19920238 Ver 1_COMPLETE FILE_19920101

Ift
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 5, 1992
Regulatory Branch
Action ID. 199200740
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
9 t IJ??
'?NJF(L?iVU? ,
YdRTl:?1AL11Y?:•::'
Reference the application of Ms. Shirley W. Midgett for a Department of
the Army permit to maintain a canal and excavate a plug and access channel on
Pamlico Sound, Buxton, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report. By letters of May 19 and
June 3, 1992 (copies enclosed), the U.S. Environmental Protection Agency (EPA)
and the National Marine Fisheries Service (NMFS) recommend that authorization
not be provided. Should the work be accomplished, these Federal agencies
would anticipate unacceptable, loss of submerged aquatic vegetation (SAV)
habitat resulting in degradation of water quality and adverse impacts on
fishery resources. We support the Federal agencies' recommendations that the
application be denied.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures

-2-
Copies Furnished (without enclosures):
Mr. John Dorney
Water Quality Section
Division of Environmental
nagement
N th Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
DIVISION OF ENVIRONMENTAL MANAGEKKNT
CAMA MAJOR PERMIT APPLICATION REVIEW
N
PROJECT NAME:
COUNTY : (/h a
STREAM OR ACE T WATER BODY:
BASIN: OPEN OR CLOSED: C
STORMWATER PLAN REQ'D: (Y
IF YES, DATE PPROVED:
PROJECT DESCRIPTIQN:
qt
CLASS : _'51
(FOR SHELLFISHING
N)
ASSIGNED T0:
DATE APP. REC'D.: (YY/MM/DD) JOINT NOTICE /?
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION:
FINAL REPORT: ZD?eO (YY/MM/DD) (ISSUE/,f
WATER QUALITY CERT. (401)
CERT. REQ'D: H (Y OR N)
IF YES: GENERAL CERT: (Y OR N)
TYPE GEN: (INDIVIDUAL CERT:
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(Y/N)
JUN - 5 1992
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE?
(Y OR N)
DREDGING
IS DREDGING AC IVITY EXPEC;E? TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N)S 5 AREA TO BE DREDGED IS SPOIL DISP SAL ADEQUATELY ADDRESSED? _ (Y OR N)
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL:
MARINA SERVICES:
OXYGEN IN BASIN:
CLOSURE OF SHELLFISHING WATER:
(ATTACH A MARINA USE ATTAINABILITY EVAL.
cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City
?DIVISION ENVIRONMENTAL MANAGEMENT
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
Project:
Project No.:
Date Received:
J?ate Comment:
Description of Project:
lc? ?4*0-cl?
Comments:
NOTICE OF FILING OF JUN - 3
APPLICATION FOR CANA MAJOR DEVELOPMENT ;
PERMIT AND WATER QUALITY CERTIFICATION gip- WkTLl?PiC?:? GRi.n
WAfFR UIWTY 5[a
The 'Department of Environment, Health and Natural Resources
hereby gives public notice as required by NCGS 113A-119(b) and
143-215 3(a)(1)(c) that SHIRLEY W. MIDGETTE of Dare County, filed
an application on March 31, 1992, for a permit from the Division
of Coastal Management to develop in an Area of Environmental
Concern and for certification from the Division of Environmental
Management that a discharge of fill material in project wetlands
will not violate applicable water quality standards.
According to said application SHIRLEY W. MIDGETTE proposes
to excavate a marsh plug and 100 ft. x 20 ft. x -4.5 ft. access
channel into Pamlico Sound to re-open a man-made canal to the
sound. The project site is located off Rocky Rollinson Road,
behind the Church of Christ, Buxton, Dare County.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
Peter B. Colwell, Division of Coastal Management, located at the
Division of Coastal Management, 1367 US 17 South, Elizabeth City,
N.C., 919/264-3901, and/or the office of Deborah Sawyer, Division
of Environmental Management, DEHNR Regional Field Office,
Washington, N.C., [phone].
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
May 9, 1992. The issuance of the CAMA Major Development permit
and the Section 401 Certification may deviate from this projected
date depending upon the nature of the comments submitted and
subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Roger Schecter, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
May 4, 1992 for consideration in the CAMA permit decision, and to
Mr. Bill Mills, Division of Environmental Management, P.O. Box
27687, Raleigh, N.C., 27611, prior to April 29, 1992 for
consideration in the water quality certification decision. Later
comments on the LAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Tuesday, April 14, 1992

OFFICE OF COASTAL MANAGEMENT Rf-ciN D
V'?ASHINGTON OFFICE
FDELU _ INVESTIGATION REPORT
APR 0 9 1992
1. APPLICANT IS NAME Shirley W. Midget g
2. LOCATION OF PROJECT SITE_.Off Rocky Rolli_nson Road, behind the
urch of Christ, Buxton, Dare County.
3.
4.
PHOTO INbEX: 1989:_201-3. 11-P,QEL 1984:_145-393, 22-L,M,N_
STATE PLANE COORDINATES: X: 3034300 Y: 572500
INVESTIGATION TYPE : DREDGE & FILL X CAMA X
INVES'1'IGATIVR PROCEDURE: -
(A) DATES OF SITE VISIT -05-92. 04-01-92
(8) NAB APPLICANT PRESENT iRo - - No
5. PROCESSIM PROCEDURE: APPLICATION RECEIVED March 31, 1992
OFFICE-Elizabeth city
6. SITE DESCRIPTION:
(A) LOCAL MIND USE PLAN e County
LAND CCf.ASSIFICATION FROM LUP_Conseryatlon
DXVRL,OPM!!N'P CONSTRAINTS IDENTIFIED IN LUP See B1o Report
(B) ARC (S) INVOLVED : OCEAN HA 7. A P D ESTUARINE SHORELINE X
COASTAL WF"I'LANDS X PUBLIC TRUST WATERS_X_
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X No
(D) INTEMED USE: PUBLIC PRIVATE-X-- COMMERCIAL
(E) TYPE OF WASTE WATER TREATMr•.N'i': EXISTING-Septic Tank and
PLANILED None Drainfield
(F) TYPE OF STRUCTURES: EXISTIN(;_S n le Family Dwelling on
PLAN#ID o e P o erty
(G) ESTIMATED ANNUAL RATE OF EROSION ? SOURCE
7. HABITAT DESCRIPTION:
AREA
(A) VEGNTATED WETLANDS I)RF•:DGED FILLED OTHER
Low March 490
sq. ft_
High Marsh 1200 sq ft_
(B) NON-VMRTATED WETLANDS:
Shallow Water Bottom 2000 sq ft.
(C) OTHE1t:
High Gro n 1050 sq ft. 2400 sq ft.
(D) TOTAL, AREA DISTURBED: 7100 square feet (0.16 acresl
8. PROJRM SUMMARY: Applicant pronoces to excavate a marsh plug and
100 ft. X 20 ft, x -4.5 ft access channel into Pamlico Sound to
re-open a -man-made canal to the sound.

Shirley W. Midgette
Bio Report
Page Two
Site bescription
The applicant currently owns a 2.3 acre tract off Rocky
Rolliflson Road in Buxton, Daro county. A single family home is
located on the wooded high ground portion of the lot. A 650 ft.
x 30 ft. wide canal is located through wetlands on the south side
of the property. There is a sand ridge with scrubby live oaks
(Ouereus virginianus) on the oast side of the canal near the
sound. Between the house and the sand ridge is a low area of
mowed black needlerush (duncus roemerianus) which connects with a
large coastal marsh of needlerush and giant cordgrass (Spartina
cynodUroides) to the east. A narrow fringe of marsh also
extends along both sides of thr, canal. The interior portions of
the canal range in depth from 4 to 6 feet at the landward basin.
The mouth of the canal has fillod in with sand and coastal marsh.
Only a 3 - 4 foot wide by 1 fnot deep channel connects the canal
with the sound. Even 1978 aerial photography shows the mouth of
the canal heavily shoaled in. the existing "plug" at the mouth
of the canal is 90 feet long of- which 55 feet is coastal marsh
dominated by smooth cordgrass (spartina alterniflora), salt grass
(Distichlis spicata), and salt mQadow hay (Spartina patens).
The near shore waters of Pamlico Sound are characterized by
water depths of 1 - 2 feet d-op out to 100 - 150 feet offshore
and depths approaching 3 - 4 feet at over 200 feet offshore.
Widely scattered individual plants of submerged grasses can be
found in the shallow waters out to 120 feet from shore. Beyond
120 feet there are scattered large beds of submerged aquatic
vegetation. Pamlico Sound is classified as SA waters in this
area.
The applicant proposes to excavate the marsh/sand plug at
the mouth of the canal to a width of 30 feet and depth of 4.5
feet And excavate a 100 ft. Y. 20 ft. x -4.5 ft. access channel
into Pamlico Sound. The excavation is to be done with a
dragline and the 522 cubic yard- of spoil material will be placed
on the adjacent sand ridge next to the canal.
Anticipated Impacts
The proposed excavation of the canal plug will remove 1650
square feet of coastal marsh. The excavation of the access
channel will deepen 2000 sq>>are feet of shallow water bottom
habitat and remove some widely scattered SAV plants. The current
proposal will not connect tho proposed -4.5 feet with similar
water depths in the sound. In fact the access channel would stop
in only 2 feet of water and would not greatly improve water
accede or flushing of the canal.. In order to dig out to 100 feet
the dragline would have to crosq the marsh and enter the shallow
Shirley W. Midgette
Bio Report
Page Three
water and then reach back to high ground to place the spoil.
There would likely be additional impacts to the marsh from the
dragline. The excavation will cause a temporary increase in
turbidity around the area of the canal. Care would also need to
be t&ken to prevent spoil material from eroding into adjacent
wetland areas.
LAMA Review
The AEC portions of the proposal are classified Conservation
while the upland portions are c-l.assified Transition. Applicable
development constraints contained in the Dare land use plan
include "no destruction or irretrievable alteration of wetlands
... estuarine or impounded surface waters" (P. 3-5) and "uses
will not be detrimental to them hiolog.i.cal and physical functions
of the estuary" (P. 2-10). in both the Estuarine Waters and
Public Trust Areas policies, the Dare plan finds the proposed
development activity acceptable so long as the above constraints
are dAtiBf ied .
Submitted by: Peter B. Colwell
Date: April 6, 1992
Please type or punt. Carefully describe all anticipated
development adtivities, including construction, excava-
tion, filling, ptifing, land clearing, and stormwater con-
trol. If the regAsted information is not relevant to your
project, write NIA (ftot applicable). Items 1-4 and 8-9
must be completed for all projects. b.
1 APPLICANT
c.
a. Name_ 3tf?r18v ta. Midrtette
1911 bandora Avenue
Address _
City dArner, State NC
Zip 27529 Day phone
[phone]
Landowner or Authorized agew
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION 0* F PROPOSED
PROJECT
a. Street addrft or secondary road number
SR1230 -
b. City, town, community, or landmark
Buxton
c. County Dare
d. Is proposed Work within city limits or planning
jurisdiction?- to/a
e. Name of body of water nearest project
Pavilico Bound
3 DESCRIPTION AND PLANNED USE
OF PROP03ED PROJECT
If you plan to build a marina, also cottltplMe'nd?
attach Form DCM-MP-2. , .
Is the proposed activity maintenance of fir! r =
existing project, new work, or both?
Maintenance
Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Continue securing my small boat
and access to the Sound.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1AC1
b. Size of individual lot(s) 1AC+
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+1' to +16'
d. Soil type(s) and texture(s) of tract
Hobo ny(or?anic)-Corolla Duckston(sandy)-ousley
(fii.e sand
C. Vegetation on tractiuncus marsh, scrub oak, wax
myrtle, live oak, pine, dogwood
f. Man-made features now on tract
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation __ Transitional
Developed Community
Rural -X%_ Other
h. How is the tract zoned by local government?
SrD-1
i. How are adjacent waters classified?
a. Describe all development activities you propose (for
example, bttli?irig'a home, motel, marina, bulkhead, .1• Has a professional archaeological survey been
or pier). carried out for the tract? no If so, by whom?
3/91
IZ. •,'ETV F.lI

y
5 UPLAND bEVELOPMENT ??^'? 3'2 -
Complete this section if the project includes any land r r th C?j -
development. ' -- -
a. Type and ntiMbetof buildings, facilities, or
structurespro osed -
b. Number of hats of 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 sedimentation control plan at
least 30 days befbte land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? -
f. Oive the percentage of the tract within 75 feet of
mean high witter to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials. such as marl, paver stone, asphalt,
or concrete. to be Used for paved surfaces,
h. If applicable, has It stonnwater management plan
been submitted to the Division of Environmental
Management?
1. Describe proposed sewage disposal and/or waste
water treatmeht facilities.
J. Have these facilities received state or local approval'?
k. Describe existing treatment facilities.
1. Describe location find type of discharges to waters of
the state (fote><aMple, surface runoff, sanitary
wastewater, iridustrial/commercial effluent, "wash
down"). -
2
in. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide 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 excavation
or fill activities (excluding bulkireads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other(hreak-
water, pier,
boat ramp,
rock ktty)
Fill placed in
wetland or below
MIIW
Upland till
areas
Length Width Depth
100' 20' -4.5'
70' 30' -4.5'

none »>><r

b. Amount of material to be excavated from below
water level in cubic yards 160 cyi
c. Type of material _ sand
d. Does the area to be excavated include marshland,
swamps, or other wetlands'?
no
e. Iligh ground excavation, in cubic yards
-. 1 1 OsY f -- ----
cri
e'
3/91
f. Dimensions spDil disposal area
80' x 30
g. Location of itpoil disposal area cast of & ad jac
to the giknal
h. Do you claitd?'lidd to the disposal area? vea
If not, attaclil letkr granting permission from the
owner.
i. Will a disp ik! afta be available for future
maintenance?_ on
If so, where?,k . weaves Arun
Does the diosal Area include any marshland,
swamps, or Water areas?
no rt'
k. Will the fill material be placed below mean high
water? t. no.,
I. Amount of fl? in Cubic yards nLa_
m. Type of fill material
n. Source of fillMatkal
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions t fft Wedand to be filled
q. flow will exeAvated or fill material be kept on site
and erosion Wntrolled?
r. What type of Construction equipment will be used
(for example, dragline, backhoc, or hydraulic
dredge)? dregline
s. Will wetlands be crossed in transporting equipment
to project site? 110 If yes, explain steps that will
be taken to lessen environmental impacts.
C. Shoreline erosion during preceding 12 months, in
feet
ant d. Type of bulkhead material
c. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material C:'..'.
8 ADDITIONAL INFORMATION.
In addition to the completed application form, the follow-
ing items must be submitted:
A cope 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 owner claims
title, plus written permission from the owner to carry out
Iheproject.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I 1 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 18 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
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be adviSGO by lhC.ltPplicant of
that opportunity. ' .
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal waterlevel
; 1 '9?.
3/91
Name Thomas R. Proffitt, Jr.
Address P. ox -
-- - -
Name
Address
Name
Address
9 CF_RTIFICATION AND PERMISSION
TO ENTER ON LAND
Any 1-rrnit issued in response to this application will
allow only the development described in the application.
'i hr project will be subject to conditions and restrictions
c•ontainc (l in the permit.
i cc i i i 1 v that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
prnvc-i ('oastal Management Program and will be con-
A list of previous state of federal permits issued for duc'te'd itt a manner consistent with such program.
work on the project tract. Include permit numbits,
permittee, and issuing dates. I hiiih-r certify that 1 am authorized to grant, and do in
1. Permit issued to H.B. Midget to for const rucfw,t, pi Tint permission to representatives of state and
t I ovi fcdrvil review agencies to enter on the aforementioned
2. Permit issued to H.B. Mi.dgette fot mains en-lincle in connection with evaluating infonnation related
ance n mss` un mown - Icr thi permit application and follow-up monitoring of
A check for $250 made payable to the Departmittt of projc' 1.
Fnvimnment, Health, and Natural Resources WCover
the costs of processing the application.
A signed AEC hazard notice for projects in o(Vanfront
and inlet area.
A statement on the use of public fends. i f the pmject
involves the expenditure of public funds, attach k state-
ment documenting compliance with the North Carolina
Frivimnmental Policy Act (N.C.G.S. 113A-1 td 10).
,.1F0
F"•t?
i Klc ',1r R 6 M Partnership
'i hie i, the o2 £? day of 19.

P. 0. Box 250
Hatteras, PC 27943
3/91
- •w
NOTICE OF FILING ---- -
APPLICATION FOR CAMA MAJOR ***TO nI(._
PERMIT AND WATER QUALITY C ICATIOR
APR 2 21992
The Department of Environment, Heal :h land Natural Resources
hereby gives public notice as required by N?tµf#EAIaPDA-119 (b) and
143-215 3(a)(1)(c) that SHIRLEY W. MIDG TE County, filed
an application on March 31, 1992, for a permit from the Division
of Coastal Management to develop in an Area of Environmental
Concern and for certification from the Division of Environmental
Management that a discharge of fill material in project wetlands
will not violate applicable water quality standards.
According to said application SHIRLEY W. MIDGETTE proposes
to excavate a marsh plug and 100 ft. x 20 ft. x -4.5 ft. access
channel into Pamlico Sound to re-open a man-made canal to the
sound. The project site is located off Rocky Rollinson Road,
behind the Church of Christ, Buxton, Dare County.
A copy of the entire application and additional information
may be examined (or copies furnished upon request and payment of
reproduction costs) during normal business hours at the office of
Peter B. Colwell, Division of Coastal Management, located at the
Division of Coastal Management, 1367 US 17 South, Elizabeth City,
N.C., 919/264-3901, and/or the office of Deborah Sawyer, Division
of Environmental Management, DEHNR Regional Field Office,
Washington, N.C., [phone].
The Division of Environmental Management proposes to take
final action on this water quality certification on or before
May 9, 1992. The issuance of the CAMA Major Development permit
and the Section 401 Certification may deviate from this projected
date depending upon the nature of the comments submitted and
subsequent hearings that may result.
All persons desiring to make comments should do so in
writing to Roger Schecter, Director, Division of Coastal
Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
May 4, 1992 for consideration in the CAMA permit decision, and to
Mr. Bill Mills, Division of Environmental Management, P.O. Box
27687, Raleigh, N.C., 27611, prior to April 29, 1992 for
consideration in the water quality certification decision. Later
comments on the LAMA application will be accepted and considered
up to the time of permit decision. Project modifications may
occur based on review and comment by the public and state and
federal agencies. Notice of the permit decision in this matter
will be provided upon request.
PUBLISHED ON: Tuesday, April 14, 1992
4
OFFICE OF COASTAL MANAGEMENT
FIELD_TNVESTIGATION REPORT
1. APPLICANT'S NAME Shirley W. Midge
2. LOCATION OF PROJECT SITE_jgff Rock
Church_o
3.
4.
PHOTO INDEX: 1989:_201-3. 11-PtQ
STATE PLANE COORDINATES: X: 3034
INVESTIGATION TYPE: DREDGE & FT.T,L X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT?02-05-92 _ 04-01-92
(B) WAS APPLICANT PRESENT 1No No
5. PROCESSING PROCEDURE: APPLICATION RECEIVED March 31. 1992
OFFICE Elizabeth City
6. SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Dare Couni
LAND CLASSIFICATION FROM LUP_Conseryation
DEVELOPMENT CONSTRAINTS IDENTIFTRD IN LUP See Bi.o Report
(B) AEC(S) INVOLVED: OCEAN HARTnD ESTUARINE SHORELINE_X_
COASTAL WFT'LANDS X PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER - -
(C) MATER DEPENDENT: YES X TIo
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT:
PLANNED None
(F) TYPE OF STRUCTURES:
PLANNED one
(G) ESTIMATED ANNUAL RATE OF EROSION-? SOURCE
7. HABITAT DESCRIPTION:
(A) VEGATATED WETLANDS DREDGED AREA FILLED OTHER
Low Marsh 450 sg. ft_ -
High Match 1200 sq ft.
(B) NON-VEGETATED WETLANDS:
Shallow Water Bottom 2000 sq ft.
(C) OTHER:
High G and ???>o sa ft. 2400 sq ft.
(D) TOTAL, AREA DISTURBED: 7100 sauare feet (0.16 acres
EXISTING-Septic Tank and
Drainfield
EXISTING; Single Family Dwelling on
Property
8. PROJECT SUMMARY: Applicant prom-;es to excavate a marsh plu and
100 ft. X 20 ft. x -4.5 ft ac(---,s channel into Pamlico Sound to
re-open a man-made canal to the sound.
Shirley W. Midgette
Bio Report
Page Two
Site Description
The applicant currently owns a 2.3 acre tract off Rocky
Rollihson Road in Buxton, Dare county. A single family home is
located on the wooded high ground portion of the lot. A 650 ft.
x 30 ft. wide canal is located through wetlands on the south side
of the property. There is a sand ridge with scrubby live oaks
(Quercus virginianus) on the east side of the canal near the
sounds Between the house and the sand ridge is a low area of
mowed black needlerush ( u cus roemerianus) which connects with a
large coastal marsh of needlerush and giant cordgrass (Spartina
cynoaUroides) to the east. A narrow fringe of marsh also
extends along both sides of the canal. The interior portions of
the dllnal range in depth from 4 to 6 feet at the landward basin.
The ributh of the canal has filled in with sand and coastal marsh.
Only a 3 - 4 foot wide by 1 foot deep channel connects the canal
with the sound. Even 1978 aerial photography shows the mouth of
the canal heavily shoaled in. The existing "plug" at the mouth
of the canal is 90 feet long of which 55 feet is coastal marsh
dominated by smooth cordgrass (spartina alterniflora), salt grass
(Distlchlis s cata), and salt meadow hay (Spartina patens).
The near shore waters of Pamlico Sound are characterized by
water depths of 1 - 2 feet deep out to 100 - 150 feet offshore
and depths approaching 3 - 4 feet at over 200 feet offshore.
Widely Scattered individual plants of submerged grasses can be
found in the shallow waters out to 120 feet from shore. Beyond
120 feet there are scattered large beds of submerged aquatic
vegethtibn. Pamlico Sound is classified as SA waters in this
area.
The applicant proposes to excavate the marsh/sand plug at
the mouth of the canal to a width of 30 feet and depth of 4.5
feet and excavate a 100 ft. r. 20 ft. x -4.5 ft. access channel
into pailllico Sound. The excavation is to be done with a
draglind and the 522 cubic yard- of spoil material will be placed
on the adjacent sand ridge next to the canal.
Anticipated Impacts
The proposed excavation of the canal plug will remove 1650
square feet of coastal marsh. The excavation of the access
channel will deepen 2000 sgt.tare feet of shallow water bottom
habitgt and remove some widely scattered SAV plants. The current
propdbal will not connect the proposed -4.5 feet with similar
water depths in the sound. In fact the access channel would stop
in only 2 feet of water and would not greatly improve water
accesb or flushing of the canal.. In order to dig out to 100 feet
the dragline would have to cross the marsh and enter the shallow
Shirley W. Midgette
Bio Report
Page Three
water and then reach back to high ground to place the spoil.
There would likely be additional impacts to the marsh from the
dragline. The excavation will cause a temporary increase in
turbidity around the area of the, canal. Care would also need to
be taken to prevent spoil material from eroding into adjacent
wetland areas.
CAMA Review
the AEC portions of the proposal are classified Conservation
while the upland portions are classified Transition. Applicable
development constraints contained in the Dare land use plan
incldde "no destruction or irretrievable alteration of wetlands
... estuarine or impounded surface waters" (P. 3-5) and "uses
will hot be detrimental to the biological and physical functions
of the estuary" (P. 2-10). In both the Estuarine Waters and
Public Trust Areas policies, the Dare plan finds the proposed
development activity acceptable so long as the above constraints
are satisfied.
Submitted by: Peter B. Colwell
Date: April 6, 1992
I
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paMng, land clearing, and stormwater con-
trol. If the regtiested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name_ Shfrlby W. Midgette
11311 Vandora Avenue
Address
City ?r- - State
Zip 27529- Day phone
71
xx Landowner or
b. Project narfli (if any)
NC
[phone]
Authorized agent
c. If the appEdMt i9 trot the landowner, also give the
owner's naritc and address.
ekv --
2 LOCATION OF PROPOSED
PROJEM
a. Street addrdls or secondary road number
SR1230 ?.
b. City, town, community, or landmark
Buxton
c. County Dati!
d. Is proposed work within city limits or planning
jurisdiction?, h1a
e. Name of body of water nearest project
Pamlico,8ouhd
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
1
If you plan to build a marina, also complet6 Arid
attach Form DCM-MP-2. , .
b. Is the proposed activity maintenance of qq r
existing project, new work, or both?
Maintenance
c. Will the project be for community, private; or ^
commercial use?
Private
d. Describe the planned use of the project.
Continue securing my small boat
and access to the Sound.
4,14 LAND AND WATER C`.~ CHARACTERISTICS a. Size of entire tract _
b. Size of individual lot(s) 1AC± <•'``
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+1' to +16'
d. Soil type(s) and texture(s) of tract
Hob2nn9(organic)-Corolla Ducks ton (sandy) -o sley
(fine sand
e. Vegetation on tractiuncus marsh, scrub oak, wax
myrtle, live oak, pine, dogwood
Man-made features now on tract
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation --Transitional
Developed _ Community
Rural Xx Other
h. How is the tract zoned by local government?
SED-1
How are adjacent waters classified?
_-__SA
a. Describe all-development activities you propose (for
example, btj?Idiri?'h home, motel, marina, bulkhead, ?• Has a professional archaeological survey been
or pier). carried out for the tract? no if so, by whom?
3/91

5 UPLAND DEVELOPMENT oml 3 y2
Complete this seetion if the project includes any land t; ,e h C4
development. ` --
a. Type and ndttiberof buildings, facilities, or
structures proposed _
b. Numbet of lilts of parcels
in. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
c. Density (010 the humber 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 most
receive an etfision and sedimentation control plan at
least 30 day3 befot-e land disturbing activity begins.
If applicable, has it sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
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
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.
a. Descrihe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
1. Describe proposed sewage disposal and/or waste
water trestmeht 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 (fof example, surface runoff, sanitary
wastewater, lhdustrial/commercial effluent, "wash
down").
2
Access channel
(MLW) or (NWL)
Boat basin
Other (hwak-
water, pier,
boat ramp,
rock jetty)
Bill placed in
wetland or below
M11W
Upland fill
areas
100' 20' -4.5'
70' 30' -4.5'

none

h. Arnount of material to be excavated from below
water level In cubic yards 160 cyi
c.. Type ofrnaterial
sand
d. Does the area to be excavated include marshland,
swamis, or other wetlands?
no
C. Iligh ground excavation, in cubic yards Jt'`
. .
f. Dimensions of spoil disposal area
80' x 30' A '
c. Slwicline erosion during preceding 12 months, in
feet
g. Location of spoil disposal area east of 4 adjacent
to the canal d I ypc of bulkhead material
Do you claini title to the disposal area? yes
If not, attach A letter granting permission from the
owner.
Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
i. Will a disposal area be available for future,
maintenance?_ ypA
If so, where?, AAf11A AtpA
j. Does the diosal area Include any marshland,
swamps, or Water areas?
no
k. Will the fillfaterial be placed below mean high
water? ,Q,no
1. Amount of f`ITi in cubic yards n /a
m. Type of fill Material
n. Source of ffil material
o. Will fill matditial be placed on marsh or other

8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A cope 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
decd or other instrument under which the owner claims
title, plne written permission from the owner to carry out
the proi^ct.
wetlands? An accurate Nvork plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
p. Dimensions df the wetland to be filled 1/2 x 1 1 white paper. (Refer to Coastal Resources
- Commission Rule 7J.0203 for a detailed description.)
q. flow will extAvated 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)? dra&line
s. Will wetlands be crossed in transporting equipment
Please note that original drawings are preferred and
only hiPh quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 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.
to project site? no If yes, explain steps that will
be taken to leAsen environmental impacts. A stornm-ater management plan, if applicable, that
-- may have been developed in consultation with the
- Division of Environmental Management.
7 SHORELINE STABILIZATION
Length of bulkhead or riprap
b. Average distAnce waterward of mean high water or
normal watetltvel
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advis?e¢ by the applicant of
that opportunity.
p1,t, -, 1,9?
V) I
Name Thosiaa R. Proffitt. Jr.
Address P. Box
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Name R ire H Partnership An)- 1-•nnit issued in response to this application will
Address P...(). Box 250 allow finly the development described in the application.
1114tteras, NC 27943 Vic htrlject will be subject to conditions and restrictions
conlahied in the permit.
Name
Address I cett i t - that to the best of my knowledge, the proposed
activii c complies with the State of North Carolina's ap-
prov,vd Coastal Management Program and will be con-
A list of pretI603 state or federal permits issued for ducted in a manner consistent with such program.
work on the project tract. Include permit numbirs,
per mittee, and ISluing dates. I fnttt-r certify that I am authorized to grant, and do in
1._ Permit isatted to H.B. Hidgette for conet rnfcfac•t, r rrrnt permission to representatives of state and
ti oft federal review agencies to enter on the aforementioned
2. Permit ibahed to !t. B. Hi.dgette felt maim en-lands in connertion with evaluating infrnmation related
-nn mere`-anK-ere _ to ihi,: ia•r?nit application and follow-up monitoring of
A check tot $250 made payable to the bepartmbht of
Fnvironment, Health, and Natural Resources tocover
the costs ofprot*ssing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet arelS.
i rojeul
'phis i, the 9F? day of _ ""?'R
1_ar,0ctY`ir r or Authoriz gent
A slntement W1 the use of public funds. If the project
involves the ekonditure of public funds, attach h state-
ment documenting compliance with the North Carolina
FnvironmenW Policy Act (N.C.G.S. 113A-1 to 10).
tF0

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APR 0 5 1992
State of North Carolina _
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
April 7, 1992
N WRANDDM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Shirley W. Midgette
Project Location: Off Rocky Rollinson road, behind the Church of Christ,
Buxton, Dare County.
Proposed Project: To excavate a marsh plug and 100 ft. x 20 ft. x -4.5 ft.
access channel into Pamlico Sound to re-open a man-made canal to the sound.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by April 27, 1992. If you have any questions
regarding the proposed project, please contact Peter B. Colwell at 264-3901.
When appropriate, in-depth comments with supporting data is requested. U
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
24((,)
Z
Signed
Date Z
Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
"'W
May 9, 1992
MEMO
TO: John Parker
FROM: John Dorne? ? ti
RE: Shirley Midgette CAMA a plication
Buxton, Dare County
DEM has reviewed the abovementioned project and has no
objections if the access channel is excavated to a 4.5 foot depth
and connects with the reopened canal. Otherwise, there is a
potential for violation of water quality standards in the canal
due to poor circulation.
cc: Washington Regional Office
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 13, 1992
Regulatory Branch
Action ID No. 199200740 and State Permit No. 87-92 D ID
1-19
Ms. Shirley W. Midgette '
r f 1992
1311 Vandora Avenue I 1(
a
Garner, North Carolina 27529 n
Dear Ms. Midgette:
Reference your application for a Department of the Army permit to maintain
a canal and excavate a plug and access channel on Pamlico Sound, Buxton, Dare
County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
? r
Enclosure
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
`/Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
-2-
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

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