19900140 Ver 1_COMPLETE FILE_19900101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor April 24, 1990 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director
Mr. Tracy Austin
c/o Top Dollar Seafood
Hatteras, North Carolina 27943
Dear Mr. Austin:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Boat Basin, Access Road, and Docks
Tracy Austin
Muddy Creek
Dare County
Attached hereto are two (2) copies of Certification No. 2454
issued to Mr. Tracy Austin dated April 24 1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
George T. Everett
Director
Attachments
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. John Parker
Pbllution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4 -4

Dare County
NORTH CAROLINA
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Mr. Tracy Austin pursuant to an application filed on the 29th
day of March, 1990 to excavate a canal, and boat basin, construct
an access roadway, fill a trash pond, repair a bulkhead, and
construct docks.
The Application provides adequate assurance that the
discharge of fill material into the waters of Muddy Creek and
wetland areas in conjunction with the proposed construction
activity in Dare County will not result in a violation of
applicable. Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
42-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that. the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. That the trash and debris in the trash.pond must be
removed and transported to a permitted landfill for
disposal prior to any filling activity. The
materials in the trash pond in close proximity to
State waters may present water quality problems if
buried by fill material on site.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 24th day of April, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Aeorge T. Everett, Director
WQC# 2454
r
• r

DF/CAMA/401 REV
PROJ#: 0108a4 PROJECT: AuaZ'ri
ASSIGNED TO: DEBORAH SAWYER
TYPE CERTIFICATION
404 PN 401 REQ:
CAMA ONL : GC:
DF/CAMA SWPRE :/d
RECEIVIN STREAM:
COMMENTS: V
a?e,-. •?.a.,a-?.?cv Gch?
COUNTY : Oa-t o REGION:
JOINT NOTICE:x
RECOMMEND DATES
ISSUE: RECEIVED: '7003 2,9
DENY: INITIAL REPORT:
HOLD- FINAL EPORT:V6c4l:
CLASS: SG BASIN: -PA-5

r?
? ,1. PQ??gg f
cli
Copies: WaRO - Central - - DCM
Washington
Elizabeth City
Morehead City
John Parker, Raleigh Central
} OFFICE OF COASTAL MANAGEMENT Lat:36°13'30"
FIELD INVESTIGATION REPORT Long:75041110"
1. APPLICANT'S NAME Tracy Austin
20 LOCATION OF PROJECT SITE S R 1238 off S.R. 1237 Hatteras, Dare Co
Mudd Creek Photo Ref. #147-386 19M + 19N
3. INVESTIGATION TYPE: DREDGE & FILL X CAMA x
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 2/1/90 3/20/90
(B) WAS APPLICANT PRESENT yes_ no
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 3/19/90
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Dare County
LAND CLASSIFICATION FROM LUP Conservation and
transition
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP
Development of conservation lands is appropriate where it can be
shown that the "proposed development will not destroy or
irretrievably alter a)wetlands."
(ET)- AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE -x
COASTAL WETLANDS x PUBLIC TRUST WATERS x
ESTUARINE WATERS x OTHER
(C) WATER DEPENDENT: YES x NO OTHER
(D) INTENDED USE: PUBLIC PRIVATE x COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING none
PLANNED none
(F) TYPE OF STRUCTURES: EXISTING none
PLANNED none
(G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE a plicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS
404 wetlands
coastal wetlands
(B) NON-VEGETATED WETLANDS:
shallow water habitat
trash and
(C) OTHER:
upland spoil area
upland basin
(D) TOTAL AREA DISTURBED:
8. PROJECT SUMMARY: Applicant
shallow water habitat to a dept
basin in high ground and repair
will provide docK
proposes to fill
for an access roa
DREDGED FILLED OTHER
300sq.ft.
20sq. ft.
10,150sq.ft.2240sq.ft.
1500sq.ft.
13,200
3000sq.ft.
30410 sq.ft., .70 acres
•oposes to excavate 10,150
of -6 MSL, excavate _a 110'
:30 linear ft. of bulkhead.
cilities for
Osq.ft. tras
Applicant a
3 300sa.ft. of
a.ft. of _
X 25' boat
Applicant
wetl

Tracy Austin
Bio Report
Page 2
SITE DESCRIPTION
The applicant currently is attempting to purchase a 2.1 acre
site for the purpose of developing a docking facility for fishing
vessels that fish for Top Dollar Seafood. Top Dollar Seafood is
located across the small canal to the North East.
The site is located off S.R. 1237 in the Village of
Hatteras, Dare County, NC and is located on Muddy Creek.
The site is currently bulkheaded, however the bulkhead along
the small canal was never backfilled and is approximately 5'
waterward of NWL. Scattered patches of j tina patens and
Juncus roemerianus are found behind the bulkhead. No patch is
larger than 2 or 3 square feet and the total area is less than 20
square feet.
The property is predominately upland with loblolly pine,
Spartina patens, Juncus roemerianus, cedar and lawn grasses the
dominant species. A 1500 sq.ft. pond is located on the property
and is currently used as a dump by the neighbors. A 404 wetland
area is located on the eastern corner of the property and this
Spartina patens, Baccharis sp. dominated wetland grades into a
Spartina patens coastal marsh at the head of the canal.
The applicant proposes to excavate the small canal to a
width of 20' and a depth of -6' MSL. The current depth is -2'
and it will connect to Muddy Creek which is permitted to be
dredged -4.51. The applicant also proposes to dredge a 20' x
110' x -6 portion of Muddy Creek and a 110' x 25' upland basin.
The basin and canal bulkhead will be replaced for a total length
of 4301. Applicant proposes to go 2' waterward of the old
bulkhead to replace the old bulkhead.
The excavated basin will contain 4 finger piers 6' x 15' and
a 6' pier around the inside of the entire basin and small canal.
Mooring piles will be positioned no more than 10' waterward of
the current alignment along Muddy Creek.
The applicant proposes to gain access to the property by
filling a road across 300 sq. ft. of 404 wetlands and through
a trash filled pond. The applicant proposes to mitigate this
impact by recontouring a 1400 sq.ft. piece of highground
dominated by live oak and cedar and allowing 404 vegetation to
recolonize the site. The trash pond will be filled to upland
elevation.
Once the road crosses the pond, it will straddle the
property line and provide access for both neighbors.
.y
Tracy Austin
Bio Report
Page three
ANTICIPATED IMPACTS
The dredging of the channels will result in the destruction
of 10,150 sq.ft. of shallow water habitat in a manmade canal and
previously permitted project. The upland basin will create
13,200 sq.ft. of estuarine and public trust waters. The access
road will fill 300 sq.ft. of 404 wetlands, 1500 sq.ft. of trash
pond and convert 1400 sq.ft. of upland to 404 wetland.
The bulkheading of
result in the filling of
habitat and 20 sq.ft. of
than 10' out into Muddy
width.
CAMA REVIEW
430 feet of estuarine shoreline will
320' x 7' = 2240 sq.ft. of shallow water
coastal marsh. Pilings located no more
Creek will block 15% of the creek's
The Dare County land use plan defines all 404 wetlands as
conservation. The LUP allows appropriate development where it
can be shown that the "proposed development will not destroy or
irretrievably alter a)wetlands".
Tracy Austin
Bio Report
Page three
ANTICIPATED IMPACTS
The dredging of the channels will result in the destruction
of 10,150 sq.ft. of shallow water habitat in a manmade canal and
previously permitted project. The upland basin will create
13,200 sq.ft. of estuarine and public trust waters. The access
road will fill 300 sq.ft. of 404 wetlands, 1500 sq.ft. of trash
pond and convert 1400 sq.ft. of upland to 404 wetland.
The bulkheading of 430 feet of estuarine shoreline will
result in the filling of 320' x 7' = 2240 sq.ft. of shallow water
habitat and 20 sq.ft. of coastal marsh. Pilings located no more
than 10' out into Muddy Creek will block 15% of the creek's
width.
CAMA REVIEW
The Dare County land use plan defines all 404 wetlands as
conservation. The LUP allows appropriate development where it
can be shown that the "proposed development will not destroy or
irretrievably alter a)wetlands".
- Please type or print. Carefully describe all an. d. e&guse of the proje? .
Des ' &
ticipated development activities, including construc- ,
`??
tion, excavation, filling, paving, land clearing, and S S
stonnwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
4- - LAND AND WATER
all projects.
-- CHARACTERISTICS ' .

1 .:APPLICANT'-
a. 2 I ?-
Size of entire tract '
I
5 T sti
a. Name b.
c. Size of individual lot(s) _ A
Elevation of tract above meansea level or N
AddreDoUo6i
City State ni• C
me-lfrQel?',
d. tional Geodetic Vertical Datum -
Soil type(s) aipd texture(s) of tract ,
Zip Day phon }nph
SCl
Landowner or Authorized agent
b. Project name (if any) None- e. Vegetation on tract tXAL-;-\
f tures now on tract
ad e
c. If the applicant is not the landowner, also give • a
tU
a
the ow?+nc?tr' name sand address. g. at is the CAMA Land Use Plan Classifica-
Wh
Esko- °i LeyLv\ &' S+0we - tion of the site? (Consult the local land use
? _
1 A e_rt<< /J.i2. Z7943 plan.)
Conservation ? Transitional
Developed Community
2 LOCATION OF PROPOSED Rural Other
PROJECT h. How is the tract zoned by local government?

i. r
How are adjacent waters CIOSEA- s e
a. Street address or secondary road number j. Has a professional archaeological survey bee
b.' Ci cbmmr}ity, or landmark
ty, to , u carved out for the tact? A O
If so, by whom? a« 6J75. % 7-D
5 c? O
c. County D AV 2
d. Is proposed work ithin city limits or planning _.,.+» •:;:.
5 UPLAND DEVELOPMENT";*;N
jurisdiction? e
e. Name of b y of wi er nearest project Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
3 DESCRIPTION AND PLANNED, structures proposed tqe me:
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, buildins a ome, otel, man
bulkhea , or pier).ZOWt e -{rOAPo and the units per acre.) ? 01np
ev,a Ce "Ca a ccnr Lh9
v 0 i d. Size of area to be graded of disSurbe
. " ctCre- 5 o4- d.vOcCl spoiL
e w e. If the proposed project will disturb more than
LS 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 DCM-MP-2. tation control plan at least 30 days before land
b. Is the proposed activity maintenance Of ex- disturbing activity begins. If applicable, has a

ing proj ct, new wor , or b?othf `j
fist
sedimentati
on and erosion control plan been
WW Q"X%Y_1

W
ll th
b
f

subt
i
to e
'
Divjsio
l
La RTo
uEces
n
i
or community, private, or
c.
e project
e L
e
s
?
r
?
rl?Cl?G2
commercial use?
COv+?w?ey*tcatCyw?nnur?i?y f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
--
e r
? 4
e
'
Ow
.
buildings, or rooftops.
( w
g.
h.
List the materials, such as marl, paver st1n%E0rV D b.
asphalt, or co c ete, co be used for paved
surfaces. 'qb c.
19 d.
If applicable, has a stormwater management '
plan been submitted to the Division f En- e.
t Mana emend N ? f
Amount of material to be excavated qog
below water level in cubic ayards
Type of material 5cl"`
Does the area to be excavated include marsh-
land, swamps, or other wetlands? LL
High ground excavation, in cubic yards
! f 5
Dimensions of spoil disposal area
Location of sppil disposal area __
vtconmenca g
i. Describe proposed sewage disposal and/or waste
_?.?L_. -
water treatment facilities.
j. Have these facilities?teceived state or local
approval? N /n•
k. Describe existing tr tment facilities.
M.
n.
g•
h. Do you claim title to the disposal area? ' S
i.
Describe location and type of dispharges to
waters of the state (for examples surface runoff, k.
sanitary wastewater, industrial/comtrlerc121
A nt, or "w h down"). - UJccs rna rn 1.
7 \/eSSd5 Ov\?V M.
n.
Water supply source ` ?TItrN
If the project is oceanfront development,
describe the steps that will be taken to main- p.
tain established public beach accessways or pro- q-
vide new access.
/Ps
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mea a level of the used (for example, d gline, backhoe, or
first habitable floor? hydraulic dredge)? vcLv?2
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) 3Z?' 20 -(Dw\J
Boat basin/5UP- 10-45'
O - Z 5 '
-(c rAU J
Other (break-
ier
water
11$'
,
, p A11 4,
boat ramp,
rock jetty) P"-s
Fill placed in 3za ??
Mi
wetland or below Co O 5 ,
7
MHW 3?- ,
Upland fill
areas
Will wetlands be crossed in transporting equip-
ment to the project site? "0 If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance?/ des -
If so, where? SQvti?e C LS can 0(rA • C '°^?e -
Does the disposal area include any m Thland,
swampland;or water areas) /500 s r pov\c
Will the fill material ¢e pl ced be ow ea
high water?
Amount of fill in cubic ya?s.30
Type of fill material
Source of fill maceri2l fty y'? ?rcc?vc? lon
Will fill materi l be laced on marsh or other
wetlands? U" 0.p i-n Qdx0\r
Dimensions of the wetland to be filled ?./
How will excavated or fill material bq kept on
site nd erosion controll ? h
vT j4' 1? Gw i? v -
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap ! !O n a.) 3Z0 O?
b. Average distance waterward of m 7n hig water
1
or normal water level 'Y)Cw 0
c. Shoreline erosion during preceding 12 months,
in feet D
d. Type of bulkhead material zSC&S-A e w
e. Amount of fill, in cubic ards, to be placc?ed II
S A
below mean high water Oyu CJtst?: L
f. Type of fill material SCA"-v-
S ADDITIONALANFORMAT ION
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 1/z 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 U(SU(ck _Q? (seLL
Address T IrlaC ot Q
fRi e CT. ogyE577
Name v l 5 F
Address P. Q. Bow
Pat eras M.C 7
Name Cav v ern
Address C/O I f e te s l o,, v w.
I-kitk-ICLS AJ . C. 7 9q3
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
a )Lv\Q
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 bn 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 AND PERMIS-
SION TO ENTER ON LAND"' y
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.
1 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 k day of /?E6ZU6Z)?
19
i sac
Lan weer or Authorized 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.