19950392 Ver 1_COMPLETE FILE_19950420

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ID FE F=1
May 11, 1995
Dare County
DEM Project # 95392
APPROVAL of 401 Water Quality Certification
Mr. Doug Hinson
P. O. Box 1268
Kill Devil Hills, N.C. 27948
FILE COPY
Dear Mr. Hinson:
You have our approval to place fill material in 400 square feet of wetlands or waters for the
purpose of installing a bulkhead at Lot 89, Hatteras Colony, as you described in your application dated
10 April 1995. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2733. This certification allows you to use Nationwide Permit
Number 13 or its equivalent when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ton o , Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
John Parker; DCM
P.O. Box 29535, Rdeigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
95392.1tr
Telephone [phone] FAX [phone]
50% recycled/ 1096 post-consumer paper
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
OF-IT) x 9s39a
e??
DEHNR
WASH N T NEOFFICE
APR 10 1995
April 7, 1995
D.Ek
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management FILE COP
r
FROM: John R. Parker, Jr. 1,
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Doug Hinson
Project Location: Lot 89, Sec 3, Hatteras Colony, Amberjack Court, Avon, Dare County,
man-made canal off Pamlico Sound
Proposed Project: To construct 55 feet of wooden bulkhead an average of 4 feet
waterward of the normal water level and construct a 10' by 20' pier.
The bulkhead and its associated backf ill will fill approximately 400
square feet of coastal wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 28, 1995. If you have any questions regarding the proposed
project, please contact David Griffin at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY
Signed
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Date (?-/? h
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity, Affrmative Action Employer 50% recycled/ 10% post-consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Doug Hinson
2. LOCATION OF PROJECT SITE: Lot 89, Sec 3, Hatteras Colony, Ambedack Court, Avon, Dare
County, Man-made Canal off Pamlico Sound.
Photo Index - 1989: 202-7: N9 1984: 144-398: L17, M17
State Plane Coordinates - X: 3041600 Y: 605500
3. INVESTIGATION TYPE: CAMA/D & F EC---'
µ
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/4/95 E APR
Was Applicant Present - Represented
5. PROCESSING PROCEDURE: Application Received - 4/4/95
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank & Drain Field
Planned - None
(F) Type of Structures: Existing - Single Family Residential Structure
Planned - Bulkhead, Pier
(G) Estimated Annual Rate of Erosion: 2'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands Coastal Wetlands
400 ftz
(B) Non-Vegetated Wetlands Shallow Water Habitat
Shaded by Pier
200 ft'
(C) Other
(D) Total Area Disturbed: 600 ftz (0.01 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 55 feet of wooden bulkhead an average
of 4 waterward of the normal water level and construct a 10' by 20' pier. The bulkhead and its
associated backfill will fill approximately 400 ft2 of coastal wetlands.
Doug Hinson
Field Report
Page 2
SITE DESCRIPTION
The applicant owns a 0.2 acre tract of property described as Lot 89, Sec 3, Hatteras
Colony, located atiie western end of Amberjack Court in Avon, Dare County. The western
edge of the property is formed by Mill Creek which was extensively altered during the
dredge & fill project which created Hatteras Colony. The property fronts on this man-
impacted creek/canal for a distance of 55 feet. The creek is approximately 100 feet across in
the vicinity of the applicant's property. The elevation of the property averages
approximately 2 feet above mean sea level. A band of coastal wetlands exists along the
shoreline of the property ranging from 2' wide to 10' wide (average coastal wetland width =
7 feet). High pedestrian use of this shoreline by windsurfers has eroded the shoreline and
has severely impacted the coastal wetlands. Only short stubbles of Spartina altemiflora are
visible in the wetland area. The property to the north has recently been bulkheaded, with the
bulkhead being constructed landward of the coastal wetlands along its shoreline. The
property to the south is not bulkheaded. The applicant has recently constructed a single-
family residential structure on the property as depicted on the plat.
DEVELOPMENT PROPOSAL
The applicant desires to construct 55 feet of wooden bulkhead on a straight alignment
from the corner of the bulkhead on the north side of the property to the concrete property
line marker on the south side of the property. This location would place the bulkhead an
average of 4 feet waterward of the normal water level of the man-impacted creek/canal and
waterward of the band of impacted coastal wetlands along the shoreline. Once the bulkhead
is constucted, the applicant proposes to fill the wetlands and the shoreline landward of the
bulkhead. The applicant also proposes to construct a 10' wide pier extending 20 feet into the
creek/canal from his proposed bulkhead.
ANTICIPATED IMPACTS
Approximately 400 ftz of impacted Spartina alterniflora coastal wetlands would be
filled and lost. Some short-termed increases in turbidity would result from the installation of
the bulkhead and the pier.
CAMA REVIEW
The Dare County Land Use Plan review and consistency determination will be
conducted and forwarded under separate cover by Steve Gabriel.
Submitted By: David R. Griffin
Date: April 5, 1995
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 Lou -, W/LSO
Address _P lO rc /A a
City0f0f0l ft45 State AlC
Zip 279 V 8 Day phone _ If t??`7 ?G 3 ?9rQ?
Landowner or Authorized agent
If you plan to build a marft,`Mo co
attach Form DCM-MP-2: -"------ ---_n
-
b. Is the proposed activity maintenance of an
existing project, new work, or both?
tig W
c. Will the project be for community, private, or
commergial use?
.Orr Ja
d. Describe the plann d use of the project.
s fo' I ' s-1Ld rE 1r`,c dinck ?c•?
b. Project name (if any) IVo AJ C-
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract °
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic 3eitical Datum
-
d. Soil type(s) and texture(s) of tract
sa-ul) y LVA-An
a. Street address or secondary ad number
l,"J)cr'1aC(c Cao rT
b. Cit?yy, town, community, or landmark
__f4i/o0
c. County D a ?'
d. Is proposed work within city limits or planning
jurisdiction? la K ti i c
e. Name of dy of water nearest project
Pa Wt Cd Say;uC
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, buildin a home, motel, marina, bulkhead,
or pier). 3 v tt F-ac{? boa f 46c (c
e. Vegetation on tra t y ties la w,v g ,rQ SS
w OW a N? -U,#-) S ?^l.
f. Man-made features now on tract d(Jrc1/; "t5
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R- I
i. How are adjacent waters classified?
j. Hasa professional archaeological survey been
carried out for the tract? N d If so, by whom?
l o,
P/A
5 UPLAND DEVELOPMENI?
i Ul
Complete this section if the project includes y
development.
r 4 1995
a. Type and number of buildings, faciliti t_=,V1 nu LjJW%M supply source
?--?
strocturesproposed ...... --.............
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
b. Number of lots or parcels public beach accessways or provide new access.
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acne 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?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management9
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MI.W) or WWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
2 3/91
f. Dimensions of spoil disposal area g. Location of spoil disposal area€ APR 4 19nti ?id
h. Do you claim title to the dispos&14wa2.__ ___
If not, attach a letter granting permission from the
owner. f.
i.
Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
i
a. Length of bulkhead or riprap 55
Shoreline erosion duripg preceding 12 months, in
feet a
Type of bulkhead material S hij- T-?- e-A-TfZ WOO
Amount of fill, in cubic yards, to be placed below
mean high water / `Z
Type of fill material - 1)
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A 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 ?f
i
Name d \
Address ?o
0 S
Name ,CUWC'v4 o-? v e\
Address /',toeh-4 C'
??.. D S l
U'r
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
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 this permit application and follow-up monitoring of
project.
This is the L q day o 6 ??f , 19 95
X "-' ? A,?C
Landowner orAUthorized agent
e
APR

4
3/'91
.;t. t

? as a

r °
[,f SOY
9?. tlHaaaD SN
s soUNbs'o
411
Ki .
?o

'Asv

t,

z

EA

DE
OTTER POND POlNr
K
M

P P

TE N 3
R ?^ p i
Wild NOAV
AV 3M ?W
4 'AV AV ^c? 9L C
1 S) ?d a
N?
air
?, C a M Nf1tl?11Nd Z Z
'1'lIL d M
Nns
34
tiardoa? I
ARSOR
• _,p NJ
i?'',

-41 14 1
O -----
J 4_
. Q
g
? I
~? NS?? 9y,
y

tli?tlNds E K
g'G
»?iytl
M 00?d M
N ? b17 ld ,.
?Q wv
?
?w.wN.
:.
C9

tlN
-A dye
,
511Xd
' 8?
?
na
ap?
v.
tiad;` 01
a 1g?5?3 NO _
n ?rzOZn
? Y p S

_vxi ?. ?Rpnb?°
"" 0?? ZE m

1
I---
Q

o

G ?
f
1 D

\4? I i.ri?
_ y
Q
a
O
Q
2 -
u
? s 4
• ? N 2 t ?.A
v 4 a
v r: ? X
Y' ~1yl i
I Y N ?

m
N b'
-. I
w "MV!
l r-?
S
{{ APE
G73--

21
- ---------- --
_...,.__- _ - ---_ ?, . _.._... __.., ... _.. ._. _ .. ,... - -- .. _.. _._.,. _.._.LL __. _...? . _._.___....__ . _ _
.
,2,5 ??c-
Mme,- MBE . CA-'o
a
PIS ??
tj ? _ .

r-`,' - I" _
'DAY OF
MboR,.a? A?IN6 s ?4J
PRVPDCe?.O ?. C.
Il i.IAlvt s r
kit I STI ?J • • 5!j'!,'
T 'T
_'_1?i1iL
ExISr. l
IRON
p f PE
tJ
;l(1
L
LOT
Ie.
87
6.67
?I
ul
LOT
90
wE
1 9`VEf?SN
ALaAG.
AµO£R,..
q&5 C 1,
I T F W
v/c/r
n