19880063 Ver 1_COMPLETE FILE_19880101

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) f om
e- ' K'11

A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
,T office has no objection to the issuance of the permit(s) for the proposed
nrojZhat ect frith the following conditions:
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
The 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.
A?2
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT -
f `a
ACTION ADD FILE ) DFCAMA401 PSWD ) FORMAT > NRDFCAMA NEXT RCD ) 00522
ACTION ADD, ENTER DATA, REC. ADDED IS 00520 3.. '': D DATA
PRO= 00521 PROJ: EAST TENN. FRANKLIN PROP. COUNTY: DARI?:.' REGION: 0*'I,'
TYPE CERTIFICATION RECOMMEND ;.3 {•:i # #... ,.> 'i i #"4 #"# S.; :;
+:•;[ {:: , # '..
404 .'' N: 401 I'', E t:, ISSUE: Y RECEIVED:
CAMA ONLY: GC: BULKHEADS DENY: INITIAL REPORT:
7 •• ; {.. 433A f :..i...i l i FINAL REPORT: 881123
RECEIVING STREAM: PAMLICO SOUND CLASS: SA BASIN: PAS
COMMENTS:
SITE LOCATED AT 433 TREASURE COURT IN BRIGANDS BAY AT FRTSCCj
PROPOSAL BULKHEAD LINEAR OF ESTUARINE SHORELINE E AAVG. OF 17' WATERW': i•; t't
Cl #" N." 1;:! ... i l.! ALIGN WITH EXISTING A D ... { O .. 4'`! I N G BULKHEAD,'.'..'.'
t {'li.. :-i'•t'E DEVELOPED
COPIES: Wf:''€R#.3....;..I::.t! # FZ€'••i#.......33.f.#...I...,S....1.%{..:{'S

MEMORANDUM
TO: Bill Moore
FROM: Robert Abernethy
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/OR.
DREDGE AND FILL PERMIT
DATE: November 7, 1988
4/1^
CV/Zj
Attached is an application by EAST TENNESSEE FRANKLIN PROPERTIES, IN
which was received by me.on 10/24/88 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
Enclosures
OFFICE OF COASTAL MANAGEMENT Lat:35015' 45"
FIELD INVESTIGATION REPORT Long:75035145"
1. APPLICANT'S NAME EAST TENNESSEE FRANKLIN PROPERTIES, INC.
2. LOCATION OF PROJECT SITE Lot 433 Treasure Court, Brigands Ba
Frisco, Dare Co., Pamlico Sound. Photo ref. 145-389 E-3,4
3. INVESTIGATION TYPE: DREDGE & FILL .-. X CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 10/26/88
(B) WAS APPLICANT PRESENT no
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 10/24/88
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare County
LAND CLASSIFICATION FROM LUP transition
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP none
(B) AEC(S) INVOLVED: OCEAN HAZARD X ESTUARINE SHORELINE
COASTAL WETLANDS X PUBLIC TRUST
WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES NO X OTHER
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING septic tank
,PLANNED none
(F) TYPE OF STRUCTURES: EXISTING house
PLANNED none
(G) ESTIMATED ANNUAL RATE OF EROSION 31-5' SOURCE Applicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
Spartina patens coastal marsh 210 sq. ft.
(B) NON-VEGETATED WETLANDS:
Shallow-water habitat 1300 sq. ft.
(C) OTHER:
(D) TOTAL AREA DISTURBED: 1510 sq. ft.
8. PROJECT SUMMARY: Applicant proposes to bulkhead 62' of estuarine
shoreline an average of 17' waterward of NWL. Proposed bulkhead will
align with existing bulkheads on either side. 210 sq. ft. of
Spartina patens coastal marsh adiacent to the eroded area
will be filled.
EAST TENNESSEE FRANKLIN PROPERTIES, INC.
BIO REPORT
PAGE 2
SITE REPORT
The applicant currently owns a house on lot 433 of Brigands
Bay Subdivision, Dare County. A 1300 sq. ft. washout has
occurred over the last 5 or 6 years and has eroded 21' landward
of an old deteriorated bulkhead. This area is characterized by a
sandy, unvegetated beach. Ten feet of the deteriorated bulkhead
adjacent the northern property line is still in relatively good
shape and protecting the coastal marsh landward of it. This zone
of relatively high coastal marsh is characterized by Spartina
patens, Fimbristylis, and Borrechia. The upland portion of the
yard is characterized by lawn grasses, sandspurs Cenchrus SP-1
and Hydrocytle sp.
The applicant proposes to construct a bulkhead that will
align with existing bulkheads to the north and south. Applicant
proposes to backfill this washed out area which will destroy
1300 sq. ft. of shallow water habitat and 210 sq. ft. of coastal
marsh.
ANTICIPATED IMPACTS
This project will result in the filling of 1300 sq. ft. of
shallow water habitat and 210 sq. ft. of Spartina patens coastal
marsh.
CAMA REVIEW
The proposal is consistent with the transition
classification as identified in the Dare LUP.
Submitted by: Robert Abernethy
Date: November 7, 1988
wpe or print. ..1FC?=:iiti •i??l::i? 111 an, 1. 1..,•.l..:i.L l:iL i lam •
..nuu U St:
r cipated deveiopmenc acrivicies, inciuding cons
V
All Shnr 1 i nrnni nn ninntrnI
:
jn??
stormwacer control. If the requested information
OM, r,
tL
not relevant to your protect, write NiA (nor ap
plicable2. items I-i and n-y must compieted 4 LA?-D AND WATER ;
all projects. •CHARACTERISTICS
1 APPLICANT
a. Size of entire tract 125
Bissell Associates
Name
a b. Size of individual lot(s) N/A
.
Address P.O. Drawer 1068 c. Elevation of tract above mean sea level or Na-
1
City i4State N • C • tional Geodetic Vertical Datum 5-7

Zip 7Q4.,g_;Day phone [phone] d. Soil type(s) and texture(s) of tract sanay loa:
Landowner or X Authorized agent e. Vecetation on tract lawn grass
b. Project name (if any None
f. Man-made features now on tract
c. If the applicant is not the landowner, also give single family residence
the owner's name and address. What is the CANAA Land Use Plan Classifica-
Ract Menneasee Franklin lar-opArties, Inc-tion of the site? (Consult the local land use
P.O. Box 28 plan.)
Johnson City, In. 37601 Conservation XX Transitional
Developed Community
.2- LOCATION. OF PROPOSED Rural Other
PROJECT h. oned by local government?
How s t he
t a
Residen
i
•
How are adjacent waters classified? A
a. Street address or secondary road number
?' j. Has a professional archaeological survey been
Treasure Court
carried out for the tract? No
ark
ty , town, communi
b. Ci
tyL
a If so, by whom?
Bri ands Bay
ot
433
c. County Dare
d. Is proposed work within city limits or planning
5
UPLAND DEVELOPMENT

Yes
. jurisdiction.
e. Name of body of water nearest project Complete this section if the project includes any
Pamlico Sound
upl
and development. N/A
a. Type and number of buildings, facilities, or
3 DESCRIPTION AND PLANNED: structures proposed
USE `OF .PROPOSED PROJECT
b. Number of lots or parcels
a. Describe all development activities you propose c. Density (Give the number of residential units
(for example, building a home, motel, marina, and the units per acre.)
bulkhead, or pier). .
Bulkhead 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
If you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM4MP-2. tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a
isting project, new work, or both? New sedimentation and erosion control plan been
submitted to the Division of Land Resourcesl
c. Will the project be for community, private, or
commercial use? f. Give the percentage of the tract within 75 feet
Private of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
1
List the materials. suc.. as marl, pave.,:;tone.
asphalt, or concrete, to be used ?or paved
h. if applicable, has. a stormwater management
plan been submitted to the Division of En-
vironmental Nianagement?
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 example;- surface 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 XXCAVAT_ I N ..
. . O AND FILL ? ? -?
i?7?L'i LO? aM•i .t
?0
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7). N/A
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. Amc:lmr ro i,? rxC<<vat??.i "rom
? elo:v :eater ;evei in cubic yards
d. Does the area to be excavated include marsh.
land, swnmps, 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,
swamoand.'or 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.
;:? -SHORELINE STABILIZATIOl
a. Length of bulkhead or riprap 92'
b. Average distance waterward of mean high water
or normal water level 17
c. Shoreline erosion during preceding 12 months,
in feet 3-5'
d. Type of bulkhead material Wood
e. Amount of fill, in cubic yards, to be placed
below mean high water 78
f. Type of fill material sand
2

Tn j Mirinn rn the rmmr%lPrP't ar,";ir-3rinn
m(lowing irems mnsr be <nnmirre.
A copy of the deed (with state application on y or
other instrument under which the applicant claims
title to the affected property. If the appiicanc 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, pius 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 Vz 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 pan 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 consultationwith 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 Dr. J. Downs
Address 3437 ma-4-gemerry Pit
Virginia each, Va_ 234S7
Name Joe Fleming
Address P-0- Box S g 2
Hatteras. N. C. 27943
Name
Address
17f 7?__7
:LJL VL .l Vr lllYJ L.i ti Ji :3.Y1..4r yt: ll{LLLJ .JJYV4
for xr k on the ,:r .---. tract. Include permit
numcen. e--nitree. and issuing .sates.
l?tone
, check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
appiication.
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 CERTIFICATION:ANDD,?IJPERl' iI
SION .TO ENTER N:
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 the 17 day of October
19
_74; ?A.= A A-
x .!
Landowner r Authorized a c
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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Not 10 SCALE Nor 10 SCALL PAMLICO SOUND
PROPOSED BULKHEAD
OLD BLKHD- DETERIORATED
JETTY 8' LONG q
EXISTING BUAD
L CeAS?'?
?? ? • ' ' 'ERODED •AREA.'.' ' ?r ,
' ''f'`
q
`-EXISTING BULKHEAD • .
. ' ' • .....

TYPICAL CROSS SEG710N
MEAN HIGH WATER
N/F L„?,vn ?h?fS'?f DR. J. DOWNS
JOE FLEMING SAH? Swirl'
/7?4l yT/-- LOT 432
y
y
LOT 434
LOT 433
EXISTING SINGLE FAMILY
RESIDENCE ON LOT
NOTE:
SECTION LABELED, ERODED
AREA,. IS TO BE FILLED. .,
SEE TYPICAL CROSS SECTION.
C.A. 5a7' TO RADIUS
OF CUL-DE-SAC
TREASURE COURT - 50' R/W '
r
1
io 15-88 CAMA PERMIT FOR
?R
TPG
EAST TENNESSEE FRANKLIN PROPERTIES INC.
°30' LOT 434 - BRIGANDS BAY
SUBDIVISION.
o- 0
FRISCO DARE COUNTY NORTH CAROLINA
BISSELL ASSOCIATES RECEI
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oN PAMLICO SOUND

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MAIFR UN

VICINITY MAP TYPICAL CROSS SECTION
THROUGH PROPOSED BULKHEAD
NOT TO SCALE NOT TO SCALE
PAMLICO SOUND
PROPOSED BULKHEAD
OLD BLKHD-DETERIORATED
JETTY 8' LONG A' ?---?_
........ •' .. EXISTING BULKHEAD
N
ERODED AREA.
TIN
BULKHEAD ' ' ' ' '
XI
' -
S
G
E
- x.6.2'....
..
TYPICAL CROSS SECTION
MEAN HIGH WATER
N/F
N/F DR. J. DOWNS
JOE FLEMING
LOT 432
LOT 434 LOT 433
EXISTING SINGLE FAMILY
RESIDENCE ON LOT
NOTE:
SECTION LABELED, ERODED
AREA, IS TO BE FILLED.
SEE TYPICAL CROSS SECTION.
C.A. 5a7' TO RADIUS
OF CUL-DE-SAC
TREASURE COURT - 50' R/W '
DAN

10 0-15-88
CAMA PERMIT FOR
oR
TPG EAST TENNESSEE FRANKLIN PROPERTIES INC
.
lw-ffi3o'

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LOT 434 - BRIGANDS BAY SUBDIVISION
Na
PR
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FRISCO DARE COUNTY NORTH CAROLINA
BISSELL ASSOCIATES REcov
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