19991360 Ver 1_COMPLETE FILE_19990122

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IL W?TtANh April 10, 2000
kfLpTO
Regulatory Division
Action ID. 200010369
Hatteras Estates Property Owners Association
CIO Fred Hale
Post Office Box 798
Hatteras, North Carolina 27943
Dear Mr. Hale:
?le
By copy of the North Carolina Department of Environment and Natural Resources letter to
you of March 21, 2000, we have learned that North Carolina Coastal Management Consistency
Certification for your proposed plans to dredge 3,150 linear feet of an existing natural channel
within Sandy Bay and the Pamlico Sound, adjacent to the Hatteras Estates Development, located
off NC Highway 12, in Dare County, North Carolina, has been denied. The Coastal Zone
Management Act provides that no Federal permit may be issued for an activity within the coastal
zone where the State has denied a consistency certification. Accordingly, your Department of the
Army application is hereby denied, without prejudice, and your file has been retired.
Additionally, we received unfavorable comments from Federal review agencies (copies
enclosed). Their reaction to your proposal is the result of anticipated significant adverse impacts.
I have provided these Federal agencies' comments to alert you to concerns in addition to those
identified in the State's denial letter. While appealing the State permit is the next step in
pursuing State authorization, you should be aware that Federal agency comments will be
unchanged by the outcome of that appeal. Should you be successful in obtaining a consistency
certification, therefore, the issues raised by agency comments will have to be resolved before a
decision on your permit application is made.
Mr. Raleigh Bland of my Washington Regulatory Field Office staff is available to answer any
questions you may have or to assist you in developing a revised plan. Mr. Bland may be reached
at telephone [phone], extension 23.
Sincerely,
Enclosures
G. Wayne Wright
Chief, Regulatory Division
,
Copies Furnished (without enclosures):
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
-2-
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Dorney
Division of Water Quality-Wetlands Section
N.C. Department of Environment
and Natural Resources
621 Mail Service Center
V/f Raleigh, North Carolina 27699-1621
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Hatteras Estates Homeowners Association
Project Number 99 1360
Recvd From DCM
County Dare
County2
Region Washington
Received Date 12/12/99 Recvd By Region 12/9/99 f
Project Type d
d
i 11*0 `/ l
re
g
ng
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
ME
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
LAMA Waters O Y OO N 30-22 SA ?- 30,155. 3,100.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more Info? O Y * N
Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N
Is Mitigation required? O YO N
Provided by Region: Latitude (ddmmss)
Comments:
Longitude (ddmmss)
This project inv 100 linear feet of a marked navigation channel. The project
olves the dredging of 3
is in SA waters wit ,
h open shell fish waters I contacted shellfish sanitation to see if they had
comments or if this project would necessitate shellfish closure and they had no comments. The
C AMA hio indicate s that there was a commnity of SAVs but that NMF found the community to be
relatively small
on ly 5-15% coverage The CAMA represenative stated that the channel was basically
,
void of hnttnm veg etation due to boat traffic in the area
The Washington Regional Office has concerns over the submitted desi, of f the spoil disposal
area rlWO's gene ral certification states that the influent and effluent nine must be postioned at
maximum seperati on to insure adequate settling for the spoil material- However, this project ap pars
to have the influen t and effluent on the same side with a small sep r?gation (only 100-150 feet). This
disposal area need s to hp rp .onfigured to allow for better settling to proter•.t downstream water
quality. This i part icularly important considering the receiving waters will be
Recommendation: O Issue f Issue/Cond O Deny
cc: Regional Office Page Number 1
Central Office
Facility Name Hatteras Estates Homeowners Association
Project Number 99 1360
County Dare
Regional Contact: Brad Shaver
Date:
Comments (continued from page 1):
So with open shellfish classification.
The Washington Regional Office recommends issuance of this permit with the above conditions
placed on the applicant to design a better conf aeration of the spoal disposal area.
Submitted 1 /10/00
cc: Regional Office Page Number 2
Central Office

0
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CJ9
J
CAM
.25 Vea,"
December 6, 1999

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: Hatteras Estates Homedwners Association
Project Location: Adjacent Hatteras Estates off NC 12 in Hatteras Village, Dare County
Proposed Project: Dredge 3,100 linear ft. of a marked navigation channel to a depth of -4.5
ft. with a width of 20 feet and place spoil material in an existing spoil site.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 27, 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 DATE I I?
North Carolina Ddpartment 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]
401
Subject: 401
Date: Tue, 28 Dec 1999 17:01:57 -0500
From: Brad Shaver <[e-mail]>
To: Cyndi Bell <[e-mail]>
Cyndi,
I hope you had a nice X-mas and welcome back to work.
The WaRO has reviewed project no. 99-1382 and recommends issuance. This
project is simply the rebuilding of a fishin pier on the Outer Banks.
It has been entered into the computer. 4Z 1-2-)- ff
tcll?l 1-2117
Also can you please check on two projects I have applications for but
cannot find them in the computer system.
1. N.C. Wildlife Resources Commission, Boat Ramp in Washington County on
the Roanoke River
2. Weyerhaeuser Real Estate Company, pier in Beaufort County on
Campbell's Creek
Thank You and have a nice New Year,
Brad
I o1' I 12/30/99 9:49 AM

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Hatteras Estates Homeowners Association (resubmitted)
2. LOCATION OF PROJECT SITE: Adjacent to Hatteras Estates, off NC 12, Hatteras Village, Dare
County, Pamlico Sound
Photo Index - 1995: 172-1758: A-G 17, G 18, H 19, 120, J21 Spoil Site: 171-1754 J-1_5
1989: 5200-10 A-E4, F5, G6 1984: 147-385 E7-8, F8-9, G-010 Spoil Site: L-05
1978: 91-1360 H18, 119, J20, K-Q21 Spoil Site: O-R16
State Plane Coordinates - X: 2992500 Y: 553250 Hatteras Quad LIZ
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04 November 1999
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 05 November 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
a
7. HABITAT DESCRIPTION: [AREA]
DRFDCTFD FII.I F.T) OTUFR
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Water Bottom 62,000 square feet
High Ground Spoil Site 112,500 square feet
(D) Total Area Disturbed: 174,500 square feet (4.00 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to dredge 3,100 linear feet of a marked navigation
channel to a depth of -4.5 feet with a width of 20 feet. The spoil material is to be deposited on an
existing spoil site in close proximity to the development area.
Hatteras Estates (resubmitted)
Bio Report
Page Two
Site Description
The development site is a portion of Durants Channel located in Sandy Bay,
Pamlico Sound on the north side of Hatteras Village, Dare County. The development
site begins approximately 500 feet south of Channel Marker #8 and ends at marker #4.
Water depths in the area range from -2'/2 feet to -5'/z feet with a bottom that appears to
be composed of sand and shell pieces. Submerged aquatic vegetation beds were
observed near the project site, close to shore. The channel is used extensively by local
boaters and commercial fishermen and is the access for Hatteras Estates harbor and
Slash Creek. According to the applicants, the hurricanes in 1996 and 1999 have
resulted in shoaling of the channel area.
The waters of Pamlico Sound are classified as SA by the Division of
Environmental Management and are open to shellfishing in the vicinity of this project.
Development Proposal
In order to continue to provide a safe navigational channel for small boats to
Hatteras Estates harbor and Slash Creek, the applicant proposes to dredge a 3,100 foot
long, 20 foot wide area of Durants Channel to a uniform final depth of -4'/z feet. The
applicant proposes to remove approximately 2,525 cubic yards of bottom material and
deposit it within the confines of a 250 foot wide, 450 foot long and 5 foot high earthen
berm spoil retaining site located near Meter Point, at the end of SR 1253, Hatteras
Village. The site has a capacity of approximately 16,000 cubic yards of material and is
located approximately 400 yards from the channel. The proposed spoil site has a
bulkhead along the shoreline and has been used in the past for similar projects.
Historical Background
The proposed development project (resubmitted) is the result of an initial permit
application that was denied on November 12, 1996. The applicants appealed to the
Office of Administrative Hearings. The parties agreed to continue the hearing partly to
resolve some evidentiary questions and party to allow the application to be modified.
The width, depth and area of the proposed dredging have been reduced from the
original application to conform to the channel width and depth authorized by CAMA
Major Permit #180-89 (-4 ft water depth and a 20 ft wide channel). This permit was
issued September 5, 1989 for the dredging of Hatteras Estates and Slash Creek
entrance to Channel Marker #8. This work had been previously authorized by permit
#167-90 to a depth of -4.5 feet.
Hatteras Estates (resubmitted)
Bio Report
Page Three
On September 17, 1997 Ronald S. Sechler, Fishery Biologist, NMFS conducted
a bottom sampling for the purpose of establishing the existence of SAV habitat within
the parameters of the original development proposal. The results that were presented
by his report dated September 22, 1997 indicated a patchy distribution with between 5%
and 15% SAV coverage in water depths of less than -5 feet. The new proposal is an
effort by the applicant to avoid and minimize SAV impact.
Anticipated Impacts
The development proposal will result in approximately 62,000 square feet of
bottom disturbance in the Pubic Trust Area, Estuarine Waters Areas of Environmental
Concern (AEC's). The spoil site will result in approximately 112,500 square feet of high
ground area used as a spoil containment area, of which approximately 13,500 square
feet is located within the Estuarine Shoreline AEC. Localized short-term turbidity will
occur during the dredging operation. It is anticipated that there will be some localized
impact to SAVs.
Submitted by: Frank A. Jennings, I I I
Date: December 2, 1999

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Hatteras Villaee (Durants Channel)
1. APPLICANT
a. Landowner:
Name Hatteras Estates Property Owners Association
Address P.O. Box 798
City Hatteras State NC
c. Street address or secondary road number
N/A
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Durants Channel, Pamlico
Sound
Zip 27943 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any) Hatteras Estates Propert
Owners Assoc. EPI 96-275
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
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.
Dredge marked channel from Sandv Bav (see plat)
500' to Marker #8 and continue dredging along the
marked channel ending dredging at marker #4.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance dredging
c. Will the project be for public, private or commercial
use? Public
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. Channel to be excavated by a hydraulic
dredge for boating access by Hatteras Estates and
adjacent property owners. Coast Guard has channel
marked with lighted bouys.
Revised 03/95

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
4. LAND AND WATER
CHARACTERISTICS (SPOIL AREA)
a. Size of entire tract spoil area = 10 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above M1IW or NWL
d. Soil type(s) and texture(s) of tract
Udorthents
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.) N/A
o. Describe existing drinking water supply source.
None
e. Vegetation on tract Bulkhead
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.)
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Residential - Single family
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then forward
a copy of the deed or other instrument under which the
owner claims title, plus written permission from the
owner to carry out the project.
J. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property?
Yes X No
1. Are there wetlands on the site? _ Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted? N/A
(Attach docwnentation, if available)
• 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 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
Revised 03/95
Form DCM-MP-1
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Mr. Robert Willis
Address P. O. Box 4
Phone Hatteras, NC 27943
Name Mr. Stockton Midgett
Address P.O. Box 250
Phone Hatteras, NC 27943
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permitter, and issuing dates. Permittee: Hatteras
Estates Property Owners Association #180-89
issued 12/31/89 *See attached document
• 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. 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.
h
phis is the day of log
Print Name Hatteras Estates Property Owners Assoc.
S i gnatu?e ?-IOLI C?- CtA-- , 12 PM
1 Qitdowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
_DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM -MI1-2
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. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Marked Channel
N/A
N/A -- --- ---- ------
N/A

N/A -----
N/A ------ ------ -------
N/A ----- ------ -------
3100' 20' - 3.4' - 4.5'
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 2,525 c. yds
b. Type of material to be excavated Sand, shell
Fragments and silt
c. Does the area to be excavated include coastal
wetlands? Yes X No
d. Highground excavation in cubic yards -0-
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area W. Z. Burrus
Property (10 acres)
b. Dimensions of diposal area 250' x 450' x 5'
c. Do you claim title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner. Attached
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? Same area
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands?
Yes X No
water N/A
(2) Dimensions of fill area
N/A
(3) Purpose of fill N/A
f. Does the disposal include any area in the water?
Yes X No N/A
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization N/A
Bulkhead Riprap
b. Length N/A
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
e. Shoreline erosion during preceding 12 months
N/A
(Sow-ce of Ulfori ntition)
f. Type of bulkhead or riprap material
N/A
g
Amount of fill in cubic yards to be placed below
water level N/A
(1) Riprap -0-
(2) Bulkhead fill -0-
h. Type of fill material N/A
1. Source of fill material N/A
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? N/A
Yes X No
If yes,
(1) Amount of material to be placed in the
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? Behind a diked
disposal area *see attached plat
b. What type of construction equipment will be
used (for example, dragline, backhoe, or hydraulic
dredge)?
Hydraulic dredge
c. Will wetlands be crossed in transporting
equipment'? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Hatteras Estates Property Owners Assoc. Fred Hale
A I * ant or Project Name
Ey ?-
Signature
(-25-0.
Date
Revised 03/95
0
DREDGE OPERATION AND SPOIL AREA NARRATIVE
HATTERAS ESTATES PROPERTY OWNERS ASSOC.
DREDGE OPERATION
A hydraulic dredge will remove the sand and silt from Durants Channel as indicated in our application.
The dredged material will be transferred by pipeline to the spoil disposal area. The spoils will be smoothed
and stabilized upon decommissioning of the dredge from the spoil area after settling and drying has
occurred.
SPOIL AREA
The spoil area is located at the Muddy Creek - Pamlico Sound juncture known as the W.Z. Burrus
property. The area is approximately ten acres 1050' by 125'. A berm will be constructed around this are
to hold the dredged material. This site is currently bulkheaded and a berm will be constructed within the
bulkheading and around the dredged spoil to contain it.
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UK I HUFMU I VUKAPHIC MAY ENVIRONMENT,NL PROFESSIONALS. INC.
HATTERAS ESTATE SCALE: °= 70o et.
DATE: y-_'3-()9 PO BOX 3368
PROJECT: 9?,-27? KILL DEVIL HILLS. NC '7948
HATTERAS DARE ('0('TY DRAWN BY: HK:?I 252-441-0239 3 OF J
NORTH CAROLINA REVIEWED BY: RDD Planning fora Better EnNironment
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Hatteras Estates Homeowners Association (resubmitted)
2. LOCATION OF PROJECT SITE: Adjacent to Hatteras Estates, off NC 12, Hatteras Village, Dare
County, Pamlico Sound
Photo Index - 1995: 172-1758: A-G 17, G18, H19, 120, J21 Spoil Site: 171-1754 J-1-5
1989:.5200-10 A-E4, F5, G6 1984: 147-385 E7-8, F8-9, G-010 Spoil Site: L-05
1978: 91-1360 HI8, 119, J20, K-Q21 Spoil Site: O-R16
State Plane Coordinates - X: 2992500 Y: 553250 Hatteras Quad LR
3. INVESTIGATION TYPE: CAMA/D&F

4.
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04 November 1999 n
Was Applicant Present - Yes
i
5. PROCESSING PROCEDURE: Application Received - 05 November 1999
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local L
and Use Plan - Dare County

4 J
L
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]
DRF.DGF.D FTT.T .F.D nTT4 PR
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Water Bottom 62,000 square feet
High Ground Spoil Site 112,500 square feet
(D) Total Area Disturbed: 174,500 square feet (4.00 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to dredge 3,100 linear feet of a marked navigation
channel to a depth of -4.5 feet with a width of 20 feet. The spoil material is to be deposited on an
existing spoil site in close proximity to the development area.
Hatteras Estates (resubmitted)
Bio Report
Page Two
Site Description
The development site is a portion of Durants Channel located in Sandy Bay,
Pamlico Sound on the north side of Hatteras Village, Dare County. The development
site begins approximately 500 feet south of Channel Marker #8 and ends at marker #4.
Water depths in the area range from -2'/2 feet to -5'/2 feet with a bottom that appears to
be composed of sand and shell pieces. Submerged aquatic vegetation beds were
observed near the project site, close to shore. The channel is used extensively by local
boaters and commercial fishermen and is the access for Hatteras Estates harbor and
Slash Creek. According to the applicants, the hurricanes in 1996 and 1999 have
resulted in shoaling of the channel area.
The waters of Pamlico Sound are classified as SA by the Division of
Environmental Management and are open to shellfishing in the vicinity of this project.
Development Proposal
In order to continue to provide a safe navigational channel for small boats to
Hatteras Estates harbor and Slash Creek, the applicant proposes to dredge a 3,100 foot
long, 20 foot wide area of Durants Channel to a uniform final depth of -Y'/2 feet. The
applicant proposes to remove approximately 2,525 cubic yards of bottom material and
deposit it within the confines of a 250 foot wide, 450 foot long and 5 foot high earthen
berm spoil retaining site located near Meter Point, at the end of SR 1253, Hatteras
Village. The site has a capacity of approximately 16,000 cubic yards of material and is
located approximately 400 yards from the channel. The proposed spoil site has a
bulkhead along the shoreline and has been used in the past for similar projects.
Historical Background
The proposed development project (resubmitted) is the result of an initial permit
application that was denied on November 12, 1996. The applicants appealed to the
Office of Administrative Hearings. The parties agreed to continue the hearing partly to
resolve some evidentiary questions and party to allow the application to be modified.
The width, depth and area of the proposed dredging have been reduced from the
original application to conform to the channel width and depth authorized by CAMA
Major Permit #180-89 (-4 ft water depth and a 20 ft wide channel). This permit was
issued September 5, 1989 for the dredging of Hatteras Estates and Slash Creek
entrance to Channel Marker #8. This work had been previously authorized by permit
#167-90 to a depth of -4.5 feet.
Hatteras Estates (resubmitted)
Bio Report
Page Three
On September 17, 1997 Ronald S. Sechler, Fishery Biologist, NMFS conducted
a bottom sampling for the purpose of establishing the existence of SAV habitat within
the parameters of the original development proposal. The results that were presented
by his report dated September 22, 1997 indicated a patchy distribution with between 5%
and 15% SAV coverage in water depths of less than -5 feet. The new proposal is an
effort by the applicant to avoid and minimize SAV impact.
Anticipated Impacts
The development proposal will result in approximately 62,000 square feet of
bottom disturbance in the Pubic Trust Area, Estuarine Waters Areas of Environmental
Concern (AFC's). The spoil site will result in approximately 112,500 square feet of high
ground area used as a spoil containment area, of which approximately 13,500 square
feet is located within the Estuarine Shoreline AEC. Localized short-term turbidity will
occur during the dredging operation. It is anticipated that there will be some localized
impact to SAVs.
Submitted by: Frank A. Jennings, I I I
Date: December 2, 1999
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Hatteras Village (Durants Channel)
1. APPLICANT
a. Landowner:
c. Street address or secondary road number
N/A
Name Hatteras Estates Property Owners Association
Address P.O. Box 798
City Hatteras State NC
Zip 27943 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals. Inc
Address P.O. Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any) Hatteras Estates Property
Owners Assoc. EPI 96-275
NOTE.' Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Durants Channel. Pamlico
Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, :Hotel, marina, bulkhead, pier, and
excavation and/or tilling activities.
Dredge marked channel from Sandv Bav (see plat)
500' to Marker T8 and continue dredeine along the
marked channel ending dredging at marker #4.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance dredging
c. Will the project be for public, private or commercial
use? Public
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. Channel to be excavated by a hydraulic
dredge for boating access by Hatteras Estates and
adjacent property owners. Coast Guard has channel
marked with lighted bouvs.
Revised 03/95
Form DCM-MP-1
APPLICATION.
(To be completed by all applicants)
4. LAND AND WATER m. Describe existing wastewater treatment
CHARACTERISTICS (SPOIL AREA) None
a. Size of entire tract spoil area = 10 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or NWL _
51
n. Describe location and type of discharge
the state. (For example, surface run
wastewater, industrial/commercial eff
down" and residential discharges.) N/A
d. Soil type(s) and texture(s) of tract
Udorthents o. Describe existing drinking water supply
None
e. Vegetation on tract Bulkhead
f. Man-made features now on tract None
i?. What is the CAMA Land Use Plan land classification 5• ADDITIONAL INFORMATIOP
of the site? (Consult the local land use plan.)
X Conservation X Transitional In addition to the completed application
following items must be submitted:
Developed Community
Rural Other
• A copy of the deed (with state applicat
h. How is the tract zoned by local government? other instrument under which the applican
Residential - Sinele familv to the affected properties. If the app]
claiming to be the owner of said property,
i. Is the proposed project consistent with the applicable a copy of the deed or other instrument and
zoning? X Yes No owner claims title, plus written pennissi
'(Attach zoning compliance certificate, ijapplicable) owner to carry out the project.
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property?
Yes X No
1. Are there wetlands on the site? _ Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted? N/A
(Attach documentation, ifavailable)
• An accurate, dated work plat (includin
and cross-sectional drawings) drawn to sc
ink on an 8 1/2" by 11" white paper. (Ref:
Resources Commission Rule 7J.0203 fu
description.)
Please note that original drawings are pi
only high quality copies will be accepted
prints or other larger plats are acceptable
adequate number of quality copies are I
applicant. (Contact the U.S. Army Corps c
regarding that agency's use of larger drawn
or location map is a part of plat requiren
Revised 03/95
Form DCM-MP-1
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Mr. Robert Willis
Address P. O. Box 4
Phone Hatteras, NC 27943
Name Mr. Stockton Midgett
Address P.O. Box 250
Phone Hatteras. NC 27943
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates. Permittee: Hatteras
Estates Property Owners Association =1S0-89
issued 12/31 /89 * See attached document
• 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. 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 they day of'yu, 109
?
9
Print Name Hatteras Estates Property Owners Assoc.
Signa
andowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
_DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
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-1. Be sure to complete all
other sections of the Joint Application that relate to
this proposed project.
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 2,525 c. yds
Describe below the purpose of proposed excavation or b. Type of material to be excavated Sand, shell
fill activities. All values to be given in feet. Fragments and silt
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWI
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Marked Channel
N/A
N/A - -
N/A

N/A
N/A --
N/A --- - -
3100' 20' - 3.4' - 4.5'
c. Does the area to be excavated include coastal
wetlands? Yes X No
d. Highground excavation in cubic yards -0-
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area W. Z. Burrus
Property (10 acres)
b. Dimensions of diposal area 250' x 450' x 5'
c. Do you claim title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner. Attached
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? Same area
Revised 03/95
Form DCM-NIP-2
e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands?
Yes X No
f Does the disposal include any area in the water?
Yes X No N/A
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization N/A
Bulkhead Riprap
b. Length
N/A
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance vvatem and of :V1HW or NWL
N/A
e. Shoreline erosion during preceding 12 months
N/A
(Sow-ce of injoi nnation)
f. Type of bulkhead or riprap material
N/A
g. Amount of fill in cubic yards to be placed below
water level N/A
(1) Riprap -0-
(2) Bulkhead fill -0-
h. Type of fill material N/A
1. Source of fill material N/A
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? N/A
Yes X No
If Yes,
(1) Amount of material to be placed in the
water N/A
(2) Dimensions of fill area
N/A
(3) Purpose of fill N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? Behind a diked
disposal area *see attached plat
b. What type of construction equipment will be
used (for example, dragline, backhoe, or hydraulic
dredge)?
Hvdraulic dredge
c. Will wetlands be crossed in transponing
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Hatteras Estates Property Owners Assoc. Fred Hale
AAn incant or Project Name
sivnaturc
Date
Revised 03/95
DREDGE OPERATION AND SPOIL AREA NARRATIVE
HATTERAS ESTATES PROPERTY OWNERS ASSOC.
DREDGE OPERATION
A hydraulic dredge will remove the sand and silt from Durants Channel as indicated in our application.
The dredged material will be transferred by pipeline to the spoil disposal area. The spoils will be smoothed
and stabilized upon decommissioning of the dredge from the spoil area after settling and drying has
occurred.
SPOIL AREA
The spoil area is located at the Muddy Creek - Pamlico Sound iuncture known as the W.Z. Burrus
property. The area is approximately ten acres 10-50' by 135'. A berm will be constructed around this are
to hold the dredged material. This site is currently bulkheaded and a berm will be constructed within the
bulkheading and around the dredged spoil to contain it.
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