19870084 Ver 1_COMPLETE FILE_19880125

1
I
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
January 22, 1988
SUBJECT: File No. SAWC087-N-028-0529
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:
EC
MATER QUALITY GPERA7'l0NB f?
Reference the application of Eagle's Nest Bay Company,
represented by Mr. John Ferebee, Jr., for Department of the Army
authorization to excavate a channel and basin on Pamlico Sound,
Pea Island Resort Campground, Waves, 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. Excavation of the channel and basin will be accomplished
in strict accordance with drawings, Sheets Nos. 5 and 7, entitled
Dredging Plan - The Pea Island Resort, revised December 18, 1987.
b. The bulkhead, to be constructed south of the basin, will
be aligned landward of the normal water level (NWL) contour and
any vegetated wetlands. To prevent an unintentional violation of
this condition, representatives of the North Carolina Division of
Coastal Management and the Corps of Engineers will be available to
stake the alignment prior to construction.
c. The proposed elevated walkway adjacent the slough south of
the basin will be aligned landward of any wetlands.
d. In order to protect juvenile shrimp and fin fish, no
-2-

excavation will be permitted between the dates of April 1 and
September 30 of any year without the prior approval of the North
Carolina Division of Coastal Management.
e. All excavated materials will be confined landward of the
normal water level (NWL) elevation contour within adequate dikes
or other retaining structures to prevent spillover of solids into
any vegetated wetlands or surrounding waters.
f. The terminal end of the pipeline from the dredge into the
diked retention area will be positioned at or greater than 50 feet
from any part of the dike and at a maximum distance from spillways
to prevent dike erosion and to allow adequate settlement of
suspended solids.
g. A water control structure will be installed at the intake
end of the effluent pipe leading from the retention area in order
to ensure maximum settlement of suspended solids.
h. Flow from the diked retention area will be confined by
pipe, trough, or similar device to a point at or below the normal
water level (NWL) elevation contour to prevent gully erosion and
resultant unnecessary siltation.
i. No excavated or fill materials will be placed at any time
in any vegetated wetlands or waters of the State.
j. No wetland vegetation, to include any vascular submerged
vegetation, will be excavated or filled.
k. Excavation will not exceed 5 feet below the elevation of
normal water.
1. 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.
-3-

Questions or comments may be addressed to Ms. Alison Arnold,
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Dave Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
September 10, 1987
SUBJECT: File No. SAWC087-N-028-0529
RECEIVED
S LE ° 14 1987
Mr. John Ferebee, Jr.
Eagle's Nest Bay Company
Post Office Box 217
Rodanthe, North Carolina 27968
Dear Mr. Ferebee:
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 September 4, 1987, for a
Department of the Army permit to excavate a channel, canal and
basin on Pamlico Sound associated with Pea Island Resort
Campground, near Waves, 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, has been assigned No. SAWCO87-N-028-0529 and will be
coordinated by Ms. Alison Arnold. She is available to address
questions or comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, 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 27611-7687
Ys illiam Mills
Quality Section
ion of Environmental
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
Post Office Box 25039
Raleigh, North Carolina
Service
27611-5039
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Dave Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

I
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concernYng an application,for State Federal CAMA Permit(s fromf
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 ar& 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.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted.on
or after
_ The proposed project is certified
under General.Certification
A) No. 1179 issued on January 25, D)
1977, for sewer line construction
B) No. 1272 issued on November 10, E)
1978, for bulkhead construction.
No. 1431 issued on October 16,
1980, for boat ramp construction.
No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
C.Y- 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

i?tl?.?:?(1'T'ra i)i:°,'(:;r•1?fr'1.'x`<t:}?i i??("i' 1?r°?'??i::: ?i%)i?i'?;',:{..,
AC:TT(:?N ` :l:N(:? F•:I:l E: ) 1) F, C.Of M,A.4::)1 F,S:4J1) F,Cir-:iii°, 1 Mr:Df,Ai°iA NI" V ? ?i:>>:';:3::?>
f F.C;0P1) i.•IA;s 1:+E.i:::611 C:I IAi4 G;1) , F"I C;0F",1) i•!(:? oC)
F , I".. :? ,.? :°:: t l l:::.?: T A i rl Y (:' (:l (.? P`: 'T? 'r' : 1) A 1:?.1::' I i I::: :I: t:) i ! : ,... ,
G; I'll I:::1? i (l : lal . i i (:? :I:NT N 0 T T. C ?::: N
T y F, F, CF::F:T.I'.F..IAT'.l:i:.1! ME.,NX)r`7'T :CC?N 1)(t T i:::?' r`rli°i..`
404 F'N : 401 f;E:.Gr 1'. :stJE Y E:::I:V; F::1) : (:?
C.,AMA (:?Ni...Y : GC.' U1:1..AN1) 1)KE.' 1) E 1\1y 30 9 G) 4
1)i:: r C.?'it?A : Y GIC.; : !•it:?1...1) : 1::':1. *IN tl... Ctil::: l'Cif:'T' : ;"" 0I D
RE: C;1::::I:VlNt; 9TF?1:?f1li : UT--F'f'1Mi_.1.C0 C'O1.IND CI_A,t,c,': SA 1:{A91N: TAR
C(:) t iti17NT'9
S7:'T'is L-t:?C:r1'T'F::1) AT 1='I:::f1 191 A N 1) F?I:::9(:)r;'T' NI::'riF? WAVE :
F,R()PO91:::1) AC.;CE." s C1-IA{dNE.1... 140 X 600 r='T': B OAT ItA5T61 2'50 X 10 FT
_5000 (.; t.? `r' 1) ., C? I- E 1'' (:? l L
1-34)E:I:N W:LI...i... 1:f(:?FiT'S*' AND NOT A.`. A MAFIT'NA
AC:CC1F:1)lNG? 'T'(:? BOB BE::N'F(:)iT NO L F'191-1 r?;F1,:E.'r ?.' ba:I:1...i... uE., (::I...C.? :f:::1) 1)t.?l" 'T'G? i,R(:),.?F.,C.;T
1)1-7vE'.1...(:?F'i-ii::: !'T ilr=r, E:xa:,:T'a:N(f (.1"O lTROl... S, :I:1\! F'i...raC E* ; AF'F'F:(1i,F 1) 1:fY F`F:F:: (:?i.l
F, LA., C.' Fl: C?!!

I::. ,::: j
i'., .I. I... I... .. j ;I RECEI VEn
OCT 16 1967
IfVh'.. ?•Li; •?
OT'r:RATIONS SRANr,

NK DAT A DF/CAMA/401 REV DATE 09/04/87
ACTION > :I:NQ F'1:LE.: > DF'C AMAA01 P' SWD > FORMAT > NRDF LAMA NEXT.. ftCD > 00283
NRT'70 ENTERED THIS DATA, R ECORD IS NO 40282 FRD DATA
PisO tO : 00 282 PRO..J : EAGLE NEST BAY CO. COUNTY: DARIi REGION : 07
ASS IGNED TO: W..1M !1f JOINT t•IOT':F.CE::: N "
TYPE C;Iii: RT']:F* .:C:r RECOMME NDATION DATES YYMMDD
404 I°'i`d : 401 F ESQ : ISSUE: RECEIVED: 870831
C,Aiiiis ONLY : GC: UPLAND DIK1::. DENY: INITIAL REPORT: 870904
DF°/CAMA : Y GC:: HOLD: Y FINAL REPORT:
RECEIVING STREAM: 1.1T....PAMI...TC'O SOUND CLASS : SA BASIN: 'T'AR
COMMENTS:
SITE LOCA TED AT PEA ISLAND RESORT NEAR WAVES
PROPOSED ACCESS CHANNEL 40 X 600 F T; BOAT BAS IN 250 X FtF'PROX A i OO FT
`_ 000 CUYD ., OF SPOIL
ADDITIONAL (::t:li°ME::NTS PENDING SITE VISIT
COPIES: WF^,RO--C:E::N T RAL MILLS°-WOOD
RECEIVED
SED 0 8 1987
WATER QUALITY SECTION
OPERATIONS BRANCH

?
MkMO-- WINOUM:
TO: BILL MOORE S>..
FROM: George H. Wood
SUBJECT: Appl i?ation for LAMA Majpr Permit and/or pr.,ed9e and Fill Permit
DATE:. August 27, 1987 MAJOR MOD
Attached is an application py EAGLE'S NEST BAY COMPANY - JOHN FEREBEE
which was received by nee on 8/26/87
• l $IR consiaeriny this
application complete'; have acknowl4dgod recoipi, dnd have 009ws,proce5sin0.
If you have any questions0 dV not hesitato to contact nw,

V'

MI:P'IORANOUM:
TO: BILL MOORE
FROM; George H. Wood
SUBJECT: Application for CAMR Major permit and/Or O r-409 404 Fill Permit
PATE:, August 27, 1987
MAJOR MOD
11 1 .y
Attdched is an applic#tion EAGLE'S NEST BAY COMPANY - JOHN FEREBEE
which was received by ale on 8/26/87
• I am ;Qnsidering this
application complete`; have dcknowl?dOeO reCOipt0 end have 009YA processing.
If You,hdve ony questions, dp no; hasitato to contact aw,
,I.
• 1

"M CE OP COASTAL MANACEMFNT
?'1'FLn 1NVESTtCAT10N REPORT P1A,7QK MOD
l . Applicant' % nawr
EAGLE" S NEST BAY COMPANY, JAHII FEREBEE
'Location of project elite Pamlico Sound at Waves
84 photo #143-403- UV 10 9 1.1
---
?. lnvestiRntion type: DreArtl- 6 Fill X CAf A X
4. lnveatiRative proct!durr: (A) Dated of site visit 8/25/87
(h) Was applicant present no
.S. Procrspin
"
R procedure, . Application received_•8/26/87 office Elizabeth City
r.Irr??+I?rrrr. +i
6. Site deaeription: (A).total Lend Use Plan bare
Land classification from LUp transition
De:volopment constraints idehttfied in LUp none
M AEC W involved! Ocean threrd ? P.stuarine shoreline.
COAAtAI wrtlsnds ? Public trust wnte.ra ?
Fstlgnrino voters Other
.
(r) water drrendent! Yea x Nb Other
(h) lntendeA urr: Public ?iriVatt?? ` Corwsereisl boat basin
(1:) tvhe nr water waiter trentment: txixtin1'_.; low pressure system
plnnnrd none
tl') Tyh?? hr ttr?eturr.r,: Existing sales o uardhouse
PInnned none oat.rents , gazebo
(C) Gstimnted Annual rate of eroiion N/A Source
1. Nnhitnt Ar?r.riptaen: ARRA
JA) Verrtated wrtlmnds: Dredged. FiIIeel Other
. .. rr• mss.. _ _
(ri) Non-ver?tnt?.1 wettnndp: _.
Shallow water 59,000 sq. ft.
(C) Other: disturbed
High ground 73,000
(b) Total Area diaturh^d: 132,000 square feet.,
M. project numworX The a 1i.cants propose-.to dredge.a boa-t---basin and--acces§-channel
in the Pamlico Sound at Pe•a Island Resort near Waves.
EAGLE'S NEST BAY COMPANY, JOHN FEREBEE MAJOR MOD
BIO REPORT
PAGE 2
SITE DESCRIPTION
The applicant owns 48.7 acres near Waves, North Carolina which extends from
the Pamlico Sound across N.C. Highway 12 to the National Park Service boundary.
The property has been developed under CAMA Permit #160-85; Pea Island Resort,
into a campground with a sales office, club house, bath houses, boat rentals
and gazebos. All is serviced by a low pressure sept.ic system. The high ground
is separated from the sound by a,border of wetlands comprised of myrtles, cord
grass, black needlerush, salt grass and.salt meadow grass. These wetlands have
been flagged and are represented as the "404 line" on the blue line drawings.
On the north side of the property a natural slough extends into the property
and a sales office, parking areas and boat rentals have been constructed adjacent
to this water. The shallow water in this slough has created problems for access
by the small daysailors and motor boats which are rented by the patrons. These
waters are classified as "SA".
The applicants are requesting authorization to dredge a 250 foot long by 40
to 150 foot wide basin and a 40 foot wide by 600 foot long access channel to -4
feet NWL. The channel will extend to waters which are 5 feet deep on the sandy
shoal which extends into Pamlico Sound. No eel grass exists on this shoal.
The work will be accomplished by hydraulic dredge and the 5,000 cubic yards
of materials will be contained in diked disposal areas which will be on the sandy
soils on the ocean side of Highway 12. The effluent will be returned by pipe to
the basin.
ANTICIPATED IMPACTS
The proposed dredging will result in elevated turbidity levels and should
be timed to avoid peak biological activity. The dredging will result in the
deepening of 59,000 square feet of shallow water habitat. The spoils will be
retained on highground which will destabilize 73,000 square feet until smooth
and planted.
CA MA REVIEW
. The project is consistent with the transition classification in the Dare
County LUP.
Submitted by: George H. Wood Date: August 27, 1987
. APPLICAI ION
JAI
FOR
PERMIT 10 EXCAVATE AND/OR FILL WAYrlt OUALIIY CERIIIACAI Mist
EASEMENT IN LANUS COVERED BY WATER CAMA PERMIT FOR MAJOR UEVELOPh1E T. ?`c ' frG
' _. •- mow:,.:....
Department of Administration State of North Carolina Department of tf.e Army
(GS 146-121 Department of Natural Resources and Communlty Development Corps or Engineers, Wllrnington 0
(GS 113.229, 143.215.3(a)(1), 143-215.3(c), 113A•119 433 CFR 209.320.3291
Please type or print and fill in all blanks. II information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Eaj%ld's Nest Day Company: Ferebee;: John, Jr.
Last First Middle
B. Address P. 0. Box 217
Street, P. O. Box or Route
Rodanthe. North Carolina 27968 (919) 987-2:3:37
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County DARE
B. 1. City, town, community or landmark Waves; Pea Island Resort Campground
2. Is proposed work within city limits? Yes No _JLX-
C. Crt:ek, river, sound or bay, upon which project is located or nearest named body of water to project
Pamlico Sound
II1. Description of Project
NO 'l. New work Dredging of channe 1 & bowl h,?r; i.ir
A. I. Maintenance of existing project
B. Purpose of excavation or fill
Yes
600'-
il
I
,
widih 407E
depth
4'-5' Below top of water
1. Access channel
Xes
i l
t
"g
25??t
th
len 40r+-o
width+
depth 4' below top of water
n
2. Boat bas
Area 'A'
D g
length 222'f ?
width.,._..t
depth r
Dring elev. to 8.6701 feel
ill area
3.
Other V411 Arpa 'A'
4 length 260.1± width 240'± depth 1 to 2 feet
.
C. I. Bulkhead length NIA Average distance water ward of MHW (shoreline)
N/A
.' 2. I•ype of bulkhead construction (material) 01A
U. Excavated material (total for project)
L' Cubic yards 5g000iCY 2, Type of material Wet sands dredged from exisCing cari.;l
E. Fill material to be placed below MHW (see also VI. A) Wet sands dredged from exls C i ng can?i 1
1. Cubic yards NONE(All mat' 1 lacelt, Type of material
a ove Pl.flllJ.
IV. Land Type, Disposal Area, ari Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No XX
0, Dues the disposal area include any marshland, swamps or other wetland?. Yes-NoXX
C. Disposal Area As shown-2n Plan :,Sheets 5 of 13 and 7 of 13 "A" &"B"
1. Location
2, Do you claim title to disposal area? YES
U. Fill material source if fill is to be trucked in N/A
?_
L. How will excavated material be entrapped and erosion controlled? . _ Di lst'd d i a » nc
employed during dredging
e
1'. 1 ypc of equipment to be used Hydraulic Dr__
NO
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
V. •: Inlended Use of Project Area (Describe)
A. 1. Private Boat basin for existing campground
2. Commercial
3. Housing Development or Industrial
4. Other
8. 1. Lotsize(s)-Disposal site area A = 10,000 Sq. Ft. Area B =63,000 Sq. Ft.
2. Elevation of lo((s) above mean high water 2.5' M. S.L. to S' M. S.L.
3. Soil type and texture Duckston fine sands, fairly coarse snad
4. Type of building facilities or structures NONE
5. Sewage disposal and/or wastewater treatment A. Existing XX Planned
8. Describe Low` pressure pipe septic system: all drainfields located west of N.C.12
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Ilan Synopsis)
VI. Pertaining to Fill and Water Qdality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes NoXX_
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes XXNo
2. Type of discharge Effluent pipe from dredge spoil area
3. Location of discharge- as shown on Plan Sheet 5 of 13
VII. Present rate of shoreline erosion (if known): T?t¢ k.+?.•?*+
VIII, List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work In projegtarea, ifapplicable: --Major C.A-M.A. P mi rf•160-AS igq,,PA 9/95fR5 PBhirpn 19.Z1_-$$
IX. Length of time required to complete project:
X. In addition to the completed application formr,the following 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 inst"iment under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application'and plat must be served upon adjacent riparian landowners by registered or
_•
certified mail or by publication (G.S. 113-229 (d))Enter date served 7/10/87
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below:
Mr. Paul E. Koch, 106 Heather Drive, Bethel Park, Pa. 15102
Mr. W. H. Midgett. Box, 83, Rodarithe. N. C. 27,§68
XI. Certification requirement: I certify that to theb1st 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.
.XII. Any permit Issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe In the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
OATS l' / ` ''/ ? • ;
Appl' •ant's Signature
U6F•81 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10178
ULULIC. t?l ??A) 0 +,.P .AIi 112, ki, atvi.,. ..Y..•.?f..rl?`I
i3ox 847 / krNNAkEE? ToWN3H1P 1.Z0DANTHE
Nap Head, N.C. 27959 nAAW coOurY NO2rH CAROL IIU R?C?IV?D
'r [phone]
'?,•2t+- $? 2rs`sc.e. MAY26'aT
222"'
IN rL.U EN PIPS
°"' INV. MEAN
L-a w w?•E2.

N
PEA N ,? RE6 -^ P.#
-s c A-` 1116G d'
430X
r
`p ?4 SttMA?1?At.H $e?r:.nS (,,I?+Etp-?
NU. !.Gi ± Aga-A
A
INV. 2.Sa t A2rA ` Q.,
P/PE' 0or SSE S??E . 5