19900149 Ver 1_COMPLETE FILE_19900101

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
William W. Cobey, Jr., Secretary
Mr. Olin Finch
Avon Soundside Partnership
No. 9 Sandy Ridge Rd.
Duck, North Carolina 27949
Dear Mr. Finch:
This letter is in reference to your application for a major modification of
CAMA Permit No. 19-89 to complete your Spencers Creek project. We regret that
processing has been drawn out for an inordinate length of time. And
unfortunately, at this late date, it is necessary to cease processing because
a key agency requires additional information.
We have recently been informed by the Division of Environmental Management
that critical information necessary for that agency's review of stormwater
management for your project has not been provided. Under Rules of the Coastal
Resources Commission, this office is authorized to place application
processing on hold pending submittal of adequate information. Additionally,
we will be requesting, by copy of this letter, that the Division of Health
Services supplement its first comment on sewage treatment and tell this office
of the probability of approval of your proposed sewage treatment system.
Should you have any question on this matter, do not hesitate to contact this
office or key contact in DEM or Health Services.
Very sincerely,
John Parker, Jr.,Chief
Major Permit Processing Section
cc: Bill Mills
Division of Environmental Management
Linda Sewell
Division of Health Services
Robert Abernathy
Division of Coastal Management
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
V.-

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
January 22, 1990
James G. Martin, Governor
William W. Cobey, Jr., Secretary
MEMORANDUM
TO: John Parker
FROM: Bill Mills
SUBJECT: Application for CAMA Permit
Olin Finch (Avon Soundside)
Dare County
R. Paul Wilms
Director
The Subject application has been reviewed for water quality
impacts and the following comments are offered:
a) This proposed project will not require a Water Quality
Certification.
b) The stormwater runoff management plan submitted by the
applicant has been returned to him on January 10, 1990,
as incomplete. The applicant's consultant advises that
the project design is expected to be revised and there
is quite a bit of uncertainty as to how the design will
affect the ability to conform with stormwater rules in
15 NCAC 2H .1000.
c) It is recommended that the CAMA Major Permit not be
processed further until a complete stormwater runoff
management plan has been submitted.
BM/kls
cc: Jim Mulligan
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
El

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V-
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889

i
James G. Martin, Governor Lorraine G. -Shinn
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 10, 1990
Mr. Olin Finch
No. 9 Sandy Ridge
Duck NC 27949
SUBJECT: Stormwater Approval
Island Creek
Dare County
Dear Mr. Finch:
After talking with Mr. Sean Boyle, Quible and Associates, It is my
understanding that the final design for your proposed development has
not been decided. I am returning the site plan and the low density
form that was submitted to this office.
Please submit a site plan and appropriate information when the
proposal is finalized.
If you have any questions or need assistance, you may contact our
office at 919/946-6481.
Sincerely,
William J. Moore
Environmental Engineer
WJM/cm
cc: Quible & Asso iates
Bill Mills
Deborah Sawyer
Div. Coastal Management
P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone [phone]
• i ^ -- - ntr.. AFfi-ar;.:r Art-inn Fmninver
&'V141aL
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DIVISION OF ENVI ANME TAL MANAGEMENT
Z- 1 6r'
NOV 2 21989
D. E M.
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer,-Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review
Pro j ect : ?rr?.-+?e?/?.
Project No.
D 7 Z-
Date Received: ,R I L ! z/
Initial Date Comment:
-v
Description of Project: _

Comments:
RECEIVcD
k ASHINGTON OFFICE
NOV 2 2 198
NKLATA DF! CA IA/40 1 i'. 1?4.ll _ ? to r. le
ACTION > - FILE > DFCAMA404 PSlJD > FORMAT > 4• RDFCAMA NEXT RCD. > o000
ACTION! = ADD, ENTER THE DATA TO BE STORED FRD DATA
PROJ; : 007c/2. PROJ : J'••-? 6'e4' COUNTY : ;tcLp REG ION : C-7
ASSIGNED JOINT NOTICE:
TYPE CERT1171CATION RECOMMEND DATES YYMMD
7zl
404 PN : 401 REQ : ISSUE: RECEIVED' W72-1
CAMA ONLY: ? GC: DENY- INITIAL REPORT: UF/CAMA : SEC : S W1--'I--:EGA HOLD FINAL I EPORT :
F:EC1-1. ti 1'.NG STR E-im : I? C_H?S : ?S BASIN*
COMMENTS
0. nw _ ..,? n
60

El l /j Z
?JV ??

NKDATA DF/CAMA/40S REV DATE 01/04/8(-3
ACTION! > - FILE > DFCAMA40i PSWD > FORMAT > NRDFCAMA TEXT RCD. > 00000
ACTION! = ADD. EATER THE DATA TO BE STORED FRD DATA
PROJ; : 0(3742-PROJ: COUNTY: Oo-19 REGION!:
ASSIGNED TO: ? JOINT NOTICE: Al
TYPE CERTIFICATION! RECOMMEND DATES ?'YMMDD
404 {? N : 401 REG : ISSUE- RECEIVED: 91201f 2
CAMIA 01? 1_Y : GC: DENY: INITIAL REPORT: F91/07
DF/CAMA : SECT : SIA117, %EQ : y HOLD: ? FINAL R 1---'P t
,.
fE?,r_a. ? 1:NlG STREAM: CLASS: BASIN: )),4qn -
COMMENTS
ccl? : "126 - alll? - - ?)
J 1.. ?
may, L? ..?•r
RECEIVE"
WASHINGTON NGTO NGTON OFF166
•°° ?' ;SEP 21 1989
E M.
.. State of North Carolina D.
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 Director
Mr. R. Paul Wilms, Director
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached copy of an application submitted by:
Olin Finch-Avon Soundside
Applicant's Name
Avon
Location of Project
Dare
County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
X 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 October 9, 1989
Sincerely,

JRP:ap:2480
h R. Parker. -> Chief
>
Majo Permits Processing Section
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

(A)
(B)
(C)
(D)
phis agency has no objection to the project as proposed.
This agency has no comment on the project as proposed.
This agency approves of the project (or project concept) and/or recommends
these minor refinements for project management.
This agency objects to the project and recommends permit denial'based on a
finding of:
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e) (1) ... that there will be significant (e) (2) ... that there will be signifi-
adverse effect ofthe proposed dred- cant adverse effect on the value
ging and filling on the use and enjoynent of the property of
of the water by the public; arW riparian owners;
(e)(3) ... that there will be significant (e)(4). ... that there will be'signifi-
adverse effect. on public health, cant adverse effect on the con-
safety, and welfare; servation of public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(1) 'Inconsistency with Rules of the Coastal Resources Commission
as 'enumerated in 15 NCAC 7H (or other). Please site
rule.
(3) Inconsistency with the local Land Use Plan (Please elaborate).
(4) Inconsistency with Rules, Guidelines or Standards of
this agency or a finding that the project is in conflict
with other authority or interest as stipulated below.,'
(E) Attachment. Include memorandum or other documentation that support.
findings relating to D1-4 or provide general comments.
Signature
ate
..swco
?EC€ vac
WASFIINGTd(f OFFICE
ESEP 2,1 1989
State of North Carolina D. E U.
` Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, GovernorDavid W. owens
S. Thomas Rhodes, Secretary Director

Mr. R. Paul Wilms, Director
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached copy of an application submitted by:
Olin Finch-Avon Soundside
Applicant's Name
Avon . Dare
Location of Project;. County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CARA major
development perm*t...
X 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 October 9, 1989
Sincerely,
h R. Parker, Jr., Chief
Majo Permits Processing Section
JRP:ap:2480
r
PO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
g
ar
(AY, This has no objection to the project as proposed.
(B) .This agency has no comment on the project as proposed.
(C) This agency approves of the project (or project concept) and/or recommends

these minor ,
refinements for project management,
(D) This agency
finding of: objects to,the project and recommends permit denial based on a
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e) (1) ...,that therewill be significant (e) (2) ... that there will be signifi-
adverse effect of-the proposed dred- cant adverse effect on the value
ging and filling on the use and enjoynent of the property of
of the water by the public; arty riparian owners;
(e) (3) ... that there will be significant (e) (4), ... that there will be'signifi-
adverse effect on public health, cant adverse effect on the con-
safety, and welfare; servation of public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(1) Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site
rule.
(3) Inconsistency with the local Land Use Plan (Please elaborate).
(4) Inconsistency with Rules, Guidelines - or Standards of
this agency or a .finding that the project is in conflict
with other authority or interest as stipulated below
,,,,
..
(E) Attachment. Include memorandum or other documentation that support
findings relating to 01-4 or provide general comments.
Signature
ate
4

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects. '
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Both
c. Will the project be for community, private, or
commercial use?
1 Applicant private residential
a. Name Avon Soundside Partnership
d. Describe the planned use of the project.
Address #9 Sandy Ridge,Road A 14-single-family-home subdivision
City Duck State NC '
Zip 27949 Day phone (.919)261-8710
X Landowner or Authorized agent
b. Project name (if any) N/JI?
c. If the applicant is not the landowner, also give the
owner's name and address.
N/A
2 Location of Proposed Project
a. Street address or secondary road number
Highway 12
b. City, town, community, or landmark
Avon
c. County Dare
d. Is proposed work within city limits or planning
jurisdiction? Yes
4 Land and Water Characteristics
a. Size of entire tract 5.36 acres
b. Size of individual lot(s)t/- 17,000 sq. ft.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
3.58' .
d. Soil type(s) and texture(s) of tract
Corolla and Duckston.fine sands - Carteret
soils high
e. Vegetation on tract Myrica cerifera, Pinus taeda,
Querus virginiano.,
f. Man-made features now on tract 14' x 150' bridge
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
How is the tract zoned by local government?
?^1
e. Name of body of water nearest project h
Spencer's Creek adjacent Pamlico Sound
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). 14 single!-family residences with
one retail office building, bridge,
piers lkheads
i. How are adjacent waters classified?
S-A
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
N/A
b
br
w- 1
5 ?.f d Development
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 15
b. Number of lots or parcels 14
c. Density (Give the number of residential units and the.
units per acre.) 2.61 per acre
d. Size of area to be graded or disturbed
2.5 acres •
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? es
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings; rooftops.
16.21%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
ahalt, gravel and concrete
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Yes
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
on-site low-pressure sewage disposal
j. Have these facilities received state or local approval?
Site has. been aWnmMd for.dyninfi•e]r]
k. Describe existing treatment facilities.
None
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). None
2
m. Water supply source CaPe Hatteras Water Assoc.
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
V/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea.level of the first habitable
floor? N/A
6 Excavation And Fill Information
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other -
wate pier,
boat r p,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill 57,585
areas . s!• ft.
N/A
N/A
230' 6'
C)
on high ground
ro
b. Amount of material to be excavated` from below
water level in cubic yards 0
c. Type of material N/A'
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
None

f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance?_ N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N/A
in. Type of fill material _ N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands?_ N/A
p. Dimensions of the wetland to be filled
N/A
c. Shoreline erosion during preceding 12 months, in
feet+/- 2'
d. Type of bulkhead material salt-treated timber
e. Amount of fill, in cubic yards, to be placed below
mean high water 0
f. Type of fill material N/A
8 Additional Information- -:
In addition to the completed application form, the follow-
ing 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 forward a copy of the
deed or other instrument under which the ownerlaims
title, plus written permission from the owner to'&hy out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resource
Commission Rule 7J.0203 for a'detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? N/A
s. Will wetlands be crossed in transporting equipment
to project site? Yes, If yes, explain steps that will
be taken to lessen environmental impacts.
Use existing road and bridge
7 Shoreline Stabilization
a.. Length`ofW or riprap 5351
b. Average distance waterward of mean high water or
normal water levelt 20 I landward of mean
Jugh water
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 applicant. (Contact.the
U.S. Army Corps of Engineers regarding 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 personnel 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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
'the proposed project to the Division of Coastal Manage-
ment and should be advised by theapplicant of that op-
portunity.

N, M net' 4 -.Atlant_`c Estabg
Address __ iPost Office Box 250 9 certification, and Permission
Hatteras. North Carolina 27943 to Enter on land
Name (see above) Any permit issued in response to this application will
Address ownersn*i both sides 'o pro3ec allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
Name
Address I certify that to the best of my knowledge, the proposed .
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
A list of previous state or federal permits issued for ducted in a manner consistent with such program.
work on the project tract. Include permit numbers,
permittee, and issuing dates. 11 I further certify that I'am authorized to grant, and do in
Major. CAMA perntiit #19--89. issued 1/3/89 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 application and follow-up monitoring of
. A check for $100 made payable to the Department of project.
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the. expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).

's is the 6th day of SePtember 1989
(agent: for Olin Finch)
downer or.Authon'zed agent
4
Major Modification
##19-89 OFFICE OF COASTAL MANAGEMENT Lat:35022110"
FIELD INVESTIGATION REPORT Long:75°30100"
1. APPLICANT'S NAME Olin Finch - Avon Soundside
2. LOCATION OF PROJECT.SITE West.of NC 12 Avon, Dare County
Photo Ref. 144-398 opq-10
3. INVESTIGATION TYPE: DREDGE & FILL CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 9/13/89
(B) WAS APPLICANT PRESENT no
5. PROCESSING PROCEDURE:..__APPLI-CATION RECEIVED 9/11/89
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A).LOCAL LAND USE PLAN Dare
LAND CLASSIFICATION FROM LUP Transition'
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUPnone
{
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS PUBLIC TRUST WATERS
ESTUARINE WATERS-X_ OTHER
(C) WATER DEPENDENT: YES NO X OTHER
(D). INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTEWATER TREATMENT: EXISTING none
PLANNED low pressure pipe sewage
(F) TYPE OF STRUCTURES: EXISTING 14' X 150' bridge
PLANNED 14 single family residences with 1 office building,
bridge, piers, bulkhead, roads and parking area.
(G) ESTIMATED ANNUAL MATE OF EROSION 2' SOURCE applicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
(B) NON-VEGETATED WETLANDS:"
(C) OTHER:
upland portion of property 2.5 acres
(D) TOTAL AREA•DISTURBED: 2.5 acres
8 PROJECT SUMMARY: A
familv homes. 1 office
associa
licant proposes construction of 14 single ..
535' of retaininq wall above'NWL. 230' X 6'
k 1-22' wide bridge over wet
oads. and septic system.
' .J a -*
v • A , .
Olin Finch - Avon Soundside
Bio Report
Page 2
SITE DESCRIPTION
The applicant currently owns and is in the process of
developing under CAMA Major permit #19-89, a 5.36 acre tract of
marsh and dune adjacent to Spencer's Creek and Pamlico Sound in
Avon, Dare County, N.C. The area is currently accessed by a 14'
X 150' bridge_over_Spencer's -Creek, - This-bridge-was constructed
under permit #19-89.
The site is characterized by a mixture of 11404.wetlands";
coastal marsh and uplands. The coastal marsh located along the
Sound and Spencer's Creek is dominated by Juncus roemerianus,
Spartina alterniflora, and Spartina patens. The"404 wetlands" are
dominated by Spartina patens, Juncus roemerianus, Setaria sp.,
Iva frutescens and Baccharis halimifolia while the uplands are
primarily Myrica cerifera (wax myrtle), Pinus taeda (loblolly
pine), uercus virginiana (live oak), Ilex vomitoria (yaupon) and
Juniperus virginiana (red.cedar).
The applicant proposes to construct 14 single family homes,
one office, 535''of retaining wall landward of normal water level
along Pamlico Sound and a 230' X 6' pier along Spencer's Creek. A
22' wide bridge will also cross a small wetland. No wetlands or
shallow water habitat are proposed to be filled.
ANTICIPATED IMPACTS
This project will result in the altering-of 2.5 acres of
upland. Portions of-2 homes will be elevated over wetlands as
will a bridge and the 230' pier. This will result in some
shading and possible degradation from human traffic, however, the
hydrology should remain unaffected. The bulkhead is proposed to
be built landward of the normal water level and all wetlands.
While no wetlands are proposed to be filled or excavated,-some
degradation will probably occur through permitted activities such
as mowing and transplanting of native vegetation with exotics.
CAMA REVIEW
This project is_consistentwith the transitional
classification of the Dare County LUP.
Submitted by: Robert K. Abernethy
September 15, 1989