19880017 Ver 1_COMPLETE FILE_19880101

Permit Class
?pJ STATE OF NORTH CAROLINA
Department of Natural R gour nd Community Development
A Mai

a Excavatio rorfifl g:15 uarit to NCGS 113-229
Issued to James & Gail Bredeen, 66 Wilson Avenue, Valhalla, N. Y. 10595
Permit Number
168-88
authorizing development in Dare County at the Pamlico Sound, Lot 150, Brigands
Bay, Frisco, NC as requested in the permit tee's application dated 6/13/88 including
attached plat, 1, no date.
This permit, issued on is subject to compliance with the application (where consistent
with the permit), all applicable re lations, 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 proposed bulkhead will be positioned on an alignment landward of all
coastal marsh and "404" type wetlands. In order to prevent a violation
of this condition, representatives of both the Corps of Engineers and Division
of Coastal Management are available to stake the permitted alignment.
(2) The bulkhead must be solid and constructed of treated wood, concrete slabs,
metal sheet piles or other suitable materials approved by department personnel.
No excavation is permitted, except for that which may be required for the
construction of the bulkhead wall, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
(3) The bulkhead must be structurally tight so as to prevent seepage of backfill
materials through the bulkhead.
(4) The bulkhead must be constructed prior to any backfilling activities.
(5) 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. (See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 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.
LiZ2
David Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
James & Gail Bredeen
ADDITIONAL CONDITIONS
Permit #168-88
Page 2 of 2
(6) All backfill material will be obtained from a highground source and confined
behind the permitted bulkhead.
(7) The filled area will be properly graded and a ground cover sufficient to
restrain erosion will be provided on all exposed areas within 30 working
days of project completion.
(8) The activity will be conducted in such a manner as to prevent significant
'increases in turbidity outside the area of construction or construction-related
discharge.
NOTE: Future development on the permittee's property may require a modification
of this permit. Contact a representative of this Division at 919/264-3901
prior to commencement of any such activity for this determination.
NOTE: Prior to any upland filling, all 11404" areas should be staked by a represen-
tative of the Corps of Engineers.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 25, 1977, for bulkhead construction.

.«
,. DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application,for Stated Federal CA? Pe=it(s) from
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 ro the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture. -
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
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
?- J No. 1272 issued on November 10,
1978, for bulkhead construction.
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E)
C) No. 1273 issued on November 10, F)
1978, for discharges of liquid
effluent from diked upland disposal
areas.
No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
No. 1665 issued on September 19,
1983, for incidental bridge
construction.

WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

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ACTI ON ADD , ENTER DATA, REC. ADDED IS i 00447 FR D DATA
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PROW : 0044 8 PR OZ BREEDEN, JAMES i..:O,.JNr. j•tl.: tr. };'`7:
ASSIGNE D TO: r..... t''1 ? J OINT NOTICE: N
TYPE CERTIFICATION RECOMMEN D DATE S YYMMD0

C AMA ONLY: ;: BULKHEAD.'-.".'
DENY:
INIT
IAL REPORT:

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LOCATED
AT BRIGANDS BAY SUBDIVISION
NEAR
PROPO SED BULK HEAD 80 Ll::'
< ONE ACRE DE VELOPED
COPIE S, WARO- CENTRAL-MILLE-DCM

WASHINGTON OFFICE
MEMORANDUM 21 1988
' TO., Bill Moore
FROM: Robert Abernethy
SUBJECT: APPLICATION FOR LAMA MAJOR PERMIT AND/OR
DREDGE AND FILL.PERMIT
DATE: July 18, 1988
Attached is an application by JAMES F. BREEDEN
which was received by me on 6/20/88
I am considering
this application complete, have acknowledged receipt, and have h?
_!?un
processing.
If you have any questions,-do not hesitate to contact me.
/ylI
WASHINGTON GFFtG.
MEMORANDUM 2 "1988
TO! Bill Moore
FROM: Robert Abernethy
SUBJECT: APPLICATION FOR LAMA MAJOR PERMIT AND/OR
DREDGE AND FILL-PERMIT
DATE! July 18, 1988
Attached is an application by JAMES F. BRt'EDEN
which was received by me on 6/20/8$
I am considering
this Application complete, have acknowledged receipt, and have hP
.nun
processing.
If you have any questions,-do not hesitate to contact me.
OFFICE OF COASTAL MANAGEMENT Lat:35 16' 00"
FIELD INVESTIGATION REPORT Long:75 35' 45"
1. APPLICANT'S NAME JAMES F. BREEDEN
2. LOCATION OF PROJECT SITE lot 150 Brigands Bay Subdivision, Frisco
Dare Co., man-made canal off Pamlico Sound. Photo ref.145-390 C-20
3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT July 7, 1988
no
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 6/20/88
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare
LAND CLASSIFICATION FROM LUP transition
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP none
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST WATERS
ESTUARINE WATERS OTHER
(C) WATER DEPENDENT: YES NO X OTHER
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
E) TYPE OF WASTE WATER TREATMENT: EXISTING no
F) TYPE OF STRUCTURES: EXISTING none
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE applicant
7: HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
M NON-VEGETATED WETLANDS:
(C) OTHER:
upland habitat
(D) TOTAL AREA DISTURBED:
X2700 sq. ft.
2700 square feet
8. PROJECT SUMMARY: Applicant proposes to bulkhead and backfill
V 80' of estuarine shoreline landward of all wetland vegetation.
JAMES F. BREEDEN
BIO REPORT
PAGE 2
SITE REPORT
Applicant owns lot 150 Brigands Bay Subdivision, Frisco,
Dare County. Applicant's lot is located on a man-made canal
connecting to Pamlico Sound and has experienced some erosion over
the years. A fringe of coastal marsh currently borders the
canal. This 30' fringe is dominated by Juncus roemerianus,
Spartina patens, Spartina alterniflora and Iva frutescens. The
upland portion of the lot is characterized !Ty--a dense growth of
Baccarus halimifolia, Spartina patens, Vigna spp., Ipomea spp•,
Borrichia spp., and scirpus with a scattering of wax myrtle Myrica
cerifera, and red cedar Juniperus virginiana.
Brigands Bay is characterized by a rolling topography
resulting from irregular leveling of dredge material in the past.
This topography has resulted in pockets of 11404" wetlands
scattered throughout the subdivision. A "404" determination has
not been made on this lot.
Applicant proposes to bulkhead and backfill 80' of estuarine
shoreline landward.of all coastal marsh.
ANTICIPATED IMPACTS
With the placement of the bulkhead and backfill landward of
the coastal marsh, only the upland area and any isolated 11404"
areas identified by the U.S. Army Corps of Engineers will be
impacted.
CAMA REVIEW
This proposal is consistent with the transition
classification as identified in the Dare LUP.
Submitted by: Robert Abernethy
Date: July 18, 1988
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
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.
1 APPLICANT
a. Name ,1 _17? Z S /2.41L fi92 j!5 '.F,U
Address
City ZU4 lfA,4_1R State X Y
Zip Day phone
_X Landowner or Authorized agent
b. Project name (if any)
If the applicant is not the landowner, also give
,Kc thewner's name and address.
, i7 c / h c' ? -Tc d
7 /3G i
2 LOCATION" OF PROPOSED
PROJECT.
a. Street address or sec dary road umber
b. City, towns community, or landmark
c. Coun
hin city limits or planning
d. Is proposed woyi?
jurisdiction? e. Name of body of water nearest ro'ect
6xgI(P- L2 s1?, M,().
3 DESCRIPTION AND PLANNED
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
.CgAT??Q? s /,27:57 ,/l(' 9 7
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an e -
isting project, new work, or both? /"U
.c. Will the project be for community, private, or
commercial use?ft ,4
d. Describe the planned use of the project.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s)
14, a t5z) -AZ-
C. Elevation of tract above mean sea 1 vel or Na-
tional Geodetic Vertical Datum ei'
d. Soil type(s) and texture(s) of tract
T/ L 4.
e. Vegetation on tract
f. Man-made features now on tract
g. What is the CAMA Land Use Plan Classifica-
7 tion of the site? (Consult the local land use
plan.)
6 7 Conservation Transitional
Developed Community
Rural Other
h. How is the tra t zoned by local government?
--
i. How are adjacent waters classified?
j. Has a professibnal archaeological survey been
carried out for the tract?
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 or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
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
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.
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
surfaces. c: Type of material

h.
If applicable, has a stormwater management d. Does the area to be excavated include marsh-
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 discharges to. swamplland,'or water areas?
waters of the state (for example;-surface 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 otker
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 r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragline, backhoe, or
first habitable floor? hydraulic dredge)?
6 EXCAVATIONAND. FILL
"'A
INFORMATION f ' s. Will wetlands be crossed in transporting equip-
t
ment to the project si
e? If yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmental impacts.
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
? ?7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean igh water
or normal water level
'c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material 5:41 T Tft?--F W?:20
e. Amount of fill, in cubic yards, to be laced
below mean high water /lDilJ
f. Type of fill material 4?.y tl?r/? i G
2
g A '3?1 ?v L INF'ORMAT
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 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 V2 x 11 white paper. (Refer to Coastal ,
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 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-J0 V0-E= //u/X OAIRli S 4Df*/W
Address 19, /D t3 X /A .? 7
e D X BD l2 O WK?_ ,Z z?73
Name L . p D0¢45:
Address 3
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
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).
19' f CERTIFICATION AND,. PERMI
r SION TO INTER ON . IAND't
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 the ? ? y of I.U.109 ,
19 ??
tip e
X
La owner or Authorized gent
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.
3
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