19880007 Ver 1_COMPLETE FILE_19880101

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY v V
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 .! J?U
June 24, 1988
SUBJECT: File No. SAWCO88-N-028-0363
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. Loran Ballance and
Mr. Richard W. Brady for a Department of the Army permit to
construct and backfill a bulkhead on Pamlico Sound, Avon, 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. The bulkhead will be constructed on an alignment in strict
accordance with permit plans. To prevent an unintentional
violation of the permit, representatives of the North Carolina
Division of Coastal Management and the Corps of Engineers will be
available to stake the alignment prior to construction.
b. All backfill materials will be obtained from a highground
source and confined landward of the permitted bulkhead.
c. 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.
d. The activity will be conducted in such a manner as to
prevent a significant increase in turbidity outside the area of

-2-

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 Ms. Alison Arnold,
telephone [phone].
Sincerely,

Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
J
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
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. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Comments co
A. PERMIT:
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
g an application•fgr ate e ra: AMA Permit(s))
'.? °/`
f rom
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
is office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
?ThThat 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
r after
" The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, ` D) No. 1431 issued on October 16,
1977, for sewer line construction 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
n

Nl{ DATA :(iF/{"AT•iA.^`40i R(:::V DATE 06/03/88
ACTION f ADD FILE I)Ft.:raMr•t401 i E:WD : Ft°tRi•'iAT NRAiFi;A'MA NEXT RCD 0042
ACTION ADD, ENTER DATA. RI:°:C., ADDED IS 00423 FRD DATA
i°'E4(:5,.1„ : 00424 PRO J: Ctr°tE..LANCE": & I"{E r° D Y COUNTY: DARI::: REGION: 07

T'Y PCERTIFICATION RECOMMEN D ... A T E. S,' YYi•'iMi:i D
0 r i' N 401 RE: Q : ISSUE: Y RECEI VED: 880531
. r°7 MA ONLY: GC: BULKHEADS DENY: INITI AL REPORT:
CiFr^ i::r`;MA 'r' ;;'I:::t::l°' WPRl::.t;t : ,'•i HOLD: FINAL REPORT: 880603
RECEIVING STREAM: PAi°ii... J: i. O SOUND CLASS: NA BASIN: T AF.'
COMMENTS:
SITE LOCATED AT PORT AVON SUBDIVISION AT AVON
PROPOSAL
TO CONSTRUCT :2240 i...F t: F WOODEN BULKHEAD
UBULKHEAD
y 1
(:::(:PIE:::: l,.I;`%?:.''?...CE:NT'Rrai.......i°ia:I...l... ;.....DC M
E cl
._; j.qj ()"1 8

MEMORANDUM

T0: Bil1 Moore
FROM: Robert Abernethy
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR
DREDGE AND FILL.PERMIT
DATE: May 27, 1988
Attached is an application by BALLANCE AND BRADY
which was received by me on 5/17/88 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions, do not hesitate to contact me.
/yl1

.•
MEMORANDUM
T0,
FROM:
'SUBJECT:
DATE:
Gill Moore
Robert Abernethy
APPLICATION FOR CAMA MAJOR PERMIT AND/OR
DREDGE AND FILL PERMIT
May 27, 1988
'Y
'lei
Attached is an application by BALLANCE AND BRADY
which was received by me on 5/17/88 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions, do not hesitate to contact me.
/yl 1
OFFICE 01; GOAS'1'AL MAVAGLMEN'c Lat. 35° 21' 06
FIELD INVESTIGATION REPORT + Long. 75 0 311 06"
1. Applicant's name BALLANCE AND BRADY _
2. Location of project site Lots 5,61 Reef Drive, Avon, Dare County,
_Paml i_c.o Sound. Photo ref. 1 -39
3. Investigation type: Dredge b Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 4/19/88
(B) was applicant present yes
5. Processing procedure: Application received .5 / 1 7/ A Office F 1 i z . city
.
6. Site description: (A) Local Land Use Plan
'Land classification from LUP Lr
Development constraints ident
MuMe
ifxe in LUP
-117 "' I
(B) AEC(s) involved: Ocean Hazard_ Estuarine shoreline X
Coastal wetlands X Public trust waters- X
Estuarine water@____7 - Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public Prlvnte X Commercial
(E) Type of waste water treatment: Existing none
Planned none
(F) Type of structures: Existingu nue
Planned -nQne
(G) Estimated annual rate of eros toa 71-101 Source a p p 1 i cant 7. -'Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
High Spartina atens 915 sq. ft.
coastal marsh
(8) Non-vegetated wetlands:
Shallow-water habitat 1200 sq. ft.
(C) Other:
(D) Total area disturbed :?2115q _ f t _
8. Project summary. Applicant proposes to hij khead and hark,f i 1 1 24(1 fi -
of estuarine shor i
1 years erosion. Pro.iect will destroy 91-5 sq.- ft-of ,hidh Spartina
patens coastal marsh. Pro.iert l orated- at Aynn nn Paml j rn_Soiind,

BALLANCE AND BRADY
BIO REPORT
PAGE 2
SITE REPORT
Applicants are applying for Wallace Gray who owns lots 5,6,7
Reef Drive, Avon, Dare County on Pamlico Sound. Vegetation
.consists of a solid stand of Martina patens extending from the
road to a wide sand beach. Approximately 915 sq. ft. of Spartina
patens coastal marsh is rarely flooded by extremely high tides.
ANTICIPATED IMPACTS
Project will result in the filling of 915 sq. ft. of rarely
flooded Spartina patens coastal marsh and 1200 sq. ft. of
shallow-water habitat. Some localized, short-term turbidity will
result form constructing the bulkhead.
CAMA REVIEW
The project is consistent with the transition classification
of the Dare County LUP.
Submitted by: Robert Abernethy
Date: May 27, 1988

Please type or print. Carefully describe all an-
ticipated development activities, including constrt
tion, excavation, filling, paving, land clearing, an
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
,MAY 1? escribe the planned use of the project.
SiN CE Fi l"Il y NoA'lES /"Ay _
1sx ? f GANJ UCTtZ7 Out! E c-aTS_
r
.. .. _ . ? - ._J0?' soisJ E FuTU.P E OATS .
1 APPLICANT
a. Name /IICA14,00 a4 6,r.gVy
Address ,pro, Boer 479
City IfV0A/ State Al, C,
Zip a791S Day phone 4%S- 4"B
Landowner or Authorized agent
b. Project name (if any
c. If the applicant is not the landowner, also give
the owner's name and address.
W.44CACE AP. ,,RAY
Po. Box 34o
2 LOCATION OF PROPOSED
PROJECTrrrr
a. Street address or secondary road number
LoT_'k.S,G - 0 T REEF AIR
b. City, town, community, or landmark
X41/0^/ N- C. .
c. County 10WRC
d. Is proposed work within city limits or planning
jurisdiction? YES
e. Name of body of water nearest project
PAML/C0 _500A10
. 3 DESCRIPTION AND PLANNET3
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
C-CiAIV7ieOC7- l3UGKNc790 TQ
-I?ROTL'c'T F/loPt?T''r FiPO?/
FC/i? 3?d ER E.r 4= S do N
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
NE&I Woe?Ae
c. Will the project be for community, private, or
commercial use?
I0w1 ywne
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 36, 9qi s.F trAS
b. Size of individual lot(s)
c. Elevation of tract above mean Tea level or- a-
tional Geodetic Vertical Datum 3 9t
d. Soil type(s) and texture(s) of tract SAvoY c°,,in opv
Cf0 AAtQ .a06W Aao OA7^11 C e C.q Y M e-wlgws e,
e. Vegetation on tract S.49A077d1,9 i°RTtwV g
f. Man-made features now on tract it/o,y
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
,5;1H6C,C iAMit S? 1tfs10Fxac4E
i. How are adjacent waters classified? SA
j. Has a professional archaeological survey been
carried out for the tract? No
If so, by whom?
5 UPLAND DE'V'ELOPMENT
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
1.
g. List the materials, such as marl, paver stone,
asphalts or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to
waters of the state (for exampleesurface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
m. Water supply source
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill. activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from
below water level in cubic yards
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands?
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/
If so, where?
j. Does the disposal area include any marshland,
swamplland,for water areas?
k. Will the fill material be placed below mean
high water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on
site and erosion controlled?
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap c2so
b. Average distance waterward of mean high water
or normal water level .5
c. Shoreline erosion during preceding 12 months,
in feet 7 - /4
d. Type of bulkhead material wooe ('2.5.Sioc?' mewrtr
e. Amount of fill, in cubic yards, to be placed
below mean high water /-25 e•Y,
f. Type of fill material ?SA-4vo

&OVEU
MAY 17 W4 of previous state or federal permits issued
8 ADDITIONAL INFORMA7'1ON Ocm - &I irk on the project tract. Include permit
:..?--•-11'"crs, permittee, and issuing dates.
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the decd or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Yz x 11 white paper. (Refer to Coastal
Resources Commission Rule 7].0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name 4OAJNI6 4411,f07-
Address /°o• -6o N 89
AvaAy N c -779/s
Oelec
Name Ate//N '.0
Address 80/ f//GNOo/N T ?4yE
Name
Address
A check for $100 made payable to the DSEart-
ment of Natural Resources and Community
evelopmen to co er the costs of processing the
app ication.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9' CEA IVICATIO, N AND PEAMIS,
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This_ is he y of_ a
19 ?f ?_,
X -
Landowne- horized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.

N
vJ
Q
J
e
Q
CX/.ST/A/Al
,8 t/C/tAf6wO
ff ?
q '
f
f' ?
? W Z I
If J J' ?
?
r? 3 3 ,
11 ? i ?
r? t
fr '
r `
"
?I ?
1? ?
11
Ir ?
11 '
? A
0
p ?
J / W h ?
rl ,'
A Ir ? ?
o rr ? e
rr ,
?f
rr ,
r
f .
.1 W
11 Z W
11 v ? ?
11 3 v ?
F' Z
r r
LOT N¢
PROOtx ?y Ofr
4JAcc4c6 AA/A
M,q,Z!,#& r G,tAy
CoT 0S
LO7-'? 6
)2 c- 6-F
DRI?E
fr Z
1„O T
PRoP?? FA?RoT
,-r w
sVK? ? b L-O r $
10'eapO15E0 eu/-K/L/E190
Z-Or w S/ b 0 7 , /1G-Cc 0R1?E
oo,¢r Avon/ .SUe01?113'-'OAJ
/ V-IAI , Al, C.) .2 79/S
MA v /0, ? 988 Scgc f / =30
,O&,QWN !3y RicN?a,ro W. ,BQAOV
r
a o ?'
i
Z
m ^
e
•
•.
??oa
er

a Q 04
p a r ^ y
l

O rt
C n ?' T
zi
0,
a ? v
o ?0 Z
o ? t
•2
N
?i
? I
?x
0
Z

7

pJU1t
Q=
+1
1-
1
a

. 4

J

r
V

:4c
v D
hW ? ?
0
og

o?
- h

?C
CL

{f = 3 tt.zes 3,it.+1M l ?ZZI Oy
•00.0

ti A ?
? A
J l

?? d
a ?
-CT
y
?
' 2 I ?

.1
(
Z
fo c 11 °
??
15,
0
1A o;.sgk
A ,u'tsr la ,f t. [1• '_ W oa.`tt / s i•!/a?s y

l
;,.,, S ?? R
s M' .?rrlr ?,tt.u? J
? `0 sa•iot lls
?
.
. i r• ^f o •• i r° J
? w
• t`

i
,rte,- - r r .
' ' r r In M b
N N -C

rf
?

.
` ..
.rrlei +.tt•[1•
.?s'+ol r
3 I i?

-.t? .? zl sr•?Ir'-",;[t tl?---._ o° > f .•attt a•1o•uf ;? ?

,T.
? O ' C r C r
A d t
•
s o _
? 1
•
j I,.w „'.?
- ? L!'lll -
..
a ", .. M•[Ifhr LL 2 ,16'Ora 110•IIf
r.. -
:
.?
[
b t
.
w r.
M 4L
o. n
h • '? ? 4j
1A .110.99% e t
^ %
ti •
n. ?

49
1

'
J?

i' . F ' O p
,. 3 Q1 v O
M M ?
O A
M . O ,
.

.11.021. ? N
.00"101 00'1L ?.
-

0.
•1 _
Q
Y
7
J
cr-
o !I W
'o

' Q
U

'
F-
w
M
Q

0
jZ
Q
1
Q
z
(r
r -

z z a
o

I
? O ?
N O
U Q
?
g•,1
1
w
cr
co Q
w
v
Q h

((
.N 7 ?
CL J
Q
C? ?
z 11
O 8 j ,
NI,
3
O
} ?I
?..
w
w W
a
p i

!
X
w
a
a (
W
Y •

o
r
J
A }?
I
i
i
1
I
,
I
I
r
0
C
Q

v
Q v

? I

I 4

f
I r } I
?02 ..7 ?
u
r
_

hr ?
U
I
n• ?
1
i

i?
1
r
r?
1 t
1
i
I .

do ,? to
do
O J ?
i p

Q

14
?pj
? `Z U
W
?v W
0 q
v U
r.
y h

-IN
!I
r
1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEER'S
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 3, 1988
SUBJECT: File No. SAWCO88-N-028-0363

Mr. Loran Ballance and
Mr. Richard W. Brady
Post Office Box 479
Avon, North Caroling 27915
Dear Messrs. Ballance and Brady:

On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (copy enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received May 31, 1988, for
Department of the Army authorization to construct and backfill a
bulkhead on Pamlico Sound, Avon, 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 informed regarding its further
management. If there are no unresolved differences in State-
Federal positions or policies, the final action taken on your
application by the State will result in your receiving written
notice from us that your application is consistent with the
general permit and you may commence your activity. 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. SAWC088-N-028-0363 and will be coordinated by
Ms. Alison Arnold. She is available 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
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. R. (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
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
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 3, 1988
SUBJECT: File No. SAW 8-N-028-0363
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 Messrs. Loran Ballance and
Richard W. Brady for Department of the Army authorization and a
State Water Quality Certification to construct and backfill a
bulkhead on Pamlico Sound, Avon, 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 authorizing 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 a reasonable time
for State action. Therefore, if you have not acted on the request
by August 1, 1988, the District Engineer will deem that waiver has
occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely
i?
W. Ho 1 s
?J?ie tegulat ry 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
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
Please. type or print. Carefully describe all an-
ticipated development activities, including constrt
tion,texcavation, filling, paving, land clearing, an(
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
-//O Y
MAY d. )escribe the planned use of the project.
cvw CID s/N ee -cW&fle Si Nom ES /Y1A
tr (ANJ?UGTCZ? G?It/ z mod ? bTS
w ._.._.. :4Y 'ron7d oeLJ .0.4 re
1 APPLICANT.
<oRAN BA<tA,vcE ?
a. Name ??c"'0114,04 U4 BdAO?Y
Address ?! Bou 479
City 4Iron/ State Al, C,
Zip -2791-5' _J Day phone VIM'- Vr"B
Landowner or Authorized agent
b. Project name (if any
c. If the applicant is not the landowner, also give
the owner's name and address.
C?Ac c,gcC AF7. GRA Y
,Bole &¢o
/rllN7?'o ?tl , C. ,
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
L.oT *S, G 7 RECF -OR
b. City, town, community, or landmark
}4yOAt , N• C.
c. County '0AOCE
d. Is proposed work within city limits or planning
jurisdiction? YES
e. Name of body of water nearest project
,'AM L/ C O S 0OA/0
13 DESCRIPTION AND PLANNED
f, USE OF PROPOSED PROJECT
Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
_ !?eQZZr7- r°rtof?t??Ttii 7,rOAf
f"lJR.-NCR EX'-,510 n/
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
---1141E.__t? WorzAe_--- ------
c. Will the project be for community, private, or
commercial use?
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 36, 99i s.F SAS ,aearr
b. Size of individual lot(s) `" 6 - C
c. Elevation of tract above mea*nv level *7 I orfNa-
tional Geodetic Vertical. Datum 3 L f-
d. Soil type(s) and texture(s) of tract s.a,voy co,.i,7 o^v
[l,OC"10 -40" ANC O,eti AMI f G G A Y AT 4A77&W r f
e. Vegetation on tract S.44*71 1.4 ewaws
f. Man-made features now on tract Hove
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
•siNGCE F,en7ic Y RfreVCX_,Cc
i. How are adjacent waters classified? SA
j. Has a professional archaeological survey been
carried out for the tract? /Vo
If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots of parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or diswrhed.__
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
suhmitte.d to the Division of Land Resources.'
f. (',ive the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
.0._ %
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt; or concrete, to be used for paved below water level in cubic yards
sul!t*aces. c. Type of material
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetlands?
plan been submitted to the Division of En- e. High ground excavation, in cubic yards
vironmental Management? f. Dimensions of spoil disposal area
i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area
water treatment facilities.
h. Do you claim title to the disposal area?
j: Have these facilities received state or local If not, attach a letter granting permission from
approval? the owner,
k. Describe existing treatment facilities. i. Will a disposal area be available for future
maintenance??
If so, where?
j. Does the disposal area include any marshland,
1. Describe location and type of dikcharges to swamplland,tor water areas?
waters of the state (for examplepsurface runoff, k. Will the fill material be placed below mean
sanitary wastewater, industrial/commercial high water?
effluent, or "wash down"). 1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
m. Water supply source o. Will fill material be placed on marsh or other
n. If the project is oceanfront development, wetlands?
describe the steps that will be taken to main- p. Dimensions of the wetland to be filled
tain established public beach accessways or pro- q. How will excavated or fill material be kept on
vide new access. site and erosion controlled?
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
M l--i W
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)?
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap X30
b. Average distance waterwmd of mean hull water
or normal water level S
c. Shoreline erosion during preceding 12 months,
in feet - 7 /o
c-I. 'T'ype of bulkhadd material wooo CO-S- .SAcT me-r7
e. Amount of fill, in cubic. yards, to be placcol ?
helow mean high water 1.2.5
f. Type of fill material _ Sft?lvo _
Upland fill
a re, i s
Length Width Depth
$0 1%
8 ADDITIONAL INFORMATION
&OVED ?
IWQY 7Mis of previous state or federal permits issued
OCM . r,6-)r +rk on the project tract. Include permit
n1.1m ers, permittee, and issuing dates.
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument tinder which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including; plan view and
cross sectional drawings) drawn to scale in black
ink on 8 !h x I1 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of t'nis opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(4).
Name 101yy1E )eld Of 0 7-
Address e-0- 60)e 8?
i4yo,t/
vL?1/
Name
Address
114. 'etwcq
Narne -
Address --------
A check for $100 made payable to the De part-
ment of Natural Resources and Community
LTevelopmcn to cover the costs of processing the
app ication.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CER."TIV IC,A`X'ION AND PERMIS
sits t.. ` 'OiTN` ER:: ON ,AND
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is he < y of a
19 S
X
Landowner" horized agent
Send the completed application materials to the
Division of Coastal Management Office nearest You
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
N,
0
q
J
4
r
? Ir
r?
A rr
r
Q ?
0
fr
Q? rr
Ir
?i
f?
r
/? W
r, 1 w
rr ? 2
11 M1?
J
?1
11
1
C
?Y,o
g U GK ? >r?A
Ir
I
I
I W
rf ?
If ?
11 v
11 ?
?
f/
ff
fr
"11
fr
r,
r Aa
? v
?h
a
?Q
I
I
EX/ST/NC, LOT N 4-
Buc ti?,r p P.edpkwT/ 1010
QA[CRcc AA/A
M,qR l A&Sr G0m y
r
r
1
Z 1
J r #
' CvT S
1 r
r,
1
1
r
LOT?6
,r
'` 7
LO T
r
PRoP ?AVRaT
bOtJA) g
?0
)e C- 6-1c
021 vC
P,OOP0SED Q UL KNEF9 D
P0R7T AvoN suf3owisio N
AvoA/ C., ?79/S
14A Y /0, /989 Scq< F / ?l - 30
O/1Qt?nJ {3 y RICWA f0 N/. $As1vY
J It
v

t
e ?
R
? v
V
1 y

J
Z

Y

?5 1nG P f.
6N?:
Q
0
a

ti

--?-fur
}?? E ill .r ., l,• .'L Y'?
f

r

11 ?
l? O Q

I `

-~ h

?C
Q_

X
q M f .
s D
I U N
• D
Ionll• -? • •?
9.0" 's Af 1.4
.9.4a 1. 1
o ILOrr
7 6 O w ??N
10 J v (?zJ n?
w "4"
1 J11. 17rlt?y = ? ? • = •' ?' y
Of. 14. S9 k
?'. ( /pr -•?_ 21f°00'w •?,OO• 00.00 1r.00• E li
R. R F
?y ..---- 5 1'25' w
= = to?•itt °. e4 t: CF DRIyE R/w
S' ° \ • ?• Oct,
N 11".e N9.Or•?
I u to n,' `t ?0' 63,00• 13 . 00• D H 1*25 E F_-.w
7 1 ,..7 f)' f/.00' ` 11.00'
O
JO \
7 t.%% E ?' `ma`r L I N [
10 II .y Ir ~
• t w e 19 '
° II h 12 : 13 ? ? n c ? to.•t`6.•?.t• w
» 14

ear .
-
143 pact 64

Jessc ?ra?
N 89'4ZW7o"

01 (?? 1
i
W 1 WI%lie Ausfin
4 ?

J N . 9
? 2 `q ''w c
Q

?r <= ene . iracJ
h
. 1

1. P. rl 87?z?E
'
r
!. P.
139.5
ni ???s E
' B??.I O?ea?
8 ?f 5

---
cao'.1 /
D
t _
I
Y I
N w
4
I
= w
Is .?
s
.I
ww
n?+
I?
ti
?r
• ? 4
I
O
r, ?f 0
yr O
At
Yy 2
a?
?'Ir'ISl i
w
ct
a
0 v
? 11 r
,t •
•'K O' O
3.ii?ZAS
'22!
oz)
? {1D
e ? ?v
vi J4Y? oyv
i 9
1
,.
?3 1
i
y l O J
fN ? I
'o
. I z ?I
v
1

0

1
..ot
It
,
•01;
,,,
;
?
,
- w
.07
do G

1
I
.
• I • 0
A

l -.
f::
i •w-k
r ti
Z1?

-
?O '0 C•
w .. o w D
?•- M
.
.
- ? ? - ? ? .. ? • ? ~ ,00'11

10.89 N '

a - - --
'?; -- ----- -- --' - _'- _ -

j,iteta- w
M OietBM
?3
v0
+o
{1
b?.
?o
b?

.J

Q Q
Ilc
?

X

' w

Q

BIZ
OI

L

Q a
?`-
A z z
o
D z
c 'l
_
? O
> U
g;i
W
co Q W
Q

a
r J
a
3 I

II
N
z 4 g I;

• O

W }
c
W
CL

•?
w
tAi
z
Z o
a
°01
TT

t1J 1.
7
_
i
p?

?-
:. 1
y
r

o? ao
rev

+N
1? r
i• ;
I
i.
I
i?
y
CO

x
Q
8
Ni
r , °>02
log; gAl
! if
0 (14 4
*a

\
? W Q
R

V Q ?
? U
f

y e
s? .

;j

I?

.c ?

FoN ?l,
a ?
V
i
i ?
I I ?