19860016 Ver 1_COMPLETE FILE_19860515

t ?.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
B.
Comments concerning an application for State Federal CAMA Permit(s) from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the.proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a.result of.the proposed activity after a reason
able opportunity for dilution and mixture.
CERTIFICATION STATUS:
Certification is not required.
for this project.
X,, Certification is required for
B)
A) No. 1179 issued on January 25,; D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
this project. Such action to:
process the certification has
been initiated. Proposed
Certification wil be cted on
or after t? •1'dCtC p./.`
The proposed project is certified.
under General Certification
C)
No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 8, 1986
SUBJECT: File No. SAWC086-N-028-0208
Mr. Bernice J. Ballance
Post Office Box 69
Buxton, North Carolina 27920
Dear Mr. Ballance:
RECFSV
E0
`1 UL 14 1986
WATER QVAUTY
OPERATIONS BOASEC
NCOj
Reference your application for a Department of the Army permit
to place riprap material along the shoreline of the Pamlico Sound,
Buxton, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in 'a violation of
Federal law.
. 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. Hugh Heine,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. William Mills
Water Quality Section
Division of Environmental
Management
? North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
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Pe ass Permit Number
New' STATE OF NORTH CAROLINA 112-86
Department of Natural Kesej_.d Community Development
A .'i..,
S ?
® Malot::?7e?elap?tf ntid., _ fCronmental
Concern-pmuant to.
F ExcavatioirssytLir?f' gPr4s1?i to NCGS 113-229
Issued to Bernice J. Ballance, P. 0. Box 69, Buxton, NC 27920
authorizing development in Dare County at Pamlico Sound and Bernice Creek
near Buxton as requested in the permittee's application dated 3/5/86 including
attached plat dated modified by DCM 5/29/86.
This permit, issued on 6 ` ?7 ? / t 8b , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) No riprap material will be placed closer than 75 feet north of the existing
pier on the western side of Bernice's Creek. Concrete, scrap material,
and other debris presently in this area will be removed and the shoreline
restored to its natural state.
(2) The riprap material, as shown in the plans, will be placed immediately
waterward of the existing border of Juncus roemerianus, Spartina patens,
and Spartina alterniflora marsh. The riprap -material wiTT -Fe placce to
fol low: tFe mars contour and will not extend farther than 6 feet waterward
of the marsh.
(3) The riprap material will be placed at an elevation so as not to impair
water flow into or out of the adjacent marsh areas.
(4) The riprap material will be clean and free of any pollutants, except in
trace quantities. Metal products, organic materials, or unsightly debris
will not be used.
e
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1989
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David V. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Q1
Be nice J. Ballance
ADDITIONAL CONDITIONS
Permit #112-86
Pafe 2 of 2
(5) The riprap material will be of sufficient size to prevent its movement
offsite by wave or current action.
(6) Vegetated wetlands will not be excavated or filled.
(7) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge.
NOTE: The permittee and/or his contractor is urged to meet with representatives
of the Division of Coastal Management and/or the Army Corps of Engineers
prior to project initiation.
NOTE: Section 401 Water Quality Certification No. 1919 was issued on May 20,
1986 for this project by the Division of Environmental Management.
a- D
WON
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AP<'LICAT ?? x'19 CA
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OVALS CERTIFICATION
EASEMENT IN LANDS COVERED By WATER CAMA PERMIT FOR MAIOR DEVIKUN A W
Dyrttoertt of IM AMW
p?tertwtt of AlotMiMtratlott Swa of Nortlt p:arrMMu CerMof EfrMtaere.
scat) CeniroiMlW Devele0to WNrokweo ohm"
(GS 146,121 Deprtment of Natural Iteuti icu
(GS 113-229.14}213.31al(1).143-213.3(01. 111A•1Is 133 CSR 209,320.3291
Pkase type or print and fill in all blanks, If information is not appllcaW- so indicate by piackq NIA lot auilit•
1. Applicant Information
A. Nance Las First Middle
8. Address
Street, P. O. Box 3-u Route
Mate up I-00C
City nr Town
11. Location of Proposed Project:
A. CountyC
B. 1. City, town, community or landmark ?`k C
2. Is proposed work within city limits! Yew No
C. Creek, river, sound or bay upon which project is located of neatest named body of water to project
111 Oescription of Project
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
-
1. Access channel t -length width _depth
2. Boat basin's ??cn? `•' fit' r`?'z1ength width.. -depth
3. Fill area lengthwidth.depth -
4. Other length width-- depth
t ? l
C. 1. Bulkhead length ?C Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) 4?c c V?G Cr?C ?C.
0. Excavated material (total for prolect)
1. Cubic yards 2. Type of material
E, Fill material to be ol.ced belowiMHW (see also VI A)
1. Cubic yards r?i....?---2. Type of material 1z-* \' C? ?E' CC'i'° S
IV. Lard Type, Disposal Area, and Construction Equipment
A. Does the area to be excavated include any marshiand, swamps or other wetland' Yes No ?.?
B. Does the disposal area include any marshland, swamps or other wetland' Yes 3 No
C. Disposal Area
3-Ri3
1. Location s7?C'C `" 1? Ci C \?C? s
2, Do you claim title to disposal area!,' -
0. Fill material srrwse If fill is to be trussed in ?.
E. Now will excavated material be entrapped and erosion sonUulled' %my CA fst'•4
r a - \ ?'--
F. Type of equipment to he used
G. Will_marshland he crossed in transporUnll equipment to prolect sitelI ll yes, expltin
D,1111f4il
111- .wn.
!I
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V. hanod ure of f4eiaet Awe (OnafMO)
A. 1. fMt?ata
1 ?tfa) .`r iii a lz? ? r ?
Housing at, lnAUM N
Odter? ?t,•?.?>,?4.
?
L 1. Lot sloe(s) S??rta, ?h?, SCiCSf
t Ekwaden of lock) abae van M(O water
3. SOU type and tntm d`
4. Type of building facilans or structures
S. Sewap ditoosal andlor waste water treatment A. Existiral Planned
'
8. Describe 1V Z\1
6. Land Clasufieatim (circle one) DEVELOR- TRANSt l'ifiNA.. COMMUNITY RURAL
CONSERVAT THhR (See CAMA Local Land Um Plan Synopsis)
VL hRaining to Fill and water Quality .
A. pots the proposed project .rvolve tha placement of fill n,ateriatss heluw r,iean ;ngh water? Yes No
L 1. Will any runoff or discharge enter adiacent water%u a result of protect activity or planned use of the
area following protect co )coon, Yes-140 _
a`
2. Type of discharge
3. Location of discharge
VIL Ott rats of shoreline erosion Iif known):
VIII. Litt permit mmnben and issue dates of p "vitus Department of Army Corp of Ettpneeals or State permtih for
WWII in pn*wt area, V aiopficable: \M
IX. La 416 of time required to cornpiea Woicet: -
X. le addldon to the comoleted sooliratfon ferns, the followiq item must be provided:
A. Attach a co" of the did (with State sopikation only) or other insuumsnt ursdsr which applicant
claims title to the affected property. OR if 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 claim. title plus written
permission from the owner to carry out the oroiect on his land.
L Attach an accurate work plat drawn to scale on 8`h X 11" white paw (see instrucuon booklet for
details). Note: Original drawings preferred • only high quality copies accepted.
C. A copy of the application and plat must be served upon adiacenl riparian landowners by legislated or
certified mail or by puolication (G.S. 113.229 (d))Enter crate served aN
D. List names and complete addresses of the nowlan landowners with orooerty adioining applicant's.
Such owners have 30 davs in which to submit comment to atenctes lisle ow.
XL Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinak approved coastal manatement oropam and will be conducted in a
manna consistent with such program.
XIL Any permit issued pursuant to this application will allow only the develooment described in this appli
cation and plat. Aoolicants should therefore describe in the aoplication and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
\\ Applicant's Signature
tllll<?? SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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RECEIVED
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor May 20, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Ms. Bernice Ballance
P.O. Box 69
Buxton, NC 27920
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Rip-rap of Shoreline
Pamlico Sound
Bernice Ballance
Dare County
Dear Ms. Ballance:.
Attached hereto are two (2) copies of Certification No. 1919
issued to Ms. Bernice Ballance dated May 20, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r
ems. ;,
i
NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Ms. Bernice Ballance
pursuant to an application filed on the 20th day of March, 1986 to
place rip-rap along shoreline of Pamlico Sound.
The Application provides adequate assurance that the discharge of
rip-rap material into a wetlands area adjacent to the waters of Pamlico
Sound in conjunction with the proposed shoreline stabilization project
in Dare County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the rip-rap material be clean and free of
any toxic residues.
3. That the rip-rap material be of such size as to
not be washed away by wave or tidal actions.
violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 20th day of May, 1986.
DIVISION OF ENvnnz=AL MANAGEMENT
Original Signed By
William C. Mills
For
R. Paul Wilms, Director
WQC# 1919
stare „
(7
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor May 20, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Ms. Bernice Ballance
P.O. Box 69
Buxton, NC 27920
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Rip-rap of Shoreline
Pamlico Sound
Bernice Ballance
Dare County
Dear Ms. Ballance:
Attached hereto are two (2) copies of Certification No. 1919
issued to Ms. Bernice Ballance dated May 20, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
FoR. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
f

NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Enviropmental Management
Regulations in 15 NCAC 2H, Section .0500 to Ms. Bernice Ballance
pursuant to an application filed on the 20th day of March, 1986 to
place rip-rap along shoreline of Pamlico Sound.
The Application provides adequate assurance that the discharge of
rip-rap material into a wetlands area adjacent to the waters of Pamlico
Sound in conjunction with the proposed shoreline stabilization project
in Dare County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU`s or less
are not considered significant).
2. That the rip-rap material be clean and free of
any toxic residues.
3. That the rip-rap material be of such size as to
not be washed away by wave or tidal actions.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall became null and void unless the above
conditions are made conditions of the Feder4L1 Permit.
This the 20th day of May, 1986.
DIVISION OF ENVIRONMENTAL MANAGR'MT
Original Signed By
William C. Mills
For
R. Paul Wilms, Director
WQC# 1919

V
K1.. t 1 i A DF/ CAMA/ 401 REV DATE G4/ 11/86
ACTION .1::!.: ;'It...E: !.: !' •.:A,iA •. } (`..W..: '' ..Ri•'ii"1r ) l'•.i. , t.:Ai•1it NEXT Rl... .....
ACI.t.iJN AD D. ENTER THE DATA TO BE STORED F RD DATA
t.•I.i. r;r,;.t,.:. O.! B'-''L_1...+"'tl`;Ci::.: .:ii::. :'-.N:i:l.:I:: . COUNTY: . .:,,i4{: :. REGION: .. i
ASSIGN ED TO: i:...! . , O.!. i •; i NOTICE:
TYPE t.: ,... RI .i. , .i. , ON '. RECOMMENDATION Dm i 07 . i 1 : i ..
404 PN: 401 REQ: Y ISSUE: RECEIVED: 86040''
CAMA ONLY: GC: DENY: INITIAL REPORT:
D1° /CAi'1A : Y GC: HOLD: FINAL REPORT: 86040i
RECEIVING ST REAM: PAMLICO SOUND CLASS: SA BA SIN: TAI:..'
COMMENTS:
COMMERCIAL P ROPERTY LOCATED AD...; r KENT TO PAMi...ICO SOUND IN BUXTOo

. f i
TO
PROPOSAL
..,._..Cr... 500 • . OF ROC
1...1
r",
K RIP
RAP BREAKWATER f ?l
i...(:1i'•:f.

FOR ::.fil.t .
:, SHORE

I.
PROTECTIO
APPROX. 3000 N
F1 OF SHALLOW W
ATER
WILL BE FILLED
COPIES: (,: ARO.. ..Ci:::NTRf':1L......fii:I:1..,i.. S....W(:1OD
RECEIVED
APR 14 1986
MATER QUALITY SECTION!
OPERATIONS BRANCH

a

MEMORANDUM
TO: BILL MOORE
FROM: George H. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge
and Fill Permit
DATE: March 28, 1986
tell
V VI;'
Attached is an application by BERNICE BALLANCE
which was received,'by me on 3/20/86 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions,.do not hesitate to contact me.

MEMORANDUM
TO: BILL MOORE
FROM: George H. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge
and Fill Permit
DATE: March 28, 1986
Attached is an application by BERNICE BALLANCE
which was received by me on 3/20/86 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions, do not hesitate to contact me.

OFFICE OF COASTAL MAVAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name BERNICE BALLANCE
2. Location of project s ite Pamlico Sound at Buxton, Pilot House Restaurant
84 photo # 145-392 K&L 7&8
3. Investigation type: Dredge 6 Fill X CAMA X
4. Investigative procedu re: (A) Dates of site visit 3/5/86 3/19/86
(B) Was applicant present yes Yes
?r
r
5. Processing procedure: Application received' 3/20/86 Office Elizabeth City
6. Site description: (A) Local Land Use Plan Dare
Land classification from LUP transitio n
Development constraints identified in LUP none
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters X
Estuarine waters y Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Privnte CommercialRestaurant-ShorPlinr
(E) Type of waste water treatment: Existing Septic tank and erosion control
Planned rain field
(E) Type of structures: Existing Restaurant
Planned
(G) Estimated annual rate of erosion 6' Source applicant
7. '-Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
(B) Non-vegetated wetlands:
Shallow water
(C) Other:
3.000 sq. ft_
(D) Total area disturbed: 3,000 square feet
8. Project summary The applicant proposes to plara rnrk rip yarn in the water areund
the edge of the marsh to prevent undermining anti arncinn

BERNICE BALLANCE
BIO REPORT
PAGE 2
PROJECT DESCRIPTION
The applicant owns commercial property on the Pamlico Sound near Buxton.
A boat basin was dug years ago in Bernice's Creek and the spoil placed to the west
which now supports a restaurant (Pilot House). The basin has docks which serve
commercial fishermen. The northern edge of the property grades from the 8 foot
high filled area to a low 10 to 15 wide border of Juncus roemerianus, Spartina
patens and alterniflora marsh. Early this year, the applicant placed rock rip
rap on the marsh along 120 feet on the eastern edge. This rip rap has been
removed and the area restored.
The applicant proposes to protect th
eroding at six feet per year) by placing
water along the marsh edge. This rip rap
extend no higher than the adjacent marsh
shoreline.
e eroding marsh (which he reports is
a low rock rip rap breakwater in the
breakwater will be six feet wide and
substrate and surround the 500 foot long
ANTICIPATED IMPACTS
The placement of the rip rap will result in the filling of 3,000 square feet
of productive shallow water habitat of Pamlico Sound. However, the rip rap will
protect a border of productive marsh while providing a heterogeneity of habitat.
Some short term localized increases of turbidity can be expected but can be mitigated
by using rip rap free from pollutants (except in trace quantities) including hydro-
carbons and sediment. The rip rap must be of sufficient size to prevent its movement
offsite by wave or current activity.
CAMA REVIEW
The project site is classified as transition in the Dare County LUP. The
project is consistent with that plan.
Submitted by George H. Wood Date March 28, 1986
t a
PERMIT TO EXCAVATE ANO/OR FILL
FOR
RLil AU
WMP now
' x"19 cA
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR (MAJOR DEVELOPMENT
Deoarti mm of AMrMrMtratbn Stan of North Carolina Department or dW Array
IGS 146-121 Deoartnrent of Natural Resaurtsea and CeiMmunlty DeveleonierA corps of Errlrwra, W906*11ert 069"
(GS 113.229, 143.213.3(al(1). 143.213.3(c). 113A•113 (33 CFA 209.320.329)
Please type at print and fill in all blanks If information Is not applicable, so indicate by plaaq NIA M dank.
1. Applicant Information
A. Nance First Middle
Las
B. Address
Street P. O. Box or Route ^
City ,)r Town State Zip Code Phone
IL Location of Proposed Project:
A. County ??C Q ?-
B. 1. City, town, community or landmark n
2. Is proposed work within city limits? Yes-I No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
IIL Denription of Proiect
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length _width depth
2. Boat basin am*w&nkk4 rlength?widthdepth
3. Fill area length. width depth
4. Other length width depth
I
C. 1. Bulkhead length _ Average distance waterwar0 of MHW (shoreline)
2. Type of bulkhead construction (material) ?C3`t?CC ?2'Cz C
0. Excavated material (total for protect)
1. Cubic yards 2. Type of material.
E. Fill material to be placed belollA w HW (see also VI A)
1. Cubic yards a 2. Type of material `Aar T??C?' • C4C?
IV. Land Type, Disposal Area, and Construction Equipment
A. Does the area tu be excavated include any msrshland, swamps or other wetland' Yes No
B. Does the dispnwl area include any mannland, swamps or iriher wetland" Yes y No
C. Disposal Area \
C,1n nc s? ? n Cc C \`?R4 Q i? `(1l°.\L?Q+ . ?i?, t Q(1
1. Location \.C\
- - ? ?
2• Do you claim title to disoosal area! ?e ?,?
D. Fill material s..uice of fill is to be trucked in
E. How will cxuvated material be entrapped and erosion controlled" s
.1
F. Type of equipment to he used
G. Will marshland he crossed in tramportin `quipment to project site ; If yes, expltin \ u
Oi?-1111
Rev. 10178
f
V. banod tore of Pf Apo (0=911hill)
A. 1. Prfvetae
2 Cam,"
1 Heuifte Devdoennemt of Inmdumitil
L OthW
?',. S??r? ire= S?f
bl. ?. LOe tia.(l) ?..
2 Ekiiatlon of lads) abmv M" high watr_
& SON type and texttm
4. Type of building facilities or structures
S. Sewap disposal andlor waste water treatment A. Exisurl Planned
f!: Describe
6. (.acrd Classification (circle wmrl DEVELOPf. TRA'v1i ClUha;. COMMUNITY RURAL
CONSERVATI THLR ?.. (See CAMA Local Land Use Platt Synook)
VL PW&Wning tar Fill and Water Quality.
A. Opel the proposed orolect X.Volve the olacement of rail materiams below !"ean'%i$h water) Yss-k to
L 1. Will any runoff or discharge enter adjacent waters as a result of protect activity or planned ust of the
area following protect canplettion? Yes-No?
2 Type of discharge
3. Location of discharge
VOL fttllleftt rate of shoreline erosion ii+ known). --
VOL L.bt prno t numbers and issue dates of p pus Department of Army Corp of Enoneets or State Permits for
. VWk in project area, if applicable: \\1
IX. LatO of time required to complete prefect: \Akti S$
X. Itt eddid , to the cotmpleted aoolk-Won form, the fadowiimq items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 claimb title plus written
permission from the owner to carry out the protect on his land.
L Attach an accurate work plat drawn to scale on 8'/m X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only h,gh quality copies accepted.
C A copy of the a0piscation and plat must be served uoon adiacent riparian landowners by tegistered of
certified mail or by putilication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with orooerty adjoining applicant's.
Such owners have 30 davs in which to submit comments to agencies liste
er. ear C% ? -+40 ? \a V" -sun VN \. _ ` ...i 1 ? L'
XL CArld icatien requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carohna?s approved coastal manatement propam and will be conducted. in a
Manner consistent with such program.
XIL, Any permit issued pursuant to chit aoolication will allow only the development described in this appli
Cation and plat. Aoolicants should therefore describe in the aoalication and plat all anticipated devei-
opnent activities, including construction, excavation, filling, and land clearint.
DATE .5 V??Vztc'
Aisolicant's Signature
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Joint Public Notice
:r
NOTICE OF FILING OF
APPLICATION FOR CANA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
Pursuant to NCGS 113A-119(b) and 143-215 3(a)(1)(c), the Department of
Natural Resources and Community Development hereby.gives Public`Notice that
BERNICE J. BALLANCE . of Buxton, Dare County filed an appli-
cation on March 20, 1986 for a permit from the Office of Coastal Manage-
ment:to develop in an Area of Environmental Concern and for Certification from
the Division of Environmental Management that a discharge of fill material in
project wetlands will.not violate appllcable.Water Quality Standards. '
According.to said application, applicant proposes ot* place 500
linear feet of rock rip rap.breakwater along shoreline of Pamlico Sound
at his property in Buxton in Dare County, N.C.

A copy of the entire application and additional information may be ex-
amined (or copies furnished, upon payment of reproduction costs) during normal-
business hours at the office of George H. Wood , Office of Coastal Manage-
ment, 108 South Water Street, Elizabeth City, NC 27909 and/or the Division of
Environmental Management, Washington Regional Office.
The Division of Environmental Management proposes to'take final action
on this Water Quality Certification on or after May. 15, 1986
The issuance of the CAMA Major Development Permit and the Section 401
Certification may deviate from this projected date depending upon the nature of
the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should so do in writing to
Mr. Dave Owens, Director, Office of Coastal Management, P. 0. Box 27687, Raleigh,
NC 27611 prior to May 5, 1986 (15 days) for consideration under the
CAMA Permit decision, and to Mr. Wi.11 am Mills, ',,. , Division of Environmental
Management, P. 0. Box 27687, Raleigh, NC 27611 prior to May 5, 1986
for consideration under the Water Quality Certification decision.
41
SIAQ
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
)aches G. Martin, Governor S. Thomas Rhodes, Secretary
Field Services
108 South Water Street
Elizabeth City, N. C. 27909
1919) 338-1558
April 15, 1986
The Coastland Times
P. 0. Box 428
Manteo, North Carolina 27954
Gentlemen:
Please 'include the enclosed Notice(s) of Filing in the
Public Notice,:section of the April 20 edition
of your newspaper. If it will not be possible to include
these notices in that edition, or if you.should have any
questions about these notices, please call me as soon as possible
at [phone].
The State Office of Budget and Management requires an Affi-
davit of Publication prior to payment for newspaper advertising,
Please send these affidavits, copies of the published notices,
and the bill to Christie Flynn, Division of Coastal Management,
Department of Natural Resources and Community Development,
P. 0. Box 27687, Raleigh, North Carolina 27611.
Thank you.
Sincerely,
George H. Wood
Field Consultant
P.O. Boa 27687,1lakfgh, North Grohna 27611-7687 Tekphone 919.733.4981
An Eqt al•Opponunity / Afflon. r Action Ernployer
41
• ., EP RTMENT OF THE ARMY
WILM NGT N DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGION, NORTH CAROLINA 28402.1890
May 6, 1986
IN HEFLY HEFEH TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-028-0208
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Mr. Bernice Ballance for a
Department of the Army permit to place riprap material along the
shoreline of Pamlico Sound, Buxton, 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:
a. No riprap material will be placed closer than 75 feet
north of the existing pier on the western side of Bernices Creek.
Concrete, scrap material, and other debris presently in this area
will be removed and the shoreline restored to its natural state.
b. The riprap material, as shown in the plans, will be placed
immediately waterward of the existing border of Juncus
roemerianus, Spartina patens, and Spartina alterniflora marsh.
The riprap material will be placed to follow the marsh contour and
will not extend farther than 6 feet waterward of the marsh.
c. The riprap material will be placed at an elevation so as
not to impair water flow into or out of the adjacent marsh areas.
d. The riprap material will be clean and free of any
pollutants except in trace quantities. Metal products, organic
materials, or unsightly debris will not be used.
b
+ -2-

e. The riprap material will be of sufficient size to prevent
its movement offsite by wave or current action.
f. Vegetated wetlands will not be filled.
g. The activity will be conducted in such.a manner as to
prevent a significant increase in turbidity outside the area of
construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU-s or less are not
considered significant.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
?l
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 1, 1986
SUBJECT: File No. SAWC086-N-028-0208
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Mr. Bernice Ballance for a
Department of the Army permit and a State Water Quality
Certification to place riprap material along the shoreline of
Pamlico Sound adjacent to his property in Buxton, 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by May 30, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Vas W. H lis
, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-768:7
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
r(?.ULI V LIJ %
NP( - is N,
A"LICAT ,?- 0 x"19 CA
l
FOR ?Sgl?C'0 Co-IV-Oag- p'7.v ?
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTtf (CATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPIMEM
Depeetnseiit of AlniMiWratlon seam of Noah CarsIlIM Departnime of dw Antsy
(GS 146,121 DeUartmerit of Naturd Resin %" aw0 Community Dewkwomnt Cwfrio/ Etiew'" s, wltmbom oMAe1
(GS 113-229,143-215.31190). 113.21S.34), 113A•118 (33 CFR 209.320.3291
/Mace type or print and fill in all blanks. If information is not applicable. so indicate by Plw ql NIA in blaetk.
1. Applicant Information t C
A. Name \ First Middle
Las
B. Address `[.?•r•k ?a
Street P. 0. Box or Route
Litv ar Town State Zip Code Phone
11. Locution of Proposed Proiscu
A. County
L 1. City, town, community or landmark
No
2. Is proposed work within city limits? Yes--"No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
?WA
III. Description of Project
A. 1. Maintenance of existing project 2. New work y ?•?•?•?-?
B. Purpose of excavation or till
1. Access channel lenSth_?width depth
?_.. .?...L..?..?,
?, Boat basin`(t? SllengthCIW- width depth
3. Fill area length ?.?.?width depth
4. Other length width depth
C. 1. Bulkhead length Average distance waterwar`d of MHW (shcrei+nel
°?LCttT?
2. Type of bulkhead construction (material)
0. Excavated material (total for project)
1. Cubic yards ._lI 2. Type of material
E. Fill material to be ol•ced below HW (see also VI Al
1. Cubic yards 2. Type oI material nc\r ??? vzSCN_Vs
IV. Laind Type. Disposal Area. and Construction Equipment A. Does the area to be excavated include any marshiand. swamps or other wetland.' Yes _ No
B. Does the disposal area include any marshland. swamps or other wetland' Yes y No
C. Disposal Area C,
1. Locatinn?C\hcv tn•u CZCr\?S\ s , ? F'-- tc? t?.??'n(1
2. Do you claim title to disposal area, 0. fill raterial siowce if till is to be trti0ed in
E. Now will excavated malcr\ul be enuapped and
__ ..?. ?.. .??r?? \ •irr C ,ct..1V •n? erosion
I' , r\, r r. J 1?\Qt??\ \1;: C\Y Y?\. ?:.: ti\(\\1G h C`t '.f
c\Ac.c
F. Type of equipment to he used J s
G. Will marshland he crossed in transporting equipment to prolert site? If yes, expl in
tc
Off?1 ?
Rev. 10178

?
V.. Iltomw Nnr of ?r?ioct Anaa m"Cisiol
A. 1. P?It?w_.... ..,..?
I Cottttna?-t ?^ ??``c
A Ftou&* Oeveiooirseret or ttsdtrseriei
4. OdMr - S`tictic it ??
14
a. 1. Lot gags) ??1C<t + \hC? . SC?f
2 EMatlan of lot(s) abaiiit moan h wsttr ?t - -
S. Sall typo and txttttm
4. Typo of building facilities or urnctures
S. Sewage disposal andX/or waste water treatment A. Existir.R...,?`?,,, Planned
It. Describe - `"
IL Land Classification (circle one) DEVELOPS TRAwS? r1Uh•4;, COMMUNITY RURAL
CONSERVATI i THLR ..... (See CAMA Local Land Um Am Synagog)
VL httaining to Fill and water Quality.
A. Does the Prooosed project :revolve tht placement of fill matariab helow r.9eaii,!ii3h water? Yes?No.?,.?
L 1. Will any runoff W discharge enter adjacent watersas a result of oroiect activity or planned u" of the
area following protect c r1 letjon) Yes?..N?
2 Type of discharge; ----
I Loeattat of discharge
VII. thsMOnt ratan of shoreline erosion lif known):
VOL List penrJt nuntben and isaw dates of prwi s Department of Army Corps of Engine or Sato permits for
ttarrlc M protect area,
13L Lmgdt of d iew required to comolete project. `A-V-1+ k5 _ .
x. IN addidew to the comoleted application form, the followirq items must be provided:
A. Attach a copy of the deed (with State application only) or other insuument under which appiti:ant
daiins tide to the affected property. OR If applicant is not claiming to be the owner of said property,
ikon forward a copy of the deed or other instrument under which the owner claimb title plus written
permission from the owner to carry out the project on his land.
R. Attach an accurate work plat drawn to scale on Il'b X 11" white paper (see insuut.uon booklet for
details). Note: Original drawings preferred • only h.Rh quality copie.. accepted.
C, A copy of the aoplication and On must he served upon adjacent riparian landowners by legisioritd or
certified mail or by ouClication (G.S. 113.229 (d))Enter date served (.
D. List names and complete addresses of the riparian landowners with orooerty adjoining applicant's.
Such owners have 30 davs in which to submit comments to aernues litre dew, crt
XL CatNkation requirement: 1 certify that to the best of ny knowledge, the proposed activity complies
with the State of North Carolinak approved coastal manaitement orotram and will be conducted in a
manner consistent with such program.
XIL Any permit issued pursuant to this application will allow only the development described to this appli
cation and plat. Apolicants should therefore describe in the application and plat all anttcjpated devei.
opment activities, including construction, excavation, filling, and land clearing.
OATt?'( .
Applicant's Signatiuti
.
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4W
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 1, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO86-N-028-0208
Mr. Bernice J. Ballance
Post Office Box 69
Buxton, North Carolina 27920
Dear Mr. Ballance:
RECEIVED
APR C 7 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received March 31, 1986, for a
Department of the Army permit to place rip rap material along the
shoreline of Pamlico Sound adjcent to your property in Buxton,
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 written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-028-0208 and will be coordinated by
Mr. Hugh Heine, telephone [phone]. He is available to
address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William 'Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. George Wood
Elizabeth City Regional Office,
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North, Carolina 27909