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11
4
STATE OF NORTH CAROLINA &FileNo.
DARE
-
93-EHR-0817
County
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
DAVL# DAWSON, CAPE HATTERAS MOTEL, INC.
Petitioner
VERSUS SUBPOENA
N.C. DIVISION OF COASTAL MANAGEMENT
0 Respondent
G.S. 1A-1, Rule 45
Part Requesting Subpoena:
[State/Plaintiff ?Defendant ® Other (specify) Petitioner
Name Of Person Subpoenaed
T Dorney
(Not

O Name of Second Person
Name Subpoenaed e: A single subpoena maybe used for as many
as three persons if all have the same address. If

Name Of Third Person Subpoenaed documents are subpoenaed, only one person may
be named. )
Address Wetlands and Technical Review Group Alternate Address NC Division of Environmental
P.O. Box 29535 Management 219 E. North Str
City, State, Zip Telephone No. City, State, Zip Telephone No.
Raleigh, NC 27626 Raleigh, NC 27601-1041
YOU ARE COMMANDED TO:
(check all that apply)
® appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
? produce for the court the following items, at the place, date and time indicated below.
Name And Location Of Court Date To Appear/Produce
Grand Jury Room August 3, 1994
Main Courthouse Time To Appear/Produce
Budleigh Street
Mnnfpn- NC 9:30 ® AM ? PM
Name And Address Of Applicant's Attorney Date
Christopher L. Seawell August 3, 1994
P. 0. Box 339 Signature
Manteo, NC 27954
Telephone No. Deputy CSC ? Assistant CSC ?Clerk Of Superior Court
[phone] ? Magistrate L Attorney ?Party
AOC-G-100
Rev. 7/89
(Please See Reverse Side)
V < .. »I RETURN OF SERVICE
I certify that this Subpoena was received and served as follows:
uate t-recervea
Jut 19 W
r
For First Person Named On Front:
? by delivering a copy of this Subpoena to the first person
named on the front.
? this Subpoena WAS NOT served for the following reasons:
E] by telephone communication with the first person named on
the front (use only with subpoena to appear and testify).
? by registered or certified mail return, receipt requested and
attached, on the first person named on the front.
Service Fee ? Paid Date Served Signature Of Authorized Server
$ Due
For The Second Person Named on Front:
? by delivering a copy of this Subpoena to the second person ? te4fhbrfiM?ny?jc tia' with the second person named
named on the front. on the front (use on y ' r 0_cFe >"La ;d6 _n
d testify).
y,?
? this Subpoena WAS NOT served for the following reasons: 0 by registered or certified mail return, receipt retquAsted and
attached, on the second person named on the front.
Service Fee ? Paid Date Served Signature Of Authorized Server
$ Due
For The Third Person' Named On Front:
? by delivering a copy of this Subpoena to the third person ? by telephone communication with the third person named on
named on the front. the front (use only with subpoena to appear and testify).
? this Subpoena WAS NOT served for the following reasons: ? by registered or certified mail return, receipt requested and
attached, on the third person named on the front.
Service Fee ? Paid Date Served Signature Of Authorized Server
$ ? Due
INI UHMA I IUN t-UK WI I NESS
The Subpoena
The subpoena is a court order requiring you to appear in court on the day and at the time stated. You have been called (subpoenaed)
to court to be a witness in a case.
Duties Of A Witness
-Unless you are a custodian of medical or public records, you must attend court on the day and at the time stated in the subpoena.
-Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving
testimony.
-Your answers to questions must be truthful.
-If you are commanded to produce any items, you must bring them with you to court.
If you have any questions about being subpoenaed as a witness, you should contact the attorney or official who had the
subpoena issued. The name of that person is on the other side of this Subpoena form.
Understand The Question And Speak Out
When you are on the witness stand, listen carefully to any question, and make sure that you understand the question before you
try to answer it. If necessary, ask that the question be repeated.
In answering questions, speak out clearly and loudly enough to be heard. If you are testifying before a jury, speak out so that all
of the jurors can hear you.
At.
Bribing Or Threatening A Witness
It is a violation of state law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any
of these things concerning your involvement as a witness in a case, you s;?ould promptly report that to the district attorney or the
presiding judge.
Witness Fee
A witness is entitled to a small daily fee, and to travel expense reimbursement if it is necessary to travel from outside the county in
order to testify. (The fee for an "expert witness" will be set by the presiding judge.) After you have been discharged as a witness, if
you desire to collect the statutory fee, you should immediately contact the clerk's office and certify to your attendance as a witness
so that you will be paid any amount due you.
AOC-G-100, Side Two, Rev. 7/89
. AL ,
EHNR - ENVIRONMENTAL HEALTH TI SA: 18A .1900
characteristics exceed those of domestic sewage, such as wastewater from restaurants or meat
markets.
(2) An adjusted daily sewage flow rate may be granted contingent upon use of extreme
water-conserving fixtures, such as toilets which use 1.6 gallons per flush or less, spring-loaded
faucets with flow rates of one gallon per minute or less, and showerheads with flow rates of two
gallons per minute or less. The amount of sewage flow rate reduction shall be determined by the
local health department and the State based upon the type of fixtures and documentation of the
amount of flow reduction to be expected from the proposed facility. Adjusted daily flow rates
based upon use of water-conserving fixtures shall apply only to design capacity requirements of
dosing and distribution systems and nitrification fields. Minimum pretreatment capacities shall be
determined by the design flow rate of Table I of this Rule.
History Note: Statutory Authority G. S. 130A-335(e),
Ef: July 1, 1982;
Amended E?(f. January 1, 1990; January 1, 1984.
.1950 LOCATION OF SANITARY SEWAGE SYSTEMS
(a) Every sanitary sewage treatment and disposal system shall
distance from the following:
(1) Any private water supply source, including any well
or spring
(2) Any public water supply source
(3) Streams classified as WS-1
(4) Waters classified as S.A.
high water mark;
(5) Other coastal waters
be located at least the minimum horizontal
100 feet;
100 feet;
100 feet;
100 feet, from mean
50 feet, from mean
high water mark;
(6) Any other stream, canal, marsh, or ether surface waters 50 feet;
(7) Any Class I or Class II reservoir 100 feet, from
normal pool elevation;
(8) Any permanent storm water retention pond 50 feet, from flood
pool elevation;
(9) Any other lake or pond 50 feet, from
normal pool elevation;
(10) Any building foundation 5 feet;
(I1) Any basement 15 feet;
(12) Any property line 10 feet;
(13) Top of slope of embankments or cuts of 2 feet
or more vertical height 15 feet;
(14) Any water line 10 feet;
(15) Drainage Systems:
(A) Interceptor drains, foundation drains, and storm water diversions
(i) upslope 10 feet,
(ii) sideslope 15 feet, and
(iii) downslope 25 feet;
(B) Groundwater lowering ditches and devices 25 feet;
(16) Any swimming pool 15 feet;
(17) Any other nitrification field (except repair area) 20 feet;
(b) Ground absorption sewage treatment and disposal systems may be located closer than 100 feet from a
private water supply, except springs and uncased wells located downslope and used as a source of drinking
water, for repairs, space limitations, and other site-planning considerations but shall be located the maximum
feasible distance and in no case less than 50 fret.
(c) Nitrification fields and repair areas shall not be located under paved areas or areas subject to vehicular
traffic. If effluent is to be conveyed under areas subject to vehicular traffic, ductile iron or its equivalent pipe
NORTH CAROLINA ADMINISTRATIVE CODE 04101193 Page 15
" ? % EHNR - ENVIRONMENTAL HEALTH TI SA: 18A .1900
shall be used. However, pipe specified in Rule .1955 (e) may be used if a minimum of 30 inches of
compacted cover is provided over the pipe.
(d) In addition to the requirements of Paragraph (a) of this Rule, sites to be used for subsurface disposal
for design units with flows over 3,000 gallons per day, as determined in Rule .1949 (a) or (b) of this Section,
which include one or more nitrification fields with individual capacities of greater than 1,500 gallons per day,
shall be located at least the minimum horizontal distance from the following:
(1) Any Class I or II reservoir or any public water supply source utilizing a shallow (under 50 feet)
groundwater aquifer 500 feet;
(2) Any other public water supply source, unless determined to utilize a confined aquifer 200 feet;
(3) Any private water supply source, unless determined to utilize a confined aquifer _ 100 feet;
(4) Waters classified as SA C 200 feet, from mean high water mark;

(5) Any waters classified as WS-I 200 feet;
(6) Any surface waters classified as WS-II,
WS-III, B, or SB 100 feet;
and
(7) Any property line 25 feet.
(e) Collection sewers, force mains, and supply lines shall be located at least the minimum horizontal
distance from the following:
(1) Any public water supply source, including wells,
springs, and Class I or Class II reservoirs 100 feet, unless constructed
of leakproof pipe, such as
ductile iron pipe with mechanical
joints equivalent to water main
standards, in which case the
minimum setback may be reduced
to 50 feet;
(2) Any private water supply source, including, wells and springs 50 feet, unless constructed of
similar leakproof pipe,
such as ductile iron pipe with
mechanical joints equivalent to
water main standards, in which
case the minimum setback may be
reduced to 25 feet;
(3) Any waters classified as WS-I, WS-11,
WS-III, B, SA, or SB 50 feet, unless constructed of
similar leakproof pipe, such as
ductile iron pipe with mechanical
joints equivalent to water main
standards, in which case the
minimum setback may be reduced
to 10 feet;
(4) Any other stream, canal, marsh, coastal
waters, lakes and other impoundmP:uts, or
other surface waters 10 feet;
(5) Any basement 10 feet;
(6) Any property line 5 feet;
(7) Top of slope of embankments or cuts of
two feet or more vertical height 10 feet;
(8) Drainage Systems:
(A) Interceptor drains, storm drains, and storm water diversions 5 feet;
(B) Ground-water lowering ditches and devices 10 feet;
(9) Any swimming pool 10 feet;
(10) Any other nitrification field 5 feet.
NORTH CIROLINA ADMINISTRATIVE COD)F 04101193 Page 16
EHNR = ENVIRONMENTAL MANAGE34'ENT TI5A: 02H.0200
(application area) not covered by
15A NCAC 2H .0219(k)
(ii) for surface residual application
(iii) for subsurface residual injection
(iv) for facultative lagoons
(v) for activated sludge plants or
surface sand filters
(vi) for soil remediation sites
(B) Any private or public
water supply source
(C) Streams classified as WS or B:
(i) for subsurface disposal
(ii) for non-discharge surface disposal except
for high rate infiltration systems
(iii) high rate infiltration systems
(D) Waters classified SA or SB:
(i) all systems ex ec pt for high rate
infiltration systems
(ii) high rate ;wi on sto s 1
-TrU 5 )
(E) Any other stream, canal, marsh, or coastal watex's
(i) for subsurface disposal
(ii) for non-discharge surface disposal except
for high rate infiltration systems
(iii) high rate infiltration systems
(iv) wastewater treatment facilities
(F) Any Class I or Class 11 impounded
reservoir used as a source of
drinking water
(i) all systems except for high rate
infiltration systems
(ii) high rate infiltration systems
(G) Any other lake or impoundment:
(i) for subsurface disposal
(ii) for surface disposal except for
high rate infiltration systems
(iii) high rate infiltration systems
(H) Any building foundation except treatment facilities:
(i) for subsurface disposal
(ii) for surface disposal
(1) Any basement
(i) for subsurface disposal
(ii) for surface disposal
(1) Any property line
(i) for spray irrigation
(ii) for other surface disposal systems
(iii) for subsurface residuals injection
(iv) for other surface treatment systems
11
400 feet
400 feet
200 feet
400 feet
100 feet
100 feet
100 feet
50 feet
100 feet
200 feet
100 feet
/ from mean
high water
200 feet
from mean
high water
50 feet
100 feet
200 feet
50 feet
100 feet
from normal
high water
200 feet
from normal
high water
50 feet
100 feet
200 feet
10 feet
15 feet
15 feet
15 feet
150 feet
50 feet
50 feet
50 feet

NORTH CAROLINA ADMINISTRATIVE CODE 03105193 Page 25
MEMO
A DATE:
'
TO: iA z SUBJECT:
14 D
i
r
From:
Il,?y ?? STAT `?,?
North Carolina Department of Environment,
Health, and Natural Resources PrIn(ed on Recycled Paper
?., ,w
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Training and Certification Unit
Wetlands and Technical Review Group
FAX # [phone]
TELECOPY TO:
FAX NUMBER:- - - ?? 7 v? ( I
FROM: - L 2 P ONE: y J?
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
HLH FILE F'EF'CiF'T
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State of North Carolina
Department of Environment, 'Av
Health and Natural Resources ??.
Division of Environmental Management -N
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary ? H N F1
A. Preston Howard, Jr., P.E., Director
March 21, 1994
MEMORANDUM

TO: Dave Heeter 1
Attorney General's Office I. MM 2 71994
a
THROUGH: ve Tedder, Water Quality Section Chi wr;ri_1w; .:
Greg Thorpe, Assistant Chief for Plannin -a.
FROM: uzanne Keen, Classifications and Standards Group
SUBJECT: Unnamed Tributary to Cape Creek in the Pasquotank River Basin
In the attached memorandum dated March 11, 1994, John Dorney of the Water
Quality Planning Branch's Wetlands and Technical Review Group requested that we
provide you with a surface water quality classification determination for the subject
tributary. As you are aware, previous correspondence from me has addressed this
subject. The determination made in a letter dated February 20, 1992 from me to
Joseph Lassiter was made based on our best professional judgement. At that time,
we were not certain whether or not the waters were saline, and had been told
informally via telephone that the unnamed tributary was "newly created" (in other
words, was created after November 1, 1986 pursuant to 15A NCAC 2B .0301(i)(1)(C)).
In the attached correspondence, Mr. Dorney states that this is not the case based on
field observations made during a visit to the site with Ms. Deborah Sawyer of the
Washington Regional Office. He further indicates that these waters are inhabited by
saltwater organisms. Based on this information, these waters are classified as SA
because they are tributary to waters so classified and are not consistent with the
exceptions for freshwaters or waters considered newly created.
I hope this clears up this matter. However, I do think that it is important to
reiterate that regardless of the classification assigned, these waters are in such close
proximity to Class SA waters that stormwater and wastewater management would be
subject to SA requirements. Please feel free to contact me at 733-5083 if you have
any questions.
cc: John Dorney
Deborah Sawyer
Boyd DeVane
M4:heeter.mem
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

March 11, 1994
MEMO
TO: Suzanne Keen
FROM: John Dorn-?IUG
RE: Field observation of Cape Hatteras Hotel site
Based on a field visitithat Deborah Sawyer and I made on 26
May 1993, it is clear that the canal and basin in question 1)
have salt water organisms (Spartina and estuarine fishes) and 2)
that is was constructed before 1 November 1986. The later
statement is based on review of DCM aerial photos that show the
basin in place in 1984 and the statements by DCM staff that the
basin was present in the 1960's.
Please respond in writing to this information by writing a
memo to Dave Heeter regarding the classification of this
waterbody. Thank you for your help.
caphat.mem
cc: Dave Heeter, Attorney General's Office
Deborah Sawyer, WaRO DEM
Boyd DeVane
March 11, 1994
MEMO
TO: Suzanne Keen
FROM: John Dorn
RE: Field observation of Cape Hatteras Hotel site
Based on a field visit that Deborah Sawyer and I made on 26?
May 1993, it is clear that the canal and basin in question 1)
have salt water organisms (Spartina and estuarine fishes) and 2)
that is was constructed before 1 November 1986. The later
statement is based on review of DCM aerial photos that show the
basin in place in 1984 and the statements by DCM staff that the
basin was present in the 19601s.
Please respond in writing to this information by writing a
memo to Dave Heeter regarding the classification of this
waterbody. Thank you for your help.
caphat.mem
cc: Dave Heeter, Attorney General's Office
Deborah Sawyer, WaRO DEM
Boyd DeVane
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DIVISION OF ENVIRONMENTAL MANAGEMENT
February 23, 1994
MEMORANDUM
TO: John Dorney
THROUGH reg Thorpe /?'
FROM: Suzanne Keenq -
SUBJECT: Surface Water Quality Classification Determination for an Unnamed
Tributary to Cape Creek in the Pasquotank River Basin
Greg and I have discussed the subject issue. As you are aware, in a February
20, 1992 letter from me to Joseph Lassiter, it was stated that the unnamed tributary in
question was considered to be classified as SC or C depending upon the chloride ion
content of the waters. Our recollection is that these waters were considered newly
created areas of tidal saltwater, or were a freshwater tributary to tidal saltwater, and
would therefore be classified as SC or C pursuant to the provisions of 15A NCAC 2B
.0301(i). If there is evidence that these waters were created before November 1,
1986, they would not be considered "newly created" and would be classified as C or
SA (because the receiving waters are SA), depending upon the waters' salinity.
However, as noted in the letter cited above, regardless of the classification
assigned, these waters are so close to Class SA waters that stormwater and
wastewater management would be subject to SA requirements. Therefore, actual
classification assignment becomes somewhat moot.
Please let us know if you need anything further on this issue.
cc: Steve Tedder
Roger Thorpe
M4:dorney.mem
EHNR - ENVIRONMENTAL. MANAGEMENT
0300
SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS
.0301 CLASSIFICATIONS: GENERAL
(a) Schedule of Classifications. The classifications assigned to the waters of the State of North Carolina
are set forth in the schedules of classifications and water quality standards assigned to the waters of the river
basins of North Carolina, 15A NCAC 2B .0302 to .0317. These classifications are based upon the existing
or contemplated best usage of the various streams and segments of streams in the basin, as determined through
studies and evaluations and the holding of public hearings for consideration of the classifications proposed.
(b) Stream Names. The names of the streams listed in the schedules of assigned classifications were taken
as far as possible from United States Geological Survey topographic maps. Where topographic maps were
unavailable, U.S. Corps of Engineers maps, U.S. Department of Agriculture soil maps, and North Carolina
highway maps were used for the selection of stream names.
(c) Classifications. The classifications assigned to the waters of North Carolina are denoted by the letters
WS-I, WS-II, WS-III, WS-IV, WS-V, B, C, SA, SB, and SC in the column headed "class." A brief
explanation of the "best usage" for which the waters in each class must be protected is given as follows:
Fresh Waters
Class WS-I: waters protected as water supplies which are in natural and undeveloped watersheds;
point source discharges of treated wastewater are permitted pursuant to Rules .0104
and .0211 of this Subchapter; local programs to control nonpoint source and
stormwater discharge of pollution are required; suitable for all Class C uses;
Class WS-II: waters protected as water supplies which are generally in predominantly undeveloped
watersheds; point source discharges of treated wastewater are permitted pursuant to
Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source
and stormwater discharge of pollution are required; suitable for all Class C uses;
Class WS-III: waters protected as water supplies which are generally in low to moderately
developed watersheds; point source discharges of treated wastewater are permitted
pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control
nonpoint source and stormwater discharge of pollution are required; suitable for all
Class C uses;
Class WS-IV: waters protected as water supplies which are generally in moderately to highly
developed watersheds; point source discharges of treated wastewater are permitted
pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control
nonpoint source and stormwater discharge of pollution are required; suitable for all
Class C uses;
Class WS-V: waters protected as water supplies which are generally upstream and draining to
Class WS-IV waters; no categorical restrictions on watershed development or treated
wastewater discharges are required, however, the Commission or its designee may
apply appropriate management requirements as deemed necessary for the protection
of downstream receiving waters (15A NCAC 2B .0203); suitable for all Class C
uses;
Class B: primary recreation and any other usage specified by the "C" classification;
Class C: aquatic life propagation and survival, fishing, wildlife, secondary recreation, and
agriculture.
Tidal Salt Waters
Class SA: shellfishing for market purposes and any other usage specified by the "SB" and "SC"
classification;
Class SB: primary recreation and any other usage specified by the "SC" classificatirn;
Class SC: aquatic life propagation and survival, fishing, wildlife, and secondary recir.-ition.
NORTH CAROLINA ADMINISTRATIVE CODE 10122192 i
EHNR - ENVIRONMENTAL MANAGEMENT TI5A: 02B .0300
Supplemental Classifications
Trout Waters: Suitable for natural trout propagation and maintenance of stocked trout;
Swamp Waters: Waters which have low velocities and other natural characteristics which are
different from adjacent streams;
NSW: Nutrient Sensitive Waters which require limitations on nutrient inputs;
HQW: High Quality Waters which are waters that are rated as excellent based on biological
and physical/chemical characteristics through division monitoring or special studies,
native and special native trout waters (and their tributaries) designated by the
Wildlife Resources Commission, primary nursery areas (PNA) designated by the
Marine Fisheries Commission and other functional nursery areas designated by the
Wildlife Resources Commission, critical habitat areas designated by the Wildlife
Resources Commission or the Department of Agriculture, all water supply
watersheds which are either classified as WS-I or WS-11 or those for which a formal
petition for reclassification as WS-I or WS-I1 has been received from the appropriate
local government and accepted by the Division of Environmental Management and
all Class SA waters.
ORW: Outstanding Resource Waters which are unique and special waters of exceptional
state or national recreational or ecological significance which require special
protection to maintain existing uses.
(d) Water Quality Standards. The water quality standards applicable to each classification assigned are
those established in 15A NCAC 2B .0200, Classifications and Water Quality Standards Applicable to the
Surface Waters of North Carolina, as adopted by the North Carolina Environmental Management Commission.
(e) Index Number.
(1) Reading the Index Number. The index number appearing in the column so designated is an
identification number assigned to each stream or segment of a stream, indicating the specific
tributary progression between the main stem stream and the tributary stream.
(2) Cross-Referencing the Index Number. The inclusion of the index number in the schedule is to
provide an adequate cross reference between the classification schedules and an alphabetic list of
streams.
(f) Classification Date. The classification date indicates the date on which enforcement of the provisions
of Section 143-215.1 of the General Statutes of North Carolina became effective with reference to the
classification assigned to the various streams in North Carolina.
(g) Reference. Copies of the schedules of classifications adopted and assigned to the waters of the various
river basins may be obtained at no charge by writing to:
Director
Division of Environmental Management
Department of Environment, Health, and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
(h) Places where the schedules may be inspected:
Division of State Library
Archives -- State Library Building
109 E. Jones Street
Raleigh, North Carolina.
i nnamed Streams.l
Any stream which is not named in the schedule of stream classifications carries the same
classification as that assigned to the stream segment to which it is tributary except:
(A) unnamed streams specifically described in the schedule of classifications; or
(B) unnamed freshwaters tributary to tidal saltwaters will be classified "C"; or
(C) after November 1, 1986, any newly created areas of tidal saltwater which are connected to Class
SA waters by approved dredging projects will be classified "SC" unless case-by-case
reclassification proceedings are conducted.
(2) The following river basins have different policies for unnamed streams entering other states or for
specific areas of the basin:
NORTH CAROLINA ADMINISTRATIVE CODE. 10122192 ii
-- -- --• I • -- •.1---1"? JVjr11vi°iUtS1VLClVI T15A: 02B .0300
Hiwassee River Basin (Rule .0302); Little Tennessee River Basin and Savannah River Drainage
Area (Rule .0303); French Broad River Basin (Rule .0304); Watauga River Basin (Rule .0305);
Broad River Basin (Rule .0306); New River Basin (Rule .0307); Catawba River Basin (Rule
.0308); Yadkin-Pee Dee River Basin (Rule .0309); Lumber River Basin (Rule .0310); Roanoke
River Basin (Rule .0313); Tar-Pamlico River Basin (Rule .0316); Pasquotank River Basin (Rule
.0317).
History Note: Statutory Authority G.S. 143-214.1; 143-215.1,• 143-215.3(a)(1),•
Ef. . February 1, 1976;
Amended Eff. August 3, 1992; August 1, 1990; October 1, 1989; November 1; .7986.
NORTH CAROLINA ADMINISTRATIVE CODE 10122192 iii
EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0300
.0317 PASQUOTANK RIVER BASIN
(a) Places where the schedules may be inspected:
(1) Clerk of Court:
Camden County
Chowan County
Currituck County
Dare County
Gates County
Hyde County
Pasquotank County
Perquimans County
Tyrrell County
Washington County
(2) North Carolina Department of Environment,
Washington Regional office
1424 Carolina Avenue
Washington, North Carolina
(b) Unnamed Streams. All drainage canals not noted
Health, and Natural Resources
in the schedule are classified "C".
NORTH CAROLINA ADMINISTRATIVE CODE 10122192 iv
EHNR - ENVIRONMENTAL MANAGEMENT
.0317 PASQUOTANK RIVER BASIN
2B .0300

Name of Stream
Description
Class Classification
Date Index No.
ALBEMARLE SOUND All waters south and east of a line SB 7/1/73 30
running in a southerly direction
from Horniblow Point on the north
shore of Albemarle Sound to a point
of land on the south side of the
mouth of Black Walnut Swamp, thence
in a southerly direction to a point
of land on east side of mouth of
Roanoke River.
Currituck Sound From source to Wright Memorial Bridge SC 4%6/61 30-1
at Albemarle Sound
Knotts Island Bay That portion within North Carolina SC 4/6/61 30-1-1
Knotts Island Channel From North Carolina-Virginia State SC 4/6/61 30-1-1-1
Line to Knotts Island Bay
Capsies Creek From source to North Carolina-Virginia SC 4/6/61 30-1-1-1-1
State Line
Porpoise Slough From source to North Carolina-Virginia SC 4/6/61 30-1-1-1-2
State Line
North Landing River From North Carolina-Virginia State SC 4/6/61 30-1-2
Line to Currituck Sound
Gibbs Creek From North Carolina-Virginia State C Sw 4/6/61 30-1-2-1
Line to North Landing River
Northwest River From North Carolina-Virginia State C Sw 4/6/61 30-1-2-2
Line to North Landing River
Moyock Run From source to Northwest River C Sw 9/1/74 30-1-2-2-1
Peter Dozier Pond Entire pond and connecting stream to C Sw 4/6/61 30-1-2-2-2
Northwest River
Buck Island Pond Entire pond and connecting stream to C Sw 4/6/61 30-1-2-2-3
Northwest River
Nellie Bell Ponds Entire ponds and connecting Streams C Sw 4/6/61 30-1-2-2-4
to Northwest River
7`011 Bay Entire Bay C Sw 4/6/61 30-1-2-2-5
Tull Creek From source to Tull Bay B Sw 7/1/73 30-1-2-2-5-1
Roland Creek Canal From source to Tull Creek C Sw 4/6/61 30-1-2-2-5-1-1
Guinea Mill Run Fran source to Tull Creek C Sw 9/1/74 30-1-2-2-5-1-2
Canal (Mill Run
Canal) and all
connecting canals
Cowells Creek From source to Tull Creek C Sw 4/6/61 30-1-2-2-5-1-3
Bellows Bay Entire Bay SC 4/6/61 30-1-3
South Channel Entire Channel SC 4/6/61 30-1-5
Coinjock Bay Entire Bay Sc 4/6/61 30-1-6
Piney Island Bay Entire Bay SC 4/6/61 30-1-6-1
Cedar Island Bay Entire Bay SC 4/6/61 30-1-6-2
Cedar Bay Entire Bay SC 4/6/61 30-1-6-3
Ships Ba.y Entire Bay SC 4/6/61 30-1-7
Raccoon Bay Entire Bay SC 4/6/61 30-1-8
1
EHNR - ENVIRONMENTAL MANAGEMENT
0317 PASQUOTANR RIVER BASIN
2B .0300

Name of Stream
Description
Class Classification
Date Index No.
Whale Head Bay Entire Bay SC 4/6/61 30-1-9
Parker Creek From source to Currituck Sound SC 4/6/61 30-1-10
Sanders Bay Entire Bay Sc 4/6/61 30-1-11
Wells Bay Entire Bay SC 4/6/61 30-1-12
Beasley Bay Entire Bay Sc 4/6/61 30-1-13
Neals Creek From source to Currituck Sound Sc 4/6/61 30-1-14
Poplar Branch Bay Entire Bay Sc 4/6/61 30-1-15
Webster Creek From source to Currituck Sound Sc 4/6/61 30-1-16
Jean Guite Creek From source to Currituck Sound Sc 4/6/61 30-1-17
Hog Quarter Creek From source to Currituck Sound Sc 4/6/61 30-1-18
North River From source to Albemarle Sound SC 4/6/61 30-2
Indiantown Creek and From source to North River C Sw 9/1/74 30-2-1
all interconnecting
canals
Run Swamp Canal and all From source to Indiantown Creek C Sw 9/1/74 30-2-1-1
interconnecting canals
Bullfrog Creek From source to North River C SW 4/6/61 30-2-2
East Creek From source to North River C Sw 4/6/61 30-2-3
Cow Creek_ From source to North River C SW 4/6/61 30-2-4
Taylor Bay Entire Bay SC 4/6/61 30-2-5
Intracoastal Waterway From Coinjock Bay to Taylor Bay Sc 4/6/61 30-2-5-1
Bump Landing Creek From source to Taylor Bay SC 4/6/61 30-2-5-2
Narrow Bridge Creek From source to North River SC 4/6/61 30-2-6
Great Creek From source to North River Sc 4/6/61 30-2-7
Deep Creek From source to North River SC 4/6/61 30-2-8
Goose Pond From source to North River Sc 4/6/61 30-2-9
Hunting Creek From source to North River Sc 4/6/61 30-2-10
Lutz Creek From source to North River Sc 4/6/61 30-2-11
Barnette Creek From source to North River Sc 4/6/61 30-2-12
Duck Creek From source to North River SC 4/6/61 30-2-13
Broad Creek From source to North River SC 4/6/61 30-2-14
Little Broad Creek From source to North River SC 4/6/61 30-2-15
Pasquotank River From source to a point 0.6 mile down- WS-V Sw 8/3/92 30-3-(1)
stream of Newland Drainage Canal
Dismal Swamp Canal From North Carolina-Virginia State C Sw 4/6/61 30-3-2-(0.5)
Line to U.S . Hwy. 17
Hamburg Ditch (Cross From source to Dismal Swamp Canal C Sw 9/1/74 30-3-2-1
Canal)
Corapeake Swamp From North Carolina-Virginia State C Sw 9/1/74 30-3-2-1-1
(Jones Millpond) Line to Hamburg Ditch
Taylor. Swamp From source to Corapeake Swamp C SW 9/1/74 30-3-2-1-1-1
Folly Swamp From source to Hamburg Ditch C SW 9/1/74 30-3-2-1-2
Goose Creek From source to Hamburg Ditch C Sw 9/1/74 30-3-2-1-3
Jones Pond Entire pond and connecting stream to C Sw 9/1%14 30-3-2-1-4
Hamburg Dit ch
Sherrill Ditch From Corape ake Ditch to Hamburg Ditch C 3/1/77 30-3-2-1-5
Southwest Ditch From source to Hamburg Ditch C SW 9/1/74 30-3-2-1-6
2
EHNR - ENVIRONMENTAL MANAGEMENT 2B .0300
'.0317 PASQUOTANK RIVER BASIN
Classification
Name of Stream Description Class Date Index No.
Northwest Ditch From source to Hamburg Ditch C Sw 9/1/74 30-3-2-1-7
Reddick Ditch From North Carolina-Virginia State C SW 9/1/74 30-3-2-1-7-1
Line to Northwest Ditch
Corapeake Ditch From source to Reddick Ditch C 3/1/77 30-3-2-1-7-1-1
Dismal Swamp Canal From U.S. Hwy. 17 to Pasquotank River WS-IV Sw 8/3/92 30-3-2-(2)
Joyce Creek From source to Pasquotank County C Sw 8/3/92 30-3-3-(1)
SR 1224
Joyce Creek From Pasquotank County SR 1224 to WS-IV SW 8/3/92 30-3-3-(2)
Pasquotank River
Newland Drainage Canal From source to Pasquotank River C Sw J/1/74 30-3-4
Pasquotank River From a point 0.6 mile downstream of WS-IV Sw 8/3/92 30-3-(4.5)
Newland Drainage Canal to a point 0.6
mile upstream of Pasquotank County
SR 1368 extension
Turners Cut From Dismal Swamp Canal to Pasquotank WS-IV Sw 8/3/92 30-3-5
River
Pasquotank River From a point 0.6 mile upstream of WS-IV Sw CA 8/3/92 30-3-(5.2)
Pasquotank County SR 1368 extension
to Elizabeth City water supply intake
Pasquotank River From Elizabeth City water C SW 4/6/61 30-3-(5.5)
supply intake located at the
extension of Pasquotank County
SR 1368 to Norfolk-Southern
Railroad Bridge
Sawyers Creek From source to Pasquotank River C Sw 7/1/73 30-3-6
Pasquotank River From Norfolk-Southern Railroad Bridge SC 4/6/61 30-3-(7)
to a line across the River from
Hospital Point to Cobb Point
Knobbs Creek From source to Pasquotank River C Sw 9/1/74 30-3-8
Poindexter Creek From source to Pasquotank River C Sw 1/1/85 30-3-9
Unnamed Tributary at From source to Pasquotank River C Sw 1/1/85 30-3-10
McMorin Street
Charles Creek From source to Pasquotank River C Sw 3/1/77 30-3-11
Pasquotank River From a line across River from Hospital SB 4/6/61 30-3-(12)
Point to Cobb Point to a line across
River from Miller Point to Pool Point
Areneuse Creek From source to N.C. Highway # 343 C Sw 9/1/74 30-3-13-(1)
Areneuse Creek From N.C. Highway # 343 to Pasquotank SB 4/6/61 30-3-13-(2)
River
Mill Dam Creek From source to N.C. Highway # 343 C Sw 9/1/74 30-3-13-3-(1)
Mill Flom Creek From N.C. Highway # 343 to Areneuse SB 4/6/61 30-3-13-3-(2)
Creek
Portobonk Creek and From source to Pasquotank River C Sw 9/1/74 30-3-14
connecting canals
Pasquotank River Fran a line across the River from Mil-- SC 4/6/61 30-3-(15)
ler Point to Pool Point to Albemarle
Sound

EHNR - ENVIRONMENTAL MANAGEMENT 2B .0300
.0317 PASQUOTANK RIVER BASIN
Classification
Name of Stream Description Class Date Index No.
New Begun Creek From source to mouth of Wilson Creek C SW 3/1/77 30-3-16-(1)
New Begun Creek From mouth of Wilson Creek to Pasquo- Sc 4/6/61. 30-3-16-(2)
tank River
Wilson Creek From source to New Begun Creek C Sw 9/1/74 30-3-16-3
Pailin Creek From source to New Begun Creek C SW 3/1/77 30-3-16-4
Raymond Creek From source to Pasquotank River C SW 7/1/73 30-3-17
Little Flatty Creek From source to Pasquotank River SC 4/6/61 30-3-18
Big Flatty Creek From source to Albemarle Sound SC 4/6/61 30-4
Chapel Creek From source to Pasquotank County SR C SW 9/1/74 30-4-1-(1)
1103
Chapel Creek From Pasquotank County SR 1103 to Big SC 4/6/61 30-4-1-(2)
Flatty Creek
Dam Creek From source to Big Flatty Creek SC 4/6/61 30-4-2
Little River From source to mouth of Halls Creek C Sw 4/6/61 30-5-(1)
Little River From mouth of Halls Creek to Albemarle SC 4/6/61 30-5-(2)
Sound
Halls Creek From source to Little River C Sw 4/6/61 30-5-3
Deep Creek From source to Little River SC 4/6/61 30-5-4
Swamp Creek (Symonds From source to N.C. Highway # 170 C Sw 9/1/74 30-5-5-(1)
Creek)
Swamp Creek (Symonds From N.C. Highway # 170 to Little River SC 4/6/61 30-5-5-(2)
Creek)
Unnamed Tributary near From source to Swamp Creek (Symonds C SW 9/1/74 30-5-5-3
lainslow Creek)
Perquimans River From source to Norfolk-Soutbern Rail- C Sw 4/6/61 30-6-(1)
road Bridge
Goodwin Mill Creek From source to Perquimans River C Sw 4/6/61 30-6-2
Perquimans River From Norfolk-Southern Railroad Bridge SC 4/6/61 30-6-(3)
to a line across the River from Barrow
Point to Ferry Point
Toms Creek From source to Perquimans River C Sw 3/1/77 30-6-4
Mill Creek From source to Perquimans County SR C Sw 7/1/73 30-6-5-(1)
1214 near Windfall
Mill Creek From Perquimans County SR 1214 near SC 4/6/61 30-6-5-(2)
Windfall to Perquimans River
Raccoon Creek From source to Perquimans County SR C SW 3/1/77 30-6-6-(1)
1336 (Harvey Neck Bridge)
Jennies Gut (Gum Pond From source to Raccoon Creek C SW 9/1/74 30-6-6-2
Run)
Raccoon Creek From Perquimans County SR 1336 (Harvey SC 4/6/61 30-6-6-(3)
Neck Bridge) to Perquimans River
Perquimans River From a line across the River from SB 4/6/61 30-6-(7)
Barrow Point to Ferry Point to Albe-
marle Sound
Sutton Creek From source to a point 1.0 mule above C Sw 4/6/61
Perquimans River
Sutton Creek From a point 1.0 mile above Perqui.mans SC 4/6/61 30-6-6-(2)
4
EHNR - ENVIRONMENTAL MANAGEMENT
.0317 PASQUOTANK RIVER BASIN
Classification .
Name of Stream Description Class Bate Index No,
2B .0300
River to Perquimans River
Canaan Cove Creek From source to its narrows C SW 4/6/61 30-6-9-(1)
Canaan Cove Creek From its narrows to Perquimans River SC 4/6/61 30-6-9-(2;
Muddy Creek From source to Perquimans River SC 4/6/61 30-6-10
Minzies Creek (Minns Cr.) From source to Albemarle Sound SC 4/6/61 30-7
Yeopim River From source to Albemarle Sound SC 4/6/61 30-8
Burnt Mill Creek From source to Yeopim River C Sw 4/6/61 30-8-1
Middleton Creek From source to Yeopim River C SW 4/6/61 30-8-2
Bethel Creek From source to Yeopim River C Sw 4/6/61 30-8-3
Yeopim Creek From source to a point 2.0 miles above C Sw 4/b/61 30-8-4-(1)
Yeopim River
Yeopim Creek From a point 2.0 miles above Yeopim SC 4/6/61 30-8-4-(2)
River to Yeopim River
Kendrick Creek (Mackeys From source to U.S. Hwy. 64 at Roper C SW 3/1/77 30-9-(1)
Creek)
Kendrick Creek (Mackeys From U.S. Hwy. 64 at Roper to Albemarle SC 7/1/73 30-9-(2)
Creek) Sound
Beaver Dam Branch From source to Kendrick Creek C SW 9/1/74 30-9-3
Skinners Canal From source to Beaver Dam Branch C Sw 9/1/74 30-9-3-1
Main Canal From source to Kendrick Creek C SW 9/1/74 30-9-4
Canal B From source to Main Canal C SW 9/1/74 30-9-4-1
Canal A From source to Main Canal C SW 9/1/74 30-9-4-2
Lewis Canal From source to Main Canal C Sw 9/1/74 30-9-4-3
Bakers Swamp From source to Kendrick Creek C Sw 9/1/74 30-9-5
Pleasant Grove Creek From source to Albemarle Sound C Sw 9/1/74 30-10
Chapel Swamp From source to Albemarle Sound C Sw 9/1/74 30-11
Newberry Ditch From source to Albemarle Sound C Sw 9/1/74 30-12
Sleights Creek From source to Albemarle Sound C SW 9/1/74 30-13
Bull. Bay Entire Bay SB 7/1/73 30-14
Bull Creek From source to Bull Bay C SW 9/1/74 30-14-1
Deep Creek From source to Bull Bay C SW 7/1/73 30-14-2
Bunton Creek From source to Bull Bay C SW 7/1/73 30-14-3
Scuppernong River From source to mouth of Riders Creek C SW 4/6/61 30-14-4-(1)
(First Creek)
Moccasin Canal and From sources to Scuppernong River C SW 9/1/74 30-14-4-2
connecting canals
Western Canal and From sources to Scuppernong River C SW 9/1/74 30-14-4-3
connecting canals
Ten Foot Canal From source to Western Canal C SW 9/1/74 30-14-4-3-1
Nine Foot Canal From source to Ten Foot Canal C SW 9/1/74 30-14-4-3 1.1
Mountain Canal and From sources to Scuppernong River C SW 9/1/74 30-14-4-4
connecting canals
Thirty Foot Canal From source to Scuppernong River C Sw 9/1/74 30-14-4-5
Old Canal From source to Scuppernong River C Sw 9/1/74 30-14-4-6
Phelps Lake Entire Lake C Sw 4/6/61 30-14-4-6-1
Bonarva Canal From source to Old Canal C Sw 9/1/74 30-14-4-6-2
Bee Tree Canal and From sources to Scuppernong River C Sw 7/1/73 30-14-4-7
5
EHNR - ENVIRONMENTAL MANAGEMENT
.0317 PASQUOTANK RIVER BASIN 2B .0300
Classification
Name of Stream Description Class Date Index No.
connecting canals
Second Creek and From sources to Scuppernong River C Sw 4/6/61 30-14-4-8
connecting canals
Scuppernong River From mouth of Riders Creek (First SC 4/6/61 30-14-4-(9)
Creek) to Bull Bay
Riders Creek (First From sources to Scuppernong River C SW 4/6/61 30-14-4-10
Creek) and connect-
ing canals
Bush Harrel Canal and From sources to Scuppernong River C Sw 7/1/73 30-14-4-11
connecting canals
Greys Canal and connect- From sources to Albemarle Sound C Sw 9/1/74 30-15
ing canals
Alligator River From source to mouth of Northwest Fork C Sw ORW 1/1/90 30-16-(1)
Swindells Canal From Boundary Canal to Alligator River C Sw 9/1/74 30-16-2
Florida Canal From Boundary Canal to Alligator River C Sw 9/1/74 30-16-3
New Lake Fork From New Lake to Alligator River C Sw ORW 1/1/90 30-16-4
New Lake Entire Lake C Sw 4/6/61 30-16-4-1
Fairfield Canal From Boundary Canal to Alligator River C Sw 7/1/73 30-16-5
Carters Canal From Boundary Canal to Alligator River C Sw 9/1/74 30-16-6
Alligator River From mouth of Northwest Fork to SC Sw ORW 1/1/90 30-16-(7)
U. S. Hwy. 64
Northwest Fork Alli- From source to Alligator River C Sw ORW 1/1/90 30-16-8
gator River
Juniper Creek From source to Northwest Fork Alligator. C Sw ORW 1/1/90 30-16-8-1
River
Southwest Fork Alli- From source to Northwest Fork Alligator C Sw ORW 1/1/90 30-16-8-2
gat.or River River.
Dunbar Canal From source to Southwest Fork Alligator C Sw 9/1/74 30-16-8-2-1
River.
Scouts Bay Entire Bay SC Sw ORW 1/1/90 30-16-9
Gum Neck Creek From source to Alligator River SC Sw ORW 1/1/90 30-16-10
Georgia Bay Entire Bay SC Sw ORW 1/1/90 30-16-11
Intracoastal Waterway From Currituck-Fairfield Township SC Sw 4/6/61 30-16-12
(Pungo River-Alligator line to Alligator River
River Canal) '
Winn Bay Entire Bay SC Sw ORW 1/1/90 30-16-13
Stumpy Creek Bay Entire Bay SC Sw ORW 1/1/90 30-16-14
Stumpy Creek From source to Stumpy Creek Bay C Sw ORW 1/1/90 30-16-14-1
Swan Creek (Swan Creek From source to Alligator River C Sw ORW 1/1/90 30-16-15
Lake)
Whipping Creek (Whip- From source to Alligator River C Sw ORW 1/1/90 30-16-16
ping Creek Lake)
Grapevine Bay Entire Bay SC Sw ORW 1/1/90 30-16-17
Rattlesnake Bay Entire Bay SC Sw ORW 1/1/90 30-16-17-1
The Straits From source to Alligator River SC Sw ORW 1/1/90 30-16-18
The Frying Pan From source to The Straits SC Sw ORW 1/1/90 30-16-1.8-1.
Coopers Creek From source to The Frying Pan SC Sw ORW 1/1/90 30-16-18-1-1
6
EHNR - ENVIRONMENTAL MANAGEMENT 2B .0300
0317 PASQUOTANK RIVER BASIN
Classification
Name of Stream Description Class Date Index No.
Basnight Canal From source to The Frying Pan C Sw 9/1/74 30-16-18-1 ?
Babbitt Bay Entire Bay SC Sw ORW 1/1/90 30-16-18-1-3
Goose Creek From source to Alligator River C Sw ORW 1/1/90 30-16-19
Milltail Creek From source to Alligator River SC Sw ORW 1/1/90 30-16-20
Boat Bay Entire Bay SC Sw ORW 1/1/90 30-16-20-1
Sandy Ridge Gut From source to Milltail Creek C Sw ORW 1/1/90 30-16-20-2
(Sawyer Lake)
Second Creek From source to Alligator River SC Sw ORW 1/1/90 30-16-21
Alligator River From U.S. Hwy. 64 to Albemarle Sound SC Sw 4/6/61 30-16-(21.5)
Little Alligator River From source to Alligator River SC Sw 4/6/61 30-16-22
Goose Pond Entire Pond SC Sw 4/6/61 30-16-22-1
East Lake Entire Lake SC Sw 4/6/61 30-16-23
The Frying Pan From source to East Lake SC Sw 4/6/61 30-16-23-1
South Lake From source to East Lake SC Sw 4/6/61 30-16-23-2
Northeast Prong South From source to South Lake SC Sw 4/6/61 30-16-23-2-1
Lake
Liehue Gut From source to Northeast Prong South SC Sw 4/6/61 30-16-23-2-1-1
Lake
Hooker Gut From source to South Lake SC Sw 4/6/61 30-16-23-2-2
Billys Ditch From source to Hooker Gut C SW '1/1/73 30-16-23-2-2-1
Deer Creek From source to South Lake SC SW 4/6/61 30-16-23-2-3
Deep Bay Entire Bay SC SW 4/6/61 30-16-23-2-4
Broad Creek From source to South Lake SC Sw 4/6/61 30-16-23-2-5
Tom Mann Creek From source to Albemarle Sound SC 4/6/61 30-17
Peter Mashoes Creek From source to Albemarle Sound SC 4/6/61 30-18
Gar Gut. (Davis Pond) From source to Peter Mashoes Creek SC 4/6/61 30-18-1
Spence Creek From source to Peter Mashoes Creek SC 4/6/61 30-18-2
Poster Gut From source to Spence Creek SC 4/6/61 30-18-2-1
Kitty Hawk Bay Entire Bay SC 4/6/61 30-19
Colington Creek From Kill Devil Hills Bridge north to Sc 4/6/61 30-19-1
Kitty Hawk Bay
Croatan Sound From a line running from a point of SB 8/1/90 30-20-(1)
land on the southern side of mouth of
Peter Mashoes Creek on Dare County
mainland to Northwest Point on
Roanoke Island to a line west to Reeds
Point on the Dare County mainland
Croatan Sound From Northwest Point on Roanoke Island SA 8/1/90 30-20-(2)
following a line west to Reeds Point
on the Dare County mainland
to a line running from a point of
land just below Long Wretch Creek on
Dare County mainland to the Southern
tip of Smith Island south of Roanoke
Island
Spencer Creek From source to Croatan Sound SA 4/6/61 30-20-3
Unnamed Canal at From source to Spencer Creek SC 4/6/61 30-20-3-1
7
EHNR - ENVIRONMENTAL MANAGEMENT
0317 PASQOOTANK RIVER BASIN
2B .0300

Name of Stream
Description
Class Ciassification
Date Index No.
Manns Harbor
Callaghan Creek From source to Croatan Sound SA 4/6/61 30-20-4
Baum Creek From source to Croatan Sound SA 4/6/61 30-20-5
Oyster Creek From source to Croatan Sound SA 4/6/61 30-20-6
Cedar Bush Bay Entire Bay SA 4/6/61 30-20-7
Cut Through Entire Area of the Cut Through SA 4/6/61 30-20-8
Hog I Creek Entire Creek SA 4/6/61 30-20-9
Long Wretch Creek From source to Croatan Sound SA 4/6/61 30-20-10
Smith Creek Entire Creek SA 4/6/61 30-20-11
Roanoke Sound From a line running from Northwest SA 7/1/73 30-21
Point on Roanoke Island northward to
Rhodoms Point on Colington Island,
thence a line running eastward
through Wright Memorial Monument,
to a line running from the southern
tip of Smith Island south of
Roanoke Island to southern tip of
Bodie Island at North Point.
Buzzard Bay Entire Bay SC 4/6/61 30-21-1
Colington Creek From Kill Devil Hills Bridge south to SC 4/6/61 30-21-1-1
Buzzard Bay
Otis Cove Entire Bay SC 4/6/61 30-21-2
Shallowbag Bay Entire Bay SC 4/6/61 30-21-3
Scarboro Creek From source to the narrows SC HQW 8/1/90 30-21-3-1-(1)
Scarboro Creek From the narrows to Shallowbag Bay SC 4/1/61 30-21-3-1-(2)
Boughs Creek From source to Shallowbag Bay SC HQW 8/1/90 30-21-3-2
Pond Island The waters surrounding the Island SA 12/13/79 30-21-4
within 1,000 feet from shore
Johns Creek From source to Roanoke Sound SA 4/6/61 30-21-5
Sand Beach Creek From source to Johns Creek SA 4/6/61 30-21-5-1
Rockhall Creek Entire Creek SA 4/6/61 30-21-6
Broad Creek From source to Roanoke Sound SA 4/6/61 30-21-7
Mill Creek From source to Roanoke Sound SC 4/6/61 30-21-8
Oyster Creek Entire Creek. SA 4/6/61 30-21-9
Georges Creek From source to Roanoke Sound SA 4/6/61 30-21-10
Lighthouse Bay Entire Bay SA 4/6/61 30-21-11
Blossie Creek Entire Creek SA 4/6/61 30-21-12
Motts Creek From source to Roanoke Sound SC 4/6/61 30-21-13
Pamlico Sound From Croatan and Roanoke Sounds to a SA 4/6/61 30-22
line running from Sandy Point south
of Stumpy Point Bay to the northeast
tip of Ocracoke Island
Oregon Inlet Entire Inlet SA 4/6/61 30-22-1
Eagle Nest Bay Entire Bay SA 4/6/61 30-22-2
Goat Island Bay Entire Bay SA 4/6/61 30-22-3
The Trench From source to Pamlico Sound SA 4/6/61 30-22-4
Pea Island Creek Entire Creek SA 4/6/61 30-22-5
8
EHNR - ENVIRONMENTAL MANAGEMENT
0317 PASQUOTANK RIVER BASIN
Name of Stream
Pea Island Bay
Terrapin Creek Bay
Terrapin Creek
Stumpy Point Bay
Black Lake
Beach Slue
Wreck Creek
Round Hammock Bay
Pauls Ditch
Blackmar Gut
North Drain
Midgett Cove
Clarks Bay
No Ache Bay
Gull Island Bay
Phipps Cove
The Drain
Spencer Creek
Mill Creek
Peters Ditch
Askins Creek
Boat Creek
Long Point Creek
Cape Creek
Brooks Creek
Joe Saur Creek
Sandy Bay
The Slash
Duck Ponds and Isaac
Pond
Austin Creek (Club-
house Creek)
Goose Creek
Hatteras Inlet
Fresh Water Lake at Kill
Devil Hills
Atlantic Ocean
Description
Entire Bay
Entire Bay
From source to Terrapin Creek Bay
Entire Bay
Entire Lake and connecting canal to
Stumpy Point Bay
Entire area of Beach Slue
Entire Creek
Entire Bay
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
Entire Bay
Entire Bay
Entire Bay
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
From source to Pamlico Sound
Fran source to Pamlico Sound
From source to Pamlico Sound
Fran source to Pamlico Sound
From source to Pamlico Sound
Entire Bay
From source to Sandy Bay
Entire ponds and connecting streams
to The Slash
From source to Pamlico Sound
From source to Pamlico Sound
Entire Inlet
Entire Lake
Classification
Class Date Index No.
SA 4/6/61 30-22-6
SA 4/6/61 30-22-7
SA 4/6/61 30-22-7-1
SA 4/6/61 30-22-8
C Sw 9/1/74 30-22-8-1
SA- 4/6/61 30-22-9
SA 4/6/61 30-22-10
SA 4/6/61 30-22-11
SA 4/6/bl 30-22-12
SA 4/6/61 30-22-13
SA 4/6/61 30-22-14
SA 4/6/61 30-22-15
SA 4/6/61 30-22-16
SA 4/6/61 30-22-17
SA 4/6/61 30-22-18
SA 4/6/61 30-22-19
SA 4/6/61 30-22-20
SA 4/6/61 30-22-21
SA 4/6/61 30-22-22
SA 4/6/61 30-22-23
SA 4/6/61 30-22-24
SA 4/6/61 30-22-25
SA 4/6/61 30-22-26
SA 4/6/61 30-22-27
SA 4/6/61 30-22-28
SA 4/6/61 30-22-29
SA 4/6/61 30-22-30
SA 4/6/61 30-22-30-1
SA 4/6/61 30-22-30-1-1
SA 4/6/61 30-22-31
SA 4/6/61 30-22-32
SA 4/6/61 30-22-33
WS-III CA 8/3/92 30-23
The waters of the Atlantic Ocean SB 4/6/61 99-(7)
contiguous to that portion of Pasquo-
tank River Basin that extends from
the North Carolina-Virginia State
Line to the northeast tip of Ocracoke
Island.
2B .0300
9
State of North Carolina
Department of Environment, Health, and Natural
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
------------., f
.ILQ
!r:A1rIT'?Evn1 I
erett, Ph.D.
Director
February 20, 1992
„?lz
Joseph S. Lassiter
Quible & Associates, P.C.
P.O. Drawer 870
Kitty Hawk, NC 27949
SUBJECT: Request for Water Quality Classification Determination
Dear Mr. Lassiter:
The Division of Environmental Management (DEM) has reviewed
your request for the water quality determination of an unnamed
tributary (UT) to Cape Creek in the Pasquotank River Basin
(letter to Alan Klimek dated January 9, 1992). Based on your
description of these waters and on DEM policy for determining the
classification of unnamed streams (pursuant to rule 15A NCAC 2B
.0317(b)), we have determined that they could be classified as
either Class C or SC, dependent upon the natural chloride ion
content of these waters. Tidal saltwaters are defined as waters
which "generally have a natural chloride ion content in excess of
500 parts per million" (15A NCAC 2B .0202(35). Your letter
indicates that your need for the classification determination is
connected to the classification's effects on potential
development and discharge activities in this area. Because of
the unnamed drainage canal's proximity to Cape Creek (Class SA
waters) and the property's drainage to nearby Class SA waters,
the application of water quality standards and stormwater
management regulations becomes more complex. Therefore, it is
important to clarify the stormwater controls and discharge
restrictions that would be applied to new development or
discharge activities in or adjacent to these waters.
It is DEM procedure to apply the stormwater regulations
pertaining to Class SA waters to areas within one-half mile and
draining to Class SA waters. This procedure is based upon the
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/4861541 704/663-1699 919/571-4700 919/946,6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Page Two
February 20, 1992
requirement to protect the uses of waters downstream of receiving
waters, pursuant to rule 15A NCAC 2B .0203. The location of the
Cape Hatteras Motel is such that development activities on this
property would be affected by this rule and would be required to
comply with the criteria for activities in areas draining to
Class SA waters specified in 15A NCAC 2H .1000.
In addition, any permitted wastewater discharges that would
not be allowed to Class SA waters (such as those containing
domestic waste) would not be allowed to the UT to Cape Creek.
This, too, is because of the canal's close proximity to and
direct hydrologic connection with waters classified as SA (Cape
Creek and the Pamlico Sound).
In summary, although the classification of the waters of the
UT identified in your correspondence are either Class C or SC
(depending upon the canal's chloride ion content), the stormwater
controls and discharge restrictions associated with waters
classified as SA are applicable. If you have any questions or
need further information, please feel free to contact me at
[phone].
Sincerely,
C?
Suzann H. Keen
S7
Classifications
cc: Jim Mulligan
Roger Thorpe
Trevor Clements

and Standards
M2:lassiter.ltr
MEM-0
DATE:
TO
SUBJECT:
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R'- 3tJ

fops-
From:
SIATi
North Carolina Department of
Health, and Natural Resources
Environment,
4 Printed on Recycled Paper
I S ?. sari `II?U F.?., `( ?

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State of North Carolina
MICHAEL F. I:ASIA"A' 1)('piit'll 11<'ntO1.lUStlcc
A7'TORNEI' GENFRAL 1). O.IiOX624) REPLY '1'O:
RAI.I:I(;I 1
27602O(i2S)
MEMORANDUM
ZY): Preston Pate, DCM, Morehead City
David Griffin, DCM, Elizabeth City
Pete Colwell, DCM, Elizabeth City
Stephen Gabriel, DCM, Elizabeth City
John Parker, DCM, Raleigh
Deborah Sawyer, DEM, Washington
John Dorney, DEM, Raleigh
David Rowe, WRC, Greenville
Sara Winslow, I_)MR, Elizabeth City
Harold Johnson, DMF, Elizabeth City
Ski Wojciechowski, DMF, Morehead City
FROM: David Heeter A/-
DATE: March 29, 1991
David G. Heeter
Environmental Division
[phone]
[phone]
[phone]-Fax
D NOR
-? ..
c7rT NI)s ' ,.
GN T;
RE: David Dawson, Cape Hatteras Motel, Inc., v. Division of
Coastal. Management, 93 EHR 0817
The hearing on this permit appeal has been scheduled on April 12, 1994,
at 9:30 a.m., in the Grand Jurv Room, Dare County Courthouse, I3udleigh Street,
Manteo, North Carolina. This is the old courthouse which fronts on the street
that runs parallel to the waterfront.
I am in the process of preparing for this hearing and will be contacting
all Of' you shortly.
DI-1/sd
ep:dawson.dh
1; 111 V ti',II I?IIII,i???? I ?.

SLAi(o RECEIVED

MAR 2
4 1994

State of North Carolina DEHNR.RAL RO
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL 13. 0. BOX (vi) REPLY TO: David Fleeter
RALEIGH Environmental Division
2 7 602-062 J
[phone]
[phone]
[phone]-Fax
MEMORANDUM
TO: Preston Pate, DCM, Morehead City
David Griffin, DCM, Elizabeth City
Pete Colwell, DCM, Elizabeth City
Stephen Gabriel, DCM, Elizabeth City
,John Parker, DCM, Raleigh
Deborah Sawyer, DEM, Washington
John Dorney, DEM, Raleigh
Dennis Stewart, WRC, Greenville
David Rowe, WRC, Edenton
Sara Winslow, DMF, Elizabeth City
Ski Wojci.echowski, DMF, Morehead City
FROM: David IIeeter /W--
Assistant Attorney General
DATE: 21 March 1994
RE: David Dawson, Cape Hatteras Motel, Inc., v. Division of Coastal
Management, 93 EHR 0817
The Office of Administrative Hearings has scheduled a hearing on this
permit appeal beginning on 12 April 1994 in Manteo. The time and location have
not yet been announced. The hearing is likely to last two to three days. Please
keep these dates open given the likelihood you will be called as a witness.
Attached you will find a Witness Preparation Form to assist you and me
in preparing for this hearing. I will call you nest week to discuss your role in
the permit review process and the testimony you can provide at the hearing.
Please familiarize yourself with this Form before I call you.
If you know of any potential witnesses I have not listed above, please
inform me when I call you. Include any persons who helped you with your field
investigation or provided you Witt) information upwn which you based your agen-
cy's comment.
Also attached is a copy of the petitioner's Prehearing Statements. It will
help you to understand the issues being raised by the petitioner.
An Equal Opportunity / Affirmative Action Employer ??(?

WITNESS PREPARATION FORM
To
FROM: David Heeter, Assistant Attorney General
DATE: 21 March 1994
You are likely to be a witness at a hearing beginning on 12
April 1.994 commenced by David Dawson, Cape Hatteras Motel, Inc.
against the Division of Coastal Management. The hearing will be
held at a location which has not yet been determined and is
expected to last two or three days. To help me prepare for this
hearing, please provide the following information by 1 April
1992. If enough space is not provide for your answers, use
attachments.
1. Position or title?
2. Duties and responsibilities?
3. How long in position?
4. Summarize your previous professional work experience
giving the name of your employer, your title, duties, and
responsibilities, and approximate periods of employment?
5. Summarize your undergraduate and graduate training giving
the type of degree, major and minor fields of study, institution,
date awarded, and thesis topic if any?
6. Summarize any other technical training you have, such as
workshops, short courses, etc.?
7. List any professional licenses or certificates you hold?
- 2 -
8. List any professional organizations or societies you
belong to?
9. List any professional publication(s) or article(s) you
have written and summarize the topic(s)?
10. If you have been qualified as an expert witness,
indicate the field, summarize your qualifications based on your
skill, training, and experience, and identify the type of
proceeding? If you have not been qualified as an expert witness
but believe you can be, identify the field and summarize your
qualifications? In either case, you may attach a current Resume
in lieu of summarizing your qualifications.
11. Summarize your involvement in the matter which is the
subject of the hearing?
12. Have you personally inspected the site? Yes No.
Will you need to do so prior to the hearing? Yes No.
13. Identify the date and subject matter of any
recommendation or report you made relating to the subject of the
hearing and attach a copy of any recommendation or report which
you know is not in the Division of Coastal Management's file?
14. Summarize the main points of your recommendation or
report and the evidence to support your position or conclusion?
Indicate whether your testimony will be based on general common
or scientific knowledge, personal observations you made or data
you gathered at the site, information you gained from someone
else, some scientific treatise or study, etc?
- 3 -
15. If your recommendation or report is based on a specific
statute, rule, or policy, identify it and summarize the evidence
to support your conclusion as to whether it will be violated?
16. List any documents, photographs, drawings, etc., which
are necessary to support or would help to illustrate your
testimony? If they are not part of DCM's file, attach copies or
indicate from whom, how, or where they may be obtained?
17. Identify any additional evidence that is needed or
would help to support or corroborate your recommendation or
report and from whom, where, or how it might be obtained?
18. If you are not qualified as an expert and
of an expert will be needed or desirable to
corroborate your recommendation or report, identify
field of expertise and give the name, address, and
of anyone you believe would be qualified to give
testimony?
the testimony
support or
the necessary
phone number
such expert
- 4 -
19. What position is the opposing party most likely to take
in an effort to refute your recommendation or report? Suggest how
best to counter the position of the opposing party?
20. If you took any photographs, gathered any data, etc.,
which are not in DCM's file, describe them and provide copies to
me?
21. Attached is a list of persons I have identified as
potential witnesses in the hearing. Do you know of any
additional persons who should possibly be added to this list? If
so, provide their names, addresses, and phone numbers and briefly
describe the evidence they can provide? For example, list any
neighboring property owners who provided you with information
about the site and surrounding area, anyone who helped you gather
any data or take any measurements, anyone who handled or analyzed
any samples you took, etc.
22. If the above questions fail to identify any matter that
is relevant to supporting your recommendation or report, use this
space to call it to my attention? If you are aware of any
errors, omissions, or miscommunications that may be an issue at
the hearing, also use this space to make me aware of them?
Thanks for your cooperation. Call me if you need any
assistance answering these questions. Return them to me by mail
or FAX. Dave Heeter, Assistant Attorney General, Department of
Justice, P.O. Box 629, Raleigh, NC 27602-0629, telephone (919)
733-7247, FAX [phone].
ep:wittprep.dh
STATE OF NORTH CAROLINA
COUNTY OF DARE
DAVE DAWSON,
CAPE HATTERAS MOTEL, INC.
Petitioner
vs.
N.C. DIVISION OF COASTAL
MANAGEMENT
Respondent
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO. 93 EHR 0817
PREHEARING STATEMENT
NOW COMES the Petitioner pursuant to 26 NCAC 3 .0004 and
submits the following response to the order filed on September 21,
1993:
1. The issues to be resolved appear at the present to be at
least eleven:
a. Whether or not the petitioner's proposed project is
in a public trust area as same is defined under NCAC T15A:07H
.0207.
b. Whether or not the denial of the Petitioner's permit
was arbitrary and capricious because of Division of Coastal
Management (DCM) routinely grants such permits for filling
artificially created bodies of water on an applicant's own property
in coastal areas under similar circumstances and conditions.
C. Whether or not DCM's finding that the permit
application requires filling of waters classified as SA was
erroneous.
d. Whether or not DCM's denial of the permit was
wrongful by reason of its failure to consider the 401 water quality
certification issued by the Division of Environmental Management
pertaining to this project. T15A:07H.0208(a)(2)(C).
e. Whether or not DCM's denial of the permit was
wrongful in view of the fact that the water quality certification
pursuant to Section 401 of the Federal Clean Water Act had been
issued pertaining to this project. T15A:07H.0208 (a)(2)(C).
f. Whether or not DCM's denial of the permit was
wrongful by its failure to notify the objecting agencies that the
aforesaid 401 water quality certification had been issued in
connection with this project by DEM. T15A:07H.0208(a)(2)(C).
g. Whether or not DCM's denial of the permit was
wrongful because of its failure to notify the applicant of any
objections by any State or federal agencies to the project and
permitting the applicant to submit additional information to
address the concerns raised by the objecting agencies.
h. Whether or not the Petitioner's proposed project is
inconsistent with the Dare County Use Plan, which was a
consideration by DCM for the denial of this permit.
i. Whether or not the failure of DCM to find that there
was no suitable alternative site available for the development or
that the applicant had selected a combination of sites and designs
which will have a minimum adverse impact upon the productivity and
biological integrity of the coastal marshlands and nursery areas
can be used as a basis for denial of this permit when DCM made no
findings at all on this issue. NCAC T15A:07H.0208(a)(2)(B).
j. Whether or not DCM's failure to find that there is
no alternative site available for the Petitioner's project was
erroneous when all the evidence supports this conclusion NCAC
T15A:07H.0208 (a) (2) (B) .
k. Whether or not the denial of the Petitioner's permit
was wrongful under N.C.G.S. 113A-120.
2. The Petitioner's position is that the area
proposed to be filled is not a public trust area or estuarian
waters, in that this basin was artificially created and is not used
by the general public, but only by the current owners or those with
their permission and thus not subject to the applicable regulations
and concerns of public trust areas. Further, that DCM did not
consider the 401 water certification that had been issued which
eliminated all or substantially all of the objections that had been
raised in connection with this permit. Further, DCM did not notify
any of the objecting State or federal agencies that the aforesaid
401 water certification had been issued, which may have impacted
their response to the application of the permit. Further, the
applicant was never notified by DCM prior to the denial of the
permit that any agencies, either State or federal, had objected.
The Petitioner did not receive a copy of any permit objections
which would have afforded the applicant an opportunity to address
the concerns raised by these agencies to provide additional
information, including the 401 certification which may have
eliminated the objections of the agencies. Further, the Petitioner
is informed and believes that DCM has arbitrarily denied the
application, when it has on many occasions granted similar type
applications for filling artificially created bodies of water on
owners' property throughout the coastal areas of North Carolina.
The Petitioner's position is that the application has met all the
State guidelines that are required for the issuance of this permit.
3. The witnesses for the Respondent are:
Vernon D. Dawson, Jr.
P. 0. Box 339
Buxton, NC 27920
Joseph S. Lassiter
Quible & Associates
P. 0. Drawer 870
Kitty Hawk, North Carolina 27949-0870
Sean C. Boyle
Quible & Associates
P. O. Drawer 870
Kitty Hawk, North Carolina 27949-0870
Preston Pate
Division of Coastal Management
David R. Griffin
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Pete Coldwell
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
John Dorney
Wetlands and Technical Review Group
N.C. Division of Environmental Management
P. O. Box 29535
Raleigh, North Carolina 27626
4. The Petitioner does desire to pursue discovery. It is
anticipated it will take at least 120 days to complete this
discovery.
5. The requested location of the hearing is Dare County,
North Carolina in that the Petitioner resides in this County, the
Petitioner's principal place of business is in this County, all of
the witnesses of the Petitioner, except those employed by the
State, are located in this County, and that the site of the
proposed project is in this County.
6. The estimated length of hearing is one day.
7. It is anticipated that the Petitioner will not be ready
by the time set forth in the scheduling order, but may be ready in
approximately five months, depending on the response to discovery
which is to be submitted to the Respondent.
This the 2 day of October, 1993.
ALDRIDGE, SEAWELL & KHOURY
BY,
Chr.t er Seawell
ney fo Petitioner
P. O. Box 339
Manteo, NC 27954
[phone]
CERTIFICATE OF SERVICE
I certify that this date I have mailed the foregoing
PREHEARING STATEMENT by depositing a copy thereof in an envelope
bearing sufficient postage in the U. S. Mail, in Manteo, N.C.,
addressed to the following persons at the following addresses which
are last known to me:
Mr. David G. Heeter
State of North Carolina
Department of Justice
P. O. Box 629
Raleigh, North Carolina 27602-0629
The Honorable Sammie Chess, Jr.
Administrative Law Judge
P. O. Box 710
High Point, North Carolina 27261
This the 20th day of October, 1
L.! istophe -11 L. Seawell
Attorney or Petitioner
P. O. Bo 339
Manteo NC 27954
(919) ,73-3484
Et "EIVE
OCT n' 1 I
OFNEFAL
ui' Ac.

MICHAEL F. EASLEY
ATTORNEY GENERAL
,.sun
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27672.0629
Dot vi d 6r ; F4--7;
n orn?c1
9-0 Al ?
?Q barotA S?w?e
PROM ),4 Ve- / f GG /e-
1) A i c : TA- n. u.a?- r I F, I-I g Ll
JAN 3 I P94
I WETLANDS GROUP
uieTru ni Id ITY SECTION
4h r a -? n o+ rh e 0 P)
?r -j: --1ho ?Snt, wait ase
oK S v.c
W1 r'NJ ( 0 h.reS y ?t L rota v h ?.
C ?r
C
An Equal Opportunity / Affinnative Action E:mf>loyer I
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P. O. BOX 629 REPLY TO:
RALEIGH
27602.0629
MEMORANDUM
TO: Preston Pate
David Griffin
John Dorney
Deborah Sawyer
FROM: Dave Fleeter
DATE: January 18, 1994
RE: Discovery Requests by David Dawson
David G. Heeter
Environmental Division
[phone]
[phone]
[phone]-Fax
David Dawson has served the attached Requests for Admissions, Written
Interrogatories, and Request for Production of Documents on the Division of
Coastal Management. They must be answered by February 11, 1994.
Based on my initial review of these documents, I believe the following
agencies should provide the following information. I will leave it to you to
decide who will provide the requested information on behalf of each agency.
However, you need to provide me with the requested information by February 1,
1994, to give me time to complete DCM's responses.
DH/sd
ep:dawsonrr.dh
An Equal Opportunity / Affirmative action Employer ??
Page 2
REQUESTS FOR ADMISSION
1. DCM.
2. DCM.
3. DEM.
4. DEM.
5. DCM.
6. DCM.
7. DCM.
8. DCM.
INTERROGATORIES
1. Respond based on whether you responded to Requests 1-8.
2. DCM.
3. DCM.
4. DCM.
5. DCM.
6. DEM.
7. DCM. Contact Marine Fisheries and Wildlife Resources Commission
if necessa ry.
8. DCM.
REQUEST FOR PRODUCTION OF DOCUMENTS,

1. Provide me with copies of any documents identified in your previous
responses.
2. DCM.

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO. 93 EHR 0817
DAVE DAWSON,
CAPE HATTERAS.MOTEL, INC.
Petitioner
VS.
N.C. DIVISION OF COASTAL
MANAGEMENT
Respondent
FIRST SET OF
INTERROGATORIES, REQUEST
FOR ADMISSIONS AND REQUEST
FOR PRODUCTION OF DOCUMENTS
DEFINITIONS AND INSTRUCTIONS
The following definitions apply throughout the following
discovery requests and are deemed to be incorporated therein:
A. "Petitioner" means Dave Dawson, Cape Hatteras Motel, Inc.
Petitioner's employees, agents, attorneys, or anyone acting on
Petitioner's behalf.
B. "Respondent" or "you" means N.C. Division of Coastal
Management, its employees, agents or attorneys, or anyone acting on
behalf of Respondent.
C. "Subject of this action" and "permit" means any matters
pertaining to the application and subsequent denial of the LAMA
permit by Petitioner dated February 10, 1993 for filling basin in
Buxton, North Carolina.
D. "Documents" means all written, recorded or graphic
matters, however produced or reproduced, pertaining in any manner
to the subject of this action, and whether or not now in existence,
without limiting the generality of the foregoing, all originals,
copies and drafts of all writings, correspondence, telegrams, notes
or sound recordings of any type of personal or telephone
communication, or of meetings or conferences, minutes of directors
or committee meetings, memoranda, inter-office communications,
studies, analyses, reports, results of investigations, reviews,
contracts, agreements, working papers, statistical records,
ledgers, books of account, vouchers, bank checks, x-ray prints,
photographs, films, videotapes, invoices, receipts, computer
printouts or other products of computers, stenographer's notebooks,
desk calendars, appointment books, diaries, or other papers or
objects similar to any of the foregoing, however denominated. If
a documents has been prepared in several copies, or additional
copies have been made, and the copies are not identical (or which,
by reason of subsequent modification of a copy by the additional
copies have been made, and the copies are not identical (or which,
by reason of subsequent modification of a copy by the addition of
1
notations, or other modifications, are no longer identical) each
non-identical copy is a separate "document".
E. The words "identify" and "identity", when used with
respect to a person or entity mean to state the names, addresses
and special qualifications of such person or entity.
F. The words "identify" and "identity", when used with
respect to a document or documents mean to describe the document or
documents by date, subject matter, name (s) or person (s) that wrote,
signed, initialed, dictated or otherwise participated in the
creation of same, the name(s) of the addressee or addressees (if
any) and the names and addresses of the person or persons who have
custody of said documents; to state whether such document is still
in existence; and, if no longer in existence, to state the
disposition thereof and the date of such disposition.
G. The word "identify" when used with respect to an act
(including an alleged offense), event, statement or conduct
(hereinafter collectively called "act"), means to describe the
substance of the event or events constituting such act; to state
the date when such act occurred; the identity of all persons, if
any, present when such act occurred; whether any minutes, notes
memoranda or other recordation of such act was made; whether such
recordation now exists; and the identity of the person or person
presently having custody or control of such recordation.
H. If you cannot answer any portion of any of the following
interrogatories or other discovery in full after exercising due
diligence to secure the information to do so, so state, and answer
to the extent possible specifying your inability to answer the
remainder, and stating whatever information or knowledge you have
concerning the unanswered portions.
I. If you claim privilege as to any communication as to
which information is requested by these interrogatories or as to
any answer requested by these interrogatories, specify the
privilege claimed, the communication and/or answer as to which that
claim is made, the topic discussed in the communication, and the
basis upon which you assert that claim.
J. Please made your responses to each interrogatory or
request to admit in the space provided below such interrogatories
or requests and on additional sheets, where the space provided is
inadequate.
K. If you or your attorneys obtain further information
between the time answers are served and the time of trial, you are
required by the North Carolina Rules of Civil Procedure to serve
supplemental answers to these interrogatories.
2
REQUEST FOR ADMISSIONS
1. The waters that Petitioner requested to be filled are
part of a basin which is man made and not of natural origin.
RESPONSE:
2. The waters that Petitioner requested to be filled are
part of a basin which was created by the Petitioner's predecessor
in title.
RESPONSE:
' 1
C
3
3. That the waters in the area of the basin that the
Petitioner requested to be filled are not classified as SA by the
Division of Environmental Management.
RESPONSE:
4. That the Division of Coastal Management has previously
issued permits for the filling of man made basins within the
jurisdiction of the coastal region of North Carolina to which the
Coastal Area Management Act is applicable.
RESPONSE:
a-A-
4
S. That the Division of Coastal Management failed to
consider in its denial of application the certification number 2833
issued to the Cape Hatteras Motel dated July 16, 1993 by the
Division of Environmental Management.
RESPONSE:
I 1 Qj,v. -
ci:,k Mo
6. That the Division of Coastal Management failed to advise
any of the agencies objecting to the issuance of this permit of the
issuance of the water quality certification referred to in request
for admission number 5 above prior to the denial of the
Petitioner's permit.
RESPONSE:

aSIL D-`M
5
7. That the general public and recreational fisherman do not
have access to the subject fill area except through permission of
the Petitioner, the owner of this property.
RESPONSE:
jv?
;mod
C?-&--
8. That because the subject fill area is man made, the lands
under the submerged waters to be filled are owned by the
Petitioner.
RESPONSE:
?+ 6 V""
6
ri .
I;
i'
INTERROGATORIES
Pursuant to Rule 33 of the North Carolina Rules of Civil
Procedure, the Petitioner requests you to answer under oath within
thirty (30) days the following interrogatories:
1. State, with respect to each of the above Requests for
Admissions which you failed to admit without qualification or
reservation:
a. What you say the truth of the matter covered in the
Request for Admission is:
b. The names and addresses of all witnesses known to
you having knowledge or information about the matter covered in the
Request for Admission; and
C. Whether
i . the matter covered in the Request for Admission
is false in its entirety; or
ii. the matter covered in the Request for Admission
is incorrect in one or more particulars, and,
if so, state the one or more particulars in
which is incorrect; and.
d. If the Request for Admission is denied because of
lack of information or knowledge, state
i. what efforts you have made to determine the
truth or falsity of the Request for Admission.
ii. what information or knowledge you do have with
respect to the matter covered in the Request
for Admission;
iii. the names and addresses of all witnesses
having knowledge or information about the
matter covered in the Request for Admission;
iv. whether you actually contest the accuracy of
the matters stated in the Request for
Admission; and
v. whether you have information to the effect
or a belief to the effect that the matter
covered in the Request for Admission is
not correct and, if so, the source of such
information and/or the cause of such belief.
7
RESPONSE:
2. Has the Division of Coastal Management issued permits for
the filling of man made basins or artificially created bodies of
water within any of the coastal counties subject to the
jurisdiction of the CAMA? If so, as to each state the following:
a. Identify the person to whom the permit was issued.
b. The issuance of the permit.
C. The location of the property for which the permit
was issued.
d. The reason t hat the permit was issued.
e. The current location of the Division of Coastal
Management's file for said permit.
RESPONSE:

8
ii
l.?
Ill I
ar .
a,
f?
c.
f?
3. Why did the Division of Coastal Management not take into
consideration the water quality certification issued by D.E.M. in
consideration of the Petitioner'•s application for CAMA permit?
RESPONSE:
c loc ?
4. Why did the Division of Coastal Management not notify the
objecting agencies of the water quality certification issued to
Cape Hatteras Motel, Inc.?
RESPONSE:
V (N -- a'A- _bTin
l 9
F,
S. On what date did the Division of Coastal Management first
become aware of the issuance of the water quality certification by
D.E.M.?
RESPONSE:
M6. Do you have any documentation that the waters of the
subject fill area are classified as SA? If so, identify same.
RESPONSE:
?A

11'Q,NY? ? ? C9?
9
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NC fl'C ? ? . ?3??1
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r
10
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7. Identify all information that you have that the subject
fill area is open to and used by the general public and
recreational fisherman for the purpose of catching bait.
H+u RESPONSE:
11.
B. Identify all information that you have in your possession
that would support the conclusion that the subject fill area is not
a portion of a man made basin.
RESPONSE:
,r
12
REQUEST FOR PRODUCTION OF DOCUMENTS
Now comes the Petitioner, Dave Dawson and Cape Hatteras Motel,
Inc., by and through their attorney, and pursuant to Rule 34 of the
North Carolina Rules of Civil Procedure, and requests that the
Respondent produce each of the documents listed below in its
possession, custody or control for the purpose of permitting the
Petitioner, by and through their counsel, or someone acting on its
behalf, to inspect and copy said documents, in the office of the
Petitioner's attorney, on or before the expiration of thirty day:
after the service of this Discovery Request upon the Respondent..
You may comply with this request by serving true and exact
photographic copies of the documents requested upon counsel for
Defendant at the time answers to Interrogatories are served.
1. All documents identified in your answers to the preceding
interrogatories and request for admissions.
2. All permits issued by the Division of Coastal Management
for filling man made or artificially created bodies of water within
the jurisdiction of LAMA.
BY:
R I"-
L: C,.", TI; iCiJ L CF
T' Is to certify that the underti•-:
C to ,Qrved this pleading in t'
c .' :'cd action upon all other part:::? '.
c----.c by de,)osiUng a Copy hereof in
pc d wrapper In a post office or o'
::itory under the exclusive care and
c.l the United States post office D ,
r;y addressed to the attorney or :. t'.cr..
p"rtia° 9
day of _ --'
GE, SEAWELL & KHOURY
Chlrf-stophe
Attorney f
P. O. Box
Manteo, NC
;-6eawe.l_ 1
Petitioner
39
27954
13
- qt 5C/7E ?
'wan n
State of North Carolina
Department of Environment, Healtr ^ p 'sources
Division of Em, a
Raleigh, .
Training
Wetlands anG

FAX
TELECOPY TO:
FAX NUMBER:
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FROM: PHONE:
NUMBER OF PAGES, INCLUDING THE COVER SHEET: -7
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ME of STA7'r
per, ,?,7,Y 20.1776 O
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CSC QUAM
Reprint from North Carollna Administrative Code: 15A NCAC 2B .0317
Current through: February 1, 1993
TF'HHSHISS10H F.'EPORT

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State of North Carolina
MICHAEL F. EASLEY I)(ir<utnlrntO[ jus)icc
A"1"IY)ItNla' GtiNl'sRAL {'. O, l;OX 62 REPLY TO: David G. Heeter
4)
RALIIRM Environmental Division
27602-062S) [phone]
[phone]
[phone]-Fax
MEMORANDUM
TO: Preston Pate, DCM, Morehead City
David Griffin, DCM, Elizabeth City
Pete Colwell, DCM, Elizabeth City
Stephen Gabriel, DCM, Elizabeth City
John Parker, DCM, Raleigh
Deborah Sawyer, DEM, Washington
John Dorney, DEM, Raleigh
David Rowe, WRC, Greenville
Sara Winslow, DMR, Elizabeth City
Ski Wojciechowski, DMF, More head City
FROM: David Heeter /V
DATE: July 13, 1994
RE: David Dawson, Cape Hatteras Motel, Inc., v. Division of
Coastal Management, 93 EHR 0817
The Office of Administrative Hearings has rescheduled this hearing on 3-5
August, 1994. The hearing will begin at 9:30 a.m. and will be held in the Dare
County Superior Courtroom, Manteo, North Carolina. It is likely to last three
(3) days.
I am in the process of
contacting you shortly about it.
DH/sd
ep:dawson.dh
ep:dawson.dh
refreshing my memory about this case and will be
\n l?:?i?ril ?)(??u?rtunit?? / ,A(firnn)ti???? .\ctiun f-;it)E?I???•??r ?`
• State of North Carolina
Department of Environment, AT"?
Health and Natural Resources •
Division of Environmental Management
James B. Hunt, Jr., Governor
p E H N R
Jonathan B. Howes, , Secretary
A, Preston Howard, Jr., P.E., Director
July 16, 1993
Cape Hatteras Motel, Inc.
P.O. Box 339
Buxton, N.C. 27920
Dear Sirs:
Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed
basin fill and bulkhead
Project # 93228 COE # 199301436
Dare County
Attached hereto is a copy of Certification No. 2833 issued to Cape Hatteras Motel dated
July 16, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Peston Howard, Jr. P. .
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
Mrs. Paul Dunn
Mr. Joe Lassiter, Quible and Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Cape Hatteras Motel pursuant to an application filed on the 2nd day of March, 1993 to fill a
32,000 square feet boat basin and construct a bulkhead for relocation of hotel facilities.
The Application provides adequate assurance that the discharge of fill material into the
waters of Pamlico Sound in conjunction with the proposed basin fill in Dare County will not
result in a violation of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent
significant increase in turbidity outside the area of construction or
construction related discharge (increases such that the turbidity
in the stream is 25 NTU's or less are not considered significant).
Violations of any condition herein set forth shall result in revocation of this Certification.
This Certification shall become null and void unless the above conditions are made conditions
of the Federal or Coastal Area Management Act Permit
If this Certification is unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
This the 16th day of July, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Jr. P.E
WQC# 2833
JUL-08-1993 15:03 FROH EHHR WASH REG OFFICE TO 19197331338 P.01
DIVISION OF ENVIRONMENTAL MANAGEMENT
8 July 1993
MEMORANDUM
TO:
FROM:
9UBJ:
On 7 J
and Associat
of the State
establish th
alternative.
establish th
therefore re
this project
Dorney
ands and Technical Review croup
rah Sawyer S.?&4 , ,gam
ronmental Technician
ington Regional Office
Water Quality certification
Hatteras Motel, Buxton
County
.y 1993, this office received from you (FAX) a letter from Quible
I, P.C., concerning the CAMA application to place fill in Waters
,y the above subject applicant. The letter is submitted to
need for the fill activity, as there is no practicable
R16view by DEM staff concludes that the fill is necessary to
r6quired setback for the proposed sewage system. It is
mended that a 401 water Quality Certification be issued for
rbposal.
It you ave any questions or comments, please call this office at
946-6481. Th nl? you.
brand fax transmittal memo-7671
TOTAL P.01
N-
P? T d??
•,,;.itl i'i1i.i 1 ulVn(irf`i?;i?

State of North Carolina
Department of Environment, I lealth, and Natural Resources
512 North SahJ)ury Strcct • Ralcigh, North Carolina 27604
James B. Hunt,; Jr., Governor
MEMORANDUM
TO:
FROM:
SUBJECT:
March 1, 1993
Mr. A. Preston Howard, Acting Director
Division of Environmental Management
John R. Parker, Chief
Major Permits Processing Section
CAMA/DREDGE & FILL Permit Application Review
Applicant: Cape Hatteras Motel, Inc.
Jonathan 13. Howes, Secretary
Project Location: Off Hwy 12, as you enter Buxton from Avon, Dare County, Pamlico
Sound
Proposed Project: Bulkhead and fill a 32,000 sq.ft. man-made basin on the west side of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by March 22, 1993. If you have any questions regarding the proposed
project, please contact Peter B. Colwell at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY __ Z 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
J a tached comments.
?` r- .!} bl C
Signed
to the project for reasons described in the
Date
I'( ). Box 27687, I6 Ir?i),Ii, N,ntI) ( ,IIf,Iin,, ?-'rill 7h8 li lrl,lunu? 'W3 713 4984 iax N 919 733 (1513
/An .AJji,imiov( A, tiini I fllpimr9
MEMO
DATE:
TO: SUBJECT:

Caticr? Ct xc?
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C-C'L CCU ?C? C
uj'
I ,
CCeti-- .
n
From
STAIt
North Carolina Department of Environment
Health, and Natural Resources
?'v ?Printed on Recycled Paper
RT? rsy wM
44 - ,
Quible
Quible & Associates, P.C.
ENGINEERS • ARCHITECTS • ENVIRONMENTALISTS • SUR`
SINCE 1959
IJune 29, 1993
Mr. John Dorney
Wetlands and Technical
NCDEH & NR
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626
S?
.r
P.O. Drawer 870
Kitty Hawk. INC 27949
Phone, 919-261-3300
Fax: [phone]
PRINCIPALS
H.W Bill Gilbert, III. P.E.
William C. Owen. R.L.S.
F, Richard Quible, P.E., R1 S.
Re: 401 Water Quality Certifiction - Cape Hatteras Motel
NC 12, Buxton, NC.
ASSOCIATES
Joseph S, Lassiter, S.E.S.
Waverly C. Ormond, A.I.A.
Sean C. Boyle, P.E.
Eduardo J. Valdivleso, P.E.
In response to your meeting concerning the above referenced project on May 26,
1993 with Joe Lassiter of our firm, I am enclosing a set of plans and a
narrative which will help clarify the need for the filling of the man made
basin on the Cape Hatteras Motel property. The following is a list of the
plans sheets included in this package:
Sheet 1 - Major C.A.M.A. Permit Application, Existing
Features, Proposed Bulkhead, & Proposed Basin
Filling, Latest Revision Date of 6/28/93.
Sheet 2 - Major C.A.M.A. Permit Application, Available
Drainfield Area without Filling Basin, Latest
Revision Date of 6/28/93.
Sheet 3 - Major C.A.M.A. Permit Application, Available
Drainfield Area with Basin Filled, Latest Revision
Date of 6/28/93.
NARRATIVE:
SITE DESCRIPTION:
The subject property is an approximately 4.8 acre tract of land in Buxton, NC.
The land runs from the Atlantic Ocean to a man made basin and canal which
leads to the Pamlico Sound. The waters of the man made basin and canal have
been classified as a tributary to Class SA waters and that any future
development must adhere to the rules and regulations for development adjacent
to Class SA waters. (See attached February 20, 1992 letter from Suzanne H.
Keen of the NCDEH & NR, Division of Environmental Management, Classifications
and Standards Branch).
The property is bisected by State Road NC 12. The property east of NC 12
consists of seven separate buildings. Six are currently used as motel rental
units and one building is used as the motel office. The property west of NC
12 consists of five buildings, a swimming pool and a tennis court. Four of
the building are used as motel rental units and one building is used for
retail purposes and a small restaurant.
PROPOSED PROJECT DESCRIPTION:
The Major C.A.M.A. Development Permit Application for this site consists of
construction of a bulkhead as shown on Sheet 1 and backfilling with clean fill
1
material in the 32,000 +/- S.F. man made basin. The top of fill elevation
would match the surrounding upland grades. The existing channel will be left
in its natural state and remain open for traditional boating that may take
place within this canal.
The justification for the filling of the basin is two fold. Due to storm
activity within the last five or so years, it has become obvious that the
ocean front structures on this site are at risk of being destroyed. In
accordance with C.A.M.A. guidelines, the only practical way of saving these
ocean front structures is to retreat from the ocean to the soundside of NC 12.
No hardening of the existing beach is allowed. Filling the basin is necessary
to obtain the additional lands on which to relocate the structures, parking
and sewage disposal areas.
RECENT STORM HISTORY:
In the past few years, the ocean front buildings have received a great deal of
damage. The most notable storms occurred in March of 1989, Halloween Storm of
1991, December 1992 and April of 1993. The site now receives ocean over wash
regularly during mild Northeasters. Due to this ongoing overwash problem, the
owner must make plans for future relocation of structures, parking and sewage
disposal areas.
EXISTING UTILITIES:
Water: Each building is nerved by The Cape Hatteras Water Association for
potable water.
Sewer: Each building has its own septic tank and drainfield located in
close proximity to the building that it serves. The systems
serving buildings E, F, & G along the south property line on the
ocean front side are partially located on properties owned by
Carol Dillon.
SEWAGE DISPOSAL AVAILABILITY:
Since the sum total of Gallons per Day (GPD) on the ocean side is greater than
3,000 GPD, (see tabulation on plan sheets) the sewage disposal area must
comply with setbacks pertaining to systems over 3,000 GPD {.1950 Location of
Sanitary Sewage Systems (d) (4) & (7) of 15A NCAC 18A "Laws and Rules for
Sewage Treatment and Disposal Systems}. The setbacks from Class SA waters is
200, and from property lines is 251. The actual GPD of the ocean front side
is 4,585 GPD. This amount of sewage will require at least 9,170 sq.ft. of
drainfield area at an average loading rate. As shown on Sheet 2, the
available drainfield area without filling the basin is 2,785 sq.ft. This is
considerably less than the 9,170 sq.ft. that is needed.
If the basin is filled as shown on Sheet 3, the available drainfield area
increases to 13,626 sq.ft. This area can accommodate the required drainfields
for the ocean front structures and provide approximately 4,456 sq.ft. of
repair area for the existing systems on the west side of NC 12 which currently
do not have any designated repair areas. On Sheet 3, a drainfield layout is
shown that will serve all of the ocean front buildings. In both cases shown
on Sheets 2 & 3, the existing tennis court must be removed to obtain
drainfield area.
I;, .
CONCLUSION:
Based on the recent storm history of this site and current available sewage
disposal areas, the only way for this site to obtain proper sewage disposal
area is to fill the man made basin as shown on Sheets 1 and 3. If the basin
was not filled, any sewage disposal system placed on the soundside of NC 12
would be in violation of 15A NCAC 18A .1900 "Laws and Rules for Sewage
Treatment and Disposal Systems".
If you have any questions or need any further information, please contact
myself of Joe Lassiter at 919-261-3300.
Sincerely,
Quible and Associates, P.C.
?- L?
C cA
Sean C. Boyle, P.E.
enc:
cc: Dave Dawson
aSv
d
y ?"
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 8, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Mrs. Paul Dunn
P.O. Box 505
Buxton, N.C. 27920
Dear Mrs. Dunn:
RE: Cape Hatteras Motel application
Dare County
DEM # 93228
Thank you for your letter of 9 March 1993 concerning the
proposed fill of a boat basin at the Cape Hatteras Motel. The
Division of Coastal Management (CAMA Permit) and Environmental
Management (401 Certification) have not yet completed action on
the application. Therefore I can only answer your questions in a
very general sense.
1) What is planned to be built? The application states
commercial development. DEM will need to know whether there are
alternatives to the basin fill which will require that the
applicant be more specific as to the planned activity.
2) What are the dimensions of the basin? The application
states that the portion of the basin which is planned to be
filled occupies 32,000 square feet ( 0.73 acres). From our site
inspection, we believe this area to be accurate.
3) Who has the responsibility for flood water which would
be displaced by the fill? This is one of the factors that DEM
will consider in our review of the application.
4) Why is additional fill being considered in this area
given the sensitivity of wetlands and waters? A landowner has
the right to apply to fill waters or wetlands on his/her
property. The responsibilities of DEM (and other agencies) is
then to review that application to decide whether that fill can
be allowed according to our regulations and statutory
restrictions.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 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

Mrs. Paul Dunn
April 6, 1993
Page 2
I hope that this letter answers your questions. DEM will
require that the Cape Hatteras Motel demonstrate that they have
no practicable alternative to the fill of the basin. Please call
me at 919-733-1786 if you have any questions.
Sincerely yours,
Jo n R. Dorney
W .t lands and Tech ' al Review Group
caphat.ltr
cc: Washington DEM Regional Office
Washington COE Field Office
John Parker, Division of Coastal Management
Wilmington District Corps of Engineers
Central Files

Date: March 9, 19 9 3 1 WATER QUAUIYUREUt?nP f
r?r
RE: Basin to be filled by Cape
Hatteras Motel in an Area of
Environmental Concern
Dear Mr. John Dorney
We own three parcels of land, which we reside on, including
adjoining marshland which is part of our property. A creek
called Muddy Marsh Ditch seperates our land and drains into
the sound across from Cape Hatteras Motel Inc. Ours and the
property being questioned share the same area of sound and
marsh land which has been described to us by the Corp. of
Enqineers and Environmental office as an extremely sensitive
area of marsh, depended on by?,sea and land inhabitants. Our
location on the sound is called the bottle neck area and has
a history of severe tidal surges and land flooding._We were
warned before aquiring this area, but did not take heed to
its severity and learned to live with it. The tranquility and
peacefulness of this area out ways the problem of flooding.
Flooding occurs on NW winds. How much flooding depends on how
high the winds. Hurricane Gloria deposited eight feet of water.
We then lived in a trailor, which flooded but have recently
built a house some 22 feet high. We will not walk in water
in our house again, we hope.
All other land owners, located along this creek receive
flood waters also. If the basin in question is filled and not
allowed to share this over flow, other lands will flood more
severly. Also, having motored around this basin, I question
its size of 32,000 feet and hope wet lands ssurrounding this
basin will not be filled to increase the size of land to be
developed.
The Cape Hatteras Motel has a couple of businesses in this
area. On the beach is a hotel with another hotel, across the
street (Hwy 12) with more shops and all land slopes towards
the sound, the beach hotel being the highest. When over wash.,
from the ocean occurs, you can observe the ocean pour.through
the beach hotel and drain through their businesses, across the
street and drain through the marsh, into the sound. Our
area has been declared polluted and I worry about the marsh,
which has been pointed out to us by the Corp. of Engineers and
your environmental office, an extremely important area to our.
neighboring inhabitants, singe our marsh shares the sounds
frequent;- flooding and nutrients supporting its inhabitants
lives, which are deposited from these floods in our marshland
Cape Hatteras Motels marsh area.
Thirteen years ago, after aquiring our land, we wanted to
utilize our marsh area. We called the Corp. and Environmental
office out and after their on site, viewing of our marsh area,
we were told, our area of marsh was so sensitive to the nbeds"
of local inhabitants and so environmentally necessary, we could
di-sturb)iti4 many way, digging or filling it. We had wanted to'
dig a basin, to store our boat and only could construct a
finger length pier on pilings, over our marsh area.,
continued on page 2
page 2
After the explanation of our marshes delicate location to our,
sound and needs to its creatures, we accepted the non use of
our ownership of approximate one and a half acres of marsh land
along Muddy Marsh Ditch. We would like all other land owners
who share our marsh lands, respect their part of the sound. We
cannot reverse the extinction of sea and plant life unless we
all become responsible for our part in distroying them. Unfor-
tunately, financial gains cloud this responsibility.
Would you please let me know what is being planned to be built
on this filled basin, which will be located in the marsh?
How can I find out the diminsions of this basin, recorded on
some type of property transaction?
Who will be responsible for the displaced flood water, resulting
from the filled basin on Neighboring properties?
Why, when we were instructed of the sensitive location of our
properties to the sound is filling being considered to this
same area and building ?eing considered and more drainage of
pollutants will enter this area of marsh and sound, due to
the sloping of this property?
If this application is approved we would like a reviewito
our wants to dig a basin.
Please send us a copy of your decision to this permit application.
Sincerely,
Mrs. Paul Dunn
P.O. Box 505
Buxton, N.C. 27920
*. `
cc: Division of Coastal Management, Peter B. Colwell
Division of Environmental Management, Deborah Sawyer
Division of Coastal Management, Roger N. Schecter
Division of Environmental Management. Mr. John Dorney

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Quible
Quible & Associates, P.C.
ENGINEERS • ARCHITECTS • ENVIRONMENTALISTS
SINCE 1959
6 May 1993
Imo,/M
I V?j
SURVEYORS • PLANNERS Kitty Hawk, NC 27949
? I V 1 Lb Ph : 919-261-0
Fax: [phone]
-1260

Mr. John Dorney;.21i111
Wetlands and Technical Review Group R UAUS?,S'•.;('TI
NC Division of Environmental Management wA?
PO Box 29535, Raleigh, NC 27626
Re: 401 Water Quality Certification - Cape Hatteras Motel
Dear Mr. Dorney:
PRINCIPALS
H.W. Bill Gilbert, III, P.E.
William C. Owen, R.L.S.
F, Richard Quible. P.E.. R.L.S.
ASSOCIATES
Joseph S, Lassiter, S.E.S.
Waverly C. Ormond, A.I.A.
Sean C. Boyle, P.E.
Eduardo J Valdivleso, P E.
The purpose of this letter is to provide a response to your 6 April 1993
correspondence to Cape Hatteras Motel, Inc. in which you requested additional
justification for the proposed filling of approximately 33,030 sq. ft. of
public trust waters as specified in a Major CAMA Permit Application that
Quible and Associates, P.C. submitted on behalf of the property owner. The
subject property is an approximately 4.3 acre tract of land which runs from
the Atlantic ocean to a man-made canal and boat basin that is connected, and
considered a part of, the estuarine waters of the Pamlico Sound. The tract is
bisected by NC 12 in Buxton, Dare County, North Carolina.
Per our telephone conversation, I know that, to date, you have been provided
with a copy of the permit application and plat. I am enclosing with this
letter the narrative that was submitted with the application to DCM and a work
sheet plat which indicates a potential location and size of a central waste
treatment system. Also indicated are additional parking spaces and a
relocated structure.
The purpose of the proposed filling of the man-made basin, as outlined in the
application, is two-fold.
First, it provides the property owner with an area sufficient to relocate, and
provide parking for, existing structures currently on the ocean side and east
of NC 12. These buildings are subject to ocean over wash during any major
storm event and sustained significant damage during the Halloween storm of 92.
Based on CAMA's ocean front set back and non-hardening standards, the
applicant has no viable alternatives other than to relocate the structures
landward of NC 12 or let them be destroyed by the ocean.
Secondly, it will be necessary to design an approved waste treatment system,
or systems, for those structures prior to their relocation. As you are aware
the man-made basin and canal adjacent to the property have been assigned an SA
water quality classification by the Division of Environmental Management.
Therefore, the applicant is required to design waste treatment s:atems that
have a 100' setback from Mean High Water (MHW). The enclosed plat indicates a
preliminary waste treatment design and location for a central low pressure
pipe system that we prepared in Jan 93. This design, even with removal of an
existing tennis court, does not meet the 100' setback requirement. Given the
area required for an active and repair drainfield and the square footage of
the buildings and parking required to relocate, there is insufficient upland
area available to relocate the ocean side structures.
In conclusion, I request that you review the enclosed materials and if you
have questions or need additional information that you give me a call at 919-
261-3300. I hope that, following your review, you will find that the
proposed project is both consistent with NC's CAMA regulation, in that it
proposes an orderly retreat for oceanfront erosion, and the only viable
alternative to allow the property owner to save and utilize his existing
structures on his property. Finally, there is certainly considerable
precedent for the filling of man-made basins which, as can be seen on the
plat, have been excavated on the private property, in this case by the
property owners.
Thank you for your attention to this matter.
Sincerely yours,
?- Joseph S Lassiter
Manag , Environmental Section
-Quible and Associates, P.C.
cc: John Parker, Coastal Management
Raleigh Bland, COE
Cape Hatteras Motel, Inc.
Quible
9uible & Associates, P.C.
ENGINEERS - ARCHITECTS - ENVIRONMENTALISTS - SURVEYORS - PLANNERS P.O. Drawer 870
SINCE 1959 Kitty Hawk, NC 27949
Phone. [phone]
Fax: [phone]
14 February 1993 PRINCIPALS
H.W. Bill Gilbert, III, P,E.
William C, Owen. R.L.S.
F. Richard 9ulble, P.E., R.L.S.
ASSOCIATES

Mr. Pete Colwell Joseph
Waverly C. . Ormond, At Lassiter. S.E.S.
L A.
NC Division of Coastal Management Sean Boyle, P.E.
Eduardo J. Val divleso, P.E.
1367 US 17 South
Elizabeth City, NC 27909
Re: CAMA Major Development Permit Application -
Cape Hatteras Motel, Inc.
Dear Pete:
Enclosed is a CAMA Major Development Permit Application prepared by Quible and
Associates, P.C. on behalf of the property owner, Cape Hatteras Motel, Inc.
The development proposed is the construction of 230 linear feet (2301) of
bulkhead and the subsequent filling of a 32,000 square foot portion of the
man-made basin that is located in the northwest corner of the property. The
subject property is an approximately 4.8 acre tract of land which runs from
the Atlantic ocean to the man-made estuarine waters adjacent to the Pamlico
Sound and is bisected by NC 12 in Buxton, Dare County, North Carolina.
Enclosed with this correspondence is the permit application, a deed for the
property, a check for $250.00 to the DEHNR to cover the cost of processing the
application, a scaled blue line plan view plat of the property with typical
cross-sections of the work proposed and letters to the (3) adjacent riparian
property owners.
The purpose of the proposed project is to provide Cape Hatteras Motel, Inc.
with a means to retreat from ocean front erosion. As you are aware, the
property has been subject to over wash by the Atlantic Ocean during major
storm events for the last several years. These storms have severely damaged
structures on the east side of the property and have continued to move the
ocean front building set back line in a westward direction. Based on the CAMA
non-hardening guidelines for ocean front properties, the owners only practical
alternative is to, at some point, retreat from the ocean front erosion.
Therefore, the property owners would like to reclaim the man-made basin that
they excavated some 30 years ago. The project, as proposed, would construct a
bulkhead as indicated on the enclosed plat and then the basin would be
backfilled with clean fill material from an upland source. The existing man-
made channel to the Pamlico Sound would remain open to provide traditional
boating access to the subject and adjacent properties.
Please review the enclosed permit application package. This application may
be viewed as a new permit application or as a major modification of an
existing Major CAMA Permit # 129-91 which was issued to construct bulkhead
along the shoreline of the man-made basin. If you determine that the
application is satisfactory and complete, please give me a call at 919-261-
3300 and I will forward the additional blue-line plats required and the
Pete Colwell
February 16, 1993
Page 2
certified mail receipts from adjacent riparian property owners. If you have
questions or need additional information, please let me know what I need to
provide.
Thank you for your attention to this matter.
Sincerely yours,
Jo ph S. Lassiter
-4
l Manager, Environmental Section
Quible and Associates, P.C.
Enclosures
cc: Cape Hatteras Motel, Inc.
Sean Boyle
File #p90028.31tr

DEPARTW*W OF THE'
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 8, 1993
Regulatory Branch
Action ID. 199301436
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:
APR 14 LqW
WETLANDS GROUP
WATER QUALITY SECTION
Reference the application of Cape Hatteras Motel, Incorporated, for
Department of the Army authorization to construct and backfill a bulkhead and
backfill a manmade basin on Pamlico Sound, Buxton, Dare County; North
Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The bulkhead will be positioned in strict compliance with the permit
plans.
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. 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.
f. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
g. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
N.
-2-
construction-related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Copies Furnished:
4r. 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
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory unit
345 Courtland Street, NE.
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
State of North Carolina
Department of Enviromient, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt Jr., Governor April 6, 1993 A. Preston Howard; Jr. P.;
Jonathan B. Howes, Secretai), Direct
Cape Hatterass Motel, Inc.
P.O. Box 339
Buxton, N.C. 27920
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 33,030
square feet of water and wetlands at Cape Hatteras Motel for
commercial uses. Based. on this review, we have identified
significant uses which would be removed by. this project. These
are aquatic life fisheries h=ibitat and pollutant removal.
Furthermore, insufficient-. evidence is present in our files to
conclude that your project must be built as planned. Therefore,
we are moving toward denial of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your comii•i-rcial development on nearby upland?
Any documentation such as maps and narrative which you can supply
to address upland alternatives may be helpful in our review of
your 401 Certification. Please respond within two weeks of the
date of this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
Jo n R. Dorney
JRD/kls
Wetfill.ltr
cc: Washington Regional. Office
John Parker, Coastal Management
Wilmington Office COE
Joe Lassiter
RI.Glox,v. 01TIOWs
n.l,•, n r , a1.- r. :.: gi, w, 1d ?,i„ wn „ ?w wn„,omsxian
70t/2i1.6208 919/.Is(i-15,11 7C-I /Fti3-I6S5 )19/571-703 919/;46(A81 X919/'9.S 39"() 91918967007
IMPORTANT
To-'
Date _Time- ?-
WHILE OU WERE OUT
-- - - -
Phone_-
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
^RETURNED YOUR CALL
Message
z6c_ j LIA
i
- =- -S`gied
N.C. Dept. of Environment. Health/.. and Natural Resources
\? Printed on Recycled Paper
State of North Carolina
Department of. Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUF,.LITY SECTION
FAX. # [phone]
1
TELFC,OPY TO:--
FAX TAX NUMBER- -_-- - ?__-- _ - -._-__--
FROh1_:_.--- L-- - PHONE:,
NUMBER OF PAGES, INCLUDING THE COVER SHEET:-.3
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TRANSMISSION REPORT
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DIVISION OF ENVIRONMENTAL MANAGEMENT
30 March 1993
MEMORANDUM
TO: John Dorney
Wetlands and Technical Review Group
THRU: - -Jim Mulligan / /' -,-
Regional Supervisor
Washington Regional Office
THRU: Roger Thorpe
Water Quality Supervisor
Washington Regional Office
?
??
"
'
FROM:
-
• ' •
.
-
<Za-
Deborah Sawyer
Environmental Technician
Washington Regional Office
SUBJ: CAMA Review
Project #93-024-C
Cape Hatteras Motel, Inc.
Dare County
The above subject project has been reviewed by this office. The
applicant proposes to fill 32,000 sq.ft. of shallow water estuarine habitat in
waters classified as SA and not open to shellfishing. This area, proposed to
be filled, constitutes approximately half of the total area of the affected
water body. The Division of Marine Fisheries has stated that there is a
fisheries resource in this area. The applicant also proposes to fill 1,030
sq.ft. of coastal marsh/Corps of Engineers wetland.
Due to the loss of a significant resource and use of the waters, this
office recommends that the Section 401 Water Quality Certification be denied.
If you have any questions or comments, please call. Thank you.
[6[ d?
APR - 2
WHLANW( :R! 4K,
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # 9 3 - O 2-'{y WQ SUPERVISOR: THPRPE
REVIEWER: SAWYER DATE: 3/30/4-3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.• COUNTY:a ?P
PROJECT NAME: ' " ? ?- m cam
PROJECT TYPE : ??. • PhL?i.?' /PERMIT TYPE (qOOCOE
COE #: _ DOT
RCD FROM CDA: CICM' DATE FROM CDA: 3` ZJ g 3
REG OFFICE: WaRO RIVER ANDS BASIN v,4S S-5-
STREAM OR ADJACENT WATER BODY: 1-141--e?G ,
CLASS : 5 1} STREAM INDEX # : 3 d Z ?-
OPEN OR CLOSED:
WL IMPACT: J I WL TYPE: C?t,ao-T? I Yl a?a? (?,, •.,Sy
WL REQUESTED:103 0 f'E"'l? ACR EST:
HYDRO CNECT?V WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?
RECOMMENDATION: ISSUE ISSUE/COND (` DENX-,? HOLD

STORMWATER PLAN REQ'D: ? IF YES DATE APPROVED: 5'
PROJECT DESCRIPTION:
WATER QUALITY CERT. (401
CERT. REQ'D: `
IF YES, TYPE: ?Qn?. tJ
SEWAGE DISPOSAL
TYPE OF DISPOSAL SED:
( ISTI , PROPOSED, OPTIC TANK--?TC.)
TO BE PERMITTED BY: --
(DEM, DHS CO 3 '
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER : 3 ,?? Do o/ f ?' W ,T ?-
IS FILL ELIMINATING A SIGNIFICANT USE? `
DREDGING
AREA TO BE DREDGED :
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
ARE THE FOLLOWING ADEQUATELY
SEWAGE DISPOSAL:
OXYGEN IN BASIN:
ADDRESSED? /v 4
MARINA SERVICES:
CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office
1AVISION OF COA, I'AI, MANAGEMENT
FIELD INVE-STIGATION REPORT
1. APPLICANT'S NAME: Care Hatteras Motel, Inc.
2. LOCA'T'ION OF PR(JJECT STTF: Off Hwy 12, as you enter Buxton from Avon, Dare County,
Pamlicd Sound
Photo Index - 1989: 201 - 1, J-7 1984: 145-393, W-1 1
State Plane Coordinates - X: 3038600 Y: 570450
3. INVESTIGATION T'yPE: LAMA/D&F
4. INVES'T'IGATIVE VkOCEDURF,: Dates of Site Visit - 02/24/93
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - February 18, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) L.dcal Land U,4* Plan - Dare
Land Classification From LUI' - Conservation/Transition
(B) AEC(s) Involved: ES, CW, PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic Systems
Planned - None at this tirne
(F) Type of StructUtes: Existing - 4 Motel Units, Pool, Tennis Courts, Restaurant, Retail Shops
[Tanned - Bulkhead
(G) Estimated Annual Rate of Erosion: 2 ft.
Source - Applicant
7. HABITAT DFSCRI]yriON: [AREA]
1)RFf)(11hTl r,TT T cT-% l1 T-
V 111 Li1\
Vegetated Wetlands 1030 sq. ft.
Coastal Marsh/COE Wetland
[(B)
Non-Vegetated Wetlands 32,000 sq. ft.
Shallow water bottotii
Other
(D) Total Area Disturbed: 33,030 sq. ft. (0.8 acres)
(E) Primary Nursety Area: No
(F) Water Classifieation: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes to bulkhead and fill a 32,000 sq.ft. man-made basin on
the west side of the property.
Cape Hatteras Motel
Bto Report
Page Two
Introduction
This project should be considered as a Major Modification of State Permit #129-91 issued to the Cape
Hatteras Motel, Inc. on Sditernber 25, 1991. No work has been done on the proposed bulkhead and pier
authorized by #129-91. The current proposal to fill in the basin will delete the earlier pier and bulkhead
proposal.
Mr. David Dawson With Cape Hatteras Motel currently owns a 6.7 acre tract on the east end of
Buxton. The property is trisected by NC 12 with both oceanfront and soundside motel units. Recent
storms in the last two years have buried the oceanside property in 3-5 ft. sand and flooding has damaged
some of the ground level tllbtel units. The use of the oceanfront pool has also been lost. In an effort to
retreat from the eroding shoreline Mr. Dawson wishes to increase his useable high ground on the west side
of NC 12.
Site Description
The Cape Hatteras Motel consists of six motel unit buildings and a service building on the east side
of NC 12. Only the two Hewer buildings are raised on pilings. The five older buildings which are not
elevated have been flooded and buried in sand during severe storms. The ocean side pool filled with sand
during the 1992 Halloweetf Storm and has been abandoned. Much of the oceanside parking areas are also
currently buried in sand. On the west side of NC 12 are four more motel unit buildings, tennis courts, a
new pool, restaurant, and Wail shops.
A large than-made basin can be found at the west side of the property beyond the motel units and
new pool. The 4-5 ft. deep basin connects tot lie SA waters in Pamlico Sound through a man-made canal
and creek close to a 1000 ft. long. According to the applicant the basin was excavated 30 years ago. A 3-
5 ft. wide fringe of coastal Wetlands consisting of saltmarsh cordgrass S artina alterniflora) and black
needlerush (Juncus roemerlanu5.) can be found around much of the basin's shoreline. Storm overwash has
filled in much of the eastetti end of the basin around the old dock. The south side of the basin has been
sparsely riprapped with broken concrete.
Upland vegetation atriund the basin consists mostly of various grasses with scattered scrubby live
oaks ( uercu vireiniam), and silverling (Baccharis halimifola). A 30 ft. wide upland berm separates the
basin from an extensive black needlerush marsh on the north side. A 20 ft. x 85 ft. area of overwash sand
from the oceanside property has been stockpiled at the eastern end of the basin.
The applicant proposes to construct a 230 ft. bulkhead wall north to south across the basin and
backfill approximately 32,000 sq. ft. of estuarine water with sand from an upland source. The project
would leave the existing canal at a width of 50 ft. while creating about 0.8 acre of new high ground for the
motel. The existing dock attd retaining wall at the basin's eastern end will be removed. I would anticipate
that the applicant will propose more motel units on the new upland area.
Anticipated Impacts
The current project proposed will fill approximately 32,000 sq. ft. of estuarine and public trust
waters. It will also destroy this same amount of shallow water bottom habitat and approximately 1030 sq.
ft. of fringe coastal marsh around the basin's edge. The Division of Environmental Management should
Cape Hatteras Motel
Bio Report
Page Three
look closely at the project for water quality impacts. The basin may provide valuable nursery habitat for
juvenile finfish and shrimp Which would be eliminated by this project. If the area was left undisturbed by
man coastal stotm overwash would probably continue to gradually fill the basin in from the eastern end.
The construction of the bulkhead will cause some short term, localized turbidity.
CAMA Review
The project area is classified as Conservation and Transitional in the Dare County LUP. A full
review by Steve Gabriel will follow.
Submitted by: Peter B. Colwell
Date: February 26, 1993
Please type or Print. Carefully describe all anticipated
development Activities, Including construction, excava-
tion, filling, pdVing, land cle8Hng, and stonnwater con-
trol. If the regNsted informAtion is not relevant to your
project, write M/A (not applicAble). Items 1-4 and 8-9
must be conlolOltd! for till 01%jects.
1 APPLICANT
a. Name E BA22$RA9 MQ.TEL.,_-INC
Address Pd BOX 339
City BUXTON State NC
Zip 27924 i )ayphone 919--995-5611.
XX
Landowner Authorized agent
b. Project name (if any) NA
c. If the applicant is not the landowner, also give the
owner's Narrrie and address.
- ----- oFG?Iy?U
If you plan to build a marina, also complete" a '95
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an El"'OhA(*Y
existinl;3 project, new work, or both?
c. Will the project be for community, private, or
commercial use?
PRIVATE
d. Describe the planned use of the project.
Fi.l.l.i.nq -the basin illow
retreat from oceainfrQnt rosinn
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 4.18 Acres
2 LOCAT16N OF PROPOSED
PROJECT
a. Street address or second afy road nurnher
N[` 17
b. City, town, community, otland mark
BUXTON, NC
--- h. Size of individual lot(s)
NA
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4.5' NGVD 1929
C. County. BARE _
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED F)hOJECT
a. Describe all development fittivities you propose (foi
example, building a home; hotel, rnarina, hulkhcad,
or pier).flacing 230' of bulkhead and
backfil ng a +/- 32,000 sq.ft_. man-made
basin-
d. Soil type(s) and texture(s) of tract
___Coxolla Fine Sands
c. Vegetation an tract Live oak, yaupon, holly,
wax myrtle, marsh frinoe
f. Man-made features now on tracf4otel Units, Retail
shops
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation X- Transitional
Developed Community
.-.-Rural Other
h. I low is the tract zoned by local government?
-- _. C:ommcrcial
i. ilow are adjacent waters classified?
SA
j. I las a professional archaeological survey been
carried out for the tract? _ No.__ If so, by whom?
12/89
5 UPLAND DEVELOPMENT
Complete I1119 fection if the project Includes any land
development.
a. Type and HUffiber of buildings, facilities, or
Slrltctures?fiypoSect __ NA _
h. Ntlnther ofibis or parcels _ Nn
C. Density (di1?t the nunthef of residential units and the
units per AdN.)_. NA
d. Size of ardtb be graded Or distutbcd
c. If file pr0081ed project will distuth afore ih, one
acre of lattdt the Division bf t_and Resources roust
teceive art 9lbsion and sedimentation control plan It
least 30 dd." before land disturbing activity begins.
If applicab lI has a sedimentation and crosion
tonlrol plM been submitted to the Division of Land
kesourccsJ& NA
f. 0INT the p?f ?ritasc of the tract within 75 feet of
tnean higH t?Atet to be covcrcd by inrpcfill cahlc
Surfaces, Ott dg pavement, huildings, rooflops.
-rl• -o-
g. List the m0flals, such as marl, haver stone, asphalt,
bt concret61 Eb be need fot paved surf aces.
NA
It. If applicabit, has a stormNvatcr management pill)
been suhrff6d to the Division of Environmental
Managcrnbflt7 ?A
1. describe pfflose(i sewage disix)sal and/or waste
Water treat0rit facilities.
- -- N n
j. have these 111cllitif"e received stale or local approval?
.t
k. bescribeAhtingtteatment facilities.
COnVafltlonal gravity recptic- tanks
WI t- ra nrlelas
I, bescrihe WAtion ;tnd type of dischatgcs to waters of
I,, t st .ktalc (fal6xample, surlier runoff, sanitatY
Waslewateft ihdtisnial/contrnctcial of fluent, "waeh
dowt kin _
8 19
2 01:04
m. Water supply source Cape Itatteras Water Assoc.
n. If the project is oceanfront development, describe
the steps that will he taken to maintain established
public beach accessways or provide tic* access.
o. If the project is on the oceanfront, what will be the
cicvalion above mean sea level of the first habitable
floor'?-1-NA -- ----- --
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which arc
covered in Section 7).
Length Width Depth
/lccess channel
(Mi.W) or (NWL)
Boll hasirl
Other(hreak-
watcr, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MI1W
tlpland fill
areas
h. Amount of material to be excavated from below
water level in cubic yards C. 'T'ype of material NA
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. I lisp ground excavation, in cubic yards
NA
12/89
f. Dimensiori9 of spoil disptillal area
180, A 18o,
g. Location of spoil disposal Area
located;,bn the trdbt
h. Do you clam title to the diiposal area'? ___Yes _-
If not, attae}t a letter granflhg perinission from the
owner.
1. Will a disptlsal Brea be ay ilable for future
maintenance? Ydh
If so, where? Same rea
J. Does the digposal area indtide any marshland,
swamps, ot• water areas?
k. Will the fill material be placed below mean high
water? Yeb -
1. Amount of fill in cubic yAMS _______48.0.0_
m. Type of fill material Ciban send
n. Source of fill material A roved up-larid-source
o. Will fill mAterial be placed on marsh or other
wetlands? Wetlandd fringe
p. Dimensions of the wetland to be filled
200' X 2'
q. How will excavated or fill material be kept on site
and erosion controlled?
Bulkhedd to be coril$truct--ed across mouth
of basin prior to fillings -
r. What type of construction equipment will be used
(for example, dragline, baekhoe, or hydraulic
dredge)? "limp try -k? ate,
backhoti
s. Will wetlands be crossed th transporting equipment
to project site? No_ If ye§, explain steps that will
be taken to lessen environmental impacts.
NA
7 SHORELINE STAPILIZATION
a. Length of bulkhead or ri t2 210
b. Average distance watemvaH of mcan hihh water or
normal watef level 1-60'
12M
c. Shoreline erosion during preceding 12 months, in
feet----+/- 1'
-Manmade basin _ d. Typc of bulkhead material salt treated timber
e. Amount of fill, in cubic yards, to be placed below
nican high water 4800 Cu Yds (same as 6 1
f. Type of fill material clean sand
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
instniment 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 proicct.
An acenrate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 i 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 «aterfront (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. I VIE( NVEO •
FEB 6 .)
QC4 i
ilatnc Ms • tlt?oi h i..llon
Address _ ,r; o I)? x iz(i
ttitt.on t- Nc' ? 7920
t?
Name flli Mary Mo?;m
Address C? a tl;1 1Aer '1•: Na l: i ona l rank - -
--- -
3 , rtc7x V 11i;;
7 I-) 2l
NAtitc MiT L Tt%rr y_tithr-1 car
Address offe county rr:,nagcr
P 8,90i
1 r)00
--
- ----
Aft-L-4j,
A list of vi-AN§ 9finfe ot- f(,,Irrnl twi-mits issue(I for
wbfk on the ^6cf tract. hrclurle permit numbers,
p6ftnittee, ant{ IStuing dates.
Major.eW Permit t 129-9)
t ssur64' lubpt . 25 , 1 001
. .?+r
?D
A Eliec'k for 9,10 pay rldr to the 1)('11,111111C10 of
EH1+ironmcnl j !'??th ,? Natuc -11 Resources to cover the
cdsts of prncd'"1h# the lpplic-ii ion.
- 9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any penult issued in response to this application will
allow only the development described in the application.
'I hr project will he subject to conditions and restrictions
contained in the permit.
1 certify that to the hest of my knowledge, the proposed
ac'livity complies with the State of North Carolina's ap-
proval Coastal Management Program and will be con-
ducled in a manner consistent with such program.
1 furtlrcr reriify that 1 am authorized to grant, and do in
Iact, pi ant permission to representatives of state and
fedrral review agencies to enter on the aforementioned
lands in cnnnection with evaluating informalion related
to this permit application and follow-up monitoring of
pro.jecl.
A Signed A Ed hdiard ttotlce for projects in oceanfront
attd inlet arcigr"l
VI
A Hatentent A Ifib use bf public fllmis. II the project
irttfblvcs tltc ?? tiditnre of l???llic funds, attach a stalc-
rtlt ht documefl; g eornplianc-• with the With Carolina
EM'Ironmen(Af Pollcy Act (N ( J1.S. 113A- I to 10).
vb
I r'
ti; g3
?t
rr+?
,a .
rq{'?
it

W
I his is the l0_ day of __Y_(!br_U_axY __, 1993_•
X40kkXRW-ff Authonzed agent for. :
('alie ll)tter.as Motel, Inc.
12/89

To: John Dorney
Planning Branch n U t5
DIVISION OF ENVIRONMENTAL MANAGEMENT F-?7 1819AQ
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # ?3 - O SF -C - WQ SUPERVISOR : TH 8 1 r
REVIEWER: SAWYER DATE: 3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO. COUNTY:
PROJECT NAME :(26-11014:1 ? 4.p,
PROJECT TYPE: PERMIT TYPE: (COE
COE #: DOT
RCD FROM CDA: ?DCj? DATE FROM CDA: I n/93 _
REG OFFICE: WaRO RIVER AND SUp BASIN #: ?)BS 5
STREAM OR ADJACENT WATER BODY: IDOL" 5111n/
CLASS : S STREAM INDEX #:
3 v -r Z
OPEN OR CLOs7ED:
WL IMPACT: l y WL TYPE:
WL REQUESTED: /030 WL ACR EST:
HYDRO CNECT? WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED? /19-t D?
RECOMMENDATION: ISSUE ISSUE/COND DENY HOLD /
3?z3/Tq
STORMWATER PLAN REQ'D: ? IF YES, DATE APPROVED:
PROJECT DESCRIPTION: a Q o-,r.e? Q 3 2? oop
WATER QUALITY CERT. 401
CERT. REQ' D :
IF YES, TYPE :
SEWAGE DISPOSAL
TYPE OF DISPOSAL?SED: _--
LST , PROPOSED, EPTIC TANK .)
TO BE PERMITTED BY: --
(DEM, D ,-CO
IF BY DEM, IS SITE A BLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL 2 Z.
AREA OF FILL: WATER: 3 000 ? WETLAND: 103o
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: 1\(0r-P
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington office
t ,
DIVISION OF ENVI ONM NTAL 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 for Stormwater Review
Project:
Project No.: - Z
Z
1

Date Received: 3 "/ 7 3
Date Comment:-
Description of Project: !
sew )1 ec?e?ed
Comments:
I
b';'.a;FIINUTUN UrrICE
• - DIVISION OF COASTAL MANAGEMENT I; 1^ `-i ° r ^
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Cape Hatteras Motel, Inc. r% e tote,
2. LOCA'1Ttm OF PROJECT SITE: Off Hwy 12, as you enter Buxton from Avon, Dare County,'"
Pamlico Sound
Photo Index - 1989: 201-1, J-7 1984: 145-393, W- I I
State Platte Coordinates - X: 3038600 Y: 570450
3. INVES'T'IGATION 't'i'PE: LAMA/D&F
4. INVESTIGATIVE PkOCEDURF: Dates of Site Visit - 02/24/93
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - February 18, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare
Land ClassificAtlon From LUP - Conservation/Transition
(B) AEC(s) Involved: ES, CW, PT, EW
(C) Water Dependebt: No
(D) Intended Use: Commercial
(E) Wastewater Ttfttment: Existing - Septic Systems
Planned - None at this time
(F) Type of Structtltes: Existing - 4 Motel Units, Pool, Tennis Courts, Restaurant, Retail Shops
Planned - Bulkhead
(G) Estimated Andtlal Rate of Erosion: 2 ft.
Source - Appllcant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OT14 P.R
(A) Vegetated Wetlands 1030 sq.ft.
Coastal Marsh/COE Wetland
(S) Non-Vegetated WetlAtfds 32,000 sq. ft.
Shallow water bottom
(C) Other
(D) Total Area Disturbed: 33,030 sq. ft. (0.8 acres)
(E) Primary Nursety Area: No
(F) Water Classifidation: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes to bulkhead and fill a 32,000 sq.ft. man-made basin on
the west side of the property.
Cabe Hattera§ Motel
Bio Report
Page Two
Introduction
This project should be considered as a Major Modification of State Permit #129-91 issued to the Cape
Hatteras Motel, Inc. on September 25, 1991. No work has been done on the proposed bulkhead and pier
authorized by #129-91. The current proposal to till in the basin will delete the earlier pier and bulkhead
proposal.
Mr. David Dawson With Cape Hatteras Motel currently owns a 6.7 acre tract on the east end of
Buxton. The property is bhected by NC 12 with both oceanfront and soundside motel units. Recent
storms in the last two yeark have buried the oceanside property in 3-5 ft. sand and flooding has damaged
some of the ground level diotel units. The use of the oceanfront pool has also been lost. In an effort to
retreat from the eroding shoreline Mr. Dawson wishes to increase his useable high ground on the west side
of NC 12.
Site Descriptioh
The Cape Hatteras Motel consists of six motel unit buildings and a service building on the east side
of NC 12. Only the two hewer buildings are raised on pilings. The five older buildings which are not
elevated have been flooded and buried in sand during severe storms. The ocean side pool filled with sand
during the 1992 Halloween Storm and has been abandoned. Mich of the oceanside parking areas are also
currently buried in sand. On the west side of NC 12 are four more motel unit buildings, tennis courts, a
new pool, restaurant, and fetail shops.
A large than-made basin can be found at the west side of the property beyond the motel units and
new pool. The 4-5 ft. deep basin connects tot he SA waters in Pamlico Sound through a man-made canal
and creek close to a 1000 R. long. According to the applicant the basin was excavated 30 years ago. A 3-
5 ft. wide fringe of coastal Wetlands consisting of saltmarsh cordgrass (Spartin a alterniflora) and black
needlerush (Itthcus r me us) can be found around much of the basin's shoreline. Storm overwash has
filled in much of the easteth end of the basin around the old dock. The south side of the basin has been
sparsely riprapped with broken concrete.
Upland vegetation around the basin consists mostly of various grasses with scattered scrubby live
oaks ( u r it ini ), and silverling (Baccharis halimifola). A 30 ft. wide upland berm separates the
basin from an extensive black needlerush marsh on the north side. A 20 ft. x 85 ft. area of overwash sand
from the oceatiside property has been stockpiled at the eastern end of the basin.
The applicant proposes to construct a 230 ft. bulkhead wall north to south across the basin and
backfill approximately 32,000 sq. ft. of estuarine water witli sand from an upland source. The project
would leave the existing cabal at a width of 50 ft. while creating about 0.8 acre of new high ground for the
motel. The existing dock And retaining wall at the basin's eastern end will be removed. I would anticipate
that the applicant will propose more motel units on the new upland area.
Anticipated Impacts
The current project proposed will fill approximately 32,000 sq. ft. of estuarine and public trust
waters. It will also destroy this same amount of shallow water bottom habitat and approximately 1030 sq.
ft. of fringe coastal marsh Around the basin's edge. The Division of Environmental Management should
Cape Hatteras Motel
Bio Report
Page Three
look closely at the project for water quality impacts. The basin may provide valuable nursery habitat for
juvenile finfish and shrimli Which would be eliminated by this project. If the area was left undisturbed by
man coastal stotm overwash would probably continue to gradually fill the basin in from the eastern end.
The construction of the bulkhead will cause some short term, localized turbidity.
LAMA Review
The project area is classified as Conservation and Transitional in the Dare County LUP. A full
review by Steve Gabriel will follow.
Submitted by: Peter B. Colwell
Date: February 26, 1993
Please type or print. Carefully describe all anticipated
development fletivities, including construction, excava-
tion, filling, pAVing, land clelffing, and stormwater con-
trol. If therenested infotmlHtln is not relevant to your
project, write NJA (not ApplidAble). Items 1-4 and 8-9
must be comoldted for Ill d?bJects.
1 APPLICANT
a. Name t.A?13 I?rTT'gR11? MOTEL,__INC _ --
Address PO sox 339 .,,,
City BU1±014
dip 2792q
State _ NC
Day phdrie 919-995-5611
xx Landowner or _ Authorized agent
b. Project nathe (if any) NA __
c. If the applicant is not the Ifthdowner, also give the
owner's at a and address,
-- o G?EU
F
.
If you plan to build a marina, also complete
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing p1o ect, new work, or both? d g '93

01"a h 0"
c. Will the project be for community, private, or
commercial use?
PRIVATE

d. Describe the planned use of the project.
Filling the basin is required to
ail
retreat from oceanfront erosion

4 LAND AND WATER
CHARACTERISTICS
-- a. Size of entire tract 4.18 Acres
b. Size of individual lot(s) NA
2 LbcAtft OF PA6POSED
PROJECT
a. Street addifts or seconddf road number
b. City, town, Community, of landmark
BUXTON, NC
c. County Bflkk
d. Is proposed Work within city limits or planning
Jltrisdiction? No
P- Mime of body of water nei test project
Pamlico Sound
3 bESCRIPTION Aft PLANNED USE
OF PRdPOSEb PROJECT
a. Describe all development Ibtivities you propose (for
example, building a hometfhotel, marina, bulkhead,
or pier),Plabinq 230' Olt bulkhead and
loackf 2 a +//_ 2,000 sq,ft. man-made
Basin. - -
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4.5' NGVD 1929
d. Soil type(s) and texture(s) of tract
-s_o?
e. Vegetation on tract Live oak, yaupon, holly,
wax myrtle, marsh fringe
f. Man-made features now on tracl4otel units, Retail
Shops
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
--romme rvia
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey been
carried out for the tract? NO If so, by whom?
12/g?
1
5 UPLANb bEVELbPMENT
Complete I1119 fection if the jitoject includes any land
development.
a. 't'ype and Htthtber of buildings, facilMeg, or
stnrctureslSf'?po5ed __ N1?
b. Number otibis or parcels NA
C. Density (dive tite nurnbet of tesidential units and the
units per a6if)_ NA
d. Sic of at?+A?ib be graclcd ht distunc?;l
e. It the pM0Qkd project will dislurh more than one
acre of laddl the Nvisiorl bf Land Resources must
receive art NbSibn and sedimentation control plan at
least 10 dA befbrc land disturbing activity begins.
if applicabir hits a sedimentation and erasion
tronlrol plM been submitted to file Division of Land
kesourcesI& -
f. (Olve tic 14fitagc of the tract within 75 feet of
trican high Wittet to be coveted by impermeable
Surfaces, 011119 pavement, buildings, rooftops.
-- -_- +40, 0-
g. List the m0flals, such a§ hurl, paver stone, asphall,
br concretei Eo be used lot paved surfaces.
NA
h. It applic9bll, htls a stortnWiler management plan
been subtfliff6d to the Division of Environmental
Managctrient7.-NA
1. bcscribe V16f o§ed sewagt disposal and/or waste
Water treddent facilities.
MA_
j. have these! AcIIItres received state or local approval?
,t.
k. bescribe b Ling treatment facilities.
- Conv@Btional grdvity septic tanks
wi tTi l n f iela-5 - -
1. bescribe IMAtion and type of dischatges in waters of
t;E ?state (1816AAmple, surface tunolf, sanitary
Wastewatelt? Itiditsirial/cotttrnercial effluent, "wash
dowt "). _.??
.+rtr
tn. Wa ter supply source Cape datteras water Assoc.
n. If the project is oceanfront development, describe
file steps that will he taken to maintain established
public beach accessways or provide ne* access.
. _ - _ Nom- -
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
(MI,W) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
welland or below
MI1W
Upland fill
areas
Length Width Depth

b. Aniorrnt of material to be excavated from below
water level in cubic yards _ --0-
c. 'I'yhc of material __ NA
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. Iligh ground excavation, in cubic yards
NA
12/89
t. Dimension9 of spoil disp(§al area
180 1130 '
g. Location otspoil disposal Area manmade basin _
located,bn the trdbt
h. Do you clail i title to the bposal area'? _ Yes
if not, atta6h a letter granllttg permission from the
owner.
1. Will a dispb9al area be afthable for future
tnaintenanee?Yoh
If so, where? Samerl1i ea-- --
j. Does the di§posal area indtide any marshland,
swamps, ot Water areas?
fob
k. Will the fill material be placed below mean high
water? Ydh. ,s,
1. Amount oi''fill In cubic ytl<l'ds _4809
m. Type of rill material C16an sand
n. Source of fill Material _AJJhkov upland source
o. Will fill material be placed on marsh or other
wetlands? Wetlandd fringe
p. Dimensions of the wetland to be filled
2001 it I I
q. Now will eitcavated or fill thaterial be kept on site
and erosion controlled?
Bulkhead to be eoii13tructed across mouth
of basin prior to fillings
r. What type tit construction equipment will be used
(for example, dragline, badhoc, or hydraulic
dredge)? h imb truckgse bulldoze.rs._._---------
backhd$
s. Will wetlands be crossed lri transporting equipment
to project site? 11R) If ye§j explain steps that will
be taken to lessen envimnlllental impacts.
NA
I SHORELINE STABILIZATION
a. Length of bulkhead or ripllo 230'
b. Average diStatice watetwtlttl of mean high water or
normal wat6tlevel 1601
t i/90
c. Shoreline erosion during preceding 12 months, in
feet +/- 1'
d. Type of bulkhead material salt treated timber
e. Amount of fill, in cubic yards, to be placed below
mean high water 4800 Cu Yds (same as 6 1)
f. Type of fill material Clean sand
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 1 l 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
ac1jacent 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. ` nFoO ?E0
FEB i 8 '93
wwwfta"
N11he Ms - dA101 niltoti
--
Address «» tl ?Ox
_ iJACcn? HC z 7920
Itti
Nltine H'r Hary Hotan
Address C e ntFiratt National Park
s k go-it-t 7V"
- tl's;NC 7115371
N9fite ME 1_ fibr r Y Met- I v I
Address VA 116 County 141111ager
rd oft i 000
tM - IR! 21 '=,4 -
A Ilst of preVINS Stnte tit- ktlet nl permits issued for
*Ofk on the 0!0J6cI tract. 1nClude permit members,
pt!tfr11ttee, and 11WIng d9tes.
Major" Pekinit 1 .1.29-91.
issUr?????f ZS? 1991
?D
A Atek for tha(le aylble to the 1)epaft?nemt of
F301ronment i Will & 9ttital Resources to cover the
cd9h of pmcdllhg tlrc 90plictftiom.
A 9gned ARA Ildidrd HoMb for projects ill oceanfront
9ttd Inlet aredf"'
A 1Iriteinent a Ilit Use tit ptibile funds. if the projccl
ItWtfives the 4ttdihlre t)thtiblic funds, attach a state
ttWht docuniefl?g cornpllatim with the North Carolina
1;NVItonmentd,pollcy Act (N.C.o.S. 11 W I to 10).
i?
d1
't r
Ir
Ftt i'4 t?tlau
DEB 1 gi43
a,
MAIM
it
k.

W ...
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 he subject to conditions and restrictions
contained in the permit.
1 certify that to the hest of my knowledge, the proposed
activity complies with the Slate of North Carolina's ap-
proved Coastal Management Program and will be con-
(ucted in a manner consistent with such program.
1 further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
fcdetal review agencies to enter on the aforementioned
lands in connection with evaltiAng Infortnalion related
to this permit application and follow-up monitoring of
project.
This is the .__to _ day of _Fet).r_uaurx , 1!))3--..
x4dIfkk4t9t,ff Authorized agent for. :
Cape natteras Motel, Inc.
12/89
- „a STAT[? D -- U
10 ..- p L MAR 171993 ...-
WETLANDS GROUP
State of North Carolina WATER UALITY SECTIi?id K
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889-1424
James B. Hunt, Jr., Governor
DIVISION OF ENVIRONMENTAL MANAGEMENT
16 March 1993
Mrs. Paul Dunn
P.O. Box 505
Buxton, North Carolina 27920
Dear Mrs. Dunn:
Jonathan B. Howes, Secretary
I received your request for a copy of the application for the Cape
Hatteras Motel on 11 March 1993. A copy of the application for a CAMA Permit
will need to be acquired from the Division of Coastal Management in the
Elizabeth City Field Office. You should address your request to the
following:
Mr. David Griffin
Division of Coastal Management
Elizabeth City Field Office
Elizabeth City, North Carolina 27909
The Division of Environmental Management issues the Section 401 Water
Quality Certification which is part of the CAMA permitting process. When this
project has been reviewed and recommendations have been made, we will be happy
to forward a copy to you of the recommendation. I will request that the
Central Office of this Division forward a copy of any final comments and/or
Certification for this project upon completion. If we can be of any further
assistance to you, please call this office at 946-6481. Thank you for your
inquiry.
Sincerely,
,4- a-4--
Deborah A. Sawyer
Environmental Technician
DAS/aht
cc: ohn Dorney
David Griffin
P.O. Box 2188, Washington, North Carolina 278892188 Telephone 919-94",481 FAX: [phone];'919-946-6039
An Equal Opportunity Affirmative Action Emplover
?'5 Z?"
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
N REPLY REFER TO March 11, 1993
Regulatory Branch
Action ID. 199301436
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Dn?i
171993 ti Lt
WETL^111DS GROUP
Enclosed is the application of Cape Hatteras Motel, Incorporated, for
Department of the Army authorization and a State Water Quality Certification
to construct and backfill a bulkhead and backfill a manmade basin on Pamlico
Sound, Buxton, 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 May 11, 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,
a ne Wr t
hi , 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. David Griffin, District Manager
N.C. Division of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909

Please type or` Print. Carefully describe all anticipated
development Adtivities, including construction, excava-
tion, filling, pAVing, land clearing, and stormwater con-
trol. If the re4U6stdd information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be comolOW for all projects.
1 APPLICANT
a. Name-_ ClB-rTTaunS-_MQTEL"NC-
Address NJ BOX 339
City BUXTON
Zip 2792b
State NC
bay phone [phone]
xx Landowner or _ Authorized agent
b. Project nathe (if arty)
c. If the applicant is not the landowner, also give the
owner's nab a and address.
.N'
2 LOCATI6N OF PROPOSED
PROJECT
a. Street addti§s or secondary road number
N 7
b. City, town, community, ortandmirk
BUXTON. NC
c. County BARE
d, is proposed *ork within city limits or planning
jurisdiction] NO
e. Name of body of water neatest project
Pamlicd sound
?? ? r
uu ? ? 19?d e ?
rvtIUMS GRCIIIP
If you pl ?t kl t ` tdomplgte? 1 b'93
attach Form DCM-MP-2. --._.
b. Is the proposed activity maintenance of an
existin Rpro?ect, new work, or both?
OTI
C. Will the project be for community, private, or
commercial use?
PRIVATE
d. Describe the planned use of the project.
Filling the basin is reQuired-to allow
retreat from oceanfront erosion
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 4.18 Acres
b. Size of individual lot(s)
NA
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4.5' NGVD 1929
d. Soil type(s) and texture(s) of tract
-Corolla Fin[ S-nda
e. Vegetation on tract Live oak, yaupon, holly,
wax myrtle, marsh fringe
f. Man-made features now on tracl4otel units, Retail
Shops
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation X Transitional
Developed Community
Rural Other
,., h. How is the tract zoned by local government?
3 DESCRIPTION AND PLANNED USE --Commercial
OF PROPOSED PROJECT i. How are adjacent waters classified?
SA
a. Describe alt development Wivities you propose (for
example, btlitding a home; Motel, marina, bulkhead, ?' Has a professional archaeological survey been
br. pier).pigbing 230' 6k bulkhead and carried out for the tract? NO If so, by whom?
backf tIg a +/- 2,000 sq.ft. man-made
basin. _
12/89

5 'UPLANd bEVELbPMENT
Complete IfIM IEction if the Phiject includes any land
development.
a. 't'ype and tflilnber of buildings, facilities, or
strrcttires liFbpose(1 NA
b. Number oflbis or parcels NA
c. Density (dlVt the nttntbef of residential units and the
unitR per 9A)_- - NA
d. S17.e of ar 0b be prided Or disturbed
c. 1'.f the proofttd proicct will disitrt) more than one
acre of laddt the Division bf Land Rcsornces must
teceivc ad lfbSion and sedimentation control plan at
least 30 dd before land disturbing activity begins.
If applicab It hAs a sedittlentatiott and erosion
t;onlrol plM been submitted to file Division of Land
kcsourccsj,j,. NA
f. hive the pflt6Ntape of the tract within 75 feel of
fncan high 011tet to be covered by irnpcnncable
lurfaces, 9011 JIS pavemetlt, buildings, rooftops.
in. Wifer supply source Cape ttatteras Water Assoc.
n. If the project is oceanfront development, describe
file steps that will be taken to maintain established
public beach accessways or provide tic* access.
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).
g. List the mtlletidis, such as Marl, raver stone, asphalt, Access channel
br concretAl lti be used fnt raved surfaces. (MLW) or (NWL)
NA .,,
h. If ripplicdQ19, hfis a storm*,iter management plan
been subtilRd to the Division of Environmental
1l9anagcm?Al7_pA
t. bcscribe 01%Oted sewage disposal and/or waste
Watcr tredfflEht facilities.
NA
- Boat basin
j. have these' AcI ifi('S received state or local approval?
k. bescribe b19titig treatmehl facilities.
Convt! ibnal grdvity septic tanks
wI t al I ??-
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetiatl(I or below
M11W
Upland fill
ileac
Length Width Depth

I Flo ISO,
;•,•?,., gas:?::•:
i:.,
;.

b. Amount of material to be excavated from below
water level in cubic yards -0-
• n e c. 'T'ype of material NA
1. bescribe tAtidn and type of discharges Io walet:s of
St'. .,t hate (fQKkAmple, suffice runoff, sanitary
Wastewatdf lh'dustriaVconftnercial effluent, "wash
. w.
do115 16%
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. Iligh ground excavation, in cubic yards
-- - ---NA
'"Fit 12/89
• L Dimensions of spoil dispMal area
Igo + it3o,
g. Location ohpoil disposal Area manmade basin
located;,bn the trdbt
h. Do you clai$i title to the disposal area'? Yes
if not, attach a letter grantthg permission from the
owner.
L Will a disposal area be available for future
maintenance ? xdh
If so, where? Same Area -- J. Does the di§liosal area in8ttde any marshland,
swamps, of Water areas?
ftyi? ??
k. Will the fill material be placed below mean high
water? Ydll_. c-,
1. Amount of fill in cubic yit'ds 4800 _
m. Type off ill material Cihan sand
n. Source of fill Material A` "roved upland source
o. Will fill material be placed on marsh or other
wetlands? Wetlandh fringe
p. Dimensiott§ of the wetlat4to be filled
200' A 2'
q. How will eitcavated or fill Material be kept on site
and erosion t:ontrolled?
gulkhedd to be codfitructed across mouth
of basin prior to illings
Jr. What type Otconstructiotl -6quipment will be used
(for examp1t, dragline, bill1hoe, or hydraulic
dredge)? tittmt trttckAJ bn1l dozers,
backhdA
s. Will wetlands be crossed th transporting equipment
to project site? No If yeg+ explain steps that will
be taken to lessen envirordbental impacts.
NA
7 SHORELINE STABILIZATION
a. Length of bulkhead of ri,)Ab 230'
b. Average dis Annce waterwW of mean high water or
normal watdt level 160!
IM6
c. Shoreline erosion during preceding 12 months, in
feet +/- 1
d. Type of bulkhead material salt treated timber
e. Amount of fill, in cubic yards, to be placed below
mean high water 4800 Cu Yds (same as 6 1
f. Type of fill material Clean sand
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 7.1.0203 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. ` TIFCOVED
f[B i 6,93
t?

d
fu
t4fte Dillon
Address o Wu Irox 2
ditollif INC 27920
MAhie Mary Not-
an--Address c at brdn National ratk
- ---
-jt?o.tC 711 571
f4fttlle Tbrry Miler t er.
Address D &H county Manager
Pal-opt 1000
1 I'M 24 --- - ------
A Ust of predhh Slate bt• hetletnl pernrif s issued for
*61-k on the oftei ttacl. tnclnde pennit nnnihers,
pffinittee, and §ufng dudes.
. , Major , I'etinit 1 1.29-91
lnsur?d' khpt:. 25; toot.
A thtek for f Made Mutal Shle to iftc Department of
P-tlbitonment M61141th & Resources to cover file
edhb of procAllig the doplication.
A Signed ARdhiligrd hooch for projects in oceanfront
ahd inlet aced",
A lfdlernent d 1f a ns@ tit public funds. If the project
itlVblves the @ Nditnre tit public funds, attach a state-
td6hi documefl g Compliance with the North ('arolina
thVitonmentAltN11cy Ad (N.C.GS. 1 13A- I to 10).
,ta
f r
f EB 1 ? i?3
to
it
b.

V"
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.
1 certify that to the hest of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
provcd Coastal Management Program and will he con-
ducted in a manner consistent with such program.
1 further certify that 1 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 pertnit application and follow-up monitoring of
project.
'I'his is the io day of _peb_rq0xy , 19y3
`x4wkkkkRgi',fif Authorized agent for:
c'?pe ttatter.as Motel, Inc.
12/89

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Regulatory Branch
IN REPLY REFER TO
March 8, 1993
l 7? F f
WgT?N?o Asa
ECT pN
Action ID. 199301436
Cape Hatteras Motel, Incorporated
Post Office Box 339
Buxton, North Carolina 27920
Gentlemen:
Reference your application for Department of the Army (DA) authorization
to construct and backfill a bulkhead and backfill a manmade basin on Pamlico
Sound, Buxton, 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
cu.La.lnize 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.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by April 8, 1993. Also, a copy
of this information must be sent to the North Carolina Division of

-2-
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:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
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
VMr. John Dorney
Division of Environmental 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
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
,i... ;
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199301436
March 8, 1993
Cape Hatteras Motel, Incorporated
Post Office Box 339
Buxton, North Carolina 27920
Gentlemen:
On February 11, 1991, we renewed general permit No. CESAW-CO80-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 March 3, 1993, for Department of the
Army authorization to construct and backfill a bulkhead and backfill a manmade
basin on Pamlico Sound, Buxton, 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. 199301436
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
l .'n A `5 A 5 Rgti'. T
1r , ? 'Y
a.,,<<?
-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
?Ar. 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
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
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
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