19951149 Ver 1_COMPLETE FILE_19951031

State of North Carolina
Department of Environment, AT IFA
Health and Natural Resources • •
Division of Environmental Management
James B, Hunt, Jr„ Governor p E H N F1
Jonathan B, Howes, Secretory
A, Preston Howard, Jr„ P,E„ Director
November 6, 1995
Pamlico County
DEM Project # 951149
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Lissa M. Quay
P.O. Box 397
Atlantic Beach, NC 28512
Dear Ms. Quay:
You have our approval to place fill material in 660 square feet of waters for the purpose of
restoring a salt marsh at 308 Hodges Street, Oriental, N.C., as you described in your application dated
30 October 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3025.
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 60 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.
S' rely,
ston o , Jr. E.
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
951149.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF October 25, 1995
Regulatory Branch
Action ID No. 199600227
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
50'
0n
.,V(./ „
Enclosed is the application of Mrs. Lissa M. Quay for Department of the
Army (DA) authorization and a State Water Quality Certification to place fill
material in wetlands to facilitate a marsh restoration project, located at
308 Hodges Street, adjacent Raccoon Creek and the Neuse River, in the Town
of Oriental, Pamlico 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.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by December 22, 1995, the District Engineer will
deem that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 4.
Sincerely,
l
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
t
??IIy
DIVISION OF COASTAL MANAGEMENT G ( ?-,
FIELD INVESTIGATION REPORT I Pip
1. APPLICANTS NAME: Lissa M. Quay 1995
2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, at 308 Hodges Street,
adjacent Raccoon Creek
Photo Index - 1989: 2 121 1 Indexed by R-10 1984: 52 1235 Indexed by K-11
State Plane Coordinates - X: 2689950 Y: 470500
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 29, 1995 and September 20, 1995
Was Applicant Present - Yes; Yes
5. PROCESSING PROCEDURE: Application Received - October 19, 1995
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - The Town of Oriental 1994 CAMA Land Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Coastal Wetlands and Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - None
Planned - None
(G) Estimated Annual Rate of Erosion: None
Source - Onsite evaluation
7. HABITAT DESCRIPTION:
[AREA]
li r1 '1R
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Unvegetated depression 660 ft2
(C) Other
(D) Total Area Disturbed: 660 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC NSW HQW Open: NO
8. PROJECT SUMMARY: The applicant proposes to restore marsh vegetation to an area measuring
22' X 30' by adding 12" of fill material.
" FIELD INVESTIGATION REPORT:
Lissa M. Quay
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The project site is located in downtown Oriental on the north side of Hodges
Street adjacent Raccoon Creek in Pamlico County. An old dilapidated building once
stood on the site, but has recently been torn down leaving a shallow depression-type
area that becomes inundated during high water conditions. Miscellaneous debris
including concrete blocks, building rubble, and typical garbage was found on the site
after the building had been demolished. The debris has since been removed. A pure
stand of giant cordgrass S artina cynosuroides abuts the project site to the east and
north. A small high ground lot dominated by a realtors office adjoins the site to the
west. The curb and gutter of Hodges Street abuts to the south. Raccoon Creek is a
wind driven system that flows from the center of Town (north to south) and goes under
Hodges Street where it empties into the Harbor. The depression which is located
landward of the marsh is within the Estuarine Shoreline AEC and is approximately 12"
below the normal water level. And although the project site is fed periodically by the
brackish waters of Raccoon Creek, standing water frequently stands in the depression
during low water conditions until seepage or evaporation occurs. According to the
DEM classification schedule, Raccoon Creek is a SC NSW HQW water. The area is
not a designated primary nursery area and is closed to shellfishing.
Project Description
The applicant proposes to fill a 22' X 30' unvegetated depression area that was
created when an old dilapidated building was torn down. The applicant specifically
proposes to add 12" of sandy loam material to the site, thus restoring the area to the
grade of the adjacent marsh allowing the marsh vegetation to re-establish on the site.
Approximately 25 yds' of material would be added to the area. The applicant proposes
to install a silt fence in between the existing marsh and the area to be filled.
Anticipated Impacts
The project would transform an approximate 660 ft2 area, which is essentially an
unvegetated depression subject to periodically flooding, into a S artina cynosuroides
marsh. The project would restore 660 ft2 of Coastal Wetlands that were impacted
before the adoption of the CAMA and the Dredge and Fill Law. Conversely, the
project would result in the loss of 660 ft2 of periodically flooded shallow water habitat
currently found in the depression area. The installation of a silt fence between the
existing marsh vegetation and the proposed area to be filled should minimize any off
site sedimentation problems that may occur.
M. Ted Tyndall - Morehead City office - October 19, 1995
1
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT nriantal
c. Street address or secondary road number
308 Hodges Street
a. Landowner: -
Name
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address P. 0. Box 397
City Atlantic Beach State NC
Zip 28512 Day Phone [phone]
Fax _919-247-1194
b. Authorized Agent:
Name - i n ri a ri a I1 i i c
Address P. 0. Box 563
City Oriental State NC
Zip 2P571 Day Phone [phone]
Fax [phone]
c. Project name (if any)
N07F- Permit will be issued in name of lmulowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pam 1 i r o
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Racoon C r e e k
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.
Fill depression created when old
hui 1 vii ng wac riPmnLi shall nP.xt to
Racoon Creek Ratiirn site to 9-'de
and reestahlish wetlands
b. Is the proposed activity maintenance of an existing
project, new work, or both? Ki o i,?
c. Will the project be for public, private or commercial
use? Priva .
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. Purpose is to eliminate
aggAnrP and ha7srd in tha harhnr
-area of nriantal Fill will allow
area to return to natural wetland.
SEP 2 1 IM
Revised 03/95w............•..??

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Q 12 A
b. Size of individual lot(s) 30 ' x 20
'
c. Approximate elevation of tract above MHW or
NWL N / A
d. Soil type(s) and texture(s) of tract
Marsh
mck
e. Vegetation on tract Reed (S P a r t i n a) a n,
Baccharis bushes
D
f. Man-made features now on tract 0, n m P ? "
building rubble such as concrete I?NAL INFORMATION
that is unable to be removed
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the !Dahl land use plan.) In addition to the completed application form, the
following items must be submitted:
X Conservation Transitional
X Developed ( f o r m e r 1 y) Community
Rural Other
h. How is the tract zoned by local government?
n0 ZLynlnn i n nri ant.al
m. Describe existing wastewater treatment facilities.
NIA
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
N/A
o. Describe .ex' \?\ drinking water supply source.

• 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.
i. Is the proposed project consistent with the applicable
zoning? Yes No N / A
(Attach Zoning compliance certificate, if applicable)
J.
Has a professional
done for the tract?
If yes, by whom? -
archaeological assessment been
Yes X No
• 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 71.0203 for a
detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes -y4- No - adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger
. -eoastat (marsh), X.. ,.Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? No requirements and it must be sufficiently detailed to
(Attach docutnentation, if available) A r e a a d J as c e n t t o guide agency personnel unfamiliar with the area to the
area to be restored has been classified
as wetland by, CAMA & COE on 8/29/95 {
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.
6. CERTIFICATION AND 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.
Name Joseph H. Cox I certify that I am authorized to grant, and do in fact,
Address 810 S p r i n g m o o r D r. R a 1 e i g h, 2 7 615grant permission to representatives of state and federal
Phone no n_h o n e review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name G a r l a n d F u l c h e r permit application and follow-up monitoring of the
Address 301 So .h AvOriental 2AS71 project.
Phone [phone]
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.
N/A
• 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 ?a
Environmental Policy Act.
Revised 03/95
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of 19.
Print Name Ineb- CL N 1
Signature
r ¢r Authorized gent
Please indicate attachments pertaining to your proposed
project.
X 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
space provided at the bottom of each form.

LP ._
2 11995
r•IwNw?•rr ? ? ?N??1???
the
NARRATIVE
The site of ibis requested CAMA permit at one time had a wooden frame buddding on it
that has since been torn down, creating a depression that was filled with building rubble
(and water at tunes, depending on the wind and rainfall). The resulting area was an
eyesore, which seemed to attract more litter, and a hazard
The area where the budding stood, which is next to Raccoon Creek in Oriental, has been
cleared of nibble and trash. The CAMA permit requests that the owner of the property be
allowed to fill the 22' x 30' site with sandy loam in order to bring the area back to grade
and allow the marsh wetlands to be re-established
We believe that this wdl prove to be an asset to the harbor area of the town by removing
an eyesore and hazard and replacing it with a natural area at the center of Oriental.
V
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 Mal
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other -
(Excluding
shoreline
stabilization)
N/A
N/A
N/A
N/A

N / A

N/A

30'
20' -1
a „
off
high
water
1. EXCAVATION N / A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
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?
f'ft
U11'"! If
rl'1
SEP 2 1 1995 f'!
MrM?rNr• ? r? ? ? •rNNNgM?1?
Revised 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION N / A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
y Yes No

' w
If yes,
(1) Amount of material to be placed in the
water approx. 29 cu . vds
(2) Dimensions of fill area 2_2 , x g n , x
(3) Purpose of fill return area to grade
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X_ No
If yes,
(1) Dimensions of fill area 22 ' x 3 0 - :<1
'
(2) Purpose of fill Restnre cnaGt11
wetlands; return siteto grade.
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? S i l t fence w h e n
fill is added. Natural vegetation
when established.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe
c. Will wetlands be crassed in transporting equipment
to project site? Yes -_ No
If yes, explain steps that will be taken to lessen
environmental impacts.

Applkabt,or Project Name
signet
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Date
Revised 03195
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PREPARED BY
PROFESSIONAL ENGINEER
REGISTERED LAND SURVEYOR
ORIENTAL , N.C.
DATE : 4 u6. 2B , /992 T NO1332
SCALE : l" 20' . BY AD

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PAGE 420, OF Tf PA41L/CO COUNTY REGIS7pK
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PAMLICO COUNTY, N.C.

REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199600227
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 30, 1995
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:
Reference the application of Lissa M. Quay for a Department of the
Army (DA) permit to place fill material in wetlands to facilitate a marsh
restoration project, located at 308 Hodges Street, adjacent Raccoon Creek
and the Neuse River, in the Town of Oriental, Pamlico 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 condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters outside of the permitted restoration area.
3. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
4. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field office, telephone [phone], extension 23.
Sincerely,
Ralei Bland
Project Manager
Regulatory Branch
-2-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North 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
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. Charles Jones, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
3441 Arendell Street
Post Office Box 769
Morehead City, North Carolina 28557