19870098 Ver 1_COMPLETE FILE_19880520

Permit Class Permit Number
New STATE OF NORTH CAROLINA 80-88
(by CRLTariance) Department of Natural Community Development
04/
y'h' f
a Ma1ot 1 nt int onmental ,..r
Con
?w 1P*1rt s:. s; ?b
[]X Excavatiomttf>z6r1t` to NCGS 113-229
issued to Sam G. Frazier, 4517 Norman Road, "Portsmouth, VA 23703
authorizing development in Chowan Countyat the Albemarle Sotind, Surfside Drive,
Cape Colony Subdivision as requested in the permittee's application dated 4/7/87 including
attached plats, 3, dated received 4/8/87.
This permit, issued on )4Z t , 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) The bulkhead will not be positioned farther than 6 feet waterward from
the normal water elevation contour at any point along its alignment.
It will be positioned. immediately waterward of the existing riprap material.
(2) All backfill materials will be obtained from an upland source and confined
landward of the permitted bulkhead.
(3) Vegetated wetlands will not be filled.
(4) The fill material will be clean and free of any pollutants, except in
trace quantities. Metal_ products, organic materials, or unsightly debris
will not be used.
(5) The exposed slope inland of the bulkhead will be provided with ground
cover sufficient to restrain erosion within 30 working days of any phase
of grading.
(6) The activity will be conducted in such a manner as to prevent a significant
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. - - „x-
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31. 1991
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 W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
r

re, 1
Sam G. Frazier Permit #80-88
Page 2 of 2
ADDITIONAL CONDITIONS
increase in turbidity outside the area of construction or construction-related
discharge.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.
::?? c1r M.
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO87-N-021-0322
Mr. Sam G. Frazier
4517 Norman Road
Portsmouth, Virginia 23703
Dear Mr. Frazier:
RECEIVED
J U L 13 1987
WATER QUALITY SECTION
OPERATIONS BRANCH
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of June 24, 1987, we have been
informed that your application for State authorization to
construct and backfill a bulkhead on Albemarle Sound, Cape Colony
subdivision, Chowan County, North Carolina, has been denied.
Under the administrative rules of our regulatory program, denial
of required State authorization precludes favorable consideration
of a Federal permit. Accordingly, your Department of the Army
application is hereby denied, and your file has been retired.
Questions or comments may be addressed to Mr. David Baker of
my Regulatory Branch. He may be reached at telephone (919)
343-4642.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 7, 1987

-0-
-2-

Copies Furnished:
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. 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 /
Ms. LuAnn Bryan J
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
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
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
'001. 'k

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor June 24, 1987 David W. Owens
S. Thomas Rhodes, Secretary Director
Certified Mail
Return Receipt Requested
Mr. Sam G. Frazier
4517 Norman Road
Portsmouth, VA 23703
Dear Mr. Frazier:
This letter. is with reference to your request for permits under the
Coastal Area Management Act and State Dredge and Fill Law to construct a
bulkhead on the Albemarle Sound, at Cape Colony Subdivision near Edenton in
Chowan County, N. C. Processing of your application, under a joint
State/Federal review, is now complete.
Based on this review, the Division of Coastal Management has made the
following findings:
(1) The shoreline of the proposed project area is currently protected from
erosion by rock riprap. The average annual erosion rate is extremely
low, if not non-existent, for this section of shoreline.
(2) No unusual geographic or geologic features existed prior to placement of
the riprap which would have caused an unreasonable hardship on the
construction of a bulkhead to protect the shoreline from erosion.
(3) The project, as proposed, is inconsistent with the following partial
listing of rules and regulations of the Coastal Resources Commission:
a) 15 NCAC 7H.0208(b)(7)(A). Bulkhead alignment, for the purpose of
shoreline stabilization, must approximate mean high water or normal
water level;
b) 15 NCAC 7H.0208(b)(7)(D)(i). Bulkheads for shoreline stabilization
shall be permitted below approximate mean high water level only when
the property to be bulkheaded has an identifiable erosion problem or
has unusual geologic or geographic features which will cause the
applicant unreasonable hardship; and,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
?? i1'
Mr Sam G. Frazier
Page 2
June 24 , 1987
c) 15 NCAC 7H.0208(b)(D)(IU). The need for a bulkhead below
approximate mean high water level must be documented in the Field
Investigation Report or other reports prepared by the Division of
Coastal Management.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which
provides for permit denial upon finding a significant adverse impact on
estuarine resources; G.S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fill Law,
and G.S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
If you wish to appeal this denial, you are entitled to a hearing. The
hearing will involve appearing before a hearing officer who listens to the
evidence and arguments of both parties and then makes a recommendation to the
Coastal Resources Commission. Your request for a hearing must be in the form
of a written petition, complying with the requirements of Chapter 1506 of the
General Statutes of 'North Carolina, and must be filed with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, N.C. 27604, within
twenty days of receipt of this letter. A copy of the petition should be filed
with this office.
If you request a hearing, you may have a choice of hearing
officers--either a hearing officer from the Office of Administrative Hearings
or a member of the CRC. Unless you waive your right to a hearing before the
Office of Administrative Hearings in your petition, the hearing will be
conducted by a hearing officer of that agency.
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.

Mr. Sam G. Frazier
Page 3
June 24 , 1987
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sincerely,
avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, NC
Enclosure
W
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 8, 1987
SUBJECT: File No. SAWC087-N-021-0322
Mr. Sam G. Frazier
4517 Norman Road
Portsmouth, Virginia 23703
Dear Mr. Frazier:
WATER QUALITY SE.CTIOPj,
OPERATIONS
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 May 1, 1987, for a
Department of the Army permit to construct and backfill a bulkhead
on Albemarle Sound adjacent to your property in Cape Colony
Subdivision, Chowan 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. SAWC087-N-021-0322 and will be coordinated by
Mr. David Baker. He is available to address questions or comments
you may have at telephone [phone].
Sincerely,
RECEIVED
M AY 1 8 1,987
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
I'

-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
Mr. William Mills
ater Quality Section
ivision 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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
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
May 11, 1987
SUBJECT: File No. SAWC087-N-021-0322
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. Sam G. Frazier for a
Department of the Army permit and a State Water Quality
Certification to construct and backfill a bulkhead on Albemarle
Sound, adjacent to his property in Cape Colony Subdivision, Chowan
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 July 11, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
ha a W. tHo is
C ief, Regury 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
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
%
APPLICATION Si4WO-0 2?7-/V -dam®-®
PERMIT t0 EXCAV Fem. _ .. a. ?'? .
AU AND/M FILL. VATER QUALITY C411tTIFICATICIN ...
EASEMENT IN LANDS COV
r BRED YY WATER LAMA PERMIT FOR.
!w?1? 0??1 a?lik? ;
?M+rt s e/ AMIxIN?MNA .safe m Honk cum i ' Eik/iiNerli
!GS IK 11) D*rtwwwl of NMurmi RawAtii1 OW comoft"lty Orwle/s>t? Os+ntwmt N ttw Arw?y
•. 04 113 W-14 vlI"#X1). 14}411i.W), Ilwtis car?..r E.yw.r.?wllt?
lost
Pleam type or print mW fW in all blank& It iWo"A t1n 16AW vow"4M
. M M&aN by 04lto,tr>!IA
Applicant Information •?
A. Name 0001.,K4zl e
8. Address -- Z/ 4, 7 luloey
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Stan, /. 0. lion ar r?
NIMrW
APR 48'BY
City or yawn
Laution of PropefW F*00:
A. County __?
8. 1. City, town, cattn unity or landmark
2. It proposed peak within city iknits? Vj$ mm .. No".
C. Geek, riper, wand at pay uoar whkh proMct IS loc4yd or twrwt nattrd body o! Walt Io OMWI Al `s j, 4-. ,.,
f l 1. DeKription of PreMtt , .. - , ..
• ?iG,Y c?
A. 1. AAaintenanu of ullstlrsr project Z. New work
S. Purpow of mxcavation or fill .
1. Access chantwl Mttdth?,¦,,,,,,?,wWlh,.,..,,..,,,,?dopth -
2. Owl basin bftth..w.? WWII% ..???deplh
3. Fill area
4. Olha ,...M..?...depth
C. I. Sulkiwad I04Ih,. .?;,.,..' Awro dw in1'A *&WW*d fN MHW (lhotollM)
mom-
2. Type of bulkhead comtrl ilon (1111+low) c _
0. Excavated material (toW tot project)
I . Cubic yarns 2 T rAe of ttwarlal
E. fill macaw to be placod blow MMW (tae alw VI. A)
1. Cubic yards,,.,,.G?,.,,,. 1 Taw of IINWlrlai fd
IV. Land Type. Disposal Awa, surd Cortxtruetim E?dtttiw
A. Does the area tubs excavated Include any tnarlhim0d, Swatrlpt tx othtx wetland?
8. Does the disposal area include any mwtA4tld,?twampe a odMr wrtian0? Yes .a..No
C. Disposal Area
'
1. location '
2 .Do you claim title to dlwaW areal
D. Fill material source if fill is b•be trucked in
?. Mow will excavaled ntalerW be entrapped *Wm conooll id?
F- Tyne of equipnwnl to be used T L?CSS?%: y z
G. Will ntarshlard be uow.tl M kanlportirM kWh" a prOWA 64? It ywexpl4M
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State • , ZO Coda ...u+M
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A, 1. Private
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4. Other
OWN_
8. 1. Lot site(s) 7 0
V. Intsoulw UM of /rojW Aiy
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2. Elevation of lot(s) abow tttW
3. Soil type and Wtwm

4. Type of buiWim faclllUM 4F "FlAS O
S. Sewalp di - ? - - --- - -- _... -_..- - -
woW artd/qr wasp waw A. U0405 y
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6. Rlatttl GassillcaUgn'(ckcle ase) Vk1rQ?EQ TRANSITIONAL. COMMUNITY Ii,AL
.. coNsE RvA?'`iW --'or?ga IW
VI. ?ewalnkw to Fill a W Waco Quality: , ., ?• t" i .
A. Does the propotad project itwolra oM pIK*M rat d(All tlMtarials below W" hilt wit YM.,,.../?Io
B. 1. Will any runoff or discharbt anter adiment watt" as RAW of praj"t pcuvitr tar p++nnad My a
area following project CORWW"?
YIt1...,,.;Np
2. Type of dischup /,l
3. Location of dighmp
Vol. hewn) rate of dwell" wasoen (u kMfwn):'.--
VIII. use r«ww "tbery and ilesr !aMl? N 040"W"IM40 ARW CM" of li:"lttam far Slible W1414 Mr
work M pro*$ anA N tyltlk*@:
Ix. L ova * &k" PIWAat# I* cawpy«t wit: -
X In addition to the tewwie1111 a w k,Mlan ft"4 Iltr 1aOwdtt! I1000 a" M prwtMNdt 04. :?.w.
A. Attach .• . .
A copy of Ow (wllh Stwtr
? Mok4llar arMr) W otlnr itettrttttuttt tlttdllr tMtlch??Iglkailt . , •., ,•, .. '.? , ,
claimt't64WW affected propwly. OR It a 0kant is twt 0"% to be tM onrttir of "W prgoww,
thin forward a copy of the deed or odW bww Mt taper which the Dwoor Nrirtts OW Pka wluot
permission from the owner to wry mg op pro*t on hH *W. ,
11. Attach an accurate work slat df4W4 tq Kjb 00 $K X 11" 14ilir paper (60 ity www bu"* (W
1
devils). Note: Ofif{kw drawino prelow • my ho 40AIV wploI ac w
C. A copy-,of the application and plat
nMlat br ttlrt*ad upnn adjacent rl ?arian landowners by (*WNW
cerUfkrt Mail w by publicatiws (G.S. 11 }ray (d))?NUr pate ytrwq L - ?. 7
0. Liu names and eomphlo adtiretaa,0(tlw r0*q» lu wftrsr with Wapeny
Such owner haw 30 days in Mr " Iq MII"C Mob {p
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XI• Cenificatlon ngWftM4 tt: I certUY "'So the belt of toy knowW8j, the-pratiosad activity convuK,
with the State of North Carolina's apprpMN otNiNl
manner consistent with ych Wr0Faln. r+s+gc trtd WW 11a tested ill a
xll. Any permit Issued purmnl to Ihls applkatlon will am only the dmWopntrnt d6sw1bed in this app11•
cation and plat. Applkants t wsM ttwe(ore data" in the applkation and pIM aM
opment attivitisk Mtcittdwq con6ir lai^ M",ktiplh Iwi% amt liwttl xwtb. ? !?'•
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611 `
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Field Services Director
108 South Water Street
Elizabeth City, N.C. 27909
[phone]
April 30, 1987
Mr. Sam G. Frazier
4517 Norman Road
Portsmouth, Virginia 23703
Dear Mr. Frazier:
The Division of Coastal Management hereby acknowledges receipt of your application
for state approval for development of your property located at Cape Colony Subdivision
in Chowan County, N.C. It was received on April 8, 1987 and appears to be adequate for
processing at this time. The projected deadline for making a decision is June 22, 1987.
An additional 75 day review period may be necessary and if so, you will be advised of
the extension and the new deadline.
NCGS 113A-119(b) requires that Notice of an application be posted at the location
of the proposed development. Enclosed you will find a "Notice of Permit Filing" post-
card which must be posted at the property of your proposed development. You should
post this notice at a conspicuous point along your property where it can be observed
from a public road. Some examples would be: nailing the notice card to a telephone.
pole or tree along the road right-of-way fronting your property, or at a point along
the road right-of-way where a private road would lead one into your property. Failure
to post this notice could result in an incomplete application.
An onsite inspection will be made and if additional information is required, you
will be contacted by the appropriate state or federal agency. If you have any questions,
please contact me at my Elizabeth City office.
Sincerely,
Li LuAnn Bry
FIELD CONSULTANT
LB:yl
Enclosure:. notice card
cc: Charles Jones, DCM
COE
John Bunch, LPO
File
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
May 8, 1987
Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
Raleigh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
David W. Owens
Director
- Sam G. Frazier
Applicant's Name
Scene Colony Subdivision Chowan
Location of Project County
X_ for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 5/9q/87
Sincerely,
R. Parker, Jr., thief
Major Permits Processing Section
JRP:ap:2480
p.Ct Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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 5, 1987
SUBJECT: File No. SAWC087-N-021-0322
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. Sam G. Frazier for a
Department of the Army permit to construct and backfill a bulkhead
on Albemarle Sound, Cape Colony subdivision, Chowan 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. The bulkhead will not be positioned farther than 6 feet
waterward from the normal water elevation contour at any point
along its alignment. It will be positioned immediately waterward
of the existing riprap material.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. Vegetated wetlands will not be filled.
d. The fill material will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials, or
unsightly debris will not be used.
-2-
r?
f e. 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 bedaddressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
J 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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. LuAnn Bryan
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
!1 3,// WILMINGTON DISTRICT, CORPS OF ENGINEERS
i P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO June 9, 1987
Regulatory Branch
SUBJECT: File No. SAWC087-N-028-0028
Mr. Willie R. Etheridge
Post Office Box 77
Wanchese, North Carolina 27981
Dear Mr. Etheridge:
RECEIVED
JUN 15 1987
WATER QUALITY SECTION
OPERATIONS BRANCH
Reference your application for a Department of the Army permit
to construct and backfill a bulkhead, construct a pier and
maintain and deepen a channel/basin on Mill Landing Creek,
Wanchese, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWCO80-
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 Ms. Alison Arnold,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
V Y n
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
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. Beverly Etheridge, Chief
Wetlands Section
Region IV
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
Habitat Conservation Division
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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DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application.for St to Federal AMA Pe it(s) rom
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
his office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
y 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.
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,
1977, for sewer line construction
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) 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
.k*
NKDATA DF"/CAMA/40 i R1:-1r DATE 05/05/87
ACTION ADD F°:I:I...E ) DFCAMA401 PSWD } FORMAT ) 1*RDF"CAMA NEXT RCD ) 0{)06
ACTION ADD, ENTER DATA. REC. (ADDED IS {)004 F RD DATA
PROJO : 000 5 PROJ : FRAZ :W'SR`s COUNTY; CHOWAN REGION:
07
ASS:i:C;fNE::D TO: WJM JOINT I`•OT1f E: N
(?J
.TYPE- CERTIFICATION RECOMMENDATION DATES YYMMDD .
404 PN : 40i REQ : ISSUE: Y RECEIVED: a70561
C;AMA ONLY : GC:: BULKHEAD DENY: INITIAL REPORT:
DF°/CAMA : Y GC: HOLD: FINAL REPORT: B7656S
RECEIVING STREAM: AL BEMARL E SOUND CLASS: SB BASIN: PAS
COMMENTS:
SITE LOCATED AT CAPE COLONY SUBDIVISION NEAR EDEPTON
PROPOSED 60 LF OF WOODEN BULKHEAD
COPIES: Wr"tF i7....C:E: N T'RAL_....MIL.L.S--BRYAN

:f.
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MEMORANDUM:
TO: BILL MOORE
FROM: LuAnn Bryan
SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit
DATE: April 30, 1987 r
Attached is an application by SAM G. FRAZIER
which was received. by me on _ 4/8/87 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: LuAnn Bryan
SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit
DATE: r
April 30, 1987 .

Attached is an application by SAM G. FRAZIER
which was received by me on 4/8187 I am considering this
I
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.

?rFtCE OF.-COASTAL MANAGEMENT
FTF.Ln INVESTIGATION REPORT
1. Applicant's name SAM G. FRAZIER
2. Location of project atte Cape Colony Subdivision, Surfside Drive, Albemarle oun ,
Chowan County Photo ref_# 111-850 5-1. 5-J 3. Investigation types Dredge b Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 4/3/87
(B) Was applicant present yes
.S. Processing procedure: Application received 4/8/87 - OfficeElizabeth City
6. Site description: (A) Local Land Use Plan Chowan County
Land classification from LUP transition
Development constraints identified in LUP done identified,

(R) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters X
F.atunrine waters X Other
(C) Water, dependent: Ye.,_ X No Other
(n) Intended use: Public Private X Commercial
(I:) Type or waste water treatment: Existing', septic tank
Plnnned
(F) Type Of Rtrsictures: Existing single family residence
Planned bulkhead
(C) Estimated annunl rate of erosion 1.15 Source SCS SEI
7. Habi tat description:
AREA
(A) Vegetated wetlands: Dredged Filled QCh?r
(R) Non-vegetated wetlands:
Sound bottom .360 sq. ft.
(C) Other:
(D) Total area disturbed: 360 square feet
A. Project nsimmary The applicant proposes to construct a bulkhead at his property
located in Chowan County in Cape Colony Subdivision on Surfside Drive on the
Albemarle Sound.
SAM G. FRAZIER
BIO REPORT
PAGE 2
SITE DESCRIPTION
The applicant's property is located in Chowan County in Cape Colony Subdivision
on Surfside Drive on the Albemarle Sound. The lot is covered with lawn grasses, and
has an existing single family residence, with the shoreline rip-rapped.
The applicant proposes to construct a wooden bulkhead approximately 6' out
from NWL following the contour of his property. The reasoning for this alignment
is that the riprap which was placed along his shoreline approximately 20 years
ago extends out 5', and is too large to be moved.
ANTICIPATED IMPACTS
The project as proposed will result in the filling of 360 square feet of sound
bottom, resulting in 80 cubic yards of fill with 4 of these being below NWL. The
project will result in increased levels of turbidity, however, these effects will
be short termed and localized. These waters are classified as S.B. by D.E.M.
Submitted by: LuAnn Bryan
April 30, 1987

• • APPLICATION
PERMIT T ?
. O EXGVAT'E ANq/iOR F • ?y??'??c..
" WATER QUAUTY GERTWICAT10M
EASEMENT IN LANDS OOVERED IlV WATER CAM KOMIT FOR MA,)iDR G9VUAV4A9NT'' ?-
DepanwAmt of AMlmolms M . Stall of gwllx C SN" oarartexsxtt N the Am
!GS 146121 Demme"# er fl.wrr R60weir.M c"W" . o'wlMiMw?, Carr. ./ Eti1n..r.,,•M-48* 0OMrw
.. 14 11 i3f.1*3&&XIX 11.10313.4#41 IWI I* (3l fi t SAM`
.. RECEIVED
Phase typo or print and fill in All mat" If YNAreMINn kRM 400k b, M 1ltdicAle* p1,W NfA M %I"
APR O8 '87
1
1. Appkant Infornation ??: , ???--
A. Name Z l , -7'?? , . .--?- ---
MixNly .
8. Address - - 4 S-/ 7 ,tfC? P,? li ??x?p F
2.Z703 ?f 94- ,,Yq -`?!7
City a Town Stall . , ZO Cody Mw o
11. Location of Pu pept! Prefect:
A. County - 6._ _ 07 Al
9. 1. City, town, conwlwnity or laxwhxtark - _ C v +? , i' ,w
2. Is proposed work within city IMnitit YM` mNo m.4..
C. Creek. river, mad at bay upon-who pr6*1 k Mcalild a n.lrwt napled body d wAwr to profit y-
J . ,
111. Delcriptkert ?f PrNeet • , ' "
A. I. Maintenance of edstinpro*t 2. New wak /
6. Purpose of excavation or fill
I. Access channel
?. boat basin
3. Fm area
4. Other
ktxnTth ?....?.. wa?.......?..... depth ,
C. I. Bulkhead leryth?„0Amp d"m 04lflfWitfd of.NMMI (amnlilN) &
2. Type of bulkhead tuln, wow (1640 10)
57:4/ 4
0. Excavated nuterW (tool far p l*,)
1. Cubic yards 2. Type of t11 wW "s
E. Fill material to be placed blow MMW (m A1W VI. A) ,
1. Cubit vards, r..2. Ty1M of eAitd W
IV. La W Type, Dlspoeal Atok Attd C ftgnmott" Eotl-wll it:
A. Does the area to be excavated include env "Wsh nd, promos or Gow Welland? Yes........ No
S. Does the disposal area include my mff#4o1W6'Wonlpe or aft WOUN41 Ye6.,0,,,,,.,..Ne
C. Disposal Area
1. Location
2 Do you claim title to divaw ite?T
0. Fill material source if fill Is to'be trucked in
?. Mow will excavated nute?W be enIr4VW ind etawiott canttho?hedl
F. Type of cquOmeni to be used
G. Will mmihtuW be croeted in w nipmw4 owowj ltd to prom "I If yety etxp"

0
V• Inwww UM of hood Aloe
A. I. private
2 C4MVA Blot ,
?. Nousirlp. Dw4"w4st a? hldtlgrly
4. Other '
r r. i
. B. 1. Lot site(s)
3. Elevation of lot(s) above mW ho WS
Soil type and tetttttn
I
4. Type of buiWj% fXllities 4r UnIt"
S. Sywaoe disposal and/qr w4w watts A. E?tiwitirlp plpyyd
B. Describe r ,
6. IL&W Classilk OmIclrck one) VE O TRANSITIONAL COMMUNITY ? NAAL
•.CONSERVATiOTNCa ,;, ? •
VI. ?ertainitr to Fig and Waw QtWity: A6. T ??MW
A. Don the Proposed pr0MSC1 involve IM p1a4A06 4 lilt MAI?wlals bejow nlftan hint wO*wt Yw......Mo,e,wpw
S. 1. Will any runoff or ditcltur entfr adjaatnt walas ao< IWdt 4f tfraut &tinlity 4r pIMInW moot
?
area followitaprojlct lore? Ytttft w.Np.,,..
2 Type of diVjwp 0
I Low ion of digUp
Vu. Prennt rate of - ,
shwMMe e?osiltst (H known): .
VIII. ud two" mw*" amd bole 4" N pedMwm 4t Amy coo b/ EeOtl m w aim A1wj t ow
veil M Palm alb, N vokaw:
IX. L011110,01 d"W M114 wp y w4110 If is -
X. In addlthn to dw conW11194 d appllcatMst %N k dIS 601100 rep IOM shirt bo PrAiladt •?. '. .
A. Attach a copy of Ur, ee (wit S1Mr lpplkilillll ottly) q other ktwwftu w WW tiltrW 'awi6.iAt .
claimrikrlls W affected p olwty. OR If 40kwa iS 00 0"% to be the "M of uw
watwty. •?
then forward a copy of Me deed or outer kwrwlteht wtdp ~ vets ownw 641" HW pi" w ism
permission from She ownw to ,
cilrry alts IIM praKt an his Ialtd, . .
B. Attach an accurate work pla ?rqw to wlr oN SK x 11" wti11? olpN tits +iiNr ,daft botl?* • , .
details). NOW: Wow drawblµ prN1aw• My to giyyty cQppt scopm d.
C. A copy-of the application NW plat asst be sMaed upon ad acMl A lafwjo*vws by'14t"w
certiflrtt mail a by PuMicatlan (G.S. 11 }?9 (d)rn1Ar {I+IA t?Mwt( ?- 4 7
D. List names and compkto addrettaof ow rowip liw oM wl with prpprrty alWllt Ank".&
Such owners have 30 days in whm tq N*vw agNlttMIW IA IIe Il qw
/y.e t4-.1L-1?j FAal ys= i1 /'. / >
XI. Certifk'"Wn rpuinnwtt: 1 c %Uy that to the best of nay WwW10. do proposed activity eampUK,
with Ow State of North Carolina's apprgt0 iol"W p 4111 ?,
man1w consistent wills, ninth preVapi.
X01. Any permit k ued purtwnt to this SWk4jion will dlow Q* the dewlVaUnt dt>wbW in ihk appll.
cation and plat. Applicants ihotdd Iherekn deswlbe In the application and pllt adi
opment activitiels istclwfinR cadtrtiNKirdllAllr I111Mtdt wt0 Imd cMarwt6. ??'• ?.
DATE
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