19920693 Ver 1_COMPLETE FILE_19920122

4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 3, 1993
Regulatory Branch
u
Action ID. 199300496 and State Permit No. 8-93

KFE;B- 91993
Mr. Joseph Rhodes
P
704 Harris Point , Drive N
A DS GROU
LITY SECTION
Virginia Beach, Virginia 23455
Dear Mr. Rhodes:
Reference the application, submitted on your behalf by Ms. Sue Haycox and
Mr. Daniel A. Hoffler, for a Department of the Army permit to excavate a
basin, construct a dock and five piers, install pilings and construct and
backfill a bulkhead on Back Creek off Pamlico Sound, Marlin Cove, Hatteras
Village, 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
Enclosure
It

Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
W4K 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
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Ms. Sue Haycox
Post Office Box 58
Hatteras, North Carolina 27943
Mr. Daniel A. Hoffler
Post Office Box 1467
Chesapeake, Virginia 23320
-2-
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
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
•
W - ? pY
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor December 3, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Joseph Rhodes
704 Harris Point Drive
Virginia Beach, North Carolina 23455
Dear Mr. Rhodes:
Subject: Proposed Fill in Wetlands or Waters
Basin excavation, bulkhead construction, walkway and
piers
Dare County
DEM Project.* 92693
Upon review of yourorequest for Water Quality Certification
to place fill material in waters for upland dredge spoil disposal
located at Marlin Cove, Hatteras Village in Dare County, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2668 issued January 21, 1992. A copy.
of the General Certification is attached. This Certification may
be used in qualifying for coverage under Corps.of Engineers'
Nationwide Permit No. 16. The upland diked disposal area must
have a capacity of 6000 cubic yards.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
reston `oward, Jr. P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files RECIONALOFFICES
Asheville Jol*iyPaiiker, lge?astiiYl Mali. ?ment Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 917571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
• ' a?s?gTE ?? v. raw .sa :wzwr,..vnvec..n.:??,.
,,,..m.I
WASHINGTON OFFICE
V 16 f99?
State of North Carolina %
Department of Environment, Health and Nat4al ResouMe5_'"'°`" -
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor
William W. Cobey, Jr., Secretary
26 October 1992
MEMORANDUM
TO:
FROM:
Mr. A. Preston Howard, Acting Director
Division of Environmental Management
John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit-Application Review
Applicant: Sue Haycox/Daniel Hoffler
Roger N. Schecter
Director
Project Location: Rhodes tract on Peerless Lane off Kohler Drive (S.R. 1237), Hatteras
Village, Dare County.
Proposed Project: To excavate a 190 ft. x 125 ft. x -6 ft. basin in an existing
shallow water basin; construct 495 ft. of bulkhead, a 300 ft. x 6
ft. wooden walkway, and five 6 ft. wide piers with mooring piles to
provide deep water access for five lots in the proposed Marlin Cove
Subdivision.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by December 4, 1992. If you have any questions regarding the proposed
project, please contact Pete Colwell at [phone]. When appropriate, in-depth
comments with supporting data is requested.
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.
S
Date /I
Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
a - DIVISION OF COASTAL MANAGEMENT Rr ry
WASHINGTON OFFICE
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Sue Haycox and Daniel Hoffler

V, E M..
2. LOCATION OF PROJECT SITE: Rhodes tract on Peerless lane off Kohl e' Drive (S.R 1237), t t t
Hatteras Village, Dare County
Photo Index - 1989: 198-2, N-9 1984: 147-386, 0-15
State Plane Coordinates - X: 2989000 Y: 552900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/08/92 10/22/92
Was Applicant Present - Yes Yes
5. PROCESSING PROCEDURE: Application Received - November 9, 1992
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, CW, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Single family septic systems
(F) Type of Structures: Existing - None
Planned - 495 ft. of bulkhead, 300 ft. wooden walkway, 5 50 ft.
piers, 18 mooring piles
(G) Estimated Annual Rate of Erosion: 2 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 23,750 square feet
Shallow Water Bottom
(C) Other 31,200 square feet
High Ground
(D) Total Area Disturbed: 54,950 square feet (1.3 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant proposes to excavate a 190 ft. x 125 ft. x -6 ft. basin in an
existing shallow water basin; construct 495 ft. of bulkhead, a 300 ft. x 6 ft. wooden walkway, and
five 6 ft. wide piers with mooring piles to provide deep water access for five lots in the proposed
Marlin Cove Subdivision.
R r. ...I
Haycox/Hoffler
Bio Report
Page Two
Site Description
Ms. Sue Haycox is current finalizing the purchase of the Georgia Rhodes property on
Peerless Lane off Kohler Drive (S.R. 1237) in Hatteras Village. The property consists of Parcel
A (Lots 1-5) and Parcel B on the enclosed Marlin Cove Plat. As the property owner of Eagles
Point, Inc., Mr. Daniel Hoffler is co-applicant on the permit application upon closing on the
property Ms. Haycox will submit the appropriate Deed of Ownership. The existing deeds and
purchase agreement have been provided.
The bulk of the 3.4 acre Rhodes property consists of a high ground 3 acre dredge spoil
disposal site. Aerial photographs indicate that the site was last used for dredge spoil disposal
between 1978 and 1984. The site is currently vegetated by various upland grasses in the middle
portion and a live oak uercus vir ink iana) and red cedar Juni erus vir iniana) thicket along
the western property line. A shrub thicket of red cedar, yaupon Ilex vomitoria), silverling
(Baccharis halimifolia) and Spanish bayonet (Yucca sp.) extends around the northern and
eastern shorelines of Parcel A. The existing 2 story frame house on the southern portion of
Parcel A is to be removed.
A historic 1/2 acre boat basin off Back Creek is located between Parcel A and Parcel B.
The basin is approximately 180 ft. across at Back Creek, 200 ft. in length and 150 ft. wide at
its end. Water depths in the basin are -2 to -3 ft. No rooted submerged aquatic vegetation was
found in the basin and only a few scattered oysters were observed. Historic photographs
indicate that the basin was dug 40 to 50 years ago as a protective anchorage and was used as
such until it shoaled in. Adjacent waters in Pamlico Sound and Back Creek are classified as SA
waters and are closed to shellfishing.
Wetlands on the property consist of a salt marsh cordgrass S artina alterniflora) marsh
around the perimeter of the basin including all of Parcel B and an area of black needlerush
(Juncus roemarianus marsh on Lots 4 and 5 as shown on the enclosed plats. The coastal marsh
fringe along Back Creek ranges in width from 2 ft. to 8 ft. Just waterward of this marsh fringe
is a line of concrete rip rap partially buried in the near shore sediments. Approximately 100 ft.
of the shoreline along Lot #2 has no marsh fringe. The marsh fringe picks back up along Lot
#3 and continues around the basin with increasing widths up to 80 ft. at Parcel B. The Section
404 wetlands line follows along just landward of the coastal marsh and extends a bit further at
the basins southern end.
The applicants propose to excavate the existing shallow basin, bulkhead the western
shoreline and along Back Creek, and construct five short piers to provide deep water access for
five lots in the proposed Marlin Cove Subdivision. The existing twelve foot wide access road
will be paved with asphalt or concrete.
i
Haycox/Hoffler
Bio Report
Page Three
The boat basin will be excavated by hydraulic dredge to approximately 190 ft. x 125 ft.
x -6 ft. deep. The basin will be connected to the existing 6 ft. deep channel in Back Creek.
A minimum of a ten foot buffer will be left between the excavation and the marsh along the
south and east sides of the basin. A 5 ft. buffer is shown along the west side and a 2:1 slope
is to be left along the basin sides. The dredge spoil material will be pumped into a 240 ft. x 130
ft. diked disposal area on Parcel A. The dikes are to be 4 ft. high and 25 to 60 ft. from NWL.
Approximately 3,000 cubic yards of sand are estimated to be excavated from the basin. The
material will be spread and stabilized on site. The effluent pipe is shown emptying into a rip
rap bed allowing the water to filter back into the basin. The applicants also propose to remove
the partially buried rip rap along Back Creek to allow limited shallow boat access to the
walkway. The rip rap is to be removed piece by piece using a backhoe.
A 495 ft. long wooden bulkhead with backfill is to be constructed immediately landward
of the Section 404 wetlands line. The bulkhead will extend from the Hatteras Marlin Club
property line on Back Creek around the west side of the basin to its southern corner. A 300 ft.
x 6 ft. wide raised wooden walkway/dock is to be constructed along the outside of the bulkhead
on Lots 1 and 2.
To provide deep water access for each lot, five 6 ft. wide piers with associated mooring
piles are proposed along the west and south sides of the basin. The piers for lots 1, 2, and 3
will be 50 ft. in length extending out into the basin about 25 ft. Four mooring piles will be
placed around each pier providing 2 boat slips per pier. The pier for Lot #4 will extend 53 ft.
from the access road across the wetlands and 30 ft. into the basin. It will only have one boat
slip with two mooring piles on the north side. Pier #5 is shown extending 40 ft. into the basin
from its southern end and will have four mooring piles and 2 boat slips. Although the pier is
shown on the plat to be 50 ft. long, it will need to be extended another 40 ft. landward to reach
the access road and highground.
Anticipated Impacts
The proposed excavation will deepen 23,750 square feet of shallow water bottom habitat
to -6 ft. Since the basin has such a wide opening on a deep water channel with a relatively
strong tidal flow there should be adequate flushing and no significant impacts to water quality.
A turbidity curtain could be placed across the basin during excavation to reduce water quality
impacts during excavation. Approximately 1 acre of highground will be disturbed by the
creation of the dredge spoil disposal area and by the bulkhead construction.
The removal of the rip rap along Back Creek may disturb some of the marsh fringe as
the concrete pieces are pulled out. Care should be taken in removing the rip rap to avoid and
minimize impacts to the adjacent marsh.
•
Haycox/Hoffler
Bio Report
Four
The proposed walkway/dock along Lots #1 and 2 will shade approximately 1,200 square
feet of coastal marsh. The five access piers will shade another 600 square feet of marsh and
Section 404 wetlands. The piers will provide dock space for up to nine boats adding to the
cumulative impacts of boats along Back Creek and Hatteras Harbor.
CAMA Review
The project area is considered to be in the Conservation Classification of the Dare County
Land Use Plan. A full consistency review will follow this report.
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.
- --------------
co- 1 APPLICANT s
a. Name
Haycox
HofflerAddre;
Haycox
HofflerCity _
Haycox
Ms.Sue Haycox & Daniel A. Hofflgr
PO Box 58
5S PO Box 1467
Hatteras, NC 27943
Chesapeake State VA 23320
919-906-284r
Hoffler7-iP- S e abeveDayphone 804-481-6335
xx * Landowner or Authorized agent
b. Project name (if any) Marlin Cove
c. If the applicant is not the landowner, also give the
owner's name and address.
Mr. Joseph Rhodes
704 Harris Point Drive
_Virginia Beach, VA 23455
(for Parcels A k B)
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NCSR 1237
b. City, town, community, or landmark
Hatteras Village
c. County DARE
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Back Creek off 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). Maintenance excavation of man-made
basin with new bulkhead a piers
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?
d. Describe the planned use of the project.
GinelP family lets a ;nrtnAA wooden
Sta1k_ wav_a_ heat al;ns and b n1kh ad d lot-.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 3.41 Acres
b. Size of individual lot(s) -+/- 2n _ nnn ag. f_
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
NGVD (1929) 6.0'
d. Soil type(s) and texture(s) of tract
Duckston Carteret
e. Vegetation on tract Spanish bayonet, Live Oaks,
Red Cedar
f. Man-made features now on tractAbandoned single
family residence
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation % Transitional
Rural Developed Community
Other JRS Eewo
h. How is the tract zoned by local government?
R2 -A
i. How are adjacent waters classified?
SA
E1uar,t,, ;,.,,•
Has a professional archaeological survey been
carried out for the tract? No If so,. by whom?
NA
3191
5 OPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed NA
b. Number of lots or parcels 5
c. Density (Give the number of residential units and the
units per acre.) 5 single family homes at
appx. 2 units per acre
d. Size of area to be graded or disturbed
15_.non nil-ft-
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? NA
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.
oa
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
12' wide access road will be asphalt or
concrete.
h.
If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NA
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Single family septic
j. Have these facilities received state or local approval?
Soils on site have been approved as
acceptable by Dare County Healt Dept.
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°). NA
m. Water supply source
Private wells
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
NA
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NA
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 (break- s
water, pier, mooring
boat ramp, Piers at
rock jetty) wooden •
Walkway adjacent t
Fill placed in Bulkhead
wetland or below
MHW
Upland fill Hydraulic
areas Spoil Retenti
Area
NA
190 125 -6'
50' 6' -6'
300 6 NA

} r 1. iS':}:Q:::
n
240 130
b. Amount of material to be excavated from below
water level in cubic yards +/- 3 , 000 CY
c. Type of material
Sand
d. Does the area to be excavated include marshland,
swamps, or other wetlands? % I ?p
NO
e. High ground excavation, in cubic yards „,j2

f. Dimensions of spoil disposal area
'? 240 x 230
g. Location of spoil disposal area on high ground
-portion of tract (See plat)
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
.owner.
i. Will a disposal area be available for future
maintenance? M
If so, where? on high ground property
j. Does the disposal area include any marshland,
swamps, or water areas?
No
k. Will the fill material be placed below mean high
water? No
I. Amount of fill in cubic yards -o-
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?
Silt fence as necessary and within spoil
retention berms.
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hydraulic dredge, backhoe
s. Will wetlands be crossed in transporting equipment
to project site? N If yes, explain steps that will
be taken to lessen environmental impacts.
NA
7 SHORELINE STABILIZATION
a Length of I Mead or ri. . 495 L . f t .
C. Shoreline erosion during preceding 12 months, in
feet- +/- 2
d. Type of bulkhead material Salt treated lumber
e. Amount of fill, in cubic yards, to be placed below
mean high water -o-
f. Type of fill material NA
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 owner claims
title, plus written permission from the owner to cant' 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 Resources
Commission Rule 710203 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 advised by the applicant of
that opportunity.
b. Average distance waterward of mean high water or
normal water level Bulkhead will be located landward of confirmed 404 wetlands line
3/91
F??

Name0 Hatteras Marlin 1 ,h
Address Po sox 218
Hatteras, NC 27943
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Name od'en's Fish a oil Co./attn. Donald odenAny permit issued in response to this application will
Address Po sox 177 allow only the development described in the application.
Hatteras, NC 27943 The project will be subject to conditions and restrictions
contained in the permit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract Include permit numbers,
permittee, and issuing dates.
NA
A check for $250 made payable to the Department of
Environment. Health, and Natural Resources to cover
the costs of processing the application.
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-
ducted 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 application and follow-up monitoring of
project.
This is the St daypr4 November , 1922-_.
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).
X
x
3/91
T Quible
Quible & Associates, P.C. \`3..I
ENGINEERS • ARCHITECTS • ENVIRONMENTALISTS • SURVEYORS • PLANNERS ?Oy P.O. Drawer 870
SINCE 1959 + N Kitty Hawk, NC 27949
d Phone: 9`19-261-3300
Fax: [phone]
6 November 1992
PRINCIPALS
H.W. Bill Gilbert, III, P.E.
William C. Owen, R.L.S.
Mr. Pete Colwell F. Richard Quible, P.E., R.L.S.
1367 US 17 South ASSOCIATES
Elizabeth City, NC 27909 Joseph S. Lassiter, S.E.S.
Waverly C. Ormond, A.I.A.
Sean C. Boyle, P.E.
Eduardo J. Vatdivieso, P.E.
Re: Marlin Cove - CAMA Major Development Permit Application
Dear Mr. Colwell:
The purpose of the letter is for Quible and Associates, P.C. to submit on behalf
of the co-applicants, Ms. Sue Haycox and Mr. Daniel Hoffler, a Coastal Area
Management Act (CAMA) Major Development Permit Application. Also enclosed with
this application is a check for $250.00 made out to the Department of
Environment, Health and Natural Resources to cover the costs of processing the
application, certified letters to adjacent riparian property owners, deeds for
the subject properties, a plan view plat of the project, and a detail sheet which
shows typical cross-sections of the development proposed. There are three
parcels involved in the project, Parcels A and B of the Georgia Rhodes property
totaling 3.41 acres and a separate parcel owned by Eagles Point Inc. The
proposed project is located adjacent to Peerless Lane, off NCRS 1237 in Hatteras
Village, Dare County, North Carolina.
The development proposed in the application is the maintenance excavation of a
man-made basin located adjacent to the subject properties and which intersects
the maintained channel in Back Creek. Historic photographs indicate that the
basin was excavated as a anchorage of fishing vessels approximately 40 to 50
years ago and it was used in this manner until it became too shallow due to the
deposition of sediments. The project proposes to excavate the basin to -6'
which is the approximate minimum depth of the adjoining channel. The excavated
basin would be,approximately 190, long and 125• wide. Because of the proximity
of the proposed project to the maintained channel no entrance channel will be
required. The resulting one segment basin will enhance water circulation and
flushing and should provide no reductions in dissolved oxygen levels. A ten foot
buffer will be maintained from coastal marsh fringes and Section 404 wetlands.
The excavation will be accomplished with a hydraulic dredge and the approximately
3,000 cubic yards of excavated material will be placed in a high ground spoil
retention area (see enclosed plats for details) located on the property.
Additional development proposed includes five (5) six foot wide piers with
mooring pilings. The property is proposed to be subdivided into five lots with
one pier system provide for the private use of each property owner. The
applicant further proposes to bulkhead the shoreline of the property as indicated
on the enclosed plats. The bulkhead will be located immediately landward of the
confirmed Section 404 wetlands line. I will forward under separate cover a copy
of the approved wetlands plats signed by Raleigh Bland of the USCOE. Also
proposed is a 6 foot wide raised wooden walkway to be located adjacent to the
bulkhead on Lots 1 and 2 as specified on the site plan plat. There is a remnent
line of marl rip rap that was apparently used for shoreline stablization along
Back Creek and which extends partway into the basin. A portion of this material
is within the alignment of the proposed walkway. It will be necessary to remove
this rip-rap so that the pilings can be washed down. The material currently
represents a hazard to navigation as well. This rip rap will be removed with a
backhoe sufficient to allow for placement of the structure.

page 2
Thank you for your attention to this CAMA application. Please review the
enclosed materials and if you have questions, comments, or need additional
information call me at 919-261-3300. If your review determines that the
application is complete I request, on behalf of the applicants, that you initiate
the mandatory review process. The applicants know that there is the potential of
a dredging motatorium in early 1993 and ask that you proceed with processing the
application as quickly as you can.
I will be in-touch by telephone next week.
Sincerely yours,
Joseph S. Lassiter
Manager, Environmental Section
Quible and Associates, P.C.
cc: Ms. Sue Haycox
Mr. Daniel Hoffler
Mr. Bill Gilbert

To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
COUNTY:
WaRO PROJECT ?,? - D ) WQ SUPERVISOR. THpRPE
REVIEWER: SAWYER DATE: <' . a S j i?4z
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PROJECT NAME:,--
PERMIT YR: 9 ba=SfPERMIT :
PROJECT TYPE: TYPE:
COE #: DOT #:
(C±wCOE
7
nFC - 2192
'52-t114,
#: PAS 5 ZsJ
RCD FROM CDA: DCM DATE FROM CDA:
REG OFFICE: WaRO RIVER ANDS BASIN
STREAM OR JACENT WATER BODY:
=a
CLASS: _-5 4 STREAM INDEX
OPEN OR CLOSED:
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?• WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATIN ._SHE ATTACHED?
RECOMMENDATION: ISSUE SSUE/COND DENY
WATER QUALITY CERT. (401
CERT. REQ'D: nA n
IF YES, TYPE:
SEWAGE DISPOSAL
#: 30- ?.2
HOLD
STORMWATER PLAN REQ'D: ? IF YES, DATE APPROVED:
PR
OJECT DESCRIPTION: `go l ZSJ
Y -?
p Al
ei? r
TYPE OF DISPOSAL PROPOSEDi------
(EXISTING, PROPOSED EPTIC T ETC.)
TO BE PERMITTED BY:
(DEM, DHS,?
IF BY DEN, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: - WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING '?._
AREA TO BE DREDGED: 931 ? 5-o
IS DREDGING ACTjVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? ^'
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? / V
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES: /
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS: v
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
Ai
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
CA-A

r
A
DIVISION OF E IRONMENTAL MANAGEMENT
MEMORANDUM
• TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
a. .
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews an-iiatd for Stormwater Review
Project No.: - ?...
Date Received: !l
s4 Date Comment : Z
Description of Project:
Project : ,/?4 ! Q???G?? /_ ?l?
Comments:
I
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 20, 1992
Regulatory Branch
Action ID. 199300496
Mr. Joseph Rhodes
704 Harris Point Drive
Virginia Beach, Virginia 23455
Dear Mr. Rhodes:
21M 3
On February Ili 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application, received November 17, 1992, submitted on
your behalf by.Ms. Sue Haycox and Mr. Daniel A. Hoffler, for Department of the
Army authorization to excavate a basin, construct a dock and five piers,
install pilings and construct and backfill a bulkhead on Back Creek off
Pamlico Sound, Marlin Cove, Hatteras Village, Dare County, North Carolina,
indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will
be accomplished by the.North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will'be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199300496
and will be coordinated by Mr. Raleigh Bland in our Washington Field Office.
He is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
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
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
16/ North 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
Habitat Conservation Division
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, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Ms. Sue Haycox
Post office Box 58
Hatteras, North Carolina 27943
Mr. Daniel A. Hoffler
Post Office Box 1467
Chesapeake, Virginia 23310
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
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 SUE HAYCOX AND
DANIEL HOFFLER of Dare County, filed an application on November 9, 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 the applicants propose to excavate an existing boat
basin, construct a bulkhead and. five piers to provide deep water access for five lots in the
proposed Marlin Cove Subdivision. The property is located on Peerless Lane off Kohler
Drive (S.R. 1237), Hatteras Village..
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 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.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before December 14, 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 N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 7, 1992 for consideration in the LAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
December 2, 1992 for consideration in the water quality certification decision. Later
comments on the CAMA 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, NOVEMBER 17, 1992

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Sue Haycox and Daniel Hoffler
2. LOCATION OF PROJECT SITE: Rhodes tract on Peerless lane off Kohler Drive (S.R. 1237),
Hatteras Village,. Dare County
Photo Index - 1989: 198-2, N-9 1984: 147-386, 0-15
State Plane Coordinates - X: 2989000 Y: 552900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/08/92 10/22/92
Was Applicant Present - Yes Yes
5. PROCESSING PROCEDURE: Application Received - November 9, 1992
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation NOV 2 41992
(B) AEC(s) Involved: ES, CW, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private WATER L AUTGROUP
SECTION
(E) Wastewater Treatment: Existing - None
Planned - Single family septic systems
(F) Type of Structures: Existing - None
Planned - 495 ft. of bulkhead, 300 ft. wooden walkway, 5 50 ft.
piers, 18 mooring piles
(G) Estimated Annual Rate of Erosion: 2 feet
Source - Applicant
7. HABITAT DESCRIPTION: (AREA)
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 23,750 square feet
Shallow Water Bottom
(C) Other 31,200 square feet
High Ground
(D) Total Area Disturbed: 54,950 square feet (1.3 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant proposes to excavate a 190 ft. x 125 ft. x -6 ft. basin in an
existing shallow water basin; constrict 495 ft. of bulkhead, a 300 ft. x 6 ft. wooden walkway, and
five 6 ft. wide piers with mooring piles to provide deep water access for five lots in the proposed
Marlin Cove Subdivision.

Haycox/Hoffler
Bio Report
Page Two
Site Description
Ms. Sue Haycox is current finalizing the purchase of the Georgia Rhodes property on
Peerless Lane off Kohler Drive (S.R. 1237) in Hatteras Village. The property consists of Parcel
A (Lots 1-5) and Parcel B on the enclosed Marlin Cove Plat. As the property owner of Eagles
Point, Inc., Mr. Daniel Hoffler is co-applicant on the permit application upon closing on the
property Ms. Haycox will submit the appropriate Deed of Ownership. The existing deeds and
purchase agreement have been provided.
The bulk of the 3.4 acre Rhodes property consists of a high ground 3 acre dredge spoil
disposal site. Aerial, photographs indicate that the site was last used for dredge spoil disposal
between 1978 and 1984. The site is currently vegetated by various upland grasses in the middle
portion and a live oak uercus vir iniana) and red cedar Juni eras vir iniana) thicket along
the western property line. A shrub thicket of red cedar, yaupon Ilex vomitoria), silverling
(Baccharis halimifolia) and Spanish bayonet (Yucca VP.) extends around the northern and
eastern shorelines of Parcel A. The existing 2 story frame house on the southern portion of
Parcel A is to be removed.
A historic 1/2 acre boat basin off Back Creek is located between Parcel A and Parcel B.
The basin is approximately 180 ft. across at Back Creek, 200 ft. in length and 150 ft. wide at
its end. Water depths in the basin are -2 to -3 ft. No rooted submerged aquatic vegetation was
found in the basin and only a few scattered oysters were observed. Historic photographs
indicate that the basin was dug 40 to 50 years ago as a protective anchorage and was used as
such until it shoaled in. Adjacent waters in Pamlico Sound and Back Creek are classified as SA
waters and are closed to shellfishing.
Wetlands on the property consist of a salt marsh cordgrass S artina alterniflora) marsh
around the perimeter of the basin including all of Parcel B and an area of black needlerush
(Juncus roemarianus marsh on Lots 4 and 5 as shown on the enclosed plats. The coastal marsh
fringe along Back Creek ranges in width from 2 ft. to 8 ft. Just waterward of this marsh fringe
is a line of concrete rip rap partially buried in the near shore sediments. Approximately 100 ft.
of the shoreline along Lot #2 has no marsh fringe. The marsh fringe picks back up along Lot
#3 and continues around the basin with increasing widths up to 80 ft. at Parcel B. The Section
404 wetlands line follows along just landward of the coastal marsh and extends a bit further at
the basins southern end.
The applicants propose to excavate the existing shallow basin, bulkhead the western
shoreline and along Back Creek, and construct five short piers to provide deep water access for
five lots in the proposed Marlin Cove Subdivision. The existing twelve foot wide access road
will be paved with asphalt or concrete.
A
Haycox/Hoffler
Bio Report
Page Three
The boat basin will be excavated by hydraulic dredge to approximately 190 ft. x 125 ft.
x -6 ft. deep. The basin will be connected to the existing 6 ft. deep channel in Back Creek.
A minimum of a ten foot buffer will be left between the excavation and the marsh along the
south and east sides of the basin. A 5 ft. buffer is shown along the west side and a 2:1 slope
is to be left along the basin sides. The dredge spoil material will be pumped into a 240 ft. x 130
ft. diked disposal area on Parcel A. The dikes are to be 4 ft. high and 25 to 60 ft. from NWL.
Approximately 3,000 cubic yards of sand are estimated to be excavated from the basin. The
material will be spread and stabilized on site. The effluent pipe is shown emptying into a rip
rap bed allowing the water to filter back into the basin. The applicants also propose to remove
the partially buried rip rap along Back Creek to allow limited shallow boat access to the
walkway. The rip rap is to be removed piece by piece using a backhoe.
A 495 ft. long wooden bulkhead with backfill is to be constructed immediately landward
of the Section 404 wetlands line. The bulkhead will extend from the Hatteras Marlin Club
property line on Back Creek around the west side of the basin to its southern corner. A 300 ft.
x 6 ft. wide raised wooden walkway/dock is to be constructed along the outside of the bulkhead
on Lots 1 and 2.
To provide deep water access for each lot, five 6 ft. wide piers with associated mooring
piles are proposed along the west and south sides of the basin. The piers for lots 1, 2, and 3
will be 50 ft. in length extending out into the basin about 25 ft. Four mooring piles will be
placed around each pier providing 2 boat slips per pier. The pier for Lot #4 will extend 53 ft.
from the access road across the wetlands and 30 ft. into the basin. It will only have one boat
slip with two mooring piles on the north side. Pier #5 is shown extending 40 ft. into the basin
from its southern end and will have four mooring piles and 2 boat slips. Although the pier is
shown on the plat to be 50 ft. long, it will need to be extended another 40 ft. landward to reach
the access road and highground.
Anticipated Impacts
The proposed excavation will deepen 23,750 square feet of shallow water bottom habitat
to -6 ft. Since the basin has such a wide opening on a deep water channel with a relatively
strong tidal flow there should be adequate flushing and no significant impacts to water quality.
A turbidity curtain could be placed across the basin during excavation to reduce water quality
impacts during excavation. Approximately 1 acre of highground will be disturbed by the
creation of the dredge spoil disposal area and by the bulkhead construction.
The removal of the rip rap along Back Creek may disturb some of the marsh fringe as
the concrete pieces are pulled out. Care should be taken in removing the rip rap to avoid and
minimize impacts to the adjacent marsh.
ri
Haycox/Hoffler
Bio Report
Four
The proposed walkway/dock along Lots #1 and 2 will shade approximately 1,200 square
feet of coastal marsh. The five access piers will shade another 600 square feet of marsh and
Section 404 wetlands. The piers will provide dock space for up to nine boats adding to the
cumulative impacts of boats along Back Creek and Hatteras Harbor.
CAMA Review
The project area is considered to be in the Conservation Classification of the Dare County
Land Use Plan. A full consistency review will follow this report.
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.
co- 1 APPLICANT s
a. Name
Haycox
Hof flerAddre;
Haycox
Hof f lerCity _
Haycox
Ms.Sue Haycox g Daniel A. lioffFer
PO Box 58
;S PO Box 1467
Hatteras, NC 27943
Chesapeake State VA 23320
919- -
HofflerZiP--%ee ab YaDayphone 804-481-6335
Landowner or Authorized agent
b. Project name (if any) Marlin Cove
c. If the applicant is not the landowner, also give the
owner's name and address.
Mr. Joseph Rhodes
704 Harris Point Drive
Virginia Beach, VA 23455
(for Parcels a m B)
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NCSR 1237
b. City, town, community, or landmark
Hatteras Village
c. County DARE
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Back creek off 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). Maintenance excavation of man-made
basin with new bulkhead & piers
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?
PRIVATE
d. Describe the planned use of the project.
S i nal o fami l p l p n i n l nrisa wOOd n
walkvaVa hnat otiFS and hn7khaaAoA l..a
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 3.41 Acres
b. Size of individual lot(s) 7n nnn ?,. f.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
NGVD (1929) 6.0'
d. Soil type(s) and texture(s) of tract
?uckston. Carteret
e. Vegetation on tract Spanish bayonet, Live Oaks,
Red Cedar
f. Man-made features now on tractAbandoned single
family residence
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation X Transitional
Rural Developed Community
Other RECFtNlEO
h. How is the tract zoned by local government?
R2 -A
?
i. How are adjacent waters classified?
SA L'.
j. Has a professional archaeological survey been
carried out for the tract? NO If so, by whom?
NA
3/91

5 UPLAND DEVELOPMENT
Complete this section if the project includes an}, land
development.
a. Type and number of buildings, facilities, or
structures proposed NA
b. Number of lots or parcels 5
c. Density (Give the number of residential units and the
units per acre.) 5 single family homes at
appx. 2 units per acre
d. Size of area to be graded or disturbed
15,000 cv_ft_
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? NA
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.
03
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
12' wide access road will be asphalt or
concrete.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NA
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Single family septic
j. Have these facilities received state or local approval?
Soils on site have been approved as
acceptable by Dare County Health Dept.
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"). NA
m. Water supply source
Private wells
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
NA
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break- 5
water, pier, mooring
boat ramp, Piers at
rock jetty) Wooden
walkway ad'acent
Fill placed in ulkhea
wed and or below
MHW
Upland fill Hydrauli
areas Spoil Retenti
Area
Length Width Depth
NA
190 125 -6'
50' 6' -6'
300 6 NA

-0- -o-
....

0 "'
240 130 <a -
:::::•::
b. Amount of material to be excavated from below
water level in cubic yams +/- 3 , 000 CY
c. Type of material sand
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
NO
e. High ground excavation, in cubic yards, ?2
Anil
0

T Dimensions of spoil disposal area
240 x 230
g. Location of spoil disposal area on high ground
-portion of tract (See plat)
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? VBs
If so, where? on high ground property
j. Does the disposal area include any marshland,
swamps, or water areas?
No
k. Will the fill material be placed below mean high
water? No
I. Amount of fill in cubic yards -o-
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?
Silt fence as necessary and within spoil
retention berms.
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Hydraulic dredge,backhoe
s. Will wetlands be crossed in transporting equipment
to project site? ?Q If yes, explain steps that will
be taken to lessen environmental impacts.
uA
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 495 L. ft.
c. Shoreline erosion during preceding 12 months, in
feet +/- 2
d. Type of bulkhead material Salt treated lumber
e. Amount of fill, in cubic yards, to be placed below
mean high water _ _o_
f. Type of fill material NA
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 owner claims
title, plus written permission 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 an 8
1/2 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 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 mad (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
adUacent 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 advised by the applicant of
that opportunity.
b. Average distance waterward of mean high water or
normal water level Bulkhead will be located landward of confirmed 404 wetlands line
3/91
?.. ?n9

OW
Ov S
Name' Hattera4 Marlin 1nh
Address Po sox 218
Hatteras, NC 27943
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Name oden's Fish s oil Co./attn.Donald odenkny permit issued in response to this application will
Address Po sox 177 allow only the development described in the application.
Hatteras, NC 27943 The project will be subject to conditions and restrictions
contained in the pennit.
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
NA
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
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-
ducted 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 application and follow-up monitoring of
project.
This is the Sthdayp November , 1992 .
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).
X
R
E,Knr° ,
3/91
`if? . .? --%
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 q
IN REPLY REFER TO November 20, 1992
Regulatory Branch
Action ID. 199300496
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department. of Environment,
Health and Natural Resources
Post Office Box 2768.7
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Mr. Joseph Rhodes, represented by Ms. Sue
Haycox and Mr. Daniel A. Hoffler, for Department of the Army authorization and
a State Water Quality Certification to excavate a basin, construct a dock and
five piers, install pilings and construct and backfill a bulkhead on Back
Creek off Pamlico Sound, Marlin Cove, Hatteras Village, Dare County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
,404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by January 20, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. ne Wri t
Chie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
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
Mr. David_Griffin,,District Manager,
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909

., ? 1
I-q ;D Pie type or print. Carefully describe all anticipated l 0"
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your If you plan to build a marina, also complete and
project, write N/A (not applicable). Items 14and 8-9': ° attach Form DCM-MP-2.
must be completed for all projects.
b. Is the proposed activit m '
co- 1 APPLICANT -s -g-ITT -
a. Name Ms sue an cox ? Daniel A. o gr
Haycox PO Box 58
HofflerAddress_PO Box 1467
Haycox Hatteras, NC 27943
HofflerCity Chesapeake State VA 23320
Haycox 919- -
HofflerZiP sr& above Day phone [phone]
xx Landowner or Authorized agent
b. Project name (if any) Marlin Cove
c. If the applicant is not the landowner, also give the
owner's name and address.
Mr. Joseph Rhodes
704 Harris Point Drive
Virginia Beach, VA 23455
(for Parcels A a B)
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NCSR 1237
b. City, town, community, or landmark
Hatteras Village
c. County DARE
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Back Creek off Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
y amtenance of an
existing project, new work, or both?
BOTH
Will the project be for community, private, or
commercial use?
PRIVATE
d. Describe the planned use of the project.
Rinala fa-41n 1_f_ to include wooden
walkwava hoar ttlipg and hnikheadea a
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 3.41 Acres
b. Size of individual lot(s)+f_ 2o,ooo_
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
NGVD (1929) 6.0'
d. Soil type(s) and texture(s) of tract
?uckston. Carteret
e. Vegetation on tract Spanish bayonet, Live oaks,
Red Cedar
f. Man-made features now on tractAbandoned single
family residence
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation g Transidonal
Rural Developed Community
Other iRscOVED
h. How is the tract zoned by local government?
R2 -A
i.
How are adjacent waters classified?
SA
Erud,.v, ?.. ,
Has a professional archaeological survey been
carried out for the tract? No If so,. by whom?
NA
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead, ?'
or pier). Maintenance excavation of man-made
basin with new bulkhead i piers
3/91
. , 44
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed NA
b. Number of lots or parcels 5
c. Density (Give the number of residential units and the
units per acre.) 5 single family homes at
appx. 2 units per acre
d. Size of area to be graded or disturbed
15_p oon S11- ft..
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? NA
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.
0%
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
12' wide access road will be asphalt or
concrete.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NA
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Single family septic
j. Have these facilities received state or local approval?
Soils on site have been approved as
acceptable by Dare County Health Dept.
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"). NA
m. Water supply source
Private wells
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
NA
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break- 5
water, pier, moor
boat ramp, Piers
rock jetty) Wooden
Walkway adjace
Fill placed in Bulk
wetland or below
MEW
Upland fill Hydra
areas Spoil Ret
Area
Length Width Depth
NA
190 125 -6'
ing so, 6' -6'
at
300 6 NA
nt t c)
head

-0- -0- :

uli
enti n240 130 ".
.:..

b. Amount of material to be excavated from below
water level in cubic yards +/- 3, 000 Cr
c. Type of material
Sand
d. Does the area to be excavated include marshland,
swamps, or other wetlands? r ?,* ?sD
NO
e. High ground excavation, in cubic yards,. n
n
?, r,.:?3191'y
Quible
Quible & Associates, P.C.
ENGINEERS • ARCHITECTS • ENVIRONMENTALISTS • SURVEYORS • PLANNERS P.O. Drawer 870

SINCE 1959
.
N Kitty Hawk. NC 27949
VC;
? Phone: [phone]
Fax: [phone]
6 November 1992 PRINCIPALS
H.W. Bill Gilbert, III, P.E.
William C. Owen. R.L.S.
Mr. Pete Colwell F. Richard Quible. P.E.. R.L.S.
1367 US 17 South ASSOCIATES
Elizabeth City
NC 27909 Joseph S. Lassiter. S.E.S.
, Waverly C. Ormond, A.I.A.
Sean C. Boyle, P.E.

Re: Marlin Cove - CAMA Major Development
Permit Application Eduardo J. Valdivieso. P.E.
Dear Mr. Colwell:
The purpose of the letter is for Quible and Associates, P.C. to submit on behalf
of the co-applicants, Ms. Sue Haycox and Mr. Daniel Hoffler, a Coastal Area
Management Act (CAMA) Major Development Permit Application. Also enclosed with
this application is a check for $250.00 made out to the Department of
Environment, Health and Natural Resources to cover the costs of processing the
application, certified letters to adjacent riparian property owners, deeds for
the subject properties, a plan view plat of the project, and a detail sheet which
shows typical cross-sections of the development proposed. There are three
parcels involved in the project, Parcels A and B of the Georgia Rhodes property
totaling 3.41 acres and a separate parcel owned by Eagles Point Inc. The
proposed project is located adjacent to Peerless Lane, off NCRS 1237 in Hatteras
Village, Dare County, North Carolina.
The development proposed in the application is the maintenance excavation of a
man-made basin located adjacent to the subject properties and which intersects
the maintained channel in Back Creek. Historic photographs indicate that the
basin was excavated as a anchorage of fishing vessels approximately 40 to 50
years ago and it was used in this manner until it became too shallow due to the
deposition of sediments. The project proposes to excavate the basin to -6'
which is the approximate minimum depth of the adjoining channel. The excavated
basin would be approximately 190, long and 125, wide. Because of the proximity
of the proposed project to the maintained channel no entrance channel will be
required. The resulting one segment basin will enhance water circulation and
flushing and should provide no reductions in dissolved oxygen levels. A ten foot
buffer will be maintained from coastal marsh fringes and Section 404 wetlands.
The excavation will be accomplished with a hydraulic dredge and the approximately
3,000 cubic yards of excavated material will be placed in a high ground spoil
retention area (see enclosed plats for details) located on the property.
Additional development proposed includes five (5) six foot wide piers with
mooring pilings. The property is proposed to be subdivided into five lots with
one pier system provide for the private use of each property owner. The
applicant further proposes to bulkhead the shoreline of the property as indicated
on the enclosed plats. The bulkhead will be located immediately landward of the
confirmed Section 404 wetlands line. I will forward under separate cover a copy
of the approved wetlands plats signed by Raleigh Bland of the USCOE. Also
proposed is a 6 foot wide raised wooden walkway to be located adjacent to the
bulkhead on Lots 1 and 2 as specified on the site plan plat. There is a remnent
line of marl rip rap that was apparently used for shoreline stablization along
Back Creek and which extends partway into the basin. A portion of this material
is within the alignment of the proposed walkway. It will be necessary to remove
this rip-rap so that the pilings can be washed down. The material currently
represents a hazard to navigation as well. This rip rap will be removed with a
backhoe sufficient to allow for placement of the structure.
a. ,mot
W
page 2
Thank you for your attention to this CAMA application. Please review the
enclosed materials and if you have questions, comments, or need additional
information call me at 919-261-3300. If your review determines that the
application is complete I request, on behalf of the applicants, that you initiate
the mandatory review process. The applicants know that there is the potential of
a dredging moratorium in early 1993 and ask that you proceed with processing the
application as quickly as you can.
I will be in touch by telephone next week.
Sincerely yours,
Joseph S. Lassiter
Manager, Environmental Section
Quible and Associates, P.C.
CC*. Ms. Sue Haycox
Mr. Daniel Hoffler
Mr. Bill Gilbert
-r c ':i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 30, 1992
Regulatory.Branch
Action ID. 199300496
Mr. Joseph Rhodes
704 Harris Point Drive
Virginia Beach, Virginia 23455
Dear Mr. Rhodes:
Reference your application, submitted on your behalf by Ms. Sue Haycox and
Mr. Daniel A. Hoffler, for Department of the Army (DA) authorization to
excavate a basin, construct a dock and five piers, install pilings and
construct and backfill a bulkhead on Back Creek off Pamlico Sound, Marlin
Cove, Hatteras Village, Dare County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a.- Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by December 21, 1992. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Raleigh
Bland, Washington Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
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
Mr. John Dorney
Division of Environmental Management
rth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Sue Haycox
Post Office Box 58
Hatteras, North Carolina 27943
Mr. Daniel A. Hoffler
Post Office Box 1467
Chesapeake, Virginia 23320

?z6S?
DEPARTMENT OF THE ARMY R'
WILMINGTON DISTRICT, CORPS OF ENGINEER WA5
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 31, 1992
Regulatory Branch
Action ID. 199200496
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:
Reference the application of Mr. Joseph Rhodes, represented by Mr. Daniel
A. Hoffler and Ms. Sue Haycox, for a Department of the Army permit to excavate
a basin, construct a dock and five piers, install pilings and construct and
backfill a bulkhead on Back Creek off Pamlico Sound, Marlin Cove, Hatteras
Village, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. No work will be performed between March 30 and November 1 of any year
to avoid periods of peak biological activity.
b. The bulkhead will be positioned immediately landward of Section 404,
Clean Water Act, jurisdication. To prevent an unintentional violation of this
authorization, a representative of the Corps of Engineers will be available to
verify the bulkhead alignment prior to construction.
C. All backfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
d. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
e. No vegetated wetlands will be filled.
f. Dredging in areas containing riprap material will be deleted from
plans. Riprap will be left in place to protect emergent wetlands.
\y
-2-
g. To maintain a stable shallow water buffer and protect existing salt
marsh, a minimum 10-foot-wide buffer will be left between any excavated area
and the marsh around the entire basin regardless of the presence of riprap
material.
h. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
i. The terminal end of the pipeline from the dredge into the diked
retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
j. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended.solids.
k. Flow from the diked retention area will be confined by pipe, trough,
or similar device to a point at or below the mean low water (MLW) elevation
contour to prevent gully erosion and siltation.
1. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
M. Excavation will not exceed 6 feet below the elevation of mean low
water (MLW).
n. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
o. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
p. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less will not be considered significant.

-3-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
VMr. 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
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. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
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