20020848 Ver 1_COMPLETE FILE_20020528

Michael F. Easley, Governor
?O?. W ATER William G. Ross Jr., Secretary
O OG North Carolina Department of Environment and Natural Resources
' y Alan W. Klimek, P.E. Director
r' Division of Water Quality
June 18, 2002
DWQ# 02-0848
Dare County
Wayne F. McLesky, Jr.
Hatteras Harbor, LLC
2859 Virginia Beach Blvd., Suite 106
Virginia Beach, VA, 23452
APPROVAL of 401 Water Quality Certification
Dear Mr. McLesky
You have our approval, in accordance with the attached conditions, to fill 0.414 acre of coastal wetlands and estuarine waters in
order to replace 1,400 linear feet of an existing bulkhead along the Pamlico Sound in Dare County, as described in your application
received by the Division of Water Quality on May 28, 2002. After reviewing your application, we have determined that this fill is covered
by General Water Quality Certification Number 3371, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands
This Certification allows you to use your LAMA Permit when it is 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 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 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 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 1506 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 Tom Steffens or Deborah Sawyer in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
AW K/cbk
Attachments
cc: Corps of Engineers Washington Feld Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett
John W. Dixon, P.O. Box 1327, Nags Head, NC, 27959
020848
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
inEWR
Customer Service
1 800 623-7748
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1.
2
3.
4.
5.
APPLICANT'S NAME: Wayne McLesky, Jr. (Hatteras Harbor, LLC) )
LOCATION OF PROJECT SITE: NC 12, Hatteras Village,. Dare County, adjacent the Hatteras
Harbor Marina and the Pamlico Sound
Photo Index - 2000: 171-2010, H 19-21; 1995:171-1753, I/J 8-10
State Plane Coordinates, X: 2986000 Y:550800; GPS C OSa/}'
INVESTIGATION TYPE: CAMA / D & F
INVESTIGATIVE PROCEDURE: Dates of Site Visit -February 13, 2002 and April 16, 2002
Was Applicant Present - yes/yes
PROCESSING PROCEDURE: Application Received Complete - April 23, 2002
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands
(C) Water Dependent: yes
(D) Intended Use: Residential
(E) Wastewater Treatment: Existing - none; Planned - engineered onsite treatment for 29-lot
subdivision
(F) Type of Structures: Existing - dredge spoil retention site with a bulkhead; Planned: replacement
of 1,400 If of bulkhead
(G) Estimated Annual Rate of Erosion: unknown; Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
'0V!• A IT A 'Mn F7T T Pn OTHER
(A) Coastal Wetlands 200 SF (0.004 A)
(B) Public Trust/Estuarine 18,000 sf (0.41 A)
Waters

(C) Upland 37,500 sf (0.9 A),
backfill & grading
(D) Total Land and Water Area Disturbed: 1.3 A
(E) Primary Nursery Area: No
(F) Water Classification: SA; Closed to commercial shellfish harvest
8. PROJECT SUMMARY: This project is located in Hatteras Village, on Hatteras Island in Dare County.
This project involves the replacement of approximately 1,400 linear of existing bulkhead along the
Pamlico Sound.
Wayne McLesky, Jr. (Hatteras Harbor, LLC),. Dare County
FIELD INVESTIGATION REPORT
Page 2
PROJECT SETTING
The McLesky site is located between NC 12 and the Pamlico Sound. The site is directly adjacent to Hatteras
Harbor Marina in the Village of Hatteras, on Hatteras Island in Dare County. The existing site consists of a
predominately upland area of approximately 15.5 acres. This site was previously used as a dredge spoil retention
site for dredging operations near the Hatteras Inlet.
Most of the site is considerably elevated for this portion of Hatteras Island and the average existing site elevation
is approximately 7.5 ft above the NWL. The site has an earthen berm around the entire perimeter of the tract.
This berm was previously constructed during the site's use as a spoil retention area. These berm portions of the
tract are elevated 15 to 20 ft above the NWL. The upland portions of this site are vegetated with predominately
wax myrtle; cedar, Salix spp., sea ox, sea myrtle and cordgrass (Spartina patens). The land areas, adjacent to the
Pamlico Sound on the waterward side of the berm structure have a slope of 45 degrees and several areas of the
landward side of these areas have experienced erosion either from tidal events or rainfall runoff.
Bonney Landing, LLC is the adjacent property owner to the east of the proposal site. This adjacent property
shoreline is stabilized with bulkhead and some riprap stone. A marina entrance channel and basin are also located
on this adjacent property. The shoreline along the Pamlico Sound to the southwest is not stabilized with any
hardened structures. This adjacent shoreline has a beach area with some jurisdictional coastal wetland plant
species landward of the NWL, including Spartina patens, Spartina alterniflora and Juncus roemerianus.
The shoreline of the proposal site has an existing bulkhead. Approximately 500 if of this bulkhead (along the
southwestern portion of the site) is in good to fair condition and the NWL is actually at or waterward along
portions of the bulkhead alignment. Much of this portion of the existing bulkhead alignment has a narrow fringe
of Spartina alterniflora and Scirpus spp. waterward of the bulkhead alignment. The remaining portions of the
existing bulkhead structure alignment to the north and east have failed. Although much of the existing bulkhead
structure remains along this failed portion of the existing alignment, much of the bulkhead sheathing, tieback rods
and deadmen, are absent or are exposed behind the bulkhead wall. In some locations, the NWL is more than 50 ft
landward of the existing bulkhead structure alignment. The areas landward of the failed portions of the bulkhead
alignment were previously the backfill areas of the structure. The application does not give an estimated erosion
rate but erosion has obviously occurred along portions of shoreline where the structure has failed. The land and
water areas behind the existing structure wall are presently littered with all kinds of debris and refuse that
probably washed behind the structure during gale, hurricane and northeaster storm events. Water depths directly
behind this wall are approximately 3 inches at NWL, and along some portions of the failed alignment, the NWL
is directly adjacent to the existing wall.
No finfish or live shellfish species were observed during the site visits for this application review. During the
most recent site visit, some minute' sprigs of submerged aquatic vegetation (SAVs) were observed landward of
the existing bulkhead wall. Due to the existing debris in this area, as well as the very shallow water depth, it is
suspected that this small amount of vegetation provides little useful habitat, and as referenced previously, no
small finfish were observed in these waters during the April 16'h site visit.
Wayne McLesky, Jr. (Hatteras Harbor, LLC), Dare County
FIELD INVESTIGATION REPORT
Page 3
The areas landward of the existing bulkhead alignment and NWL slope gradually toward the upland berm areas
of the tract. Most of this area consists of a sand beach well above the NWL and only experiences tidal flooding
during significant storm events. These areas have little vegetation with the exception of some sparse clumps of
Spartina patens. There are some areas, close to the existing bulkhead wall, where jurisdictional coastal wetland
vegetation is present. These areas include small patches of Spartina patens, and Spartina alterniflora. These areas,
in total, do not exceed more than 200 sf in area, are inter-dispersed along the entire bulkhead alignment, and do
not provide any habitat associated with typical coastal marsh.
During the most recent site visit, water depths directly in front of the existing bulkhead wall alignment average 5
to 6 inches, at NWL. Some SAVs were observed from the shoreline, waterward of the existing bulkhead wall.
These were clumps of approximately 8 to 10 inches in diameter, were at least 5 to 10 ft waterward of the existing
bulkhead wall alignment, and were not dense clusters of vegetation.
The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of this portion of
the Pamlico Sound as Coastal Waters. The Coastal Resources Commission (CRC) also designates these waters as
Public Trust Area and Estuarine Waters. The Division of Water Quality has designated these waters as SA
(shellfish fishing) waters. However, these waters are not open to any commercial shellfish harvests.
PROJECT DESCRIPTION
This project involves the replacement of approximately 1,4001f of existing and remnant wood bulkhead shoreline
stabilization. This project also includes the installation of asphalt and concrete road and driveway surfaces within
the 15.5-acre subdivision, as well as the development of 29 residential lots. However, this application does not
concern the authorization of any specific construction, other than shoreline stabilization. None of these referenced
impervious surfaces are proposed within the Coastal Shoreline of the Pamlico Sound. The applicant, however,
has submitted approved Stormwater Certification and Erosion Sedimentation and Control Plan documents as part
of their CAMA permit application. The Divisions of Water Quality and Land Quality, respectively, have
approved both of these documents and currently site work outside of the'Coastal Shoreline and Estuarine Waters
AECs is underway.
This proposed bulkhead replacement is within the same footprint as the existing wood bulkhead. This existing
alignment is currently between the NWL and a maximum of 65ft waterward of the NWL. According to the
permit application, the average distance waterward of the existing alignment is approximately 15 ft, at NWL. As
previously referenced, some portions of the existing wall extend as much as 65 ft beyond the NWL. However,
these areas areon the extreme corners of the property as it extends into the Pamlico Sound. These areas of the
structure alignment have been those areas that have experienced the most wave and wind damage. The bulkhead
replacement will most likely require some excavation along the present bulkhead alignment to remove the existing
piles and sheathing that cannot be washed out by pump. The new bulkhead structure will tie into the existing
bulkhead wall on the neighboring "Bonney, LLC' tract. The application estimates that 413 cy of backfill will be
placed below the NWL. All of the backfill for this proposed project is available onsite and consists of previously
dredged spoil that is predominately shell fragment material and fine to medium sands.
Wayne McLesky, Jr. (Hatteras Harbor, LLC), Dare County.
FIELD INVESTIGATION REPORT
Page 4
ANTICIPATED IMPACTS
The proposed site is located in Hatteras Village, on Hatteras Island. This portion of Hatteras Island is known to
have a rich history of cultural resources. An inspection of available cultural resources mapping data, revealed
archaeology or cultural resources have been previously identified near this site by the Division of Archives and
History. However, these maps have not been updated in at least 10 years, and there exists potential for other
cultural resource sites.
The ongoing site work is outside of any CAMA AEC and has been formally authorized by the Divisions of Water
Quality and Land Quality. If care is taken to install and maintain the appropriate erosion control measures on site
until the entire site is stabilized and vegetated, these activities should not have adverse impacts on the AECs.
Caution should be taken in recognition the concerns referenced in the previous paragraph regarding cultural
resources.
The applicant proposes to replace the existing failed bulkhead within the same alignment as the existing structure.
The proposed development will result in the placement of approximately 413 cy of fill material below the NWL
and will result in the filling of 18,000, sf (0.41 A) of Estuarine Waters. This project will also result in the
grading of at least 0.9 of an acre of Coastal Shoreline to backfill the proposed bulkhead. This project will also
result in the filling of approximately 200 sf of coastal wetlands vegetation. These activities can be expected to
improve the function of the buffer and should actually reduce the rate of stormwater runoff.
Although there is some concern that this project will result in the filling of close to one-half of an acre of Public
Trust Area and Estuarine Waters of the Pamlico Sound, these waters do-not appear to have any significant value
as prime fish or shellfish nursery habitat and hold no public trust navigational interest. Other than the portion of
existing bulkhead alignment that is in fair to good condition and has a narrow 1 to 2 ft wide alterniflora fringe
waterward of the bulkhead wall, there are no significant wetland areas within or directly adjacent to this existing
bulkhead alignment. The applicant has proposed to replace the bulkhead along its existing alignment. There is
little or no wetland vegetation along the portions of the existing alignment where the structure has failed.
Bulkhead replacement where coastal wetland fringe resources are present will be done within the same alignment
as the existing wall, and should not significantly impact the existing fringe:
The water depths between the existing bulkhead wall and the NWL are less than 3 inches during the spring and
summer months. These water areas are also littered with a significant amount of debris. The proposed work will
result in some temporary elevated turbidity levels in the adjacent waters associated with removal of the existing
structure and the construction of the new bulkhead. The proposed new bulkhead will reduce site erosion along the
shoreline as well as those areas located along the landward escarpment of the site. In consideration of these
circumstances, the requested alignment is a reasonable proposal.
Submitted By: Dennis W. Hawthorn
Date: May 23, 2002
Bulkhead Repair and Replacement
McLeskey Property, Hatteras Village, Dare County, NC
Narrative Description
(Modified 4116102)
Existing Environment
The proposed project is located on an approximately 15.51 acre parcel of land owned by Wayne F.
McLeskey, Jr. in Hatteras Village, Dare County, North Carolina and is positioned adjacent to NC 12 and
the Pamlico Sound immediately south of the Hatteras Harbor Marina. The property has historically been
used as a dredge spoil disposal site and there is an existing spoil berm that runs along the perimeter of the
tract. Additional on-site features include a trailer on blocks and approximately 1,340 linear feet of
bulkhead with associated cables and tie back pilings. The bulkhead has failed in several areas and wind
and tides have eroded areas landward of the current bulkhead alignment. These erosion escarpments
extended to a maximum of approximately 60' feet on the northeast and northwest comers of the property.
Discussions with locals, including Al Bonney who owns Hatteras Harbor Marina to the north, indicates
the area of erosion enlarges significantly in the winter and fills in with sand during the spring and
summer. It is clear that this process has been going on for several years and-dreg process of bulkhead
failure, erosion and accretion is an ongoing and continuous process. Thepat enclosed plat accurately
depicts the existing conditions on the site on, or about, February 21, 2002`and provides topographic data
related to the existing spoil disposal area.
Proposed Project
The development proposed includes the repair and/or replacement of the existing bulkhead within the
current alignment indicated on the plat. Following construction, the bulkhead will be backfilled utilizing
the clean fill material located in the berm walls of the dike disposal area. The enclosed plat indicates the
areas to be utilized in the backfill activities. A total of 22,307 sf of area waterward of the surveyed mean
high water line (MHWL) waters will be filled in association with this project. Normal water level
depicted on the accompanying site plat was set on 4-16-02 by DCM. On this date, the mean water depth
was approximately 3. There are no SAV's or shellfish resources within the waters to be filled. There
are sparse growths of Spartina patens and Spartina alternaflora within the project area, with an
approximated total of 200 sf to be impacted. The enclosed photographs depict site conditions on
February 25, 2002.
Upland development includes a 29 lot subdivision and associated roads and utilities. There is 99,152 sf
(14.7%) of AEC within the boundaries of the subject property. Coverage within the AEC will vary
according to each individual lot, however the impervious coverage will be limited to 30% within the
AEC and overall impervious coverage will not exceed 25% as per the low density requirements of the
Division of Water Quality (DWQ). The proposed right-of-way occupies 57,327 sf with approxmately
26,390 sf of impervious cover. Both a sedimentation and erosion control plan and a low density
stormwater application have been prepared and submitted to the Division of Land Quality and Division
of Water Quality respectively for their review and approval.
APPLICATION
(To be completed by all applicants)
c.. Street address or secondary road number
1. APPLICANT
a. Landowner:
Name Wayne F. Mclesky, Jr.
Address 2859 Virginia Beach Blvd, Suite 106
City Virginia Beach State VA
Zip 23452 Day Phone
Fax N/A
b. Authorized Agent:
Attn: John W. Dixon
Name Hatteras Harbor, LLC
Address PO Box 1327
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) Pamlico Sound
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.
Replace existing bulkhead in the original alignment and
backfill to prexisting conditions.
City Nags Head State NC b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance of existing
Zip 27959 Day Phone [phone] bulkhead.
c. Will the project be for public, private or commercial
Fax [phone] use? Private
d. Give a brief description of purpose, use, methods of
c. Project name (if any) Hatteras Harbor, LLC construction and daily operations of proposed project.
_ If more space is needed, please attach additional
NOTE: Permit will be isscced in name of landowner(s), and/or pages. The purpose of the proposed project will be to
project name. replace the existing bulkhead in its original alignment and
backfill to the new bulkhead. The enclosed narrative and
2. LOCATION OF PROPOSED plat accurately depict the proposed work.
PROJECT
natn ED
a. County Dare
APR `i g;nod.
b. City, town, community or landmark
Hatteras adjacent to Hatteras Harbor Marina. COASTAL ivriNAGEMENT
ELIZABETH CITY
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 675,685 SF (15.51AC.)
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW 00? 1
7.5'
d. Soil type(s) and texture(s) of tract
Psamments, Spoil disposal area, sandy material
e. Vegetation on tractMvrica cerifera. Smilax bona-nox.
Juniperus virginiana, Borrichia frutescens. Baccharis
halimifolia, Hibiscus moscheutos. Spartina patens.
Spartina alternaflora
f. Man-made features now on tract existing bulkhead
and dirt road.
g. What is-the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
Conservation X Transitional
Developed Community
Rural Other
How is the tract zoned by local government?
C2
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
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
Are there wetlands on the site? X Yes _No
Coastal (marsh) X Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
. On site conventional wastewater systems.
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.
Public water sunnly
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 accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 V2" 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, landmarks, and the like.
Revised 03/95
Form DCM-MP-1
• 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 Bonney Landing, LLC
Address PO Box 537 Hatteras. NC 27943
Phone N/A
Name Charles Russell Goodwin Charitable Trust ADV
Address PO Box 30799 Raleich. NC 27627
Phone N/A
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.
None
• 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 the 2D day of a r , 2002.
Print Name John W. Dixon>
Signature
owner 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.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
Average Final
Existing Project
Access NA
channel
(MLW) or (NWL)
Canal NA
Boat
basin
Boat
ramp
NA
NA
Rock NA
groin
Rock NA
breakwater
Other NA
(Excluding
shoreline
stabilization)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
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 None
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
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? In permitted location
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
Revised 03/95
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 1,340 LF Bulkhead
c. Average distance waterward of MHW or NWL
15'
d. Maximum distance waterward of MHW or NWL
65'
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material wood
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No ,
If Yes,
(1) Dimensions of fill area approx.. 2,00 sf
total of fringe SpartTaIter- aflora/
(2) Purpose of fill bulkhead backfill patens
5. GENERAL
a. How will excavated or fill material be kept on site and
erosion controlled? Material will be distributed with
a backhoe and grading equipment. Grass will be
established upon completion of the proposed project.
b.
g. Amount of fill in cubic yards to be placed below water c.
level
(1) Riprap -0-
(2) Bulkhead backfill .413 cu yds
d
h. Type of fill material Clean san
i. Source of fill material Dredge spoil
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
If Yes, NA
(1) Amount of material to be placed in the water _
(2) Dimensions of fill area
(3) Purpose of fill
What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Backhoe
Will wetlands be crossed in transporting equipment to
project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts: NA
John W. Dixon
Appli Pro* Ne
e
.S/Z S?O Z
Date
Revised 03195
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
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.
a. Type and number of buildings, facilities, units or
structures proposed 29 single family residences
b. Number of lots or parcels 29
c. Density (give the number of residential units and the
units per acre) One single family residence per lot
not to exceed allowable built upon area as determined
by Dare County ordinances.
d. Sim of area to be graded, filled or disturbed including
roads, ditches, etc. 15.51 Ac.
If the proposed project will disturb more than one acre
of land, the Division of Land Resources must receive
an erosion and sedimentation control plan at least 30
days before land disturbing activity begins. If
applicable, has a sedimentation and erosion control
plan been submitted to the Division of Land
Resources? X Yes No
If yes, date submitted 0374/02
f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces. Asphalt
& Concrete
Describe proposed method of sewage disposal.
Individual onsite conventional wastewater systems
j . Have the facilities described in Item i. above received
state or local approval? Yes
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Runoff from buildings and paved parking aeas will
be routed to and treated by stormwater retention
system
1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Dare County System
m. Will water be impounded? Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? NA
John W. Dixon
ca or Pr 'ect Name,
• re
Date
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 14.7% of property
within AEC. No more than 30% of the AEC will be
covered within each individual lot.
Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
X Yes No
if yes, date submitted 03/4/02
Revised 03/95
00.

Photograph 1
View of existing bulkhead on the south corner
Photograph 2
View of existing bulkhead looking towards the south
Photograph 3
View of existing bulkhead on the north corner
Hatteras Harbor
Date: February 25, 2002
Project No.: P01132
NCDENR
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
May 24, 2002 J
AYE 8
MEMORANDUM: 020848 TO: Mr. John R. Dorney ?ttirySbTON
Environmental Biological Supervisor
Division of Water Quality
FROM
SUBJECT:
Applicant:
Project Location:
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Wayne F. McLesky, Jr. (Hatteras Harbor LLC)
NC 12, Hatteras Harbor Marina in Hatteras, Dare County adjacent to the
Pamlico Sound
Proposed Project: Replace 1,400 linear feet of bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 1f, 2002. If you have any questions regarding the proposed project, please contact
Dennis W. Hawthorn at [phone]. When appropriate, in-depth comments with supporting
data is 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 US. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
DCM % DWQ %
Development Type FEE (143001601-435100093 1625 62531 (743001602 435100095 2341
Private, non-commercial
1
.
development that does not Involve
S250
100%($250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:
Public or commercial development
if
.
that does not involve the filling or $400 100%(S400) 0% (SO)
excavation 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, B, C. or D
below applies:

III(A). For Private, non-commercial
development, if General water Quality S250 100%(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
ill(B): For public or commercial
development, if General water Quality $400 100%(S400) 0% (SO)
,%cation-No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be appried, but DCM staff
determined that additional review and
$400
60% (5240) 40% (S160)
written DWQ concurrence Is needed
because of concerns related to water
quality or aquatic life:
III(D). 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%(S285) 40% (5190)
than one acre of wetlands and/or
open water areas:
~PAMLICO SOUND
Jl 1 ~
NOTE: Q
SCATTERED PATCHES OF WETLAND SPECIES (200 SF TOTAL) ARE TO
BE IMPACTED IN ASSOCIATION WITH THIS PROJECT; WETLAND SPECIES
NOTE: PAMLIC0 SOUND ARE FOUND TO FRINGE THE EXISTING BULKHEAD SPORADICALLY
NORMAL WATER LEVEL WAS SET ON 4-16-02 BY DCM;
WATER DEPTHS SHOWN WERE MEASURED BY QUIBLE ON 4-16-02
z 0
ATLANTIC OCEAN F=
-----°r- ----°---,------i 78.15. 77.62 A2' ; U
~ 7i; ' Y h 1 ' ..25' 95 b0'; 101.64' 7815^75' ^78,15 3 ' x1 78.15 W x,
REAR SETBACK , r - - - - - 1 r 20 REAR SETBAC. it W
s - - - - ° rr _ - - _ - - ...r20 REAR SElBAOK~j + - r 2d REAR SETBACN~ r - - - - - r 2Y HEAR SEIBAC( L r 2D' REAR SE7HA6- I
I t.5' I ` i 11 i t I l I I, I I VICINITY MAP "
0 i h ' ~I f II I I I I _--_T I I~ N.T.S.
\ H, 1- .~r n' I I I 1 Il`--, i I I I 11 I `v U) Ln OR.
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fir m--- (fi I m \ 1 .im 1 t 1 \ O Wi-<g V Z
1. OWNER: F. WAYNE MCIESKEY, JR. / ` _ - - 2859 VIRGINIA BEACH BOULEVARD f LH I I f I _ I' 1 I I I I I \ I I \ i I I I ly~ I I I e A Wpdoxpo'
VIRGINIA BEACH, VA 23452 i 1/^ / r I 'I• 1 ..I I I I I Lot 13 1 1 Lot \1 4 1 1 t\ \ I I I I I Lot 17 I I I X9 Ln Fu 1 Lqt 15 1 Lot 16 1 I ~N of=
Lot 8 I 1 -Lot -9- - -1 Lit 0 1 Lot 12 1 ` 1 Lqt 15
1 1- 1 27,485 SF. 1 1 Lot 11 1 I ) 18,335 SF. I I 18,376 V. 1 1 18,417 \SF. DEVELOPERS, BOX AS u27 HARBOR, uc (c/o JOHN W. DIXON) I I 41J'52 SF. I 1 21,428 SF. 19,146 SF.1 18,297 'F~ I I I 1 I I 18,417 SF. I I I I 18,647 SF. I I I ~ o ~ ¢0 75 41 1458 SF. I I I I i i O R 55 Lot 18 I - o uj Z,
P.O. H!o. NAGS HEAD, NC i t 1 I I 1 A I I I I I I
252-441-2110 I o? A i I \s I \J\ II Il \ III II II II 21,914 SF. I U o g~ 05mo :)z
2. SITE ZONING: C2 i l o V m l I 1 1 1 1 I I / I I I I I I t o I I 1 I I / I I I I I I ^ ( i \ of I I I I H 0 m 005
I RECORDED REFERENCE: PC B SL 45 - De. 321, Ps 177 DB. 210, PG. 169 - DB. 114, PG. 82 , / / 1 1 I I I I I \ iN \ I IN ~i I N IN,~ I ~ a~~.
4. SITE DATA., A. TOTAL TRACT AREA - 3675:685 SOFT. (1551 AC.) T I'- I I I I 1 I I I - - 1 1 I I \ I y 9I 191 I -i I Nlif e l~ a
B. RIGHT OF WAY AREA - 57,327 San. ' I 11 1 I, 1 y~l ti V I T A 1 A C LDTAN[A - 604,185SO.FT. I Iw o ~l 1' V I Ico I Iw 1 I~ A1 W O s
I Ibo i \ 25 FxONT SETBACK Fxavr U L U L 25' $ET91 E 2s' F? SACK U EJ L___ I I
S, TOIAL LINEAR FOOTAGE OF STREETS = 1,160 LF 7 I 1 ( ill Iro I I L U L f SEIBACKJ Y I \ I I / I ' O I rI BG7'WdE'r LAND®4 LL C. ~a
6. PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE (6') 1IR I I I I 1 1 1 LptlAi / 1
COMMUNITY PANEL NO. 375348 0010 D. ZONE SUBJECT TO CHANGE 1 1 ti`i/ / 1 I I 1 sb.1s'- _ 7e.19'- -7~.~- - 7e 78.1 - \7 .19' 32.05' Ci~~A"^k \ I
1. BOUNDARY AND TOPOGRAPHICAL DATA FROM SURVEY BY II II 11 V h1 1 1~ I I I N43 39'357E BY F.E.M.A. 410.96' yea L ~1
SEABOARD SURVEYING 8 PLANNING, INC., DATE 01-14-02 i I \ ' 8 1 I I \ S65 JZ.1 SSg3 / 'SJ $
7f; / F I 1 MRMUM BUILDING SETBACK LINES: d' ~S37.29'47-°WJ
ZONE R-J z / 324 ~l N
FRONT YARD: 25 FEET t \ ~d* \ G'~ N43.39'30'E I 1 SIDE YARD: 8 FEET I i 1 1 153677 \ \ \ a 7 - _ -112.27 - 7- 77_ 49.0 Cx77.58 I H
REAR YARD: 20 FEET 51.24 / A 1112.27 a a I > ' O o o w
AN ADDITIONAL 8 FOOT SIDE YARD ADJACENT TO THE STREET 1 I N I m
15 REOUNTED FOR A CORNER LOT, W N6S(~ 1 V / L Y~ 1 - `274 / , X25' FRONT SEIBACNI N Igg -25 FRONT SEBACK/ 9. THE DEVELOPER RESERVES RIGHTS-OF-WAY AND EASEMENTS FOR WATER, C I /I o sE~AC / - / I O ' /PV•ti I ~ n n
GAS, SEWER, STORMWATER, ELECTRIC, TELEPHONE, AND CABLE TV / 1 l C) / I -10 \ 1 d 1 ~I
S Ip0- 1A I I I~ /1 1 rnl THERETO, ERVICES. OR 1H BENEFIT OF ALL APPURTENANCES NCPOWER AND onERS ax OVER. /I C) Iw i o /Eye' ' ,I to \ \ ~ / / I ~
AND ACROSS EACH LOT, 10'(FEET) IN WIDTH CONTIGUOUS WITH I~ ) ` / A 1 a 1 f I I° 1 \ V A 1 I I I° 1 .I
ALL STREET FRONTAGES AND ALL SIDE LINES AND 15(FEET) IN m ~p 1 mf WIDTH CONTIGUOUS WITH ALL REAR LOT IVES, AND SUCH OTHER ° I ,I 8 S'Dp F~ / U-p_(. 1 1 Lot 23 1 I I A 1 I ( \ V 1 r ~
EASEMENTS As MAY BE seowN won. (1 RJ v0~v _ ~n~dj v 20,108 SF. I I 1 I \
10. IRON PINS WILL BE SET AT EACH LOT CORNER AND CURVE POINT I ~36, 1 I I I I Lot 2~1 I I Lt2 Y A , 21 ' ° I 4 I I Lot T9 I~
UNLESS NOTED OTHERWISE. 172 3JL.71 568 50'30 E ` 19,805 S6. /l 2,834 6F r ; 1 l S4/F. tN
11. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. t~.~ \ 13"E \ --.,0- J ( I 1 Y~~1 N34'18' Lot 20 1 i I N 25.056 SF.
12. ALL LOTS SHALL ACCESS FROM INTERNAL STREETS. J 1 / / i 610 I I \I II l.. f 9. 'h H,, 19.775 Sr. _ I I oR
(NO LOT SHALL ACCESS OT OF NC 12) :o- 1 - Lot 7 t I I 1, If 1T b I'.,~} rnI r I I _
13. NO STRUCTURAL IMPROVEMENTS, INCLUDING POOLS, SHALL BE LOCATED 7O I 50,'30 - n t I 1~ ` 1 `'J it WITHIN THE SIDE YARD SETBACK AREA ALONG NC 12 (LOTS 1 and 29) 21,302 SF. N6 8 M10 _ W 1N t / / I I / `C, / U w~
!L'- 2a N4826'30'E E` _REg SETBACK L _ / ) 7 1 14. POill(INS S SOME LOGS MAY BE IN AREAS OF ENVIRONMENTAL CONCERN- - _ \
- - o 20_REAR SETRAGA RIND J ) / _
ON 7HESE LPOUTS MAY BE REQUIRED PRIOR TO ANY CONSTRUCTION - 249,44_ _ , rye 117.35' _ car Tt 5TR I T I a
15. DOMESTIC WATER SUPPLY VIA DARE COUNTY WATER DISTRIBUTION SYSTEM. _ - _ _ _ - 0 .1 113.32' ) t" _ - - m co
1 ^ -------1 t) i -317.74'------------ - 1 7.07' 25. 16. WASTEWATER DISPOSAL HA PRIVATE GIN-SITE SEP11C SYSTEMS. PARCEL 1 c'q 25.9 ' 112.20' 150.64 0 ~ H
17, AREA OF SMALLEST LOT : 16,881 sq. ft n h~ 1 1 I n I $Atl'26'30"y/ - - U ¦ - 4 S 43 0842' W 28&84'
AVERAGE LOT SIZE : 20,828 sq. N. , ^ I I Lot 6 1 I
i8 FILL AREA WATERWARD OF NWL: 22,307 sq. N. I1 O Lot 24' AVERAGE WATER DEPTH IN FILL AREA: 0.5 N 1 / 19,454 SF. 13I SURVEY LEGEND
yds. 1 N VOULME OF FILL AREA WATERWARD BENEATH NWT: 413 a. I I 1 _ 48'26'30"E - - 1 / 23,447 SF. 41 h - EX. PIPE z
19. 714E TWO EkTSTIN1C NUBILE HOMES SHALL BE REMOVED FROM THIS - - _ ~ - I 265.08, PROPERTY PRIOR TO FINAL PLAT RECORDATION. 1 - - - - _ - L/ 283.06'_ - EX. REBAR Y
O - REBAR SET w M
I h 1 J l 1 8' SIDE YARD - EX. CONC. MON. co ? - CONC. MON. SET co ~
DCN&D 5 ODEN ?R CG><WY CF DAB' A - EX. P/K NAIL a [.7 O
1 I~ h Lot 5 DANGc 41P EN etio A - P/K NAIL SET I 1 O ~~II
` I$( - SEWER SERVICE o MAW OPEN ORN etw I ® - WATER METER c
CNAaE518lS5FLL 1 /1 I"1 I - 19,678 SF. 11 ~ pq !v Alo Lot 25 `v a PHONE PEDESTAL
docruw I L/_I _ N487_ 6'30"E Q/ (y / 20,653 SF. 1.4 N~ - C.A.T.V. '
aeisaacE 71r 255 - 271_52' 1~ I - - / - r _ - - - _ S4#6'30°W UTILITY POLE VILLAW MARINA, ILC. - GUY WIRE W z v
I I \ FIRE HYDRANT I O O
C - ELECT. TRANS. MM LLJ
I 11 1 / v / ti° 1 a' SpE YARD SF7BA&_ APPROX. WATER DEPTH W O It (A V)
^111 1 Lo/t 4 (4-16-02)
I 18,153 SF. AREA TO BE FILLED z MF (WATERWARD OF MHWL) I a z
I 4 - - Lot 26 / !.llAt!?LIE
1 -7 _ 230.10' 20,612 SF. 61 280.28_ - \
DUV4LD S. O1DEN AP I F+~1 cd«
_ - \ \ - - - 48 Y6'30'1~y y I I I B SDE YARp std 454 r 46
i N1 ~I I I \ -7 6 / I I I1 -
W Lot 3 / Z
Z
o I 16,e61 SF. I v / Lot 27 vv / ly' W a I I 263 _ \ 1 21,147 SF, w L ~a
i Q ~Y i ^
3 1 ---_-223.61 J 1-_279.03----- l 1-_ i' r
--1-S26'30'Wr ry 611677A6 &W sev \ 5 A! row = w
- A rot - 1 a s s4rr~icc \ a
N35'S2'46'E l¶E~ U B' SIpE YARD SETBACJ( ~ x ~Z
Lot L ' I W y I/ i 1 i Z LLI
1 17,079 SF. i + N '3 1 \ Lot ( '28 i 1"
c', t Ri 1 N48'26' / 9 /,m _ N n / I \ I 1 1n 30'E 24113 SF. I I ! , ^
o =i tE 1 /
'2-~4 v L _Z56V8'_ LJ~ I 11 43- / COMMISSION NO.
I ,AVrMLn 3.55' _ _ , 4"xB"x10• WHALER P01132
FINAL FILL /
ti PI nr lI 18,194S I o \ `D }t S/4`x18'-TIE Ron - -,~-Fxr5nA66R2Am DESIGNED BY DAD D w1 i eE?ana? DRAWN BY
~1 Lot 29 1 i /
D SETBACK - - - - - fr ° o; 1 16_SDE YAR (COMER LO
Z7' 19,218 $F./ - - NNL _ / c v ,A6wm,ItK•8J S T) - n o 1 / a 045WSE44E681 eP DAD
° tEl 1pAR+j. T 241.34' eaT W/ WASHER CHECKED BY GALVANIZED TYPICAL JSL
aTnL - - -+6 $ -L _ saaK~CO - ISSUE DATE
w / 402.77 4/16/02
B-XB• RTTTxFiRAD rRASq qRm. nm c lrxlmL+T ,.T.,
~fcdstiA'v1'1M.. -''~145.55'_..~
~w
u _ SEE NOTE 12 g 13 N ~ ' ^ - = - _ 22.23 \91EATWNG LAPPED N. T. s. °55: IVE® Jnr,r~l nv. OR TONGUE AND GROOVE Y
m GRAPHIC SCALE ~L a euE~R EAS~uENr o SEE NOTE 12 R 13
~ m 0 25 w 100 200 APR 2 6 2002
COASTAL MANAGEMENT
n ELIZABETH CITY
IN FEET
I inch = 50 tL N DRAWING FILE: P01132CAMA
OF Z SHEETS
o PLOT SCALE: 1'=50'