physical evidem e.
found as shown. Meridian for survey based ((
upon recorder) bearing S 66°15'311" W for
line A-13 per PC "A", SLIDE 105.
LEGEND
I I EMS[ING, CONCREIFMONUMI'NI
1
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Si 1ELT 2 OF 2
Freddy D. Rankin, ITS
50232 S. Buccanccr Dr., PO Box 121
Frisco, NC 27936-0121
[phone] Fax [phone]
I, Freddy 1). Rankin, certify that this ph)t was drawn
under my supervision from an actual survey made
under my supervision (decd description recorded in
Rook_-, page__.): that the houndarics not
surveyed are clearly indicated as drawn from
information found in Rook___, page _ _; that the
ratio of precjsiorrzts'calctilated is 1:10 10A Ihal the
plat was p jiar#M1 'F 0.1 with ti; 5.47-111 as
amended ttGSSF1?Xat) il4alsignahlre registration
numhler ,T?AOs&,?L` hvk-, ay of ,Qtit3, , A.D.,
199.
Freddy D. Rankifi, I,-2958
I \ \'.
1oYVnshil? _--------
KINNAKLI 1
Date IileDate File Numher
L)8[12/99 16913-361)
S( ale - Ii i/1'1;
I" == 40' _ 0021Y)
Recorded Reference - -
rC "A", SLIDE 105
Counly
DARE
I .LR.M. /one
Ilas(, I food I levolil)n
8.00'
Conurnnlity/l"mul/suffix
3753413 01110
Slate
NORTI I CAROLINA
Pin Number
01 0640 13 24 0433
Zoning
R-I
Average Ground Hevatir n
3.131
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i
SEE SHEET 2 OF 2 \
FOR CONTINUATION
OF 13ULKIIEAD ?'? ^,?( - ' - [J • . --.... ____
?? . . .L
SHEET 1 01= 2
Freddy D. Rankin, PLS
50232 S. Buccaneer Dr., PO 13or 121
Frisco, NC 27936-0121
[phone] Fax [phone]
I, Fred(Iy D. Rankin, artily IhaI this plat was drawn
under my supervision from an actual survey made
un(I enny supervision (deed (Iescription recorded in
Book, page-.): that the boundaries not
surveyed are clearly Jndl6+a s15- drawn from
information found in liook Il ? pag _; That the
ratio of precision ris calCul-lg k 1: M-000-, that the
plat was prepared in accordance with (i.`. 47-30 as
amended. W itn(3ssmyorio?lalSignptute,registration
number and seal this day of X406 A.D.,
l-rei-y-t-,
. Rankin, I'L5, h-?95R i '
PROPOSED 13UIXI IFAD FLAN FOR:
LES I-I. WEAVER
NANCI M. WEAVER
LOT 0, S1=.C 11ON 1=11VI=N,
I-IA-1-I-ERAS COLONY
AVON, N('
Iownsltip ( ounly
KINNAKI L I DARE
Date I ile Number F.I.R.M. Zone
0X3 11 99 1697-36D AF
Sale Ill/PI; l4,ativ I I(md II( vali(Ill
1" __ /3(1' 0621/1i') ti,ll(1'
Re(olded kv(elem e Coil ununily/Panel/Suffix
R"A", SI IN.. 105 3753423 01310
Stale
NOR-11 I CAROLINA
Pin Number
01 0640 13 24 0522
lolling
R-I
Average Ground Elevation
3.X3'