19930814 Ver 1_COMPLETE FILE_19930902

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
` WILMINGTON, NORTH CAROLINA 28402-1890
October 26, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304589
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:
os G;.
UiY
Reference the application of Messrs. William Shoemaker and Dennis
Williams for a Department of the Army permit to construct two wooden
breakwater structures on Pamlico Sound, Indian Ridge, 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 breakwater structures will be aligned in strict accordance with
permit plans.
C. No vegetated wetlands will be excavated or filled.
d. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
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.
NOV - 31993
-2-
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
,Mf . John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 24, 1993
Regulatory Branch
Action ID No. 199304589
Mr. William,_. " ker
and Mr. Dennis Williams
Post Office Box 663
Buxton, North Carolina 27920
Dear Messrs. Shoemaker and Williams:
0 I
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received September 13, 1993, for Department
of the Army authorization to construct two wooden breakwater structures on
Pamlico Sound, Indian Ridge, Buxton, Ware 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. 199304589
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
U LS

'0
J
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
Jx` John Dorney
'Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
MEMORANDUM
RFCEIVE'?
V,1ASHINGTON OFFICE
"' 1 1993
I). E, M.
September 10, 1993
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William Shoemaker & Dennis Williams

Project Location: Off NC 12 in Indian Ridge Subdivision, Buxton, Dare County, Pamlico
Sound
Proposed Project: To construct 268 ft. of wooden breakwater 15-40 ft. offshore. The
breakwater will continue an existing breakwater line from the
property to the east and will be constructed of three overlapping
sections with 15 ft. gaps between sections.
Please indicate below your agency's position or viewpoint on the.proposed project and
return this form by October 1, 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 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
-- attached comments.
?( \ ?A
Signed
1
to the project for reasons described in the
A?1
DEHI?IR
Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Ertuol Opporhinity Affirrnativo Action Employer 50%rocyc1od/10% post-consumer paper

To: John Dorney IIII OGT
Planning Branch uu
• DIVISION OF ENVIRONMENTAL MANAGEMENT WETLANDS GHC}u
CAMA/COB PERMIT APPLICATION REVIEW WATER UA! ITY SEC : !`'
WaRO PROJECT # WQ SUPERVISOR: THO
REVIEWER: SAWYER DATE: /a? 3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.:. COUNTY:
PROJECT NAME: ; ?hw?m
PROJECT TYPE:. PERMIT TYPE: C6;iA COB
COE #: DOT #:
RCD FROM CDA: opt---- DATE FROM CDA:/!$! S3
REG OFFICE: WaRO RIVER AND SUB BASIN 0: f?l?S S }
STREAM OR ADJACENT WATER BODY:
CLASS : 6-11? STREAM INDEX 30 - z 2_
OPEN OR
WL INPA pV WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: JtATING SHEET ATTACHED?
RECOMMENDATION: _1! ISSUE/COND DENY HOLD ,
STORMWATER PLAN REQ:D- IF YES, DATE APPROVED: `
PROJECT DESCRIPTION: Cdr ?. a2 ?o $ a`?e?
WATER QUALITY CERT. (401
CERT. REQ'D:
IF YES, TYPE :
SEWAGE DISPOSAL
TYPE OF DISPOSAL -PBQPOSED:
( STI , PROPOSED,CSEPjIC ? ETC.)
TO BE PERMITTED BY: _
(DEM, DHS,C OQ•Aiix-)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: - o - WETLAND: --o
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
AREA TO BE DREDGED: /L-)0-1p
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? N
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
DIVISION OF ENVIRON NT MANAGEMENT
A IVY MEMORANDUM

• TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
-1
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project:., f L(J
Project No.:_
Date Received: 1 .
F" Al Date Comment: fS
Description of Project: /
:Sea- f/7??ed
Comments:
I
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William Shoemaker and Dennis Williams
2. LOCATION OF PROJECT SITE: Off NC 12 in Indian Ridge Subdivision, Buxton, Dare County
Photo Index - 1989: 201-8, J-12 1984: 145-390, irieroN`c?FF?cE
State Plane Coordinates - X: 3021200 Y: 567500
Ca- 1 ? f?ya'
3. INVESTIGATION TYPE: CAMA
r.
e r. i.fr
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/29/93 9/9/93
Was Applicant Present - Yes Yes
5. PROCESSING PROCEDURE: Application Received Complete - 8/31/93
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Single family septic system
Planned - None
(F) Type of Structures: Existing - Single family homes with out-buildings
Planned - 268 feet of wooden breakwater
(G) Estimated Annual Rate of Erosion: 2 - 4 feet
Source - Applicant
7. HABITAT DESCRIPTION:
[AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Bottom 134 square feet
(C) Other
(D) Total Area Disturbed: 134 square feet
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicants propose to construct 268 feet of wooden breakwater 15 - 40 feet
offshore. The breakwater will continue an existing breakwater line from the property to the east and
will be constructed of three overlapping sections with 15 foot gaps between sections.

Shoemaker/Williams
Bio Report
Page Two
Site Description
The applicants currently own two developed 1.5 acre lots on Pamlico Sound in the Indian
Ridge Subdivision off NC 12 west of Buxton. The majority of both properties consist of upland
maritime forest dominated by live oaks ( uer u vir ing iana) and loblolly pine Pinu teada).
The two residences are tucked neatly within the forest with very little clearing. The forest
grades into a yaupon I( l.Px vomitori a) thicket, marsh elder (Ivg frutescens), and then into coastal
wetlands along the scalloped shoreline. The coastal marsh is dominated by salt meadow hay
(SpartiA patens), salt grass Di tichli spicata), sea oxeye (Borrichi frutescens), and salt marsh
cordgrass (Spartin alterniflora) at the waters edge. The adjacent Pamlico Sound is classified
as SA waters, closed to shellfishing. There are scattered areas of submerged aquatic vegetation
offshore.
Along much of the shoreline, erosion is undercutting the marsh edge. In an effort to
prevent further erosion Mr. Lou Browning, to the east, has constructed 100 feet of wooden
breakwater in conjunction with the UNC Sea Grant Study. Mr. Shoemaker and Mr. Williams
wish to continue this effort by constructing a similar breakwater structure in front of the marsh
on their properties. Mr. Browning has indicated that he will apply to extend his breakwater to
the Shoemaker property line.
The Shoemaker/Williams proposed 268 feet of wooden breakwater would begin near the
Browning/Shoemaker property line with an 8 foot section approximately 35 feet offshore. A 120
foot section would be set 15 feet landward, overlapping the first section, and extending across
Shoemaker's property. A 20 foot section will then angle landward into a cove. Another 15 foot
gap will be left open at the Shoemaker/Williams property line. The remaining 120 foot section
will extend across Williams property at a maximum distance of 40 feet offshore (because of the
cove) and end approximately 15 feet from the marsh on the other side of the cove. The
breakwater is to be constructed with 1/8 inch gaps between 2" x 6" treated sheathing boards and
will extend in height one foot above the mean high water elevation.
Anticipated Impacts
The construction of the breakwater will fill approximately 134 squa;e feet of shallow
water habitat along its alignment. The gaps between breakwater sections and between the
sheathing boards should provide adequate water exchange behind the structures and allow access
to all public trust waters. The construction may cause some short term increase in water
turbidity around the project.
CAMA Review
The area of the proposed project is classified as Transition in the Dare County LUP. A
full consistency review will follow from Steve Gabriel.
Submitted by: Peter B. Colwell
Date: September 10, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects. b.
1 APPLICANT
C.
a. Name William C. Shoemaker
If you plan to build a marina, also complete and.- wq
attach Form DCM-MP-2.
Is the proposed activity maintenance of an
existing project, new work, or both? AUG Y
New work
,,, ar
Will the project be for community, private, pr
commercial use?
Private
Address P. 0. Box 663
City g U y t n n State
Zip 27920 Day phone [phone]
Y Landowner or Authorized agent
d. Describe the planned use of the project.
This low impact water break will
prnvide the catalist to maintain-.
an Pffective erosion control
program-
b. Project name (if any) Low prof i 1 e breakwater
at Indian Ridge. 4 LANDANDWATER
c. If the applicant is not the landowner, also give the
owner's name and address.
Same
CHARACTERISTICS
a. Size of entire tract 3 Acres
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Indian Ridgp Sound Side Hwy #12
b. City, town, community, or landmark
Buxton N. C. - 3/10 mi west of
C Water Assoc office complex.
c. County Dare County
d. Is proposed work within city limits or planning
jurisdiction? Yes - within fire district
e. Name of body of water nearest project
Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Low profile breakwater
b. Size of individual lot(s)
1.50 Acre X 2
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+ or - 5 Feet
d. Soil type(s) and texture(s) of tract
Medium to fine sand and clay.
e. Vegetation on tract Sparti na Al terni f 1 ora ,
Oaks, Pi nPS -," DocIyand
f. Man-made features now on tract Private Homes
Residential.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
N / AConservation Transitional
N/ADeveloped N A Community
N / ARural N/A Other
h. How is the tract zoned by local government?
I. How are adjacent waters classified?
S/A
j. Has a professional archaeological survey been
carried out for the tract? Nn _ If so, by whom?
N/ A
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
Type and number of buildings, facilities, or
structures proposed N/A

m. Wate?r supply source N/A _
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
b. Number of lots or parcels N A
c. Density (Give the number of residential units and the
units per acre.)_ N/A
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N/A _
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
N/A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?__ ZA
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Other (break-
water, pier,
boat ramp,
rock jetty)
Length Width Depth
2681
Fill placed in
wetland or below
M1IW
j. Have these facilities received state or local approval? Upland fill
nT / A areas
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
do wtt ') • ---N--- A -- --- ---
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A-
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
b. Amount of material to be excavated from below
water level in cubic yards N/A _
c. Type of material N/A d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. Nigh ground excavation, in cubic yards
2 3/91
f. Dimensions of spoil disposal area
None
g. Location of spoil disposal area N / A
h. Do you claim title to the disposal area? N r A
If not, attach a letter granting permission from the
owner.
I. Will a disposal area be available for future
maintenance? None required
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? N/A
1. Amount of fill in cubic yards N / A
m. Type of fill material N/A
n. Source of fill material N/ A
o. Will fill material be placed on marsh or other
wetlands? N/A
p. Dimensions of the Ne11A and to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Trash Pump to be i,sed
to pump pilings & boards
s. Will wetlands be crossed in transporting equipment
to project site? N n If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N / A
b. Average distance waterward of mean high water or
normal water level N/A
c. Shoreline erosion during preceding 12 months, in
feet Varies from 2 t a 4 f_e-e_t_:_-
d. Type of F t i ? g m a t e ri a l T r e a t e d
e. Amount of fill, in cubic yards, to be placed below t
mean high water N / A
f. Type of fill material N I A
DOM a•y
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
instnunent under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
Applicants
Name ILi 1 1 i aides Shnemah
Address P. 0. Box 663
B?ix ton , N. C. 27920
Name -U- nnis E, Wi11iams
Address P. 0. Box 1028
Buxton, North Carolina 27920
(`)19)99.5-- X391
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
pemrittee, and issuing dates.
General Perinit to reel ace a storm
destroyed 50' pier on the Williams
LracL.
A check for $250 made payable to the Department of
Environment , health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
8 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
Thisisthe- 4 thdayof August 19. 93
WILLIAM C. SHOEMAKER
X r] F N 111 I; F
Lan or Authorize a nt
'
this joint effort by Messrs Shoemaker and WiIIiams to construct a
low profile breakwater across their two properties is a dedicated
effort: to control erosion which will remedy the immediate erosion
Irroblem and will provide the c a t a I i s t to procure a long range erosion
,:ont.rol program. I)epending on the results of these breakwater efforts,
a i)ldnl.ing of marsh grasses will be planned for, the future long range
Flans.
Adjacent riparian landowners:
L. L. Browning
5316 Robin Hood Rd.
Winston Sale?n, N.C. 27106
Raymond H. Lewis
P.O. Box 632
St. Augustine, FL. 32085-0632
[phone]
[phone]
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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 No. 199304589
September 24, 1993
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:
Enclosed is the application of Mr. William Shoemaker and Mr. Dennis
Williams for Department of the Army authorization and a State Water Quality
Certification to construct two wooden breakwater structures on Pamlico Sound,
Indian Ridge, 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 November 26, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. David Griffin, District Manager
North Carolina Department of N.C. Division of Coastal Management
Environment, Health and 1367 U.S. Highway 17 South
Natural Resources Elizabeth City, North Carolina 27909
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Please typs or'print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
Ly Dq
If you plan to build a marina, also complete and i1
attach Form DCM-MP-2. l'
Is the proposed activity maintenance of an y
existing project, new work, or both? AUG
New work
oar
Will the project be for community, private, Qr
commercial use?
Private
Describe the planned use of the project.
This lnw impact water hreak will
prnvidp the catalist to maintain.
an effective Prnsion contrnl
prngram_
b.
1 APPLICANT
C.
a. Name William C. Shoemaker
Address P. 0. Box 663
City g u Xt n n State _ N_ C_ d.
Zip 27920 Dayphone 919-995-5665
Y Landowner or Authorized agent
b. Project name (if any) Low profile breakwater
at Indian Ridge. 4 LANDANDWATER
c. If the applicant is not the landowner, also give the
owner's name and address.
Same
2 LOCATION OF PROPOSED
PROJECT
CHARACTERISTICS
a. Size of entire tract 3 Acres
b. Size of individual lot(s)
1.50 Acre X 2
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+ or - 5 Feet
d. Soil type(s) and texture(s) of tract ,
Medium to fine sand and clay.
a. Street address or secondary road number
-Indian Ridge Sound Side Hwy #12
b. City, town, community, or landmark
Buxton N. C. - 3/10 mi west of
Water Assoc office complex.
c. CountyDarP County
d. is proposed work within city limits or planning
jurisdiction? _ Yes - w i t h i n fire d i s t r i c t
e. Name of body of water nearest project
Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Low profile breakwater
3/91
e. Vegetation on tract S p a r t i n a A l t e r n i f l o r a,
Oaks. Props;,-
f. Man-made features now on tract Private Homes
Residential.
g. What Is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
N / A Conservation ! ' Transidonal
N / ADeveloped N A Community
N / ARural N / A Other
h. How is the tract zoned by local government?
S-1
I. How are adjacent waters classified?
S/A
J. Has a professional archaeological survey been
carried out for the tract? Nn If so, by whom?
N/A

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed N/A
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units peracre.)____ , N/A

M. Water supply source N/A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
d. Size of area to be graded or disturbed o
N/A
e. If die proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N/A
g. List the materials, such as mart, paver stone, asphalt,
or concrete, to be used for paved surfaces.
N/A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, Industrial/commercial effluent, "wash
down"). N/A
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(R4LW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
268'
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
2 3/91
f. Dimensions of spoil disposal area
None
g. Location of spoil disposal area N/A
h. Do you claim title to the disposal area? pi4
If not, attach a letter granting permission from the
owner.
I. Will a disposal area be available for future
maintenance? None required
If so, where?
c. Shoreline erosion during preceding 12 months, in
feet Varies from 2 to 4 feet.
d. Type of F9lidklit?g matenal Treated
_
e. Amount of fill, in cubic yards, to be placed below
meanhigh water N/A
f. Type of fill material N / A -
8 ADDITIONAL INFORMATION'
J. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas? N/A ing items must be submitted:
k. Will the fill m terial be placed below mean high
water? N/A
1. Amount of fill in cubic yards N/'A
m. Type of fill material N/A
n. Source of fill material N / A
o. Will fill material be placed on marsh or other
wetlands N /A
p. Dimensions of the Net1A and to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Trash Pump to he usp(i
to pump Pilings & hoard--,
s. Will wetlands be crossed in transporting equipment
to project site? --Ra If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N / A
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).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.
b. Average distance waterward of mean high water or
normal water level N/A
3/91
Applicants
Name W 1 1 i aw C. S hoerustliar
Address P. 0. Box 663
Biixton, lJ. C. 27920
Name Dennis E. Williams
Address P. 0. Box 1028
Buxton, North Carolina 27920
(,)Iq) g 4.5- G? 39I
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
pcrmittee, and issuing dates.
GeneraI Permit to reolace a storm
destroyed 50' pier on the Williams
tract.
A check for $250 made payable to the Department of
Environment , Ilealth, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and hilet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.t3.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described In the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands In connection with evaluating Information related
to this permit application and follow-up monitoring of
project.
Thisisthe 4thdayof August , 19-13
WILLIAM C. SHOEMAKER
X
Lan or Authorize a nt •
,s? .c ,
This joint effort by Messrs Shoemaker and Williams to constriict a
low profile breakwater across their two properties is a dedicated
effort to control erosion which will remedy the immediate erosion
problem and will provide the catalist to procure a long range erosion
control program. Depending on the results of these breakwater efforts,
a ?)IdoI'ing of marsh grasses will be planned for the future long range
plans.
Adjacent riparian landowners:
1,. L. Browning
5316 Robin Hood Rd.
Winston Salem, N.C. 27106
Raymond H. Lewis
P.O. Box 632
St. Augustine, FL. 32085-0632
[phone]
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[phone]
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DIVISION OF COASTAL MANAGEMEN'T'
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William Shoemaker and Dennis Williams
"l381y
2. LOCATION OF PROJECT SITE: Off NC 12 in Indian Ridge Subdivision, Buxton, Dare County
Photo Index - 1989: 201-8, J-12 1984: 145-390, K-7
State Plane Coordinates - X: 3021200 Y: 567500
3. INVESTIGATION TYPE: CAMA H
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/29/93 9/9/93 s'

Was Applicant Present - Yes Yes Lin
E?2D
N
5. PRO CESSING PROCEDURE: Application Received Complete - 8/31/93 @e> r-1-
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Single family septic system
Planned - None
(F) Type of Structures: Existing - Single family homes with out-buildings
Planned - 268 feet of wooden breakwater
(G) Estimated Annual Rate of Erosion: 2 - 4 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Bottom
(C) Other
134 square feet
(D) Total Area Disturbed: 134 square feet
(F.) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJF,CT SUMMARY: Applicants propose to construct 268 feet of wooden breakwater 15 - 40 feet
offshore. The breakwater will continue an existing breakwater line from the property to the east and
will be constructed of three overlapping sections with 15 foot gaps between sections.
Shoemaker/Williams
Bio Report
Page Two
Site Description
The applicants currently own two developed 1.5 acre lots on Pamlico Sound in the Indian
Ridge Subdivision off NC 12 west of Buxton. The majority of both properties consist of upland
maritime forest dominated by live oaks ( uercus vir ing iana) and loblolly pine Pinus teada).
The two residences are tucked neatly within the forest with very little clearing. The forest
grades into a yaupon I( lex vomitoria) thicket, marsh elder frutescens), and then into coastal
wetlands along the scalloped shoreline. The coastal marsh is dominated by salt meadow hay
( artina patens), salt grass (Distichlis spicata), sea oxeye (Borrichia frutescens), and salt marsh
cordgrass (S artina alterniflora) at the waters edge. The adjacent Pamlico Sound is classified
as SA waters, closed to shellfishing. There are scattered areas of submerged aquatic vegetation
offshore.
Along much of the shoreline, erosion is undercutting the marsh edge. In an effort to
prevent further erosion Mr. Lou Browning, to the east, has constructed 100 feet of wooden
breakwater in conjunction with the UNC Sea Grant Study. Mr. Shoemaker and Mr. Williams
wish to continue this effort by constructing a similar breakwater structure in front of the marsh
on their properties. Mr. Browning has indicated that he will apply to extend his breakwater to
the Shoemaker property line.
The Shoemaker/Williams proposed 268 feet of wooden breakwater would begin near the
Browning/Shoemaker property line with an 8 foot section approximately 35 feet offshore. A 120
foot section would be set 15 feet landward, overlapping the first section, and extending across
Shoemaker's property. A 20 foot section will then angle landward into a cove. Another 15 foot
gap will be left open at the Shoemaker/Williams property line. The remaining 120 foot section
will extend across Williams property at a maximum distance of 40 feet offshore (because of the
cove) and end approximately 15 feet from the marsh on the other side of the cove. The
breakwater is to be constructed with 1/8 inch gaps between 2" x 6" treated sheathing boards and
will extend in height one foot above the mean high water elevation.
Anticipated Impacts
The construction of the breakwater will fill approximately 134 square feet of shallow
water habitat along its alignment. The gaps between breakwater sections and between the
sheathing boards should provide adequate water exchange behind the structures and allow access
to all public trust waters. The construction may cause some short terra increase in water
turbidity around the project.
CAMA Review
The area of the proposed project is classified as Transition in the Dare County LUP. A
full consistency review will follow from Steve Gabriel.
Submitted by: Peter A. Colwell
Date: September 10, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name William C. Shoemaker
If you plan to build a marina, also complete and- tl
attach Form DCM-MP-2. 1
Is the proposed activity maintenance of an
existing project, new work, or both?
New work
t ?,..r•• a"Y
b
c. Will the project be for commumty, pnva e, yr
commercial use?
Private
Address P. 0. Box 663
City g u Y t n n State
Zip 27920 Day phone [phone]
x Landowner or Authorized agent
b. Project name (if any) Low prof i 1 e breakwater
at Indian Ridge.
c. If the applicant is not the landowner, also give the
owner's name and address.
Same
d. Describe the planned use of the project.
This low impact water break will
provide the cataIist to maintain.
an effective Pros ion control
prnrlram
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 3 Ac r
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Indian RidgP Sound S i d P Hwy /E12
b. City, town, community, or landmark
Buxton, N. C. - 3/10 mi west of
CH Water Assoc office complex.
c. County Dare Cnnnt y
d. Is proposed work within city limits or planning
jurisdiction? Y e s - w i t h i n f i r e d i s t r i c t
e. Name of body of water nearest project
Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Low Rrof i 1 e breakwater
b. Size of individual lot(s) 1.50 Acre X 2
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
+ or - 5 Feet
d. Soil type(s) and texture(s) of tract
Medium to fine sand and clay.
e. Vegetation on tract S p a r t i n a A l t e r n i f l o r a,
Oaks. PinPS n wnnd
f. Man-made features now on tract P r i v a to Home s
Residential.
g. What is the CANIA Land Use Plan Classification of
the site? (Consult the local land use plan.)
N / AConserv ad on __y F Transitional
N / ADeveloped N i A Community
N / ARural N A Other
h. How is the tract zoned by local government?
S _1 -
i. How are adjacent waters classified?
S/A
j. Has a professional archaeological survey been
carried out for the tract? N n If so, by whom?
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed N/A
b. Number of lots or parcels NLA
c. Density (Give the number of residential units and the
units per acre.)__ S1LA
d. Size of area to be graded or disturbed
---- -.NLA--- --
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources'? 141A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Ii. If applicable, has a stortnwater management plan
been submitted to the Division of Environmental
Management'?__.r?L? -----___--
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
---------- ILL A.----------- -----
j. Have these facilities received state or local approval?
- --- L L A_ -----------
k. Describe existing treatment facilities.
N/A
I Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
\kastewater, industrial/commercial effluent, "wash
down"). - N/A-

M. Water supply source N/A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Leneth Width Depth
Access channel
(Nll,W) or (NWL.)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards __ Nl A_ _
c. 'T'ype of material ---_-___-N[ A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
----- NL -?
e. High ground excavation, in cubic yards
H/A
2 3NI
f. Dimensions of spoil disposal area
None
g. Location of spoil disposal area
h. Do you claim title to the disposal area? n1 T A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? None required
If so, where?
c. Shoreline erosion during preceding 12 months, in
feet Varies from 2 to 4 feet.
d. Type of WCl? maters al T r P a t P ri
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type o f fi ll material N A
ari
8 ADDITIONAL INFORMATION"
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas?
_N/A ing items must be submitted:
k. Will the fill material be placed below mean high
water? N / A
1. Amount of fill in cubic yards Ni /A
m. Type of fill material N/A
n. Source of fill material _ N / A
o. Will fill material be placed on marsh or other
wetlands? N / A
p. Dimensions of the wetland d to be filled
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Trash Pump to be used
to pump pilings & board-
s. Will wetlands be crossed in transporting equipment
to project site? _N n If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N / A
b. Average distance waterward of mean high water or
normal water level NSA
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable on] v 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
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91
W Applicants
Name 1Li11 i ar,r C Shnernake
Address P, 0. B,rx 663
Buxton, N. C. 27920
Name )eimis E. WiIIiams
Address P. 0-. Box 1 028
Buxton, North Carolina 27920
(,119) 995 6, 3?1
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
GeiieraI Permit to replace a storm
destroyed 50' pier on the WiIIiams
Lr ac1-.
A check for $250 made payable to the Department of
Environment , liealth, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to tWs permit application and follow-up monitoring of
project.
This is the 4tlyday of August 19_9
11 I I-L I AH C. SI10E1`1AKE R
X HFNNIS F 1411 1 1
r or Authorize a nt
Lan
dawne, _A
I h i s joint effort, by Piessrs Shoemaker aii d WiIIiain s to construct a
low profile hreaki.iater across their taro properties is a dedicated
effor t to control erosion ?frhich 011 remedy the immediate erosion
prnhle(n and r-rill provide the catalist to procime a long rangr, erosinii
n)tr(jl pinyrar:r. Pependirry on the results of these hreak,,iater efforts,
1 rrl and i u(l of marsh grasses rri 1 1 he pI armed for, the futiive 1 ong rangf,
pl'rn;.
Adjacent riparian landowners:
L. 1,. Browrrincd
5316 Robin Hood Rd.
llinsLon Salem, N.C. 27106
Raymond It. Lewis
P.O. Box 632
St. Augustine, FL. 320I315-0632
( 91 9 ) 92,1-- 2r,5.1
4
( 901 ) 829-2780
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 1, 1993
Regulatory Branch
Action ID No. 199304589 and State Permit No. 120-93
Mr. William Shoemaker
and Mr. Dennis Williams
Post Office Box 663
Buxton, North Carolina 27920
Dear Messrs. Shoemaker and Williams:
Reference your application for a Department of the Army permit to
construct two wooden breakwater structures on Pamlico Sound, Indian Ridge,
Buxton, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
~1WE=11 ???f.? .
WF1Tflt Oilf
G. Wayne Wright --
Chief, Regulatory Branch
Enclosure
.
-2-
Copies Furnished with enclosure:
N-John Dorney
/Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
d(t William C. Shoemaker
Fta S i Soo 2 OWNER: Deruii s E Will i ams
«tuYt ro•o 1 s ?•.c?5,' Du: on... APPLICANT: M.gri?F I i
• I 1 ?c.?.,,,^1 •. - -' DATE: ?4.4 3
'"."•??•? p LOCATION: A?,?K Pamlico say
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 30, 1993
Regulatory Branch
Action ID No. 199304589
Mr. William Shoemaker
and Mr. Dennis Williams
Post Office Box 663
Buxton, North Carolina 27920
Dear Messrs. Shoemaker and Williams:
;UETI nlt lc,
Reference your application for Department of the Army (DA) authorization
to construct two wooden breakwater structures on Pamlico Sound, Indian Ridge,
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
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by December 30, 1993. Also, a
-2-
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Raleigh
Bland, Washington Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
'Mr• John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909