20031139 Ver 1_COMPLETE FILE_20030910

wAT Michael F. Easley, Governor
F
0 /4
O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Cq Alan W. Klimek, P.E., Director
Division of Water Quality
C Coleen H. Sullins, Deputy Director
Division of Water Quality
October 6, 2003
DWQ# 03-1139
Dare County
Doris Fleming
P.O. Box 592
Hatteras, NC, 27943
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Fleming:
You have our approval, in accordance with the attached conditions, to place fill in 0.016 acre of estuarine waters in order to
replace an existing bulkhead on the Pamlico Sound at Lot 434 of the Brigands Bay Subdivision in Dare County, as described in your
application received by the Division of Water Quality on September 10, 2003. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal
Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval 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 and the additional
conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401
Certification has been completed;
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Tom Steffens in our Washington Regional Office at [phone] or Cyndi Karoly in our Central Office in
Raleigh at [phone].
Sincerely,}
'/Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Gary Price, P.O. Box 591, Avon, NC, 27915
031139

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Ai ?
? A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 8, 2003
03
MEMORANDUM:
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM
SUBJECT:
Applicant:
Project Location:
Doug Huggett
Major Permits Processing Coordinator
*1LAN%/401 cftp
SEP .i ty ZOU,?
#A? *TyW
CAMA/DREDGE & FILL Permit Application Review
Doris Fleming
Lot 434, 50178 Treasure Court, Brigands Bay Subdivision, Frisco, Dare
County, Pamlico Sound
Proposed Project: The replacement of an existing bulkhead structure along the shoreline of the
Pamlico Sound where the existing bulkhead structure is in imminent danger
of collapse and the existing residence is within 12 feet of the shoreline.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 29, 2003. If you have any questions regarding the proposed project, please
contact Dennis 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 U.S. it o ity, North
Phone: [phone] FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Doris Fleming
2 LOCATION OF PROJECT SITE: Lot 434, 50178 Treasure Court, Brigands Bay Subdivision,
Frisco, Dare County, Pamlico Sound
Photo Index - 2000: 173-2024, R-10; 1995: 172-1763, J-11; Photo Index : 5770 & 5771
State Plane Coordinates, X: 3015800;Y: 568000 GPS C081314A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 8, 2003
Was Applicant Present - yes
5. PROCESSING PROCEDURE: Application Received Complete - August 4, 2003;
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: Private
(E) Wastewater Treatment: Existing - septic tank; Planned - none
(F) Type of Structures: Existing - Single family residence & bulkhead
Planned -replacement of 70-ft of bulkhead
(G) Estimated Annual Rate of Erosion: none however, bulkhead is on verge of collapse
Source - Applicant's agent & visual from site inspection
7. HABITAT IMPACT DESCRIPTION [AREA]:
EXCAVATED FILLED(&/or GRADED) SHADING
(A) Coastal Wetlands
(B) Estuarine Waters 700 sf (0.016A)
(C) Upland / Coastal Shoreline 350 sf (0.008 A)*
(D) Total Area Disturbed: 1,050 sf (0.024 A)
(E) Primary Nursery Area: No
(F) Water Classification: SA; Open: no
8. PROJECT SUMMARY: This project involves the replacement of an existing bulkhead structure along the
shoreline of the Pamlico Sound where the existing bulkhead structure is in imminent danger of collapse
and the existing residence is within 12 feet of the shoreline. The property is located in Brigands Bay
Subdivision, Frisco, Dare County.
Doris Fleming, Dare County
FIELD INVESTIGATION REPORT Page 2
Project Setting
This project is proposed on property owned by Ms. Doris Fleming, currently of Frisco, NC.
According to the North Carolina General Warranty Deed, submitted with the application, the
proposed development site was owned jointly by Doris D. Fleming and her husband, Joseph L.
Fleming (recently deceased). The development site is located at lot 434, Treasure Court, Brigands
Bay Subdivision in Frisco, Dare County. The Brigands Bay Subdivision, located on the west side
of NC 12, includes several man-made canals that were excavated from land and waters that
connect to Brookes Creek, near the Pamlico Sound.
John T. Kyle (lot 435), and James B. Pittman (lot 433) are the owners of the adjacent riparian
properties. The shoreline of these lots have been stabilized with wooden bulkhead structures, and
these structures tie into the existing bulkhead on the Fleming property shoreline.
The Fleming site is a developed 8,400-sf lot, with 70-ft of shoreline, and an existing single-family
residence and wood bulkhead. This lot is situated at the west side of Treasure Court and fronts
directly on the Pamlico Sound. The lot is level and 5.7ft above the water surface at NWL. The
residence is located an average of 12-ft landward of the NWL, and the covered porch is
approximately 5-ft away from the NWL and the bulkhead alignment. Although the bulkhead
structure is still intact and has not actually failed, evidence exists that most of the tiebacks are
failing, and the backfill area directly adjacent to the wall is washing away. The soils on this lot are
sandy, and the lot is vegetated in upland yard grasses.
The water depth along the existing bulkhead is approximately 2.0-ft at NWL. The water depths at
a distance of 10-ft beyond the NWL are approximately the same depth. The Pamlico Sound is not
open to commercial shellfish harvest in this vicinity. The North Carolina Marine Fisheries and
Wildlife Resources Commissions classify the waters of the Pamlico Sound as `Coastal Waters'.
The Coastal Resources Commission (CRC) has designated these waters as `Areas of
Environmental Concern', and these include `Public Trust Area' and `Estuarine Waters'. The CRC
has also designated this shoreline vicinity as `Estuarine Shoreline', which includes a 30-ft wide
`Coastal Shoreline Buffer'.
A preliminary review of archaeological site data for this portion of Hatteras Island indicates that
there are several cultural resource sites in the Brigands Bay Subdivision and some appear to be in
the immediate vicinity of this proposed project.
Project Description
The applicant proposes to stabilize the entire 70-ft of shoreline of lot 434 with a wooden bulkhead
structure, and includes 15-ft long return walls along the property lines at both ends of the
bulkhead. The applicant proposes to set this new bulkhead an average distance of 10-ft waterward
of the existing bulkhead wall. The proposed bulkhead will be constructed of treated wood, and the
tieback area will be backfilled with sand from an off-site source. According to the permit
application, this alignment will result in the placement of 52-cy of fill material below the NWL.
The overall land disturbance associated with the proposed shoreline stabilization, including
wetland fill areas, and upland area tieback/backfill work, will be approximately an area 70-ft by
15-ft, about 1,050 sf. The proposed bulkhead alignment will place the shoreline approximately
25-ft from the existing structure and add protection to this residence.
Doris Fleming, Dare County
FIELD INVESTIGATION REPORT Page 3
Anticipated Impacts
The proposed bulkhead alignment will result in the filling of approximately 700-sf of Estuarine
Waters. The bulkhead structure, associated backfill, and grading activity associated with the
bulkhead installation will result in approximately 1,050-sf of land disturbance within the Coastal
Shoreline buffer.
The proposed shoreline stabilization and filling activity will result in an increase in turbidity
levels, at least temporarily during construction, along this shoreline. The existing residence is an
average of 12-ft from the shoreline, and is considered to be in danger from the possible collapse of
the existing bulkhead structure. The proposed bulkhead and associated filling activity will increase
this distance in most areas to a distance greater than 20-ft from the NWL, and will add protection
to both the residence and the shoreline property. The proposed alignment, I believe is warranted
and I believe consistent with or rules concerning bulkhead alignments beyond the normal water
level. Once the bulkhead has been constructed and the backfill area has been vegetated and
stabilized, turbidity that might have been associated with the erosion of this shoreline area may be
reduced.
The proposed bulkhead structure will not interfere with any adjacent riparian access or navigation
concerns associated with the use of these waters. No other development located within any
Estuarine Shoreline, Estuarine Waters, or Public Trust Areas are proposed in this permit
application.
An inspection of mapping data on cultural resources revealed that several archaeological, or
cultural resource findings had been recorded on the available maps in the vicinity of this project.
A review of archaeological site data for this portion of Hatteras Island indicates that there are
several cultural resource sites in the immediate vicinity of Brigands Bay Subdivision, and are
identified near or perhaps, on this property. It is important to note that these maps have not been
updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. The
discovery of additional cultural or historical resources is possible.
Submitted by: Dennis W. Hawthorn
Date: September 2003

Development Type FEE
1. Private, non-commercial
development that does not Involve S250
the Piling or excavation of any
wetlands or open water areas:
11, Public or commercial development
that does not involve the filling or 5400
excavation of any wetlands or open
water areas:
Ill. For development that involves the
oiling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if & B, C, or D
lies:
below app
III(A). For Private, non-commercial
development, if General water Quality $250
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality 5400
Certification No.3301 (sea attached)
can be applied:-'--..

III(C). if General Water Quality
tlon No. 3301 (see attached)
ih
ca
Cert
could be applied, but DCM staff e
` determined that additional review and $400
written DWQ concurrence Is needed
because of concerns rQJatdd to water
ZtuaUtyor"Walic4 t:
III(D), if General Water Quality
Certification No. 3301 (see attached) S400
i can not be applied:
IV. For development that involves
the Ailing and/or excavation of more 547°
than one acre of wetlands and/or
open water areas:
t
DCM % DWQ %
A35100093 1625 6253 (24300 1602 435100095 234
100%($250) 0% (SO)
100% (5400) M 0%(50)
100%($250) 0% (SO)
100%($400) M 0% (SO)
60% (5240) 40%($160)
50%(S240) M 40% (5160)
60% (S265) 40% (519D)
Form DCM-MP-1
APPLICATION
CTo be completed by all applicants)
b. City, town, community or landmark
- Fi??s[L7
1. APPLICANT
a. Landowner:
Name LDRI-S FLIMMX16
Address Ir D, IL,' 552
City 141J77D4s State NC
zip 2MY Day Phone
Fax
b. Authorized Agent:
Name 6dRY PR/CC-
Address 37 BOX 5-9l
City
,dXX State /1K
Zip 2771S" Day Phone Z-52-975-'4gZ)S
Fax 252- 995.SSB0
c. Project name (if any) N//
NOTE: Perms will be !sued in name of landowner(s), and/or
project name,
2. LOCATION OF PROPOSED
PROJECT
a. County LIARlc
c. Street address or secondary road number
50/7B TIZE4Sl?C.r.
d. Is proposed work within city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) /°aIW11'4 -51"1-0
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.

b. Is the proposed activity maintenance of an existing
project, new work, or both? M,61 C17eWdNCE
c. Will the project be for public, private or commercial
use? PR/HIV-Z
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.
roc; rtooD,?e S7291W
P OTECT/dV • L-L-2 ??(/SC-
FYIefA,,4N/ -AMWU4! Ll1EU2
COASTAL MANAGEMEN-i
ELI, AR-ETH CITY
D ..,:...1 ni/6G
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 8 YCD
b. Size of individual lot(s) N14
c. Approximate elevation of tract above MHW or
NWL S.9
d. Soil type(s) and texture(s) of tract
SAND
e. Veeetation on tract LAWN G2dE
f. Man-made features now on tract
. RESJ DEN W
g, What is the CAMA Land Use Plan land
classification of the site? (Consult the local rand use plan.)
.? Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R? i t n ?.t T//1 /
i. Is the proposed project consistent with the applicable
zoning? V Yes No
(Attach zoning compliance cerrii icate, if applicable)
j, Has a professional archaeological ases Not been
done for the tract? Yes
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 No U)VKNUIUA/
1. Are there wetlands on the site? Yes _ No
Coastal (marsh) .? Other
If yes, has a delineation been conducted?
(Anoch documentation, if available)
m. Describe existing wastewater treatment facilities.
PRJVLJ TE
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.)
-5UkFl1CE J?UA/DFF
o. Describe existing drinking water supply source.
CDUNT Y
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.
0 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 must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCNI-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name J0VN T. KYLE
Address P0. BOX SU6
Phone HUX)VAh 4XJ Z.7gZD
Name S/4MeY B, ) P/77i14,4N
Address 2037 T?IORPS?!/R'C'D2.
Phone RULE/E„1/, 41r, Z'7G/ S
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.
PERM/ T # 2UUZ- /176
FERN/T # 3 2 793 .Gl
• 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 Z9 day of V _Z03
Print Name GdkY PRICE
Signature
Landowner "horized agent
Please indicate attachments pertaining to your proposed
project.
?DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
- DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
IV
cc?ra ,',, ^AANr-?GEMEN1'
F TH CITY
Revised 03!95
Form DCM-MP-2
EXCAVATION
FILL
AND
(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
Other
(Excluding
sho reline
stabilization)

'
;• ?. t? ,
irk<i:5x::•.YR` <"
IRMI

?•r?`??ry?Fv?y. Fri:?•}

1. EXCAVATION N/4
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 N10
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?
4
tvj c,f,? C TMENT
F :'t.t
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 horeline stabilization
Bulkhead Riprap
b. Length 70".
c. Average distance waterward of MHW or NWL
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
d. Maximum distance waterward of MHW or NWL
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled?
A1114 Bl/Lellzx21 e ZAu// -
(Source of information)
f. Type of bulkhead or riprap material
W0010 b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
b Amount of fill in cubic yards to be placed below dredge)? 4,fK02)t s DC/iSIP j/CUl C
water level 13
(1) Riprap N/A
(2) Bulkhead backfill 5Z
c. Will wetlands be crDssed in transporting equipment
h. Type of fill material _ 4AID to project site? Yes _/ No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material UFL/?/I/? DFF S/T?
4. OTHER FILL ACTIVITIES N14 DORI-S D. FZcMiAl1
Applicant Project Name
(Excluding Shoreline Stabilization)
or J .1
a. Will fill material be brought to site? 2L-LL--?
Yes No Date
Revised 03/95
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TREASURE COURT PAVED ROAD 50'R/W
MB 6, PAGE 59
--- --- --- --- ----
MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WQ Supervisor: Roger Thorp
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Doris Fleming County Dare
Project Number 03 1139 County2
Recvd From DCM Region Washington
Received Date 9/10/03 Recvd By Region
Project Type replacement of bulkhead
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
CAMA waters &O Y O N ?- 30-22 SA HQW X30-,15-5 0.02 F- F-
F-10Y ON IF—
-Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y O N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1