19951113 Ver 1_COMPLETE FILE_19950118

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
1®?RA1Dm1A[
TO:
FROM:
SUBJECT:
Oct ber 6, 1995
1
`1511 ?3
a W-A
ID EHNR
OCT 1719%
E*W*0& rAL SCIENMS
RECEIVED
Mr. A. Preston Howard, Director
Applicant: Karl Cubler
rp
WASHINGTON OFt-ICE F
OCT 131995
06Lm
Project Location: Lot 8 Blk 6 Sec 1 aro Jean Quite Creek in Martin's Point, Southern
Shores, Dare County djacent Creek Road (SR 4026)
Proposed Project: A 100' bulkhead an verage of 5.76' waterward of NWL, a 4' x 40'
pier, an 8' x 8' ga ebo, (2) 4' x 32• bi-level platforms, and (2)
mooring pilings in an Quite Creek.
Please indicate below your agency's po ition or viewpoint on the proposed project and
return this form by October 27, 1995. f you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is reque ted.
REPLY This agency has no o jection to the project as proposed.
This agency has no c t on the proposed project.
This agency approves.of the project only if the recommended changes
are incorporated. ft e attached.
This agency objects to the project for reasons described in the
attached comments. p
Signed Date
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing rdinator
CAMA/DREDQB & FILL Permit lication Review
1367 US. 17 Soulh. Ebabeih CNV. North C =01W 27909 eptione 919.264~3901 FAX [phone]
An Equal oppodurft At&ffK lve Action Employer racVded/ 10% Post-consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Karl Cubler
2. LOCATION OF PROJECT SITE: Lot 8 Block 6 Section 1 and Jean Guite Creek in Martin's Point,
Southern Shores, Dare County, adjacent to Creek Road (SR 4026)
Photo Index - 1989: 1-44:4 J 13 & 14 1984: 137-491 E 516
State Plane Coordinates - X: 2961525 Y: 874200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/28/95
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 10/02/95
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Southern Shores
Land Classification From LUP - Conservation I
(B) AEC(s) Involved: PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing - Dwelling, driveway & septic system
Planned - Bulkhead, pier, gazebo & 2 mooring pilings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED C)TT4PP
(A) Vegetated Wetlands
(B) High Ground Activity 840 sq. ft. 2,000 sq. ft.
(C) Other
Shallow water habitat
576 sq. ft. (Shaded)
480 sq. ft.
(D) Total Area Disturbed: 3,896 sq. ft. (.089 acre)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a 100' bulkhead an average of 5.76'
waterward of the NWL, a 4'x 40' pier, an 8'x 8' gazebo, (2) 4'x 32' bi-level platforms, and (2)
mooring pilings in Jean Guite Creek.
Karl Cubler
Bio Report
Page 2
Site Description
The applicant, Karl Cubler, owns a 22,309 square foot lot on Creek Road (SR 4029) in Dare
County, more specifically described as being Lot 8, Block 6, Section 1 of Martin's Point on
Jean Guite Creek in Southern Shores. Currently located on the property is a two story single
family dwelling on pilings and a septic tank. The property is 100' wide and forms a high
bank along the shoreline with a severe slope. The crest of the existing bank rises
approximately 13' above the normal water line (NWL). The average elevation of the
property is 4.6' above Base Flood Elevation (BFE). The area where the proposed bulkhead
and backfill will be placed is designated on the Flood Insurance Rate Map (FIRM) as AE
with an elevation of 8'.
Field investigation of the applicants property revealed evidence of submerged aquatic
vegetation (SAV's) adjacent to the property in the area of proposed activity. Eurasian Water-
milfoil (Myriophyllum spicatum) was sighted in three small patches covering an area totaling
four (4) square feet. Located waterward of the bulkhead alignment is a small cluster of black
needlerush uncus roemerianus). Vegetation landward of NWL consists of a variety of trees
such as Common Oak ( uercus robur), Persimmon Dios ros vir ing iana), Pecan (Cary
a
illinoiensis) and Loblolly Pine Pinus taeda). Low vegetation found along the bank and yard
includes, but is not limited to, domestic grasses, Prickly Pear Cactus (Opunti compressa),
Beggertick Bidens vu_ lg_ata), and Common Greenbriar (Smilax rotundifolia).
Proposed Development
The applicant would like to construct a bulkhead, pier and platform along Jean Guite Creek.
The bulkhead, as proposed, will be placed a maximum of 9' and an average of 5.76'
waterward of the NWL. Sand along the high bank on the applicants lot will be used as
backfill in order to reduce the slope leading to the existing shoreline. The area of high
ground that will be disturbed by back filling will be approximately 2,000 square feet (100'x
20'). The average depth of fill along the slope of the shoreline (landward of the NWL) will
be 2.8' and averages 3' in width and 100' long. The average depth waterward of the
shoreline, measured from the proposed finished grade to the NWL is 4.5', with an average
width of 5.76' and 100' long (figures shown on work sheet #3). Shallow water habitat to be
filled is 576 square feet (100'x 5.76') and currently contains patchy areas of SAV's as noted
above. Fill behind the proposed bulkhead will equal approximately 135.5 cubic yards. The
proposed alignment will tie into existing bulkheads located on either side of the applicants
property.
A 4' pier will extend 40' into the bay, perpendicular to the shore, and will terminate at a 64
square foot gazebo. A bi-level platform consisting of (2) 4'x 32' sections will extend from
the gazebo and run parallel to the shoreline forming an "L". The two platforms will be
separated by a 2' step down. A total of 480 square feet of shallow water habitat will be
Karl Cubler
Bio Report
Page 3
shaded by the pier, gazebo and platform. A single boat slip will be established by the
placement of (2) mooring pilings that will be placed 17' apart along the east side of the
gazebo.
Anticipated Impacts
The proposed pier, gazebo and platform will shade 480 square feet of shallow water habitat
including SAV habitat within a primary nursery. Approximately 576 square feet of shallow
water habitat will be filled and will result in the destruction of approximately 4 square feet of
Eurasian Water-milfoil. A small cluster of black needlerush located approximately 3' from
the proposed bulkhead alignment should not be affected by the project.
Proper measurements will be necessary to stabilize the finished slope above the proposed
bulkhead in order to prevent erosion. Some short term turbidity can be anticipated during
construction of the bulkhead and the pier, gazebo and platform.
CAMA Review and Consistency
Jean Guite Creek is classified as "inland" waters by the Wildlife Resource Commission and
marine Fisheries, and is classified as public trust water (PT) by the Division of Coastal
management. Water quality is classified as "SC" by the Division of Environmental
Management and is closed to shellfishing. Jean Guite Creek is also designated as a primary
nursery by the Division of Marine Fisheries.
Review of available information and the field investigation indicate that no unique remnant
species, geologic formations or archeological sites are known to be involved with the
property in question.
The Southern Shores Land Use Plan classifies Public Trust Waters as "Conservation I" and
the high ground area is classified as "Developed". Development in the Conservation I class
allows uses permitted in the "Town Zoning Ordinance" when combined with CAMA
regulations. The Developed class refers to subdivided areas which have some urban services,
such as water, roads, and utilities. Development in or along estuarine waters, estuarine
shorelines and public trust waters shall be limited by Southern Shores' Zoning Ordinance in
compliance with the Coastal Area Management Act and Corps of Engineer's regulations (Pg.
10). It is the policy of Southern Shores that shoreline erosion control projects be supported
only where no significant adverse impacts will occur to shoreline dynamics and significant
economic or recreational benefits accrue to the residents of the community.
Submitted By: Lynn W. Mathis
Date: October 6, 1995
Form DCM-MP-1
APPLICATION,
(To be completed by all applicants)
b. C1 .q, town, co unity or landmark
14- rrr\/
1. APPLICANT -
I
a. Landowner-
Name
Address ?a Cic?"r 1? FED ,
City //Ir'/ I ///it"''l- State C
Zip P-7 1 LI I Day Phone Col - ?' a
Fax 9cc/- /Zo/
b. Authorized Agent:
Name S c- GvSTaM -13ol Lo crz s
Address x 1713 /,I, City 1 ! 1T-'.r 1^?I State A-1 C
c. Street address or secondar?+ road number
Oa1 CI?CEC. I;' F>
d. Is proposed work within city limits or planning
jurisdiction? - X_ Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) "Efl?-t (-")Urrt C?CLK-
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Q 01
Zip 7 t/ ° Day Phone ) (o 1 --"S v
Fax o';?& (- /LO/
c. Project name (if any) 0, ELL-`
N07E. Pernue will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pei & LE
b. Is the proposed activity maintenance of an existing
project, new work, or both? tie L) wo(14
c. Will the project be for public, private or commercial
use? W-I dATC
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. nR.ry? m? vcc - <1_L' A2cN
Revised 03/95
'
'
tom
Form DCM-MP-1
r ,
c" F. , tl ( r..7
-,m: Desc ib existing wastewater treatment facilities.
4. LAND AND WATER
... - - - - - - -- -- - - ------ ---- ---
CHARACTERISTICS
fi
a. Size of entire tract - 228"00
b. Size of individual lot(s) 5AM
c. Approximate elevation of tract above MHW or
NWL L1. S 1 As 0=4- &-ffPr-4,r) c'09
d. Soil type(s) and texture(s) of tract
S A'N b
e. Vegetation on tract LA-nir a
f. Man-made features now on tract __( n)_5t [p
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effl ent, "wash
down" and residential discharges.)
o. Describe existing drinking water supply source
hAc?? CrtiJl rr'
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
. Conservation Transitional
_ Developed (q(AN?)) Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance cerrifieate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes _ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or ligible property?
Yes No
1. Are there wetlands on the site? 4-L Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? _)La
(Anach documentation, if available)
In addition to the completed application form, the
following 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 properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 an
adequate number of 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
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name AVID i Itiar ;,orriz-
Address L4 t-a a C Rt-r1_ ie G .
Phone _ WOi aw - l 34 o
Name T 14" ?M `r Uj L-1, -I
Address (I I VI uyt /ht rr 164, ZYu,?tc, Un )ol c0?_
Phone 70,-yoy-aa2-1
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
UWK
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure,of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

6. C MCATION ` . PERMISSION
TO' ENTER ON LAND
I understand that 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
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I 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 the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of
Print Name Cvf'
Signature
landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
RevLwd 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Fbal
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

FE405-1 wl*m?
aC-f-2,
----------------------------
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards NONE
b. Type of material to be excavated A
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic ve etation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
?I- nwElZ c.XI Sri U6,
3ERM 1="o P_ (9J ne/r-r-,ct J
2. DISPOSAL OF EXCAVATED
MATERIAL a f f.
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCNI-NIP-2
e. Does the disposal area include any coastal ?v lands- ;?; If yes,;
(marsh), SAVs or other wetlands?? Amount of material to be placed in the
Yes No water Z CIU%k C &us
_(2)_ Dimensions of fill area (nX R S'X 3
f. Does the disposal include any area in the watei7, - - 02 S GV 1'LI c p_pS
Yes No (3) Purpose of fill 'mac r? Flu TSu NCAr1
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length g-5- 1 `P(-QS ILU-mv, tS rix? t?^t P
c. Average distance waterward of MHW or NWL
S r?=r
d. Maximum distance waterward of MHW or NWL
S,-s- .:kg-- Cf I
e. Shoreline erosion during preceding 12 months
" L'rIC
(Source of information) `+71rCPt'F r l tN'n1r i (1; -
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? _B()cIZNCY?o
f. Type of bulkhead or riprap material S1t.i
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap Nlri
(2) Bulkhead backfill I a Cozrc yofy
h. Type of fill material 'Z, 1o
i. Source of fill material _ ??IS?irJfy Tky-*-
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr5ssed in transporting equipment
to project site? Yes 7-, No
If yes, explain steps that will be taken to lessen
environmental impacts.
If yes,
(1) Dimensions of fill area _
(2) Purpose of fill
-11""6, C'JS L OL-
Applic:?t #r Project Name
G pi n. _
Signature
a. Will fill material be brought to site?
Yes X No Date
"Fvst, Qyls-rr/f, 'Vt'Rr' Powr(

Revised 03/95
Form DCM-MP 4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
{{
Mooring buoys 1?1?A
(1) _ Commercial -Community - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
e.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community A Private
(2) Number b /J E
(3) Length y/c1GLlJQG Ff'c??ztr3i?(q)
(4) Width It ' (5)
(5) Finger Piers Yes _, No
(i) Number
(ii) Length f,
(iii) Width
(6) Platform(s) Yes No
(i) Number o N E
(ii) Length 44' /llcc e-S
(iii) Width 15 t f?` X?' GA2
(7) Number of slips proposed QME g,
(8) Proximity of structure to adjacent riparian
property lines -r / 0 ? Z • r
(9) Width of water body t Roo -F.
(10) Water depth at waterward end of pier at
Iv LAW or NWL 3.S
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
d.
Groin (e.g. wood, sheetpile, etc.) NM
(1) Number
(2) Length(s)
Breakwater (e.g.
(1) Length
(2) Average
wetlands _
(3) Maximum
wetlands
wood, sheetpile, etc.) NIA
distance from MHW, NWL or
distance beyond MHW, NWL or
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
Mooring structure (boatlift, mooring pilings, etc.)
(1) - Commercial -Community L Private
(2) Number 0 QE- S L I P L.2- f l'. I l ?S)
'
(3) Length 30
(4) Width /7/
Other (Give complete description)
'Z"? C"',
Applicant t"ject Nine ?.-
Signature
Date
Revised 03/95

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LOT 18
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REVISED 12-14-93 . . . FOUWDATION LOCATION
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62715(
1, MARTIN L JOYCE QfRij THA T THIS
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EOP
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LOT 19 LOT 20
BLOCK 5
LEGEND
EIRO - EXISTING IRON ROD
& - CABLETELEVISION PEDESTAL
ECM 0 - EXISTING CONCRETE MONUMENT
- TELEPHONE PEDESTAL
13 - WATER METER
iota SURVEY FOR:
9-21-93
R7T6.-
91-93C KARL D. CUBLER
MAU
1"-50'
Imur- LOT 8, BLOCK 6-, SECTION 1
Mid
me=. MARTIN'S POINT
mij
A TLAN TIC TOWSHIP JDARE COUNTY I NORTH CAROLINA
Idownih, .900000h,
Bissell Professional Group
4417 North Croatan Howay
P.O. Box 1058
81 Kitty Hawk, North Carolina 27949
[phone] or 261-3266
FAX (919) 281-`1760
Englneer%/Plannem. Surveyors
and Envirmmental Specialists

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Karl Cubler
2. LOCATION OF PROJECT SITE: Lot 8 Block 6 Section 1 and Jean Guite Creek in Martin's Point,
Southern Shores, Dare County, adjacent to Creek Road (SR 4026)
Photo Index - 1989: 1-44:4 J 13 & 14 1984: 137-491 E 516
State Plane Coordinates - X: 2961525 Y: 874200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/28/95 t (?; r o Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 10/02/95 1 3
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Southern Shores
Land Classification From LUP - Conservation I
(B) AEC(s) Involved: PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing - Dwelling, driveway & septic system
Planned - Bulkhead, pier, gazebo & 2 mooring pilings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTUR.R
(A) Vegetated Wetlands
(B) High Ground Activity 840 sq. ft. 2,000 sq. ft.
(C) Other
Shallow water habitat
576 sq. ft. (Shaded)
480 sq. ft.
(D) Total Area Disturbed: 3,896 sq. ft. (.089 acre)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a 100' bulkhead an average of 5.76'
waterward of the NWL, a 4'x 40' pier, an 8'x 8' gazebo, (2) 4'x 32' bi-level platforms, and (2)
mooring pilings in Jean Guite Creek.
Karl Cubler
Bio Report
Page 2
Site Description
The applicant, Karl Cubler, owns a 22,309 square foot lot on Creek Road (SR 4029) in Dare
County, more specifically described as being Lot 8, Block 6, Section 1 of Martin's Point on
Jean Guite Creek in Southern Shores. Currently located on the property is a two story single
family dwelling on pilings and a septic tank. The property is 100' wide and forms a high
bank along the shoreline with a severe slope. The crest of the existing bank rises
approximately 13' above the normal water line (NWL). The average elevation of the
property is 4.6' above Base Flood Elevation (BFE). The area where the proposed bulkhead
and backfill will be placed is designated on the Flood Insurance Rate Map (FIRM) as AE
with an elevation of 8'.
Field investigation of the applicants property revealed evidence of submerged aquatic
vegetation (SAV's) adjacent to the property in the area of proposed activity. Eurasian Water-
milfoil (M,yriophyllum spicatum) was sighted in three small patches covering an area totaling
four (4) square feet. Located waterward of the bulkhead alignment is a small cluster of black
needlerush uncus roemerianus). Vegetation landward of NWL consists of a variety of trees
such as Common Oak ( uer us robur), Persimmon Dios ro vir iniana), Pecan (Cary
illinoiensis) and Loblolly Pine Pinus taeda). Low vegetation found along the bank and yard
includes, but is not limited to, domestic grasses, Prickly Pear Cactus O unti com r ssa ,
Beggertick Biden vulgates), and Common Greenbriar (Smilax rotundifolia).
Proposed Development
The applicant would like to construct a bulkhead, pier and platform along Jean Guite Creek.
The bulkhead, as proposed, will be placed a maximum of 9' and an average of 5.76'
waterward of the NWL. Sand along the high bank on the applicants lot will be used as
backfill in order to reduce the slope leading to the existing shoreline. The area of high
ground that will be disturbed by back filling will be approximately 2,000 square feet (100'x
20'). The average depth of fill along the slope of the shoreline (landward of the NWL) will
be 2.8' and averages 3' in width and 100' long. The average depth waterward of the
shoreline, measured from the proposed finished grade to the NWL is 4.5', with an average
width of 5.76' and 100' long (figures shown on work sheet #3). Shallow water habitat to be
filled is 576 square feet (100'x 5.76') and currently contains patchy areas of SAV's as noted
above. Fill behind the proposed bulkhead will equal approximately 135.5 cubic yards. The
proposed alignment will tie into existing bulkheads located on either side of the applicants
property.
A 4' pier will extend 40' into the bay, perpendicular to the shore, and will terminate at a 64
square foot gazebo. A bi-level platform consisting of (2) 4'x 32' sections will extend from
the gazebo and run parallel to the shoreline forming an "L". The two platforms will be
separated by a 2' step down. A total of 480 square feet of shallow water habitat will be
Karl Cubler
Bio Report
Page 3
shaded by the pier, gazebo and platform. A single boat slip will be established by the
placement of (2) mooring pilings that will be placed 17' apart along the east side of the
gazebo.
Anticipated Impacts
The proposed pier, gazebo and platform will shade 480 square feet of shallow water habitat
including SAV habitat within a primary nursery. Approximately 576 square feet of shallow
water habitat will be filled and will result in the destruction of approximately 4 square feet of
Eurasian Water-milfoil. A small cluster of black needlerush located approximately 3' from
the proposed bulkhead alignment should not be affected by the project.
Proper measurements will be necessary to stabilize the finished slope above the proposed
bulkhead in order to prevent erosion. Some short term turbidity can be anticipated during
construction of the bulkhead and the pier, gazebo and platform.
CAMA Review and Consistency
Jean Guite Creek is classified as "inland" waters by the Wildlife Resource Commission and
marine Fisheries, and is classified as public trust water (PT) by the Division of Coastal
management. Water quality is classified as "SC" by the Division of Environmental
Management and is closed to shellfishing. Jean Guite Creek is also designated as a primary
nursery by the Division of Marine Fisheries.
Review of available information and the field investigation indicate that no unique remnant
species, geologic formations or archeological sites are known to be involved with the
property in question.
The Southern Shores Land Use Plan classifies Public Trust Waters as "Conservation I" and
the high ground area is classified as "Developed". Development in the Conservation I class
allows uses permitted in the "Town Zoning Ordinance when combined with CAMA
regulations. The Developed class refers to subdivided areas which have some urban services,
such as water, roads, and utilities. Development in or along estuarine waters, estuarine
shorelines and public trust waters shall be limited by Southern Shores' Zoning Ordinance in
compliance with the Coastal Area Management Act and Corps of Engineer's regulations (Pg.
10). It is the policy of Southern Shores that shoreline erosion control projects be supported
only where no significant adverse impacts will occur to shoreline dynamics and significant
economic or recreational benefits accrue to the residents of the community.
Submitted By: Lynn W. Mathis
Date: October 6, 1995
Form DCM-MP-1
APPLICATION-—
(To be completed by all applicants)
b. T , town, co unity or landmark
1. APPLICANT
a. Landowner-
Name Z,4,-L Cu8LC-1Z
Address ?I ?? c! C i c.C?1L fLG ,
City lzrrr! 11/4111'6 State C
e, L C,
/ ?. r_
Zip -7 ' / / Day Phone Co ! - ? v a a
Fax ?)Co/- /ZO/
b. Authorized Agent:
Name %? C Gvs'TaoA -/3v/ LD erZ s
Address ?i2i 3 '/ ,
City State ?? C
Zip 322LPLO' Day Phone
Fax
c. Project name (if any)
(n 1 -.S""0,Su
CU ,;ELc-c-
NOTE: Permit will be issued in nano of landowner(), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County lP"I /L L5,
C. Street address or secondary road number
G10a,7 ci?,t-,r r' ?>
d. Is proposed work within city limits or planning
jurisdiction? - '/_ Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) _fiEFti ( (') U rR a CSC
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
r, t (-) F) v), e- m / A, a fl? 'R-A-fTTir- v .,
YU 0ole- "(, S
b. Is the proposed activity maintenance of an existing
project, new work, or both? de- L) WO(e4
c. Will the project be for public, private or commercial
use? ?AT?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. EgiyAmn ysc' - <'at A.rrpct,
Revised 03/95
Form DCM-MP-1
J I`q5
i
°r,-r ;` fir; :gym Desc ib existing wastewater treatment facilities.
4. LAND AND WATER -
...------ -------------------
CHARACTERISTICS
22poo
a. Size of entire tract
b. Size of individual lot(s) 5AMf-
c. Approximate elevation of tract above MHW or
NWL 'I - S 1 AS 0=L A!Mcek.-rn C"iP
d. Soil type(s) and texture(s) of tract
S AfN D
e. Vegetation on tract J "f4 f. Man-made features now on tract Oful-17- ')I og -47
1 fZi?/ttiA?/ IAa„rc? Se cr ?r-_ ?
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
_ Developed (Lf(-ANr,) Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes_ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or ligible property?
Yes No
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? ,)L<_?
(Anach documentation, if available)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial M+_
nt, "wash
down" and residential discharges.) o. De
scribe existing drinking water supply source.
,-r >
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. 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, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 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 an
adequate number of 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
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name VID t-of `` ?Ft II
Address L(r33 Cpt-rV_ i?u f1r,f 11p,-)K Y?
Phone V/2 lol - / 3 `I ('
Name TOIAl i Y C- wt1
Address (91`( uy, /l,t G rr I&J, SW
Phone 701 - '4,3'1 - ?, '-(
Name
Address
Phone
• A list or previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
UUV W
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
appl ication.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure.of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

6. CATtd PERMISSION
TO- ENT91 ON LAND
I understand that 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 i,i the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I 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 the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of 19 5 5
Print Name Cvt
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
?C DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment In the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Flml
Exbfing Project
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
F7??? -5- K ? l 1 11 I,??r
'q :
j
p ;.-
LJ ?J lJ ri L. L 1
...---------•------------Y
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards NON E
b. Type of material to be excavated _U /IQ
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic ve etation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic y s
CI-nWEFZ t_.X1 srr tiG
t3ERM 1-0P
2. DISPOSAL OF EXCAVATED
MATERIAL Nlfi
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
if no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCNI-NI P-2
e. Does the disposal area include any coastal lands, r If ye
(marsh), SAVs or other wetlands? Amount of material to be placed in the
Yes No ;-:? ?? water Z uA? C yH+?US
Dimensions of fill area
f. Does the disposal include any area in the water 02 5,15- GV (31 c - 6V- os
Yes No (3) Purpose of fill JSAc-iZ Feu 7,SoLv-kEA9
b
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length gS-' `PLC IL-,uTVc-, (S •FLr-'??"t P
c. Average distance waterward of MHW or NWL
8
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
"Cris
(Source of information) `17ifC'4 i-
f. Type of bulkhead or riprap material SF11,?
-1-kCFi1M Rr.19
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap _ NIt'
(2) Bulkhead backfill 1a Cu'arc. y?fu,
h. Type of fill material -SPrNO
?15'i irafy
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
,-Fvsr Eyrs r,r?f? vE?; (D.UJf(
Will fill material be placed in
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area _
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? `F???a<No
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be crassed in transporting equipment
to project site? Yes 7k No
If yes, explain steps that will be taken to lessen
environmental impacts.
'/" ?- 'fl L Ot-
Appficw?c, X Project Name
Signature
Date
coastal wetlands
Revised 03/95
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community A Private
(2) Number V N E
w
7..
e. Mooring buoys NSA
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(3) Length gth ? t „?r?voc ?'??ztr??(4) Width of water body
4 (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes _ X No shoreline
(i) Number
(ii) Length f.
(iii) Width
(6) Platform(s) -?E Yes No
(i) Number o N E
(ii) Length _ ' 1NcLI-d e__5
(iii) Width i ?9' XJ' GA2e-61
(7) Number of slips proposed _QNE g.
(8) Proximity of structure to adjacent riparian
property lines / "' r
(9) Width of water body ?goo -F.
(10) Water depth at waterward end of pier at
Iv LIW or NWL 3.S
b. Boathouse (including covered lifts) WA,
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) NIA
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community ,,c Private
(2) Number 0 P F_ s t_. i F L.2 f l c t t mss)
(3) Length 301
(4) Width /7/
Other (Give complete description)

App ? nt?,ect N?µne
Signature
Date
Revised 03/95

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D Kitty Hawk, North Carolina 27949
I??S 81-3288
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U^
P.O. BOX 1890 K
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO October 20, 1995
ATTENTION OF ---
Regulatory Branch
Action ID No. 199600067
Mr. Karl Cubler
4029 Creek Road
Kitty Hawk, North Carolina 27949
Dear Mr. Cubler:
On February 11, 1991, we renewed General Permit No. 198000291
(copy enclosed), which provides Department of the Army authorization
for construction activities that receive authorization from the State
of North Carolina.
A review of your application received October 11, 1995, for
Department of the Army (DA) authorization to install mooring pilings
and construct a bulkhead, pier, and gazebo, on your property located
in Martins Point Subdivision, off State Road 4026 (Creek Road),
adjacent to Jean Guite Creek, Southern Shores, 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, has been assigned Action ID No. 199600067 and will be coordinated by
Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland
is available at telephone [phone], extension 4.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
,
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
vl?orth Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts
Elizabeth City Regional office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909