20031464 Ver 1_COMPLETE FILE_20031112

W ATF Michael F. Easley, Governor
O RQ?i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C/J t7 Alan W. Klimek, P.E., Director
=1 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 8, 2004
DWQ# 03-1464
Dare County
Charles P. and Cheryl H. McElheney , qR
222 Lake Pointe Drive ?00¢
Roanoke Rapids, NC, 27870
APPROVAL of 401 Water Quality Certification with Add itioriii- Conditions
Dear Mr. and Mrs. McElheney:
You have our approval, in accordance with the attached conditions, to place fill in 0.00367 acre of vegetated
wetlands in order to construct a bulkhead on your property at 33 Sailfish Point in Dare County, as described in your
application received by the Division of Water Quality on November 12, 2003 with the final design described in additional
correspondence received March 4, 2004. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3400, 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 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, Water Supply Watershed,
Coastal Stormwater and U.S. Coast Guard 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 lettertand is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one:acre;'cornpensatory
mitigation maybe required as described in 15A NCAC 2H .0506 (h). Forth is approval to be valid, youimust follow the.
conditions listed in the attached certification and the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all twork,included,in
the 401 Certification has been completed;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the CAMA Application. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so
that no violations of state water quality standards, statutes, or rules occur;
MARL
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (bgp://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Charles P. and Cheryl H. McElheney
March 8, 2004
Page 2 of 2
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
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, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. 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 in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
Sincerely,
Ala W. Klimek, P.E.
If 41
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
031464
DWQ Project No.:
Applicant:
Project Name:
1, .4 114
7-7 1A. L f;,,(
M0 , 7S6o AI C
Date of Issuance of 401 Water Quality Certification: _57' Zoo y
Upon completion of all work approved within the 401 Water Quality Certification -and Buffer Rules, and any
subsequent modifications, the applicant is required to return s ctfii- ertfcate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, fj q t ?/ P fY! r 6??C6.?6y , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: P Date: Tom?- .zoo Se
Agent's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials. WETLANDS 140 GROUP _
Signature:
Date: JUL 2 Y 2004
?1IATER QUALITY SECTION
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the Fonstruction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Certificate of Completion
V! 20 'C' L/ l 0409
SAk-k Y e 5- 7-o County: ag-F
w R G tt 5F o o O- S? b'f
Signature: Registration. No.: Date:
J WATF?pG
3L
-I.
Q ?
Charles P. and Cheryl H. McElheney
222 Lake Pointe Drive
Roanoke Rapids, NC, 27870
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. McElheney:
March 8, 2004
DWQ# 03-1464
Dare County
You have our approval, in accordance with the attached conditions, to place fill in 0.00367 acre of vegetated
wetlands in order to construct a bulkhead on your property at 33 Sailfish Point in Dare County, as described in your
application received by the Division of Water Quality on November 12, 2003 with the final design described in additional
correspondence received March 4, 2004. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3400, 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 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, Water Supply Watershed,
Coastal Stormwater and U.S. Coast Guard 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 lettertand is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one:acre':oompensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you,mustfollow the
conditions listed in the attached certification and the additional conditions listed below: c r ..
1. You are required to return the attached Certification of Completion form to notify DWQ when allrwork,included. in
the 401 Certification has been completed;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the CAMA Application. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so
that no violations of state water quality standards, statutes, or rules occur;
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
MARL
Charles P. and Cheryl H. McElheney
March 8, 2004
Page 2 of 2
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
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
1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. 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 in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
Sincerely,
Ala rWKlimek, P.E.
C 4 '
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
031464
DlJQ WARD Fax:[phone] Mar 4 '04 16:28 P.01
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DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGTON, NC 27889
Phone: [phone] Fax: [phone]
TO: Cy#ldl
FAX NO. X11) ~?33- 6 f
FROM:
DATE:
NO. OF PAGES (INCLUDING COVER):
COMMENTS: 4j r :C74 YOU

943 Washington Square Mall, Washington, NC 27889
MAR-4-2004 THU 15:43 TEL:[phone] NAME:DWQ-WETLANDS P. 1
DUO/WAP.O Fax : [phone] Mar 4 '04 16:28 P.02 Page 2 of 2
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RECEIVED
FEB 2 3 2004
DWQ-WARQ
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.0-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
May 5, 2004
Regulatory Division NETLANI)S; d09 CROUP
Action ID No. 200410609 and State Permit No. 57-04
MAY U 6 2004
"VA T E'? 0UA117Y SECTION
Charles P. McElheney
222 Lake Pointe Drive
Roanoke Rapids, North Carolina 27870
Dear Mr. McElheney:
Reference your application for a Department of the Army (DA) permit to construct
a bulkhead landward of coastal wetlands, on property located at 33 Sailfish Point, in the
Pirates Cove Subdivision, adjacent to the Roanoke Sound, in Manteo, Dare County, North
Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and
the North Carolina Division of Coastal Management prior to performing any such change or
alteration.-Such action is-necessary-,as _revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
i-1 111 wtt
Raleigh Bland, P.W.S.
Regulatory Project Manager
R
-2-
Copies Furnished:
Mr. John Domey
il v ision of Environmental Management
rth Carolina Department of Environment
and Natural Resources _ _--
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland B. Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 10, 2003
MEMORANDUM:
031464
TO: Mr. John R. Domey
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Charles P. McElheney
WETLANDS 1401 GROUP
N0V 12 2003
WATER QUALITY SECTION!
Project Location: 33 Sailfish Point, Pirates Cove Subdivision off US 64/264, Manteo Causeway
Proposed Project: Construct Bulkhead with Backfill in Coastal Wetlands
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 1, 2003. If you have any questions regarding the proposed project, please
contact Frank Jennings at [phone]. When appropriate, in-depth comments with supporting
data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX [phone] Internet www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Charles P. McElheney County: Dare
LOCATION OF PROJECT: 33 Sailfish Point, Pirates Cove Subdivision off US 64/264, Manteo Causeway
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/30/03
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Frank Jennings DISTRICT OFFICE: Elizabeth City /
(? 3
DISTRICT MANAGER REVIEW: ?t4 ;?-? -- ///,..
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES RECD: DEED REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:
MAIL OUT DATE:
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE
150 DAY DEADLINE:
STATE DUE DATE:
ON:
FED COMMENTS RECD:
DENY,
DRAFT ON.
AGENCY DATE CONNENrS
RETURNED OBJECTIONS:
YES NO NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles P. McElheney
2. LOCATION OF PROJECT SITE: 33 Sailfish Point, Pirates Cove Subdivision off US 64/264
Manteo Causeway, Dare County, and adjacent to Roanoke Sound
Photo Index - 2000: 183-2136 V-17 1995: 183-1896 V-8 1989: 151-7 J-9
1984: 140-503 F-18 1978: N/A
State Plane Coordinates - X: 2995600 Y: 797700 GPS: E101615B
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -
Was Applicant Present -
08/22/03, 09/17/03
YES NO
5. PROCESSING PROCEDURE: Application Received Complete - 10/30/03
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Manteo
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, ES
(C) Water Dependent: YES
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - City Sewer
Planned - N/A
(F) Type of Structures: Existing - Single family dwelling, bulkhead, riprap, walkway, and dock
Planned - Bulkhead and backfill
(G) Estimated Annual Rate of Erosion: 3 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
nVPnnFrn FTT I AT) LANDSCAPED
(A) Vegetated Wetlands 750 sq. ft.
Coastal Wetlands
(B) Non-Vegetated Wetlands
(C) Other 1350 sq. ft.
Estuarine Shoreline
(D) Total Area Disturbed: 2100 sq. ft. (.0482 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead with backfill in coastal
wetlands on his property located at 33 Sailfish Point, Manteo, Dare County, and adjacent to the
Roanoke Sound.
FIELD INVESTIGATION REPORT
Charles P. McElheney
Page 2
Project Setting
The project site is located at Lot 33, Sailfish Point, Pirates Cove subdivision, adjacent to US
64/264, Manteo Causeway, Manteo, Dare County, and adjacent to the Roanoke Sound. The lot
has an area of approximately 7,500 square feet, has sandy soils, and has an elevation of
approximately 5 feet above normal water level (NWL). A single family dwelling exists on the
property with a yard area that has been landscaped with turf grass and shrubs.
Adjacent to the water line, the lot has a wetland area vegetated with Juncus roemerianus,
goldenrod, and marsh elder. At the water line, the wetland area is vegetated with Spartina
alterniflora and Juncus roemerianus. The wetland area size is approximately 1,100 square feet.
Approximately 15 feet of the shoreline on the north side has riprap that was installed by the
developer prior to the applicant purchasing the property. The property has an elevated walkway
that connects the house with an existing waterside dock that was constructed by the developer of
the subdivision.
The adjacent property to the south has a single family dwelling and a bulkhead with a small sandy
beach area waterward of the bulkhead. The adjacent property to the north has a single family
dwelling with shoreline riprap, and a vinyl bulkhead is currently under construction on this lot to
replace the existing riprap.
The property faces northeast on the Roanoke Sound and experiences significant erosion. The
application indicates that the erosion rate is approximately 3 feet per year. A CAMA General
Permit #34475A has been issued to the applicant to construct a short bulkhead with a return on the
north side of the property. The permit does not authorize any wetland fill.
The waters of Roanoke Sound in this area are classified as SA and are closed to shellfish taking.
Development Proposal
In order to protect his property from flooding and to prevent further erosion, the applicant
proposes to construct an approximately 35-feet long bulkhead that will start at the corner of the
bulkhead on the south side and connect with the portion of the bulkhead under construction. The
proposed bulkhead alignment is landward of the NWL and above all Spartina alterniflora. The
applicant proposes to backfill the bulkhead and yard, which will result in the filling of
approximately 750 square feet of Coastal Wetlands. The applicant will cover the area with turf
grass after completion.
FIELD INVESTIGATION REPORT
Charles P. McElheney
Page 3
Anticipated Impact
The construction of the bulkhead and the associated backfill and adjacent fill activities will result
in 750 square feet of Coastal Wetlands vegetated with black needle rush, goldenrod, and marsh
elder being filled. The fill area is also located within the Estuarine Shoreline Area of
Environmental Concern. Approximately 1,350 square feet of Estuarine Shoreline will be
landscaped and covered by turf grass.
There may be localized water turbidity during construction of the bulkhead.
Submitted by: Frank A. Jennings, III
Date: November 3, 2003
Form DCM-MP-1
APPLICATION,
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
a. Landowner:
Name C'a<l=r
Address 12?
City State c
Zip 27,r?,; Day Phone 25-2 .5"x7 2S'4S
Fax 252 S-17 IS-7-7
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
C. Project name (if any)
No7E. Permit wilt be inued in name of landowaer(x), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County n/ A
c. Street address or secondary road number
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)
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.
/2;4 14 J AEA J Y G Y i:f iQ E/L a/i C'N
AKA /o.'c-A;. f)/a•P?lei/ voLr.E
h,?d exist:nQ
b. Is the proposed activity maintenance of an existing
project, new work, or both? .ysw
c. Will the project be for public, private or commercial
use?
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.
'G'Lk End •f.,
F L'q MC/ C' o?.vsw d N 1.5A A ?! ?r'
•fkf^, r;44 •f':, L??SL
- •3
.. ...? .. ..vex. ....'..1•
/f b
Revised 03195

Form DCM•MP-1
4. LAND AND WATER
CHARAC'T'ERISTICS
N I hey
a. Size of entire tract
b. Size of individual lot(s)SD? ??-----
c. Approximate, elevation of tract above lv W or
NWL (o.
d. Soil type(s) and texture(s) of tract
S'AN b 4- Fill
/
f` rb1 AL -
e. Vegetation on tract fs
y?
f. Man-made features now on tract ?n F
g. What is the CAMA Land Use plan land
classification of the site? (Co.u.rlt the loch! land use plan.)
Conservation Transitional
___k2 Community
Developed _/,.-' Other
Rural Other
h. How is the tract zoned by local government?
Ji cl,=.i?' a L
i. Is the proposed project consistent with the applicable
zoning? yes -- No
(Attach zoning conpuance certificate, tt(applicable}
j. Has a professional archaeological assessment been
done for the tract? Yes ? No
AUG 2 6 ?r,93
m. Describe existing wast&1l? Ttge3iTnFn?C ?
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.) .fuaF•tr
hNafl? Y. aslw.,? .17041%0w! "
ADr,/ ?oa.?r aF Mr9X1XFu
i
o. Describe existing drinking water supply source.
-t- L"., a!r /Yfr9Vfe'D
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
yA • 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 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 7J.0203 for a
if yes, by whom? detailed description.)
..-Pease note that original drawings are preferred and
k. Is the project located in a National Registered only high quality copies will be accepted. Blue-line
Historic District or does it involve a National prints or other larger plats are acceptable only if an
ely Register listed or' Noe property9 adequate number of quality copies are provided by
Yes applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
1. Are there wetlands on the site? 1'? NO drawings.) A site or location map is a part of plat
irements and it must be sufficiently detailed to
Coastal (marsh) ___-- Other Z&r
requ
If yes, bas a delineation been cond foz a guide agency personnel unfamiliar with the area to the
(Attach doeunhenuation, tf tnHUlab? l S rR•
A!
Ft AN A- ?.1 -r-,v,?-,'.,.yJ a? G?e??n ea tad b??
Toro W cLl hne r
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 4owners
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 Leo ,tNd /y AA C14 J,* ,.4
Address ?2 s;6F%r? Pr oY7?^^f`? NG-
Phone
Name ID2 ?;clC yo??a
Address ?Y fa;LF?X
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.
G. P - 3 X14 7 5 z?-?°3
• A check for $Uelmade 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 land's, 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.
I ;LO D
?
This is the Z f day Of? --
Print Name
Signature 'Q
jrudowner or Authorized 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.
Gl S Protiy Cores q n, ???-s ?e rrt
11j , 9 ? r
Revised 03195 `` `" y
Form DCM-MIP-2
EXCAVATION
AND FILL
(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 Application that relate to this proposed
project.
Describe below the purpose of proposed excavation or fill
activities. AU values to be given in feet.
Awe F -Mal
L=gtb Wxkh F_Xis a Prgiw
Access channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
1? ^
AUG 1-+003
1. EXCAVATION IV14
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh). submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL &4
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes _ No
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'?
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
c
Form DCM-MF-2
3. SHORELINE STABILIZATION
a. Ty" o shoreline stabilization
1/- Bulkhead Riprap
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 7`• 4.0 v6 Alt 4
? _ d !fit 6i?.5.?.• ,abo L. ,i??
b. Length p?'eku i
c. Average distance waterward of MHW or NWL
5. GENERAL
d. Ma.:imum'disiance waterward of MR V or NWL
?z'r l3OJ? ?V (4) Ci
C. Shore)ine erosion during preceding 12 months
(Source of infomkwan) f. Type of bulkhead or riprap material
d ?; ,r_c,? de w?? •a d?.,?k?. ?...r Ccr a ? ? rA t ?-
'?d ._..-
g. Amount of fill in cubic vards to be placed below water
level
(1) Riprap _.....____._.._ _ ? ___ _-_...
(2) Bulkhead backfill ?___Lo6(e /tltj L
h. Type of fill material wC L y ?'? L?._..
-AA
Source of fill material - ..__.Mo L_meal .._.1'?' ..... _.__.
4. OTHER FELL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will till material be brought to site?
....(Z Yes _ No
a. How will excavated or fill material be kept on site
?'°'*?4 %?? Ly_
and erosion controlled!
/CA/ ISA
b. What type of construction equipment will t)r used
(for example, dragline, backhoe, or hydraulic
dredge)`?
c. Will wetlands be crossed in transporting equipment
to project site:' Yes __! No
if yes. explain steps that will be taken to lessen
environmental impacts.
If yes,
(1) Amount of material to be placed in the water. /?oK
(2) Dimensions of fill area __.?+!? -__
(3) Purpose of fill
Applicant or Project Name
Signature
.._? k L? 2 l :Zoo3
-- ?----- -----------------
Date

JJA4
a o 141
u, yeo /,?? ?jr]A2IB5 /rlC?t-1'?CNey
J,jQ Na
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i t

DCM % DWQ %
Development Type FEE (143001601-435100093 1625 6253) (24300 1602 435100095 2341
I. Private, non-commercial
ment that does not Involve
l
S250
100%(S250) 0% (SO)
op
deve
the fitting or excavation of any
wetlands or open water areas:
II. public or commercial development
that does not involve the filling or
$400 100% (5400)
- 0% (SO)
excavaGon of any wetlands or open
water areas:
Ill. 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 0%(SO)
development, if General water Quality $250 100%(S250)
Certification No.3301 (sea attached)
can be appied:
111(13}: For public cr commardal
development, if General water Quality
$400
100%(S400) 0% (50)
Certification No-3301 (sea attached)
can be applied:

ll1(C). If General Water Quality
Certification No. 3301 (see attached)
could be appred, but DCM staff
$400 0%(S240) 40% (S 160)
determined that additional review and
written DWQ concurrence Is needed
because of concerns related to water
quality or aquatic Ufa:
III([)). If General Water Quality
Certification No. 3301 (see attached) 5400 60% (S240) 40% (S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more
5475
60°?b (5285} 40% (5190)
than one acre of wetlands and/or
open water areas:

.'S
ti
326
C. P. MCELHENEY
MCELHENEY-BUILDING FUND
P.O. BOX 129 66-85/531
ROANOKE RAPIDS, NC 27870 DATES t j 8J 2 001
PAY
$ 1,00'00
TO THE
ORDER OFD. A-
?au?A ??nNCItE? 1C DOLLARS Bo'
0
.. CentumB=k®
Roanake Rapids, NC 27870
IYI'
FOR 33 fog, l C. h P+
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Oct 30 , -LO03

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--
ON RECOMBINAMON OF
` E9=uq tptet8 ` PIUNGS LOTS
\ S H OrQeLrw/ Q _ 34-36
SAILFISH POINT
xy &G $1 v P /` 11,4RD,5K.G C. SL 20014
CA 4q N R. J / LOT 34
?l
LOT 32 LOT 3
wr
Lt7T 31
CONCRETE
` ,? _ ESP
.• ?' 40' R/W
we
IYC. 6R0. ?
F, MAR77N I JOY[ CERTIFY THAT THIS
MAP WAS PREPARED UNDER MY SUPERVISIO
FROM AN ACTUAL SURVEY-MADE UNDO
" -_ MY SUPERVISION, THAT 'THE BOUNDARIES
NOT-ACTUALLY SURVEY9D ARE SHOWN'. AS
BROKEN LINES-PLOT IED _FROM_INF-ORMATION
---SURVEY FOR:__ -
95
5 CHARLES P
-He.
. ray
40-95A
-- C _ r• _ '•
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.
so' SAILFISH POINT
LOT 33
,
J PIRATE'S COVE
MANTEO
VACS HEAD T0, HIR BARE COUAITY N.O, ,

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'6'sc

MaNIT! MAP
OLT-)
NOTES
1. AREA BY COOR ANATE METHOD.
2. BUILDING SETBACKS PER RECORDED PLAT.
LEGEND
O = TELEPHONE PEDESTAL
= WATER VALVE
p = EXISTING IRON ROD
® = WATER METER
® = SEWER CLEANUUT
[I= TRANSFORMER
00.1 1
s
?t
t?
t
it
it
LOT 31 t
t
ROANOKE
SOUND
?'FILL uMl`l]NE. I
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1
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PILINGS I REC LOTS 34- 6.OF
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A6 11' 375348 0220 C
P N0. CADD 9Z /ao Mn7non7c 7e-Rna tin-9.5 1 =30'
j. MAR17N J JOYCE ._CERTIFY THAT THIS MJJ
MAP WAS PREPARED UNDER MY SUPERVISION Mid
FROM AN ACTUAL SURVEY-MADE UNDER MJJ
MY SUPERVISION, THAT THE-BOUNDARIES. NAGS HEAD
NOT ACTUALLY SURVEYED ARE SHOWN. AS -
F OM INFORMATION
ue%Iv_??
40' R PN 1
E
SURVEY FOR:
CHARLES P. and
CHERYL ;--McE:-HENEY
LOT 33, SAILFISH POINT --
PIRATE'S COVE
MANTEO
i
REVISED 10/2/95 ... AS-BUILT
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Charles P. McElheney
Project Number 03 1464
Recvd From DCM
Received Date 11/12/03 Recvd By Region
Project Type bulkhead with backfill
Certificates
Permit Wetland Wetland Wetland` Stream
Type Type Impact Score Index
County Dare
County2
Region Washington
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
Stream Impacts (ft.)
a_,gt ++ i 3
LAMA coastal FT _0N 130-21 SA HQW 30,155. 605F_
I -
F_-f oY oN r__ FF_F_-F_ F_ F_ ?-F_
Mitigation Wetland
MitigationType Type Acres Feet
t
Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? Q Y O N Recommendation: O lssue * Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The project should not be issued as currently proposed. Discussions with the applicant have not
occurred yet, but the preferred alternative to the current proposal would be to rip landward of the
coastal marsh so that it is not filled and the high ground is protected from future erosion.
-SQL-12/19/03
cc: Regional Office
Central Office Page Number 1
o??? wAT ?RQ?
r
> .i
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 7, 2004
Dare County
DWQ Project No. 03-1464
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. and Mrs. Charles P. and Cheryl H. McElheney
222 Lake Pointe Dr.
Roanoke Rapids, NC, 27870
Dear Mr. and Mrs. McElheney:
On November 12, 2003, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification for 0.0482 acre of wetland and estuarine shoreline impacts associated with the construction of a proposed
bulkhead adjacent to Roanoke Sound in Dare County. In accordance with 15A NCAC 2H .0506, a site evaluation has
been conducted by Mr. Stephen Lane of the DWQ Washington Regional Office. Based on this review, we have
determined that significant uses could be removed or degraded by this project. Insufficient evidence is provided in your
application to conclude that your project must be built as planned. Therefore, unless modifications of the proposal are
made, we will move toward denial of the 401 Certification as required in 15A NCAC 2H .0507(e). Specifically, please
investigate the following so that we may further review your application for avoidance and minimization of impacts as
required in 15A NCAC 2H .0506(b) and 15A NCAC 213 .0233:
1) Your proposed design does not meet the qualifications to issue a certification as stated in 15A NCAC 02H .0506(d)
which specifically states "that significant existing uses are not removed or degraded by a discharge to class SWL
wetlands as defined at 15A NCAC 213.0101 (d)(4)". Please contact Mr. Lane at 252-946-6481 to discuss site-
specific design alternatives which would minimize the proposed impacts to bring the work into compliance with 15A
NCAC 02H.0506(d).
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Stephen Lane in our Washington Regional
Office at 252-946-6481 or Cyndi Karoly in our Central Office in Raleigh at [phone].
Sincerely,
/111r, John Dorney
JRD/cbk
cc: Corps of Engineers Washington Regulatory Field Office
Stephen Lane, Washington DWQ Regional Office
File Copy
Central Files
031464
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Application 03-1464(Charles McElheney)
Subject: Application 03-1464(Charles McElheney)
From: Stephen Lane <[e-mail]>
Date: Wed, 07 Jan 2004 10:25:39 -0500
To: Cyndi Karoly <[e-mail]>
Hi Cyndi,
The Washington Regional Office recommends
(Charles McElheney) based on the fact that
qualifications to issue a certification as
.0506(d) which specificially states "that
not removed or degraded by a discharge to
at 15A NCAC 2B .0101(d)(4)". If you need
please let me know.
Sincerely,
Stephen
to deny application 03-1464
it does not meet the
stated in 15A NCAC 02H
significant existing uses are
class SWL wetlands as defined
anything more on the case
1 of 1 1/7/04 3:18 PM
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Charles P. McElheney County; Dare
Project Number 03 1464 County2
Recvd From DCM Region Washington
Received Date 11/12/03 Recvd By Region
Project Type bulkhead with backfill
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type . Impact Score Index Prim. Supp. Basin Req. Req. -
CAMA coastal O T O N ?- 30-21 SA HQW 30,155. 0.05 F-
F-rte o Y _0N Fl--F-F_-f _r__f
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The protect should not be issued as currently proposed, Discussions with the applicant have not
occurred yet, but the preferred alternative to the current proposal would be to rip-rap landward of the
coastal marsh so that it is not filled and the high ground is protected from future erosion.
-SDL-12/19/03
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Charles P. McElheney County Dare
Project Number 03 1464 County2
Recvd From DCM Region Washington
Received Date 11/12/03 Recvd By Region
Project Type bulkhead with backfill
Certificates Stream° Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet w l
Type Type Impact Score Index Prim. Supp. Basin Req. Req. .fit -
CAMA coastal FT _0N 30-21 F F SA HQw 30,155. 0.05 F r-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The project should not be issued as currently proposed. Discussions with the applicant have not
cc: Regional Office
Central Office Page Number 1
??,
76,
Charles P. McElheney, Dare Co., 03-1464
Subject: Charles P. McElheney, Dare Co., 03-1464
From: Cyndi Karoly <[e-mail]>
Date: Tue, 02 Mar 2004 12:01:25 -0500
To: Stephen Lane <[e-mail]>
CC: [e-mail]
Stephen - re your staff report recommending issuance based on a revised site proposal
discussed in the field. We'd sent the applicant a hold letter on 2/7/04 based on your
avoid/min recommendation. To date, we have no written response from the applicant or
documentation of a revised plan in this office. Did the applicant provide you
ANYTHING in the field in writing? I really can't issue a 401 when we don't have a
current site plan with specific written details of impacts and mitigation. Verbal
commitments are not enough.
We also need specifics on your mitigation recommendation: Does the final plan now
involve 160 feet of coastal wetlands impacts? Where would the suggested 2:1
mitigation occur? Did the applicant provide any planting or monitoring details?
Please call me if necessary. If the applicant hasn't provided anything in writing, do
you need me to call him? As far as we're concerned this file will remain on hold
until we get a written response coinciding with your recommendations, at which time we
could issue a conditioned 401.
Thanks.
UA c l
1 of 1 3/2/04 12:01 PM
-
NJ-AiWy1Wj
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: G3 _ I y G q -Dc Jr e
171, F Mrb n-\'-F-1he_r,e1
212 LcK-e Poinke Droje
-R )C,..rnaLe I PI C?sV N C 2 870
Rece Z
Printed Name) , / C. a of Delivery
? 9
Z/yim?f 71Y
Is delivery address, different fr6m item 1? ? Yes
If YES, enter d?iv"d`i low: ? No
?J fr J?? ^i
3. Service T t> ?" C3
(Certified it ?VF£p Mail
? Registered at urn Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? yes
2. Article Number
(Transfer from service ?abet)
PS Form 3811, August 2001 Domestic Return Receipt
7002 2410 0003 0275 3639
102595-02-M•1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604