19920183 Ver 1_COMPLETE FILE_19920101

DEPARTMENT OF THE ARMY
e. 4r,
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
?, / WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 22, 1992
Regulatory Branch
Action ID. 199201615 and State Permit No. 54-92
Ms. Elizabeth O. Howard
Post Office Box 98
Ocracoke, North Carolina 27960
Dear Ms. Howard:
By copy of North Carolina Department of Environment, Health and Natural
Resources letter to you of June 5, 1992, we have learned that State Coastal
Area Management Act (CAMA) authorization for you to replace two piers on
Silver Lake, Ocracoke, Hyde County, North Carolina, has been revoked because
it was found to be inconsistent with the Ocracoke Land Use Plan and the North
Carolina Coastal Management Program.
Under the administrative rules of our regulatory program, this revocation
of the required State permit precludes you from being able to avail yourself
of the authority provided by our general permit No. CESAW-C080-N-000-0291. In
other words, without State authorization, you have no Federal permit, and your
application is hereby considered denied, without prejudice. Upon being
informed that your State permit has been reinstated, we will be glad to give
consideration as to Federal authorization pursuant to our general permit.
Mr. Raleigh Bland of my Washington Field Office staff is available to
answer any questions. He may be reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished:
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
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
I Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
w '-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 15, 1992
Regulatory Branch
Action ID. 199201615 and State Permit No. 54-92
Ms. Elizabeth 0. Howard
Post Office Box 98
Ocracoke, North Carolina 27960
Dear Ms. Howard:
D
Reference your application for a Department of the Army permit to replace
two piers on Silver Lake, Ocracoke, Hyde County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-C080-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
r
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
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
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
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
-2-

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1 RECEIVED
+ _'3 WASHINGTON OFFICE
MAR 1 1992
D. E M.
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
William W. Cobey, Jr., Secretary
March 30, 1992
NUD ORANDUM
Roger N. Schecter
Director
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: Elizabeth Howard
Project Location: Old Post Office Shop off SR 1328 on Silver Lake, Ocracoke,
Hyde County.
Proposed Project: To construct two piers, 55' x 8' with a 20' x 20' deck and
45' x 8' with a 20' x 40' deck, in place of two existing piers and a 175' x 16'
walkway over the existing bulkhead and rip rap.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by April 21, 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.
REPLY This agency has no objection to the project as proposed.
116is 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.
Signed
Date
Route 6 Box 203, Elizabeth City/North Carolina 27909 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW

PROJECT NAM
COUNTY : PROD CT Il : -0
STREAM OR?D ACENT WATER BODY: CLASS:
BASIN: 'IOPEN OR CLOSE : (FOR SHELLFISHING
STORMWATER PLAN REQ D. _(Y OR N) c
IF YES, DATE?PROVED: ,
PROJECT DESCRIPTION:
TYPE GEN: (INDIVIDUAL CERT: _ AN - J 1991
(BULKHEAD, BOAT RAMP, ETC.)
ASSIGNED TO:
DATE APP. RECT.: 9 -.D 3 3 (YY/MM/DD) JOINT NOTICE -? (Y/N)
INITIAL REPORT: T- (YY/MM/DD) RECOMMENDATION: o;Py4A••P
FINAL REPORT: Z.D O (YY/MM/DD) (ISSUE/DENY/OTHER) M_
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N) D
IF YES GENERAL CERT• (Y OR N)
(IM' i1.
(EXIS , PROPOSED SEPTIC TANK f ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND:
IS FILL ELIMINATING A SIGNIFICANT
USE?
(Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N) AREA TO BE DREDGED
IS SPOIL DISPOSAL 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.)
ONS OR PERMIT RESTRICTIONS:
cc: WaRO - Dorney - Central Files - DCM: J. Parker, Morehead City,
Washington, Elizabeth City
DIVISION OF 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:
? L--
Project No.: -2- 0 a
Date Received: ! 2- 92:3
F?
-1-x-itial Date Comment:
Description of Project:
2c'el waey-
Comments:
OFFICE OF COASTAL MANAGEMENT RC CE.wED
FIELD INVESTIGATION REPORT WASHINGTON CITICE
1. APPLIUNT'S NAME Elizabeth Howard
2. LOCATfbN OF PROJECT SITE
?i:
PHOTO''JtNDX: 1989:_197-2, L-11 1984:_148-369. 4-N
STAT11PLANE COORDINATES: X:2902200 Y:508400
3. INVEGATION TYPE: DREDGE & FILL_
4. INVESftGATIVE PROCEDURE:
(A) DATES OF SITE VISIT_06L26/91
(B) WAS APPLICANT PRESENT Yes
CANA X
_01/15/92
No
5. PROCROSING PROCEDURE: APPLICATION RECEIVED March 27, 1992
OFFICE Elizabeth City
6. SITE b$SCRIPTION:
(A) LOCAL LAND USE PLAN Hyde County
LAND CLASSIFICATION FROM LUP_Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP
(B) ASC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS_X_
ESTUARINE WATERS X OTHER
(C) HATER DEPENDENT: YES_X NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) E OF WASTE WATER TREATMENT: EXISTING Septic tank and
`
PIAdrainfield
NNED d one
(F) TOE OF STRUCTURES: EXISTING Retail store, bulkhead, 2 piers
I ANNEDJI? ft. wide walkway along bulkhead, expand piers to
75 ft. and 65 ft. total length
(G) IftIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
(B) NbN-VEGETATED WETLANDS:
Public Trust Waters
(C) WHER:
Up1am
(D) ftTAL AREA DISTURBED:
8. PROJIft SUMMY: Applicant
al w4+4% Al hbn 1 v 7n 1 A--I, --A A
2000sq.ft.
1400sa.ft.
3400 sq.ft. (0.08 acre)
3roposes to construct two piers, 55'
' x 8' with a 20' x 40' deck, in pla
1 .f 1 r 1 ton 1 Y,on\! -- +-I%- ,.v, ..?
AREA
DREDGED FILLED OTHER
Coverage
ElizAbeth Howard
Bio Report
Page Two
Sites.Descriotion
The applicant currently owns a 1.5 acre tract off SR 1328 on
the north side of Silver Lake in Ocracoke Village, Hyde County.
The 170 ft. shoreline of the tract is bulkheaded with riprap
extending 5 to 7 ft. waterward of the bulkhead. A 50ft. x 3 ft.
and 30 ft. x 2.5 ft. pier are located near the center of the
property. A retail shop called the "Old Post Office Shop" is
located on the property 25 ft. to 30 ft. behind the bulkhead and
has Ah 8 ft. wide deck on its waterward side. Vegetation on the
lot d6nsists of various grasses and a few scattered red cedars.
The waters of Silver Lake are classified as SC by NC DEM.
SilVGr Lake is a maintained navigation harbor with depths to -14
ft. MLW. Water depths adjacent to the applicant's property
quickly drop off to 6 ft. plus within 20 ft. of the shoreline.
Existing piers along the north side of Silver Lake range up to
180 ft. long at the Anchorage Inn Marina.
The applicant proposes to construct two new piers in place
of the existing piers. Originally the applicant had proposed 8
ft. Wide piers of 100 ft. and 142 ft. long with a 24 ft. x 8 ft.
"L" Illatform on one and a 20 ft. x 8 ft. "T" head on the other.
After preliminary review by this office the applicant has revised
their proposal reducing the length of the piers in order to
redUdG possible docking space and avoid being classified as a
marina.
The current proposal is to construct two 8 ft. wide piers of
55 ft. and 45 ft. long. The 55 ft. pier will have a 20 ft. x 20
ft. "L" platform and provide 4 boat slips. The 45 ft. pier will
have 'a 20 ft. x 40 ft. "L" platform and provide 4 more boat
slipd. The applicant shows 21 mooring piles to be installed
aroutfd the pier ends to outline the boat slips. According to the
applibant the piers will provide dockage only for "local resident
traffic" and no live aboards. A 16 ft. wide walkway is also
prop6bed along the existing bulkhead. Approximately 8 ft. of it
will, be landward of the bulkhead and the other 8 ft. will
overhdng the existing riprap.
Antidipated Impacts
The proposed piers will cover 2000 sq. ft. of public trust
watetbe with an additional 2600 sq. ft. area occupied by the 8
boat Blips. The applicant has stated that no more than 9 or 10
boati will be docked at the piers, her intent is not to provide a
marina facility. There are several commercial marinas as well as
15 'ivate piers that also provide docking space around Silver
Lake; The applicant's proposal will add to the cumulative
impadts to water quality in Silver Lake. The pier construction
will?;bause some short-termed, localized turbidity.
Elizabeth Howard
Bio Report
Page Three
LAMA Land Use Plan Review
The proposed project is located within the Estuarine Waters
and Estuarine shoreline areas of environmental concern. The Hyde
County Land Use Plan places all AEC's in the Conservation land
classification. For Ocracoke, the County's plan states that
generally only water-dependent uses will be allowed in the
Estuarine System. The plan goes on to say that policy statements
under the policies sections "for both Ocracoke and the Mainland
address Hyde County's intentions concerning the use of land within
the Conservation class".
Turning to those specific policies, Hyde County gives
highest priority to "protection and coordinated management to
safeguard the biological, social, economic and aesthetic values
of the estuarine system, and to ensure development is compatible
with the natural characteristics of the system to minimize the
likelihood of significant loss of private property and public
resources". The County will permit only those uses which are
compatible with the values of the estuarine system and which
conform to the LAMA general use standards for the estuarine
system.
Hyde County also wishes to promote conservation and good
management of its public trust waters. The County feels
appropriate uses protect public rights for navigation and
recreation and that allowable uses shall be those which do not
cause detriment to the physical or biological functions of public
trust areas such as navigational channels, drainage ditches,
bulkheads to prevent erosion, piers, docks, or marinas.
The piers' dimensions and impacts must be evaluated against
the above standards. It is also important to note that the
Ocracoke section of the Hyde County plan states that the County
has strong concern over the potential impact upon water quality
from marinas, and that "marinas are not considered to be
desirable in Ocracoke". This policy of not allowing marinas in
Ocracoke must be kept in mind in this permit consideration.
Submitted by: Peter B. Colwell
Date: March 30, 1992
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Onto maps,
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Seot'° P?,y ot
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 he completed for all projects.
1 APPLICANT
a. Name d1c:t.?1P '? f! I1c)lX,1(1Y(I.
Address
City Statc-1 L
Zip L4 ' Day phone: ?`? ' , )c9~
If you plan to build a marina, also complete and
attach Form DCM-MP-2. '91
b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Will the project be for community, private, or
commercial use?
d. Describe the planned use of the project.
d- r t, ,.
Landowner or Authorized agent
b. Project name (if any) N A
c. If the applicant is not the landowner, also give the
owner's name and address.
-T
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
i
b. City, town, community, or landmark
c. County E < <'?
d. Is proposed work within city limits or planning
jurisdiction? ?,
e. Name of body of water nearest project
I l oeX L e t f' c? ,
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.' ?.r ( < C .
b. Size of individual lot(s) ti? i
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
it - C_ ?
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract ; , } 4,
f. 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 Other
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a hotne, motel, marina, bulkhead,
or pier).
k_.. 4 n1l1Yr,?
h. ]low is the tract zoned by local government?
ty ? ?
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey been
carried out for the tract? ?Jej If so, by whom?
3/91
imcNVED
5 UPLAND DEVELOPMENT -
Complete this section i f the project includes any land SIP 6 19
development.
tr..?
FI?r?MA? CM
a. Type and number of buildings, facilities, or m. Water supply source
structures proposed_
b. Number of lots or parcels
c. Density (Give the numberof residential units and the
units per acre.)_______ _
d. Size of area to be graded or disturbed
e.
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.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
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
Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7). 1 )? I p?
Length ?\ Width Depth
Access channel
(MI.W) or (NWL)
Boat basin
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
I. Describe proposed sewage disposal and/or waste
watertrratment facilities.
J. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
Other(break-
water, pier,
boat ramp, u U?? d
rock jetty) /V?
Fill placed in
wetland or below
MHW
Upland Fill
areas

55' 20 . Za'
45' 9' Zo'X vo
1-75

4e, k
'de, V
b. Amount of material to be excavated from below
water level in cubic yards A
c. Type of material
1. Describe location and type of discharges to *aters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). _
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?
d. Does the area to be excavated Include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yardt?
3/91
f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in
,Ilet W, V1L?_
G
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? _
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of f ill 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
(I. Now will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
_
s. Will wetlands be crossed in transporting equipment
to project site? ___ If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap K) ' C x i
b. Average distance waterward of mean high water or
normal water level 4 t
d. Type of bulkhead material f J f t ' , f 1 Y1 d'1 '°"A mount of fill, in cubic yards, to be placed below
mean high water O Ii i1 Al
f. Type of fill material
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 l 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 advised by the applicant of
that opportunity.
3/'91
Name _I 1,j 100
Address
6
Name tiCl? ?an?bn(e. ?< E,
Address c ,
alt,-1:- ?+1?<J
Name
Address
A list of previous state or Nederal permits issued for
work on the project tract. Include permit numbers,
permittee, and Issuing dates.
A check fbr $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas. q I tv
h
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 Policv Act (N.C.G.S. 113A-1 to 10).
8 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit Issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
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 day of 19(.
Landowner or Authorized agent
t
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SE-V 6 '91
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OCRACOKE ISLAND SILvER LAKE I /
AREAS of ENVIPO'MiEWAL CONCERN
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OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME Elizabeth Howard
2. LOCATtbN OF PROJECT SITE Old Post Office Shopoff SR 1328 on
Silver Lake. Ocracoke. Hyde County
PHOTO INDX: 1989: 197-2. L-11 1984:_148-369. 4-N
STATt"PLANE COORDINATES: X: 2902200 - Y: 508400
3. INVE9ftGATI0N TYPE: DREDGE & FILL CAMA X
4. INVEGATIVE PROCEDURE:
(A) DOES OF SITE VISIT_D§j26/91 _01/15/92
(B) VAh APPLICANT PRESENT Yes No
I Qj N 2 11992
5. PROCEABING PROCEDURE: APPLICATION RECEIVED March
OFFICE Elizabeth Citv
1 nAPR -
6. SITE f$SCRIPTION:
(A) KCAL LAND USE PLAN Hyde Count 5 -. -y_ ? -- W 7 ANDS (h(ilitLAND CLASSIFICATION FROM LUP_Conservation
AIITYSECiiOI
DNVELOPMENT CONSTRAINTS IDENTIFIED IN LUP See B o Report
y
(B) Aft(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER - -
(C) HATER DEPENDENT: YES_Z{ NO
(D) MENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TOE OF WASTE WATER TREATMENT: EXISTING Septic tank and
drainfield
PUNNED-None
4,
(F) 7"E OF STRUCTURES: EXISTING Retail store, bulkhead 2 piers
PUYNED ?6 ft. wide walkway along bulkhead expand piers to
75 ft. and 65 ft. total length
A
(G) Xl'IMATED ANNUAL RATE OF EROSION _0 SOURCE Applicant
7. HABI''A`T DESCRIPTION:
(A) VEGETATED WETLANDS
(B) NON-VEGETATED WETLANDS:
Publib Trust Waters
AREA
DREDGED FILLED OTHER
Coverage
(C) 'HER:
v 1
2000sq.ft.
1400sq.ft.
(D) ftTAL AREA DISTURBED: 3400 sq.ft. (0.08 acre)
8. PROJEM SUMMARY: Applicant proposes to construct two piers 55' x
81 - With d120' X 2 0 ' deck and d F ; 1 v Al w4 +-h = In I v A n o A....l.
_L L-wo exLeLing piers and a 175' x 16' walkway over the existing
bulkhead Ahd riprap.
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME Elizabeth Howard
2. LOCATIbN OF PROJECT SITE Old Post Office Shop off SR 1328 on
Silver Lake Ocracoke, Hyde County.
PHOT0'fKDX: 1989:_1,97-2. L-11 1984:_148-369, 4-N
STATg?"?PLANE COORDINATES: X:2902200 - Y: 508400
A. _
3. INVESTGATION TYPE: DREDGE & FILL CANA X
4. INVRgftGATIVB PROCEDURE:
(A) DATES OF SITE VISIT_q6/26/91 _01/15/92
(B) I" APPLICANT PRESENT es _No nn
5. PROCBABING PROCEDURE: APPLICATION RECEIVED March u
OFFICE Elizabeth City /Arm
6. SITE f$.SCRIPTION:
..?_.._....
(A) L&AL LAND USE PLAN Hyde County :..._._.._WETIANPS
SID CLASSIFICATION FROM LUPconservation A Tsuflofq
DftELOPMENT CONSTRAINTS IDENTIFIED IN LUP S B o Re ort
S
(B) Aft(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) 11MER DEPENDENT: YES
Z{ NO
(D) _
MENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) lltPE OF WASTE WATER TREATMENT: EXISTING Septic tank and

PUNNED one drainfield
4.
(F) TOE OF STRUCTURES: EXISTING Retail store, bulkhead
2 piers
PLANNED lL ft.wide walkway along bul ,
khead expand piers to

75 ft. and 65 ft total leng
t
'
'

h
A
(G) XftIMATEl) ANNUAL RATE OF EROSION 0 SOURCE Applicant
7. HAB I''AT DESCRIPTION:
(A) VkGETATED WETLANDS
(B) ftN-VEGETATED WETLANDS:
Publib Trust Waters
AREA
DREDGED FILLED OTHER
Coverage
(C) &HER:
Upla
2000sq.ft.
1400scq. ft.
(D) TOTAL AREA DISTURBED: 3400 sg.ft. (0.08 acrel
8. PROJECT SUMMARY: Applicant proposes to construct two piers 55' x
81 with d1201 _ x 20' deck and 451 x At with A In t v Ant A --V ; „ -1---
bulkhead dnd riprap.
art:

Elizdbeth Howard
Bio Abport
Page two
site..bescrintion
the applicant currently owns a 1.5 acre tract off SR 1328 on
the horth side of Silver Lake in Ocracoke Village, Hyde County.
The `170 ft. shoreline of the tract is bulkheaded with riprap
extending 5 to 7 ft. waterward of the bulkhead. A 50ft. x 3 ft.
and "SO ft. x 2.5 ft. pier are located near the center of the
property. A retail shop called the "Old Post Office Shop" is
locd'gbd on the property 25 ft. to 30 ft. behind the bulkhead and
has th 8 ft. wide deck on its waterward side. Vegetation on the
lot dbnsists of various grasses and a few scattered red cedars.
`the waters of Silver Lake are classified as SC by NC DEM.
SilAk Lake is a maintained navigation harbor with depths to -14
ft. 14LW. Water depths adjacent to the applicant's property
quickly drop off to 6 ft. plus within 20 ft. of the shoreline.
Existing piers along the north side of Silver Lake range up to
180 ft. long at the Anchorage Inn Marina.
'The applicant proposes to construct two new piers in place
of thb existing piers. Originally the applicant had proposed 8
ft. Vide piers of 100 ft. and 142 ft. long with a 24 ft. x 8 ft.
"L" 01atform on one and a 20 ft. x 8 ft. "T" head on the other.
Aftd "preliminary review by this office the applicant has revised
theif proposal reducing the length of the piers in order to
redddb possible docking space and avoid being classified as a
marifth.
V
he current proposal is to construct two 8 ft. wide piers of
55 f t,& and 45 ft. long. The 55 ft. pier will have a 20 ft. x 20
ft. "L" platform and provide 4 boat slips. The 45 ft. pier will
have?;1k 20 ft. x 40 ft. "L" platform and provide 4 more boat
s1ipC The applicant shows 21 mooring piles to be installed
arodfld the pier ends to outline the boat slips. According to the
applicant the piers will provide dockage only for "local resident
traffic" and no live aboards. A 16 ft. wide walkway is also
propdted along the existing bulkhead. Approximately 8 ft. of it
wily be landward of the bulkhead and the other 8 ft. will
overfibng the existing riprap.
Antidivated Impacts
the proposed piers will cover 2000 sq. ft. of public trust
waters with an additional 2600 sq. ft. area occupied by the 8
boat'`Nlips. The applicant has stated that no more than 9 or 10
boatA will be docked at the piers, her intent is not to provide a
marifA facility. There are several commercial marinas as well as
15 JJrivate piers that also provide docking space around Silver
Lakei' The applicant's proposal will add to the cumulative
impatlts to water quality in Silver Lake. The pier construction
will1bause some short-termed, localized turbidity.
,J
Elizabeth Howard
Bio Report
Page Three
CAS Land Use Plan Review
The proposed project is located within the Estuarine Waters
and Estuarine Shoreline areas of environmental concern. The Hyde
County Land Use Plan places all AEC's in the Conservation land
classification. For Ocracoke, the County's plan states that
generally only water-dependent uses will be allowed in the
Estuarine System. The plan goes on to say that policy statements
under the policies sections "for both Ocracoke and the Mainland
address Hyde county's intentions concerning the use of land within
the Conservation class".
Turning to those specific policies, Hyde County gives
highest priority to "protection and coordinated management to
safeguard the biological, social, economic and aesthetic values
of the estuarine system, and to ensure development is compatible
with the natural characteristics of the system to minimize the
likelihood of significant loss of private property and public
resources". The County will permit only those uses which are
compatible with the values of the estuarine system and which
conform to the LAMA general use standards for the estuarine
system.
Hyde County also wishes to promote conservation and good
management of its public trust waters. The County feels
appropriate uses protect public rights for navigation and
recreation and that allowable uses shall be those which do not
cause detriment to the physical or biological functions of public
trust areas such as navigational channels, drainage ditches,
bulkheads to prevent erosion, piers, docks, or marinas.
The piers' dimensions and impacts must be evaluated against
the above standards. It is also important to note that the
Ocracoke section of the Hyde County plan states that the County
has strong concern over the potential impact upon water quality
from marinas, and that "marinas are not considered to be
desirable in Ocracoke". This policy of not allowing marinas in
Ocracoke must be kept in mind in this permit consideration.
Submitted by: Peter B. Colwell
Date: March 30, 1992
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.
1 APPLICANT
a. Name
?ljlt_? )?;r'? f) t I(')IA?1(lY_
Address ( ?2p) ? 1
City CtJ(U?r''?y)?? State 1\1
Zip Z Day phone
If you plan to build a marina, also complete and
attach Form DCM-MP-2. sip G '91
b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Will the project be for community, private, or
commercial use?
; )ri?X.l ? C I
d. Describe the planned use of the project.
(, ?' r k
1- Landowner or Authorized agent
b. Project name (if any) N. ' A
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
1AI Ott 12..
b. City, town, community, or landmark
rA ft ((Ic_
c. County ?? ?,?r ?•
d. Is proposed work within city limits or planning
jurisdiction?
e. Name of body of water nearest project
`. ?IIl1C'? L Ccf'lC? ,
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 11.1 't ( c C .
b. Size of individual lot(s) t1
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
/1 - z_ /
d. Soil type(s) and texture(s) of tract
c. Vegetation on tract G_ (0 C r'. j ?t t tx? ? c
f. Man-made features now on tract
t?
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
_ Developed Community
_ Rural Other
3 DESCRIPTION AND PLANNED USE
h. How is the tract zoned by local govemmcnt?
IJty
OF PROPOSED PROJECT i. How are adjacent waters classified?
SA
a. Describe all development activities you propose (for j, Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, carried out for the tract? hk) If so, by whom?
or pier).
3/91
crFIVEO
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land S[P 6
development.
F.1114AZ C"
a. Type and number of buildings, facilities, or m. Water supply source
structures proposed K r.. i ?
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to he graded or disturbed
If the proposed project will disturb more than one
acre of ]and, 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?
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.
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?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to *aters of
the state (forexarnple, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" ). __ _
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 bulkheads, which are
covered in Section 7). ? ?. ,,1pJ
Length I` Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break- QtCrS ?, 55 ,
water, pier,
r
boat ramp, U. QI 4S
rock jetty) 'V ' 1-751
Fill placed in
wetland or below
MHW
Upland fill
areas
0' 20 `)t 20
y' __- Zv'x yc
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yard
k
k
2 3/91

f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in
t) 41et rV, Vle-.
g. Location of spoil disposal area d. Type of bulkhead material A10
dk,
Far,+'L c Amount of fill, in cubic yards, to be placed below
h. Do you claim title to the disposal area? mean high water
If not, attach a letter granting permission from the
owner. f. Type of fill material
I.
Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill materi al
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? ___ If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 141 r'
b. Average distance waterward of mean high water or
normal water level Al
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 road (SR) numbers, landmarks, and
the like.
A storinwater 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.
3/91
Name r?Vr' c, tz_
Address __CfCrj) p
" lo q- -j
Name j?CCa ?anl?]n(e. f?,Iry?F'
Address 52 (l? c
l:,t a_Lh7 c_ . .234a,o
Name _
Address
A list of previous slale or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs Of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas. V i fr
1n
A statement on the use of public funds. If t+te project
involves the expenditure of public funds, attach a st;ite-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit Issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
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 day of 1C_;r , 19 (JJ__
Landowner or Authorized agent
c.
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MIA
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May 9, 1992
MEMO
TO: John Parker
FROM: John Dorne??4 „/ ?\'-9-"c
RE: Elizabeth Howard LAMA pplication
Silver Lake, Hyde Coun y
DEM has reviewed the abovementioned permit application and
has no objections provided that sufficient facilities are
provided for pumping out wastewater for any boats that may dock
at this facility. Please call me at 733-1786 if you have any
questions.
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 16, 1992
Regulatory Branch
Action ID. 199201615 and State Permit No. 54-92 D
?. OCT 2 6 1992
Ms. Elizabeth O. Howard
Post Office Box 98
Ocracoke, North Carolina 27960
Dear Ms. Howard:
By copy of North Carolina Department
Resources letter to you of June 5, 1992,
Area Management Act (CAMA) authorization
Silver Lake, Ocracoke, Hyde County, Nort
it was found to be inconsistent with the
Carolina Coastal Management Program.
of Environment, Health and Natural
we have learned that State Coastal
for you to replace two piers on
i Carolina, has been revoked because
Ocracoke Land Use Plan and the North
Under the administrative rules of our regulatory program, this revocation
of the required State permit precludes you from being able to avail yourself
of the authority provided by our general permit No. CESAW-CO80-N-000-0291. In
other words, without State authorization, you have no Federal permit, and your
application is hereby considered denied, without prejudice. Upon being
informed that your State permit has been reinstated, we will be glad to give
consideration as to Federal authorization pursuant to our general permit.
Mr. Raleigh Bland of my Washington Field office staff is available to
answer any questions. He may be reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished:
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
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Mr. John Dorney
f Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687