20001042 Ver 1_COMPLETE FILE_20000807

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HOLMAN
111ETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
August 4, 2000 0 010 4 2
MEMORANDUM:
TO: John R. Dorney, Environmental Biological Supervisor
Division of Water Quality

FROM: Doug Hugged
I?4?. Major Permits Processing Coordinator
,.. SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Harold I. Miller Revocable Trust
k` 1 k J
r x' Project Location: #451 Treasure Court (SR 1404), Brigands Bay S/D in Frisco, Dare
County and adjacent to a manmade canal off of Pamlico Sound
x
r Proposed Project: Construct a 79' long treated wooden bulkhead along the shoreline
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 25, 2000. 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
ELIZABETH CITY REGIONAL OFFICE
1367 US 17 SOUTH, ELIZABETH CITY, NC 27909
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

DIVISION OF COASTAL MANAGEMENT QO 1 O 4 Z
FIELD INMTIGATION REPORT
1. APPLICANT'S NAME: Harold I. Miller Revocable Trust
2. LOCATION OF PROJECT SITE: //451 Treasure Court (SR 1404), Brigands Bay Subdivision in
Frisco, Dare County and adjacent to a manmade canal off of Pamlico Sound
Photo Index - 1995: 172-1763 (J,K-10) 1989: 5199-7 (K-16)
1984: 145-390 (F-22) 1978: 90-1369 (K-7)
State Plane Coordinates - X: 3016200 Y: 567600 Buxton Quad LR
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 25, 2000
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - June 16, 2000
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Loral Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW, CW, CS (Coastal Shorelines including ES & PTA)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Dock
Planned - Bulkhead & backfill
(G) Estimated Annual Rate of Erosion: < 1 ft.
Source - Observation - Aerial photos
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
CW 100 .ft.
(B) Non-Vegetated Wetlands
PTA EW 200 .ft.
(C) Other
CS 1600 . ft.
(D) Total Area Disturbed: 1900 sq.ft. (.043 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Closed
8. PROJECT SUMMARY: The applicant proposes to construct a 79 ft. long treated wooden bulkhead
along the shoreline of his property.
Harold I. Miller Revocable Trust
Field Investigation Report
Page Two
The applicant's property is a 8413 sq. ft. vacant lot located at 11451 Treasure Court (SR
1404), Brigand's Bay Subdivision, Frisco Village in Dare County and adjacent to a manmade
canal off the Pamlico Sound. The lot has an elevation of approximately 4 ft. above normal
water level (NWL) has sandy soils and is vegetated mostly with indigenous grasses and shrubs.
Adjacent property consists of lots of similar size with a single family dwelling on the property
to the north and a vacant lot with a shoreline bulkhead on the south. The property has a
shoreline of approximately 79 ft. along the canal. The shoreline consists of a canal bank
averaging approximately 2 ft. above NWL. Vegetation along the shoreline consists of
intermittent areas of Sparrina alternijtlora, luncus roemerianus and red bay. The
Sparrinalluncur fringe varies from 0-3 ft. Raise in elevation in this 0-3' fringe places some of
the indicated species above a point of irregular flooding. Manmade features on the property
consist of an existing dock 6 ft. wide and 20 ft. long with a 6 ft. wide walkway from shore to
the dock. To the south of the dock is an area of the shoreline that is being used as an
unimproved boatramp. Shoreline erosion appears to have occurred; however the erosion rate
appears to be less than 1 ft. per year. The waters of the Pamlico Sound are classified as SA by
the Division of Environmental Management and are closed to shellfish taking in this area.
In order to protect his shoreline from erosion, the applicant proposes to construct 79 ft.
long treated wooden bulkhead. The bulkhead will connect at the comer of the existing
bulkhead to the south and have the same alignment. The bulkhead will turn in with a wing
wall on the northern property line. The maximum distance offshore will be 5 ft. where the
bulkhead connects with the existing bulkhead on the south side. The average distance
waterward of NWL will be 3 ft. The bulkhead will be bacldilled after construction is
completed.
The proposed bulkhead would result in approximately 80 sq. ft. of Coastal Wetlands
Area of Environmental Concern and approximately 400 sq. ft. of Public Trust Area, Estuarine
Waters AECs being filled. Temporary water turbidity would occur during construction. It is
anticipated that approximately 1600 sq. ft. of Coastal Shoreline AEC would be disturbed by
the proposed construction process all of which would occur within 30' of NWL.
Submitted by: Frank A. Jennings, III
Date: July 27, 2000
Form DCM-MP-1
001042
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Harold I. Miller Revocable Trust
Mary V. Miller Revocable Trust
Address 3435 Aston Street
City Annandale State Virainia
Zip 22003 Dav Phone
Fax
b. Authorized Agent:
Name Wesley M. Meekins, Jr.
Address P.O. Box 1998
City Manteo
State NC
Zip 27954 Day Phone [phone]
Fax [phone]
c. Project name (if any)
I*VM. Perris will be unwd in name of landowner(s), and/or
project nanw.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Brigand's Bay Frisco
c. Street address or secondary road number
Lot 451 Treasure Court (SR 1404)
d. Is proposed work within city limits or planning
jurisdiction? Yes x No
e. Name of body of water nearest proiect (e.g. river,
=-=x. sound. nav) Man made canal off Pamlic
Sound
3. DESCRIPTION AND PLAINVNED USE
OF PROPOSED PROJECT
a. List all development activities you propose te.g.
building a home, motel, marina, buikhead, pier. and
excavation andior filling activities.
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Will the project be for public, private or commercial
use? private
d. Give a brief description of purpose, use, methods of
conmmction and daily operations of proposed project.
If more space is Herded, please attach additional pages.
stop erosion
*f_J__J A7 M?
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 8,413.51 sq. ft.
b. Size of individual lot(s)
same
c. Approximate elevation of tract above MHW or NWL
3.6'
d. Soil type(s) and texture(s) of tract
sand & sandy loam
e. Vegetation on tract yard grass pine bay
and needlerush at shoreline
Man-made features now on tract dock
What is the CAMA Land Use Plan land classification
of the site? (c ntuu the locai knd use pian.)
X Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
node
Is the proposed project consistent with the applicable
zoning? x Yes No
J.
Has a professional
done for the tract?
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
Are there wetlands on the site? X Yes No
Coastal (marsh) x Other x
If yes, has a delineation been conducted? no
Mnach docownwim, #f a?atl k)
m. Describe existing wastewater treatment facilities.
N/A
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 runoff
o. Describe existing drinking water supply source.
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.
An amaste, dated work plat (including plan view and
tonal 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 must
be sufficiently detailed to guide agency personnel
unfamiliar with the area to the
site. Include highway or secondary road (SR) numbers,
archaeological assessment been
Yes X No
RevW WM
Form DCM-MP-1
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 Harold C. & Nancy M. O'Connor
Address 900 Fairmount Ave., State ? lllc e, PA
Phone
Name Jeffery A. & Paula S. Shank
Address P.O. Box 568, N. Lima, OH 44452
Phone
Name
Address
Phone
• A list of previous state or federal permits issued fcr
wore on the project tract. include permit Trim rs.
permitter. and is ring dates.
` A check for $250 trade 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 wiil be
conducted in a manner consistent with such program.
e: div that I am authorized to grant, and do in :ac:. --rant
oermission to recresentatives or state ins, fedc:-.u review
azencies to en-- on the aforementione-a ianas :n
connection 1xim evaluating informanon reiate i :o this
hermit application and follow-up monitoring of the project.
further certify that the information orovideci :a this
appication is truthful to the best of my jctowiea__.
:his is the I -,lay of f 60
?: int tiame?_? VetA M.
$l?_ a13Ire
LanOowner or AUMOrt;GO AgeW
Please indicate attachments pertaining to your proposes
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 dare each mrachment w the space
provided ar the bottom of each form.

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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Met Flual
Fvkflos Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
subilizaion)
1. EXCAVATION Al /,-t-
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 N
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?
Revtted 03195
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
If Yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
? Bulkhead Riprap
b. Length 19 FT
c. Average distance waterward of MHW or NWL
3 Fr-
d. Maximum distance waterward of MHW or NWL
,S F T
e. Shoreline erosion during preceding 12 months
/ Fool
(Source of information) D 5 5 ER 0?4 Tt 0 0?
f. Type of bulkhead or riprap material -rgEATEd
(food
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill /D ea V4
h. Type of fill material CLtA1V 0RY F, //
i. Source of fill material 61 /*000 Sougcc
4. OTHER FILL ACTIVITIES 'V (Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
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? 9'( R u LA:/+e-4 d,
YA-Rd w.11 be 4R??sse=• ASAIP
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be crDssed in transporting equipment
to project site? Yes v No
If yes, explain steps that will be taken to lessen
environmental impacts.
NA-t C_0 /. M, /leie Kq-_4)06A&4:
or rraleot dame

V 200c
Revised 03/95
afm A
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now
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VICINITY MAP we
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PLATTED LINE D"deli"?
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TREASURE CI T. 5R 14-0,4 -
REVISED 417100 : CHANGED SCALE TO I' - 30'
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so' Raw
I EGEND
I I NE PLAR I No 111 5 I AN(A 0 FX I S T I N6 C'ONCRE TE MONUMENT
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62' RM RE NCFIMAR K
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FLOOD ZONE.. AE 0 e'•
REFERENCE MADE 'AMENDED PLAT
BRIGANDS' STAY' MB. - 6 . PG. 71
Ilk,
l •'?
DARE COUNTY REGISTRY c

1. WESLEY M. MEEKINS. JR. CERIII-Y IIIAI UNDER
I
-1465 a.
MY DIRECTION AND SUPERV15ION THIS PLAT WAS .
DRAWN FROM AN ACTUAL FIELD LAND SURVEY: THAT :L1
GQ'
.. ;
THE RATIO OF PRECISION AS CALCULATED 15 1: 10.000: ;?.?
THAT T1115 PEAT WAS PREPARED IN ACCORDANCE WITH
.,.
N.C.A.C. IITLE 21. CHAPTER 56. SECTION .1600. ?I I"1,•`
'??,;
WITNESS MY ORIGINAL SIGNATIIRE. RE6I5TRAIION NO, III AI OF
AND SEAL THIS Ilth DAY OF FERRUARY. A.D. 2000 101 451 BRIGANDS' BAY
FOR
?'
?' PAUL MILLER
,,
WESLEY M. EEKINS. JR. PISS -1465
SURVEYED BY: W.M. MLE=KINS. JR. & ASSOC., INC.
W.M, MEEKINS. JR. 6 ASSOC.. INC. SORVEYFD ON: 2/2/00
Land SIrreyorl and Planner) FR I SCO HATTERAS TWSP.
P.O. Roc 1998 IIARF (,Ol)H I Y NOR TH CAROL I NA
aeteo. C 279"A ')(.Al f=: f - 30' _
Job No. FRS-975-00 -
60
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401 tracking notices
Subject: 401 tracking notices
Date: Fri, 15 Sep 2000 09:22:41 -0400
From: Chris Holtz <[e-mail]>
To: [e-mail]
Good morning Cyndi,
I just wanted to touch base with you regarding several of the projects
that you are tracking in the WaRO area. I finally got to access the
FileMaker Pro program yesterday afternoon and I spent some time looking
at what kind of information you require in your reports from our
office. I still have some questions about some of the responses that
are required to complete the form prior to submission. I hope that we
can take a few minutes on Monday to actually run through one so that I
can ask you questions as we go step by step through the form. That
would certainly be beneficial for me. In the mean time, I just wanted
to comment on a few of the CAMA major permit applications for projects
at sites that I visited in the past few weeks.
1. NC Seafood Industrial Park Authority. DWQ #00-1054. As far as I
could tell, this project would pose very minimal water quality impacts.
I would say that it should be permitted. The site is already heavily
developed with commercial operations and piers abounding. One more
shouldn't be a problem. (In my opinion) G, e 46 WO 8r//a/dv
2. Norman Bibeau. 00-1053. It seems to me that he is trying to develop
his lot by building much too close to the water. I would NOT issue a
permit for this. His two neighbors have situated their homes further
back from the water's edge and there does not appear to be any valid
reason for allowing him to build his house closer. This proposed
project is not consistant with the intent of the Buffer Rules. I would
probably go along with approving his bulkhead proposal, but not the
installation of the deck, pool and house footprint. The neighbor to the
south does have a bulkhea er does
not. .It prob u d aid in reducing the potential for erosion o
pr er CU /2 b VIV66
Harold Miller, Revocable Trust, Dare County. 00-1042 I did not have
the opportunity to travel down the Hatteras peninsula while I inspected
the other northernly sites. Therefore, I have not been to Mr. Miller's
property. Based on the report that I was provided, the proposed project
for the installation of a 79 foot long bulkhead seems reasonable. Most
lots along the sound have similar erosion control devices in place.
I look forward to having the opportunity to discuss these projects his
y in person next week. Have a fun weekend. /??6,? -4,)
Chris Holtz
IN REPLY REFER TO
Regulatory Division
Action ID No. 200011401
August 11, 2000
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Mr. Dorney:
r? AI1^
WlfTFI' I,LITY SFCTi;
....?.9U...___ ,
Please reference the application of Harold Miller Revocable Trust for Department of the
Army (DA) authorization and a State Water Quality Certification to place fill material within
wetlands and construct a bulkhead, on property located at Lot 451 Treasure Court, in the
Brigands Bay Subdivision, adjacent to a man-made canal to the Pamlico Sound, in Frisco, Dare
County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by October 11, 2000, the District Engineer will
deem that waiver has occurred.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone [phone], extension 23.
Sincerely,

Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638

IN REPLY REFER TO
Regulatory Division
Action ID No. 200011401
Harold I. Miller Revocable Trust
C/O Wesley M. Meekins, Jr.
Post Office Box 1998
Manteo, North Carolina 27954
Dear Sirs: ( -
l
albLl?
On July 24, 2000, we renewed Genera' Permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from the
State of North Carolina.
A review of your application received August 8, 2000, for Department of the Army (DA)
authorization to place fill material within wetlands and construct a bulkhead, on property located
at Lot 451 Treasure Court, in the Brigands Bay Subdivision, adjacent to a man-made canal to the
Pamlico Sound, in Frisco, Dare County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for any reason, you
will be informed regarding its further management. If there are no unresolved differences in
State-Federal positions or policies, the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after receiving such confirmation should you
begin work.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
August 11, 2000
GdSOU
Y? SECTION
.?.. ,,,
P LVES
Your application, pursuant to Section 404 of the Clean Water Act, has been assigned
Action ID No. 200011401 and will be coordinated by Mr. Raleigh Bland in our Washington
Regulatory Field Office. Mr. Bland is available at telephone [phone], extension 23.
Sincerely,
W,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
John Dorney
,/later Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Garland B. Pardue
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
-3-
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
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. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
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
I LT1.9;TA
T 0
D E N R
September 15, 2000
DWQ# 00-1042
Dare County
Harold I. Miller Revocable Trust
Mary V. Miller Revocable Trust
Care of Wesley M. Meekins, Jr.
3435 Aston Street
Annandale, VA, 22003
APPROVAL of 401 Water Quality Certification
Dear Mr. Meekins
You have our approval, in accordance with the attached conditions, to place fill material in 0.007 acre of non-
vegetated and vegetated wetlands in order to construct a 79-foot long bulkhead on #451 Treasure Court, SR 1404,
in Frisco, Dare County, as described in your application received 7 August 2000. After reviewing your application,
we have determined that this work is covered by General Water Quality Certification Number 3274. This
Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. 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 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 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 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.
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, 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 Dorney at 919-733-9646.
Sincerely,
e T. Stevens
Non-Discharge Branch 1621 Mall Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Doug Huggett, DCM
File Copy
Central Files
Wesley Meekins, P.O. Box 1998, Manteo, NC, 27954
001042

-2- orT 1 3 2no,

Copies Furnished:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
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. 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
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
Pivers Island
Beaufort, North Carolina 28516
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
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
October 6, 2000
Regulatory Division
Action ID No. 200011401 and State Permit No. 150-00
Harold I. Miller Revocable Tnist
C/O Mr. Wesley M. Meekins, Jr.
Post Office Box 1998
Manteo, North Carolina 27954
Dear Sirs:
Reference your application for a Department of the Army (DA) permit to place fill material
within wetlands and construct a bulkhead, on property located at 451 Treasure Court, in the
Brigands Bay Subdivision, adjacent to a man-made canal to the Pamlico Sound, in Frisco, 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,
U4 pi
Raleigh Bland, P.W.S.
Regulatory Project Manager

©*°jgn

N REPLY REFER TO DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000

September 18, 2000
Regulatory Division
Action ID No. 200011401
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
SIFT 2,
_4r'rk'
Reference the application of the Harold Miller Trust for a Department of the Army (DA)
permit to place fill material within wetlands and construct a bulkhead, on property located
at Lot 451 Treasure Court, in the Brigands Bay Subdivision, adjacent to a man-made canal
to the Pamlico Sound, in Frisco, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. The bulkhead and associated backfill (fill) material will be located landward of the
Coastal Shoreline Area of Environmental Concern (30' Buffer).
2. No vegetated wetlands will be excavated or filled.
3. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
4. The fill material will be clean and free of any pollutants except in trace quantities.
Metal products, organic materials, or unsightly debris will not be used.

-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,

Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
,/North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
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 Service
Pivers Island
Beaufort, North Carolina 28516
1
-3-
Mr. William L. Cox, Chief
Wetlands Section - Region N
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909