19960241 Ver 1_COMPLETE FILE_19960311

James B, Hunt, Jr" Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director

RECEIVED

MAR 1 f 1996
ElWIRON~~!~L SCIENCEs
IJ

AVA
DEHNR

State of North Carolina
Department of Environment I
Health and Natural Resources
Division of Coastal Management

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REfE/V':D
\W\SHlkGTON O,"FICE

March 4, 1996

MAR - 6 l'1~b

MEMORANDUM

D. E. M.

TO:

Mr. A. Preston Howard, Director
Division of Environmental Management

FROM:

John R, Parker, Jr,
Major pernits Processing Coordinator

SlJBJECT:

CAMA/DREDGE & FILL Permit Application Review

Applicant:

Island Creek Partnership

Project Location: Off NC 12 and Island Creek Drive, betwE~~ Spencer Creek & pamlico
sound, Avon, Dare County

Proposed Project: Major modification of Permit #19-89 to ~~crease number of approved
dwelling units from 14 to 16, construct a club house and swimming
pool, and 402.68 linear feet of additio~~l bulkhead.

Please indicate below your agency's position or vie~~oint :~ the proposed project and
return this form by March 25, 1996, If you have any quest~~ns regarding the proposed
project, please contact Lynn W, Mathis at [phone]. ~hen appropriate, in-depth
comments with supporting data is requested,

REPLY

,/ This agency has no objection to the pro=~ct as proposed.
~

This agency has no comment on the propc~~d project,

This agency approves of the project onl~.- if the recommended changes
are incorporated, See attached,

Si.gned

This agency obj ects to the proj ect fo::: reasons described in the
attached comments.

JUy

Dat~

)/6 !9~

1367 U,S, 17 South, Elizabeth City. North Carolina 27909
An Equal Opportunity Affirmative Action Employer

Telephone 919-2~.3901 FAX [phone]
50% recycled/ 10'" post-consumer paper

DEHNR

Fax:[phone]

Ma~ 3 '96

9:24

P.02/06

To: J OM Dorney
Planning Branch

I,lIVISI~ OF ENV'IRONKENTAL KANAGIHRNT
CAliA/COB PER.taT APPLICATION lmVD'W

WaRO PROJECT I 9' -floe- WQ SUPJmVISOR:
REVIEWXR: SAWYER DATE:

/ ~""- :
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moyx
5/;:!9'

WETLAND INFORMATION lOR CENTRAL OYFHiX TRAClllfG rJ
PERMIT YR: 9~~N~: , COUN'lY1 t.Lo~
J.lRO.J.KCT NAME: ~
PROJECT TYPE: . PERMIT TYPE: L~COE

~~ ~OK CDA: ~=:> ' DOT I: DATE :FROM CDA: 3&.(,6 cf
IrnG onrIClS; WaRO ~_ ~_5UB, BASIN I: ?JtS J
STRllAll o~ WATER BODY, ",~;Ci.LJIhr
CUSS: ----. STREAM INDEX ,: 3 I:) - 2 a-3
OPEN OR ,
WL IMPACT: . WI.. 'lYPE=
WL REQUF.STED: WL ACR EST:
HYDRO CHECT?: WL SCORE:
HITIGATION. MITIGATION TYPE:
MITICATION SIZK :.....-:::--=-=,:~~G SmmT A'ITACHED1
RECOHKENDATION: LWrtJE:J ISSUEI GOND DENY
---,-,---.~ III

STORMWATER PLAN REQ'D: ~ IF YES. DATE APPROVED:

~I~~.~

BOLD

...

WATER QUALITY CKRT. (401 )
CERT. REQ'D: y~ ~. JI /7
IF YESt TYPE:~
SEWAGE DISPOSAL ~") ~~ S". ...rl,
TYPE OF DISPOSA.b--f:W~EP;_n.LC(A) r.A-R4'Q.~--.q ,=,,~ -7~
~ ..,tROPOS , SEPTIC TANK ETG.)
TO .BE PERM l ..--
(DEl'l, DHS, COUNTY)
IF BY DEMt IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
\lATER/WRTLAND 1llL ~(;R
AREA OF FILL: WATER: --: 11 ~ 'I WETLAND;
IS FILL ELIMINATING A SIGNIFICANT E?
DRPIGING
.AREA TO BE DREDGED: ~ 0-
IS DREDGINC ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?

KARINA ARE tHE FOLLOWING ADEQUATELY ADDRESSED?,n)f}-
SEWAGE DISPOSAL~ MARINA SERVICES:
OXYGEN I~ BASIN: CLOSURE OF SHELLFISHI~G WATERS:

cc: WaRo. CentJ:'al F.:l1es; I:01 Field Offices; COE Washington Office

DEHNR

Fax:[phone]

Ma~ 3 '96 9:24

P.03/06

Ucaoor.NDKD CONDITIONS OR PERKlT RRSTRICTIONS:

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DEHNR

Fax:[phone]

May 3 '96

9:25

P.04/06

DIVISION OF ENVIRONMENTAL MANAGEMENT

KEKORANDUM

To:

Bill Moore, Environmental Engineer
Water Quality Section, waRD

From:

Deborah Sawyer, Enyi~onmQntal Technician
Water Quality s@ction, WaRO

Date:

SUbject: Request tor stormwater Review of $Qct.ion 401 Applications

DATE FINAL COMMENT:

NAME: t"t2t.Oa.-..t1 ~g},. Q~
1 ~ - J / o..~ __
~~ he.
~t-A ?

PROJECT

PROJECT NUMBER:

DATE RECEIVED:

NOTE~ See attached description of project

COMMENTS:

...

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: Island Creek Partnership

2. LOCATION OF PROJECT SITE: Spencer Creek off NC 12 and Island Creek Drive,
Avon, Dare County.
Photo Index - 1989: 202-8: N 11 O&P 11, 12, 13 1984: 144-398: N 11 O&P 11, 12, 13
State Plane Coordinates - X: 3042500 Y: 607600

3. INVESTIGATION TYPE: CAMA/D&F

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 1996
Was Applicant Present -No

5. PROCESSING PROCEDURE: Application Received - February 10, 1996
Office - Elizabeth City

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation and Limited Transition
(B) AEC(s) Involved: PT, ES, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Low Pressure Septic
Planned - Same
(F) Type of Structures: Existing - Dwellings
Planned - Club House, Swimming Pool, Dwellings, Bulkhead
(G) Estimated Annual Rate of Erosion: 2' per year
Source - Applicants Agent, Joe Lassiter

(A) Vegetated Wetlands Shading: 1,170 sq.ft.
"404"
(B) Non-Vegetated Wetlands
(C) Other Grading: 91,485 sq.ft.
Upland

DREDGED

[AREA]
FILLED

OTHER

7. HABITAT DESCRIPTION:

(D) Total Area Disturbed: 2.127 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No

8. PROJECT SUMMARY: The applicant requests a major modification to CAMA Major Permit #19-
89 to increase the number of approved dwelling units from 14 to 16, construct a club house and
swimming pool, and 402.68 linear feet of additional bulkhead on property located between Spencer
Creek and Pamlico Sound in Avon, Dare County.

Island Creek Partners
Bio Report
Page 2

Site Description

The applicants property is located the along sound side off NC 12 at the end of Island Creek
Drive in Avon, Dare County. The entire tract under development extends from NC 12 to
Pamlico Sound, and is bisected by Spencer Creek. For the purpose of this permit the area of
interest is confined to that portion of land located between Spencer Creek and the Pamlico
Sound, and consists of two parcels (referred to as Parcel A and Parcel B). The site is
accessed by a wooden bridge over Spencer Creek on Island Creek Drive. The total area of
the property in question is 6.8 acres (296,208 sq. ft.) and is bounded on three sides by
water. The northwest edge of the property abuts the Pamlico Sound, while the north eastern
portion of the tract abuts Spencer Creek. The average elevation of the property is
approximately 3.8' above Base Flood Elevation (BFE) and is in Flood Zone A(8').

Eight existing single family dwellings are serviced by a low pressure system located on the
east side of Spencer Creek. Five dwellings are located adjacent the Pamlico Sound and the
adjacent shoreline has been stabilized with a wooden bulkhead. With the exception of a small
wooded shed, no other structures are on the site. All development activities on the property
have been confined to the area directly west of the bridge.

The property is primarily high ground with several isolated pockets of "404" wetlands. There
is an extensive coastal wetland fringe along the shoreline. There is evidence of shoreline
erosion adjacent the bridge along Spencer Creek and according to the applicant an average of
two feet per year has been lost. Developed high ground areas are dominated by domestic
grasses while vegetation in the undeveloped high ground areas includes, but is not limited to,
Broom Sedge (Andropogon m.,,), Sea Ox-eye illorrichia frutescens), Wax Myrtle (Myrica
cerifera), Red Cedar (Juniperus vriginians), and Marsh Elder (lYg frutescens). The high
ground graduates to coastal wetlands ranging from Salt Meadow Hay (Spartina Patens),
Black Needlerush (Juncus roemerianus) to Salt Marsh Cord Grass (Spartina alterniflora).

Project Description

Island Creek Partners request a modification to CAMA Major Permit #19-89. CAMA Major
#19-89 was originally issued to Avon Soundside Partnership on January 31, 1989, and
authorized the construction of the bridge over Spencer Creek. The permit was later modified
on January 18, 1991, to include: 1) construction of 14 residential units, a 538' bulkhead and
associated driveways on the eastern section of the property; 2) expansion of the existing
bridge; and, 3) construction of a commercial retail/office building and associated parking and
septic system. The size of the tract, on the east side of Spencer Creek, at the time of the
issuance of the permit was estimated to be 5.36 acres, with a density of 2.61 units per acre.

Island Creek Partners
Bio Report
Page 3

On January 25, 1993, the permit was transferred to Island Creek Partners and again modified
to include eight 25' groins to be located along the Pamlico Sound. On March 24, 1992, a
second CAMA Major Permit (#33-92) was issued to Island Creek Partners for the
construction of additional bulkheading along Spencer Creek adjacent to the bridge, excavation
of a channel and boat basin, mooring pilings, dock, and boat ramp.

The applicants have acquired an additional 1.64 acres adjacent to the original site east of
Spencer Creek for a total of 6.80 acres. Under the current modification proposal the number
of single family dwellings will increase from 14 to 16 units, with a density decrease equaling
approximately 1/4 acre per single family dwelling. The density calculated does not reflect the
proposed construction of a clubhouse and swimming pool on the property. The final aspect of
the proposed modification will be the construction of an additional 402.68 linear feet of
bulkhead along Pamlico Sound that will extend to the mouth of Spencer Creek.

The total area of land disturbing activity will be approximately 2.10 acres (91,485 square
feet), of which approximately 14,000 square feet will occur within CAMA's Area of
Environmental Concern (AEC). No filling is proposed in coastal or "404" wetlands and is no
backfill has been requested in conjunction with the proposed bulkhead. Two of the proposed
dwellings will be constructed on pilings over 1,170 square feet of "404" wetlands. According
to the applicant's agent no land disturbing activity will occur in wetlands. It will be virtually
impossible to construct a dwelling without land disturbance. A comparison of the approved
plat and the proposed modification indicates a loss of "404 II wetlands has occurred.
According to the permit (including all modifications), no "404" wetlands may be filled.

Anticipated Impacts

The modification, as proposed, will result in a total of 1.69 acres (73,779 square feet) of
impervious lot coverage. Impervious lot coverage within the AEC will be approximately .406
acres (17,709 square feet). Approximately 1,170 square feet of "404" wetlands will be
shaded by dwellings and may eventually be lost if current plats accurately reflect previously
built over wetlands. The bulkhead, while proposed landward of the coastal wetland fringe
will result in some temporary degradation during construction. Development of previously
undisturbed areas will result in the degradation or loss of several species of naturally
occurring vegetation.

CAMA Review and Land Use Plan Consistency

No unique remnant species, geologic formations or archeological site are know to be
associated with this location.

Island Creek Partners
Bio Report
Page 4

According to the Land Use Plan, Dare County supports the installation and maintenance of
estuarine bulkheads (pg. 56). The County also supports the Corps of Engineers' Nationwide
permit program (pg. 60). It is the Corps policy to minimize or avoid unnecessary impacts to
"404" wetlands. Review of this project indicates that total avoidance of wetlands may be
possible. The Land Use Plan also states that occasional losses of "isolated pockets" of
wetlands is acceptable when the level of alteration is minimal (pg. 60). The proposed
development appears to meet Dare County's desire to maintain a "coastal village atmosphere
by Land Use Planning techniques to guide the private sector market forces in the direction of
minimal commercialization with single family homes as a preferred type of development"
(pg. 80).

Based on my review it appears that the proposed modification, to CAMA Major Permit #19-
89, is consistent with the Dare County Land Use Plan.

Submitted By: Lynn W. Mathis
Date: March 1, 1996

Form DCM-MP-l

Rtr.r:II)~D

APPLICATION
(To be completed by all applicants)

DEe 2 2 1995

1. APPLICANT

a Landowner:
Parcel A. J.R. & G.C. Hooper, O.E. Finch
Name Parcel B. Island Creek Partners
Parcel A. PO Box 39, C/O J. R. Hooper
Address Parcel B. 116 Sandy Ridlle Rd.
Parcel A. Buxton
City Duck State NC
Parcel A. 27920
Zip 27949 Day Phone [phone]

NC

Fax NA

b. Authorized Agent:

Name Quible & Assoc. P,C,. Attn, Joe Lassiter

Address PO Drawer 870

City Kitty Hawk State NC

Zip 27949 Day Phone [phone]

Fax [phone]

c. Project name (if any) Island Creek

NOTE: Permit will be issued in name of
landowner(s), and/or project name.

2. LOCATION OF PROPOSED
PROJECT

a. County Dare

b. City, town, community or landmark
Avon

c. Street address or secondary road number
NC 12

d. Is proposed work within city limits or planning
jurisdiction? Yes X No

Revised 03/95

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound

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.
Construction of 8 sinllle family residences. club
house. pool roads. bulkhead construction

b. Is the proposed activity maintenance of an existing
project, new work, or both? exoansion of an exist
project.
c. Will the project be for public, private or commercial
use? Public

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. (See attached narrative)

4. LAND AND WATER
CHARACTERISTICS

Parcel A = 1.64
a Size of entire tract Parcel B = 5.16
Total = 6.80
b. Size of individuallot(s)

c. Approximate elevation of tract above MHW or NWL
4.0'

d. Soil type(s) and texture(s) of tract
Duckston and Corolla Fine Sand

e. Vegetation on tract Myrica cerifera. Juniperus
virlrinicus. Juncus roemarianis. flex vomitoria.
Spartina patens

Form DCM-MP-l

f. Man-made features now on tract 8 sinllle family
homes. waste treatment system. bridlle. paved
road, maintenance shed, bulkheads

g. What is the CAMA Land Use Plan land classification
of the site? (Consul t the local land use plan.)

Conservation
_ Developed
Rural

Limited Transitional
_ Community
Other

h. How is the tract zoned by local government?
S-l

i. Is the proposed project consistent with the applicable
zoning? ~ 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? NA

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ----X-- No

1. Are there wetlands on the site? 1L- Yes No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)

m. Describe existing wastewater treatment facilities.
on-site low pressure pipe system

n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effiuent, "wash
down" and residential discharges.) None

0, Describe existing drinking water supply source.
Cape Hatteras Water Association

5. ADDITIONAL INFORMATION

In addition to the completed application form, the

Revised 03/95

RECEIVED

DEe 2 2 1995

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

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 Tim Midllett - MidlZett Realty
Address PO Box 250. Hatteras NC 27943
Phone [phone]

Name W. H. FullZham
Address 722 W. Riverside. Suffolk. VA 23434
Phone

Name Avon Soundside Partners
Address 116 Sandy RidlZe Rd.. Duck. NC 27949
Phone

. A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

Form DCM-MP-1

Maior CAMA #19-89 Maior Mod. 10/24/90 Avon
Soundside Partnership

Maior CAMA # 33.92 Island Creek Partners

. 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. 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.

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.

Please indicate attachments pertaining to your proposed
project.

Revised 03/95

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.

RFCEIVED

DEe 2 2 1995

Form DCM-MP-2

EXCAVATION
AND FILL
(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. 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.

Lenqt
h

width

Access
channel
(HLW) or (NWL)

Canal

Boat
, basin

Boat
ramp

Rock
groin

Rock
breakwater

Other

(Excluding
shoreline

stabilization)

Average
B::I:istin
g
Depth

Fina1
Project
Depth

1. EXCAVATION

a Amount of material to be excavated from below
MHW or NWL in cubic yards -0-

b. Type of material to be excavated N A

Revised 03/95

pr"'l'r'I/C'n .

DEe 2 2 1995

c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes --X- No

d. Highground excavation in cubic yards -0-

2. DISPOSAL OF EXCAVATED MATERIAL

a Location of disposal area N A

b. Dimensions of disposal area NA

c. Do you claim title to disposal area?
NA Yes No
If no, attach a letter granting permission from the
owner.

d. Will a disposal area be available for future
maintenance? NA Yes No
If yes, where? NA

e. Does the disposal area include any coastal wetlands
(marsh), SAYs or other wetlands?
NA Yes No

f. Does the disposal include any area in the water?
NA Yes No

3. SHORELINE STABILIZATION

a Type of shoreline stabilization
X Bulkhead _ Riprap

b. Length 402.06

c. Average distance waterward of MHW or NWL
0'

Form DCM-MP-2

d. Maximum distance waterward of MHW or NWL
2'

e. Shoreline erosion during preceding 12 months
2'

(Source of information) on-site observation

f. Type of bulkhead or riprap material
Pressure treated lumber

g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 14 cu. vds.

h. Type of fill material Clean sand

i. Source of fill material approved upland source

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)

a Will fill material be brought to site?
X- Yes No

If yes,
(1) Amount of material to be placed in the
water NA
(2) Dimensions of fill area 2.1 Acres
91.485 sa.ft.
(3) Purpose of fill for roads. building'
pads & waste treatment system

b. Will fill material be placed in coastal wetlands
(marsh), SAYs or other wetlands?
Yes -L No
If yes,
(1) Dimensions of fill area NA

(2) Purpose of fill

5. GENERAL

a How will excavated or fill material be kept on site
and erosion controlled? Silt fence

Revised 03/95

DEe 2 2 1995

b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe. bulldozer

c. Will wetlands be crossed in transporting equipment
to project site? _ Yes --1L- No
If yes, explain steps that will be taken to lessen
environmental impacts. NA

Form DCM-MP-3

UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.

a Type and number of buildings, facilities, units or
structures proposed 8 single family
residences, clubhouse, pool. associated roads

b. Number of lots or parcels 2

c. Density (give the number of residential units and the
units per acre) 16 total units on 6.8 acres
(2.35 units per acre)

d. Size of area to be graded, filled or disturbed
including roads, ditches, etc.91.485 SQ.ft.
(2.1 acres)

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? Yes X No
If yes, date submitted Being prepared

f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Asphalt

g, Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 15.28%

h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted

i. Describe proposed method of sewage disposal.

Revised 03/95

"....r-'-II It:'[)

DEe 2 2 1995

Permitted low pressure pipe sYstem

j. Have the facilities described in Item i. above received
state or local approval? Yes
(Attach appropriate documentation)

k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effiuent,
"wash down" and residential discharges).
No discharges proposed

1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Cape Hatteras Water Association

m. Will water be impounded?
If yes, how many acres?

Yes X-No

n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? NA

Date

/' AEPL Y TO
ATTENTION OF

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P,O. BOX 1890
WilMINGTON. NORTH CAROLINA 28402-1890

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(160~?LI/

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March 11, 1996

Regulatory Branch

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Action ID No, 199601401

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:

Enclosed is the application of Island Creek Partners for Department
of the Army (DA) authorization and a State Water Quality Certification to
increase the number of approved single family dwellings, and construct a
clubhouse, swimming pool, and bulkhead, on property identified as Island
Creek Partnership, located off NC Highway 12, adjacent Spencer Creek and
the pamlico Sound, Avon, 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,

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 May 10, 1996, 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 23,

Sincerely,

~~

Raleigh Bland
Regulatory Project Manager

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

,-
f

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890

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AEPLYTO
ATTENTION OF

Ma'(ch II I \~

Regulatory Branch

Action ID,

Applicant I

ep, (
Type \\i'brk ~

Waterway Srnc,w

Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island';'f
Beaufort, North Carolina 28516

County Do,re.

Fish and Wildlife Enhancement
V, S,Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726

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

k ~
Regional Office
Division of Coas al Management
North Carolina Department of
Environment, Heallth and

~
'"]A . c.. ~1'114-

Mr. Thomas Welbom,-Chief
Wetlands Regulatory Section-Region IV
Wetlands, Oceans and Watersheds Branch
V,S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

Gentlemen:

Pursuant to Action ID No, 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosedA Yo comments and/or
recommendations would be appreciated on or before 1" . D

Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23,

Sincerely,

~

Raleigh Bland
Regulatory Project Manager

Enclosure

,qQ6Q.-LLjO I
I
DIVISION OF COASTAL MANAGEl\'iliNT
FIELD lNVESTIGA TION REPORT

REC:EiVEQ
MAR 7 1996
REGUU\TORY Bli~

1.

APPLICANT'S NAME: Island Creek Partnership

2. LOCATION OF PROJECT SITE: Spencer Creek off NC 12 and Island Creek Drive,
Avon, Dare County.
Photo Index - 1989: 202-8: N 11 O&P 11, 12, 13 1984: 144-398: N 11 O&P 11, 12, 13
State Plane Coordinates - X: 3042500 Y: 607600

3. INVESTIGATION TYPE: CAMA/D&F

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 1996
Was Applicant Present -No

5, PROCESSING PROCEDURE: Application Received - February 10, 1996
~ Office - Elizabeth City

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation and Limited Transition
(B) AEC(s) Involved: PT, ES, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Low Pressure Septic
PI<mned - Same
(F) Type of Structures: Existing - Dwellings
Planned - Club House, Swimming Pool, Dwellings, Bulkhead
(G) Estimated Annual Rate of Erosion: 2' per year
Source - Applicants Agent, Joe Lassiter

DREDGED

[AREA]
FILLED

OTHER

7, HABITAT DESCRIPTION:

(A) Vegetated Wetlands Shading: 1,170 sq.ft.
"404"
(B) Non-Vegetated Wetlands ,
(C) Other Grading: 91,485 sq.ft.
Upland

(D) Total Area Disturbed: 2.127 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No

8. PROJECT SUMMARY: The applicant requests a major modification to CAMA Major Permit #19-
89 to increase the number of approved dwelling units from 14 to 16, construct a club house and
swimming pool, and 402.68 linear feet of additional bulkhead on property located between Spencer
Creek and Pamlico Sound in Avon, Dare County.

.'

(

Island Creek Partners
Bio Report
Page 2

Site Description

The applicants property is located the along sound side off NC 12 at the end of Island Creek
Drive in Avon, Dare County. The entire tract under development extends from NC 12 to
Pamlico Sound, and is bisected by Spencer Creek. For the purpose of this permit the area of
interest is confined tothat portion of land located between Spencer Creek and the Pamlico
Sound, and consists of two parcels (referred to as Parcel A and Parcel B). The site is
accessed by a wooden bridge over Spencer Creek on Island Creek Drive. The total area of
the property in question is 6.8 acres (296,208 sq. ft.) and is bounded on three sides by
water. The northwest edge of the property abuts the Pamlico Sound, while the north eastern
portion of the tract abuts v Spencer Creek. The average elevation of the property is
approximately 3.8' above Base Flood Elevation (BFE) and is in Flood Zone A(8').

Eight existing single family dwellings are serviced by a low pressure system located on the
east side of Spencer Creek. Five dwellings are located adjacent the Pamlico Sound and the
adjacent shoreline has been stabilized with a wooden bulkhead. With the exception of a small
wooded shed, no other structures are on the site. All development activities on the property
have been confined to the area directly west of the bridge.

The property is primarily high ground with several isolated pockets of "404" wetlands. There
is an extensive coastal wetland fringe along the shoreline. There is evidence of shoreline
erosion adjacent the bridge along Spencer Creek and according to the applicant an average of
two feet per year has been lost. Developed high ground areas are dominated by domestic
grasses while vegetation in the undeveloped high ground areas includes, but is not limited to,
Broom Sedge (Andropogon m.,.), Sea Ox-eye (Borrichia frutescens), Wax Myrtle (Myrica
cerifera), Red Cedar (Juniperus vriginians), and Marsh Elder (Iva frutescens). The high
ground graduates to coastal wetlands ranging from Salt Meadow Hay (Spartina Patens),
Black Needlerush (Juncus roemerianus) to Salt Marsh Cord Grass (Spartina alterniflora).

Project Description

Island Creek Partners request a modification to CAMA Major Permit #19-89. CAMA Major
#19-89 was originally issued to Avon Soundside Partnership on January 31, 1989, and
authorized the construction of the bridge over Spencer Creek. The permit was later modified
on January 18, 1991, to include: 1) construction of 14 residential units, a 538' bulkhead and
associated driveways on the eastern section of the property; 2) expansion of the existing
bridge; and, 3) construction of a commercial retail/office building and associated parking and
septic system. The size of the tract, on the east side of Spencer Creek, at the time of the
issuance of the permit was estimated to be 5.36 acres, with a density of 2.61 units per acre.

Island Creek Partners
Bio Report
Page 3

On January 25, 1993, the permit was transferred to Island Creek Partners and again modified
to include eight 25' groins to be located along the Pamlico Sound. On March 24, 1992, a
second CAMA Major Permit (#33-92) was issued to Island Creek Partners for the
construction of additional bulkheading along Spencer Creek adjacent to the bridge, excavation
of a channel and boat basin, mooring pilings, dock, and boat ramp.,.._

The applicants have acquired an additional 1. 64 acres adjacent to the original site east of
Spencer Creek for a total of 6.80 acres. Under the current modification proposal the number
of single family dwellings will increase from 14 to 16 units, with a density decrease equaling
approximately 1/4 acre per single family dwelling. The density calculated does not reflect the
proposed construction ofa~~lubhouse and swimming pool on the property. The final aspect of
the proposed modification will be the construction of an additional 402.68 linear feet of
bulkhead along Pamlico Sound that will extend to the mouth of Spencer Creek.

The total area of land disturbing activity will be approximately 2.10 acres (91,485 square
feet), of which approximately 14,000 square feet will occur within CAMA's Area of
Environmental Concern (AEC). No filling is proposed in coastal or "404" wetlands and is no
backfill has been requested in conjunction with the proposed bulkhead. Two of the proposed
dwellings will be constructed on pilings over 1,170 square feet of "404" wetlands., According
to the applicant's agent no land disturbing activity will occur in wetlands. It will be virtually
impossible to construct a dwelling without land disturbance. A comparison of the approved
plat and the proposed modification indicates a loss of "404" wetlands has occurred.
According to the permit (including all modifications), no "404" wetlands may be filled.

Anticipated Impacts

The modification, as proposed, will result in a total of 1.69 acres (73,779 square feet) of
impervious lot coverage. Impervious lot coverage within the AEC will be approximately .406
acres (17,709 square feet). Approximately 1,170 square feet of "404" wetlands will be
shaded by dwellings and may eventually be lost if current plats accurately reflect previously
built over wetlands. The bulkhead, while proposed landward of the coastal wetland fringe
will result in some temporary degradation during construction. Development of previously
undisturbed areas will result in the degradation or loss of several species of naturally
occurring vegetation.

CAMA Review and Land Use Plan Consistency

No unique remnant species, geologic formations or archeological site are know to be
associated with this location.

Island Creek Partners
Bio Report
Page 4

According to the Land Use Plan, Dare County supports the installation and maintenance of
estuarine bulkheads (pg. 56). The County also supports the Corps of Engineers' Nationwide
permit program (pg. 60). It is the Corps policy to minimize or avoid unnecessary impacts to
"404" wetlands. Review of this project indicates that total avoidance of wetlands may be
possible. The Land Use Plan also states that occasional losses ...of "isolated pockets" of
wetlands is acceptable when the level of alteration is minimal (pg. 60). The proposed
development appears to meet Dare County's desire to maintain a "coastal village atmosphere
by Land Use Planning techniques to guide the private sector market forces in the direction of
minimal commercialization with single family homes as a preferred type of development"
(pg. 80).

"
~
Based on my review it appears that the proposed modification, to CAMA Major Permit #19-
89, is consistent with the Dare County Land Use Plan.

Submitted By: Lynn W. Mathis
Date: March 1, 1996

Form'DCM-MP-l

r ~CEivED
MAR 7 1996

RFN''''~D

APPIJCATION
(To be completed by all applicants)

DEe 2 2 1995
REGULATORY BRANCH

1. APPLICANT

a. Landowner:
Parcel A. J.R. & G.C. Hooper, Q.E. Finch
Name Parcel B. Island Creek Partners
Parcel A. PO Box 39, C/O J. R. Hooper
Address Parcel B. 116 Sandy Ridge Rd.
Parcel A. Buxton
City Duck State NC
Parcel A. 27920
Zip 27949 Day Phone [phone]

NC

Fax NA

"
7f

b. Authorized Agent:

Name Quible & Assoc. P.C., Attn. Joe Lassiter

Address PO Drawer 870

City Kitty Hawk State NC

Zip 27949 Day Phone [phone]

Fax [phone]

c. Project name (if any) Island Creek

NOTE: Permit will be issued in naJlle of
landcwner(s), and/or project naJlle.

2. LOCATION OF PROPOSED
PROJECT

a. County Dare

b. City, town, community or landmark
Avon

c. Street address or secondary road number
NC 12

d. Is proposed work within city limits or planning
jurisdiction? Yes X No

Revised 03/95

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

a. List all development activities you propose (e.g.
building a home, mote~ marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of 8 siru:de family residences, club
house, pooL roads, bulkhead construction

b. Is the proposed activity maintenance of an existing
project, new work, or both? eXPaIlSion of an exist
project.
c. Will the project be for public, private or commercial
use? Public

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. (See attached narrative)

-4 . LAND AND WATER
CHARACTERISTICS

Parcel A = 1.64
a. Size of entire tract Parcel B = 5.16
Total = 6.80
b. Size of individuallot(s)

c. Approximate elevation of tract above MHW or NWL
4.0'

d. Soil type(s) and texture(s) of tract
Duckston and Corolla Fine Sand

e. Vegetation on tract Myrica cerifera. Juniperus
virginicus, Juncus roemarianis, llex vomitoria..
Spartina patens

Form: DCM-MP-l

f. Man-made features now on tract 8 single family
homes, waste treatment sYStem. bridge, paved
road, maintenance shed, bulkheads

g. What is the CAMA Land Use Plan land cl.assification
of the site? (Consul t the local land use plan.)

Conservation
_ Developed
Rural

Limited Transitional
_ Community
Other

h. How is the tract zoned by local government?
S-1

L Is the proposed project consistent with the applicable
zoning? L- Yes _ Np;
(Attach zoning compliance ~certificate, if
applicable) .

j. Has a professional archaeological assessment been
done for the tract? Yes L- No
If yes, by whom? NA

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ~ No

1. Are there wetlands on the site? ~ Yes No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)

m. Describe existing wastewater treatment facilities.
on-site low pressure pipe system

n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effiuent, "wash
down" and residential discharges.) None

o. Describe existing drinking water supply source.
Cape Hatteras Water Association

5. ADDITIONAL INFORMATION

In addition to the completed application form, the

Revised 03/95

RECEIVED
DEe 2 2 1995

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
cl:'1iming 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" 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

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 pr.oject to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.

Name Tim Midgett - Midgett Realty
Address PO Box 250, Hatteras NC 27943
Phone [phone]

Noone W.H.F~ham
Address 722 W. Riverside, Suffolk. VA 23434
Phone

Name Avon Soundside Partners
Address 116 Sandy Ridge Rd., Duck, NC 27949
Phone

· A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

Form'DCM-MP-1

Maior CAMA #19-89 Maior Mod. 10/24/90 Avon
Soundside Partnership

Maior CAMA # 33-92 Island Creek Partners

. A check. for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNE) to cover the costs of processing the
application.

. A signed ABC 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 Caroli~a' Environmental
Policy Act.

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.

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.

Please indicate attachments pertaining to your proposed
project.

Revised 03/95

,---',
!

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.

RF.CEIVED

DEe 2 2 1995

Forni DCM-MP-2

EXCAVATION
AND FILL
(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. 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.

Lenqt
h

Access
channel
(MLW) or (NWL)

Canal

Boat
. basin

Boat
ramp

Rock.
groin

Rock
breakwater

Other

(Excluding
shoreline

stabilization)

width

Average
Rxistin
g
Depth

Final
Project
Depth

"
-...

1. EXCAVATION

a. Amount of material to be excavated from below
MHW or NWL in cubic yards -0-

b. Type of material to be excavated NA

Revised 03/95

Df""f'lr'l/C'n .

DEe 2 2 1995

c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SA V s) or other wetlands? _ Yes -X- No

d. Highground excavation in cubic yards -0-

2. DISPOSAL OF EXCAVATED MATERIAL

a. Location of disposal area NA

b. Dimensions of disposal area NA

c. Do you claim title to disposal area?
NA Yes No
If no, attach a letter granting permission from the
owner.

d. Will a disposal area be available for future
maintenance? NAY es No
If yes, where? NA

e. Does the disposal area include any coastal wetlands
(marsh), SAYs or other wetlands?
NA Yes No

f. Does the disposal include any area in the water?
NA Yes No

3. SHORELINE STABILIZATION

a. Type of shoreline stabilization
X Bulkhead _ Riprap

b. Length 402.06

c. Average distance waterward of MHW or NWL
0'

Form DCM-MP-2

d.. Maximum distance waterward of MEW or NWL
2'

e. Shoreline erosion during preceding 12 months
2'

(Source of information) on-site observation

f. Type of bulkhead or riprap material
Pressure treated lumber

g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfi1114 cu. yds.

h. Type of fill material Clean sand

:'.t

.('<

1. Source of fill material approved upland source

4. OTHER FILL ACTIVTTIES
(Excluding Shoreline SWhi1i7.:Rtion)

a. Will fill material be brought to site?
~ Yes No

If yes,
(1) Amount of material to be placed in the
water NA
(2) Dimensions of fill area 2.1 Acres
91,485 Sq.ft.
(3) Purpose of fill for roads, building
pads & waste treatment system

b. Will fill material be placed in coastal wetlands
(marsh), SAYs or other wetlands?
Yes ---X- No
If yes,
(1) Dimensions of fill area NA

(2) Purpose of fill

5. GENERAL

a. How will excavated or fill material be kept on site
and erosion controlled? Silt fence

Revised 03/95

p;::-r,c/\/r.n

DEe 2 2 1995

b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe, bulldozer

c. Will wetlands be' crossed in transporting equipment
to project site? _ Yes --1L- No
If yes, explain steps that will be taken to lessen
environmental impacts. N A

Signat.u:re

/ 1- 11a. ( ? ~

Date

Form .DCM-MP-3

UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.

a. Type and number of buildings, facilities, units or
structures proposed 8 single family
residences, clubhouse. pool. associated roads

b. Number of lots or parcels 2

'.
-f,

" ,
c. Density (give the number of residential units and the
units per acre) 16 total units on 6.8 acres
(2.35 units per acre)

d. Size of area to be graded, filled or disturbed
including roads, ditches, etc.91,485 SQ.ft.
(2.1 acres)

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, bas a sedimentation and erosion control
"plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted Being prepared

f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Asphalt

g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 15.28%

h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
. . Yes X No
If yes, date submitted

L ,De~be p~oposed method of sewage disposal.

Revised 03/95

~r-"r-II/C'f)

DEe 2 2 1995

Permitted low pressure pipe system

j. Have the facilities described in Item i. above received
state or local approval? Yes
(Attacb appropriate documentation)

k.. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
No discharlles proposed

1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Cape Hatteras Water Association

m.. Will water be impounded?
If yes, how many acres?

Yes ..K..-- No

n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? NA

Date

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

C!t{JZ.i /

1. APPLICANT'S NAME: Island Creek Partnership

2. LOCATION OF PROJECT SITE: Spencer Creek off NC 12 and Island Creek Drive,
Avon, Dare County.
Photo Index - 1989: 202-8: N 11 O&P 11, 12, 13 1984: 144-398: N 11 O&P 11, 12, 13
State Plane Coordinates - X: 3042500 Y: 607600

3. INVESTIGATION TYPE: CAMA/D&F

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 4, 1996
Was Applicant Present -No

u
'J

5. PROCESSING PROCEDURE: Application Received - February 10, 1996
Office - Elizabeth City

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation and Limited Transition
(B) AEC(s) Involved: PT, ES, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Low Pressure Septic
Planned - Same
(F) Type of Structures: Existing - Dwellings
Planned - Club House, Swimming Pool, Dwellings, Bulkhead
(G) Estimated Annual Rate of Erosion: 2' per year
Source - Applicants Agent, Joe Lassiter

(A) Vegetated Wetlands Shading: 1,170sq.ft.
"404"
(B) Non-Vegetated Wetlands
(C) Other Grading: 91,485 sq.ft.
Upland

DREDGED

[AREA]
FILLED

OTHER

7. HABITAT DESCRIPTION:

(D) Total Area Disturbed: 2.127 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No

8. PROJECT SUMMARY: The applicant requests a major modification to CAMA Major Permit #19-
89 to increase the number of approved dwelling units from 14 to 16, construct a club house and
swimming pool, and 402.68 linear feet of additional bulkhead on property located between Spencer
Creek and Pamlico Sound in Avon, Dare County.

Island Creek Partners
Bio Report
Page 2

Site Description

The applicants property is located the along sound side off NC 12 at the end of Island Creek
Drive in Avon, Dare County. The entire tract under development extends from NC 12 to
Pamlico Sound, and is bisected by Spencer Creek. For the purpose of this permit the area of
interest is confined to that portion of land located between Spencer Creek and the Pamlico
Sound, and consists of two parcels (referred to as Parcel A and Parcel B). The site is
accessed by a wooden bridge over Spencer Creek on Island Creek Drive. The total area of
the property in question is 6.8 acres (296,208 sq. ft.) and is bounded on three sides by
water. The northwest edge of the property abuts the Pamlico Sound, while the north eastern
portion of the tract abuts Spencer Creek. The average elevation of the property is
approximately 3.8' above Base Flood Elevation (BFE) and is in Flood Zone A(8').

Eight existing single family dwellings are serviced by a low pressure system located on the
east side of Spencer Creek. Five dwellings are located adjacent the Pamlico Sound and the
adjacent shoreline has been stabilized with a wooden bulkhead. With the exception of a small
wooded shed, no other structures are on the site. All development activities on the property
have been confined to the area directly west of the bridge.

The property is primarily high ground with several isolated pockets of "404" wetlands. There
is an extensive coastal wetland fringe along the shoreline. There is evidence of shoreline
erosion adjacent the bridge along Spencer Creek and according to the applicant an average of
two feet per year has been lost. Developed high ground areas are dominated by domestic
grasses while vegetation in the undeveloped high ground areas includes, but is not limited to,
Broom Sedge (Andropogon m.,.), Sea Ox-eye @orrichia frutescens), Wax Myrtle (Myrica
cerifera), Red Cedar (Juniperus vriginians), and Marsh Elder Qva frutescens). The high
ground graduates to coastal wetlands ranging from Salt Meadow Hay (Spartina Patens),
Black Needlerush (Juncus roemerianus) to Salt Marsh Cord Grass (Spartina alterniflora).

Proiect Description

Island Creek Partners request a modification to CAMA Major Permit #19-89. CAMA Major
#19-89 was originally issued to Avon Soundside Partnership on January 31, 1989, and
authorized the construction of the bridge over Spencer Creek. The permit was later modified
on January 18, 1991, to include: 1) construction of 14 residential units, a 538' bulkhead and
associated driveways on the eastern section of the property; 2) expansion of the existing
bridge; and, 3) construction of a commercial retail/office building and associated parking and
septic system. The size of the tract, on the east side of Spencer Creek, at the time of the
issuance of the permit was estimated to be 5.36 acres, with a density of 2.61 units per acre.

Island Creek Partners
Bio Report
Page 3

On January 25, 1993, the permit was transferred to Island Creek Partners and again modified
to include eight 25' groins to be located along the Pamlico Sound. On March 24, 1992, a
second CAMA Major Permit (#33-92) was issued to Island Creek Partners for the
construction of additional bulkheading along Spencer Creek adjacent to the bridge, excavation
of a channel and boat basin, mooring pilings, dock, and boat ramp.

The applicants have acquired an additional 1.64 acres adjacent to the original site east of
Spencer Creek for a total of 6.80 acres. Under the current modification proposal the number
of single family dwellings will increase from 14 to 16 units, with a density decrease equaling
approximately 1/4 acre per single family dwelling. The density calculated does not reflect the
proposed construction of a clubhouse and swimming pool on the property. The final aspect of
the proposed modification will be the construction of an additional 402.68 linear feet of
bulkhead along Pamlico Sound that will extend to the mouth of Spencer Creek.

The total area of land disturbing activity will be approximately 2.10 acres (91,485 square
feet), of which approximately 14,000 square feet will occur within CAMA's Area of
Environmental Concern (AEC) , No filling is proposed in coastal or "404" wetlands and is no
backfill has been requested in conjunction with the proposed bulkhead. Two of the proposed
dwellings will be constructed on pilings over 1,170 square feet of "404" wetlands. According
to the applicant's agent no land disturbing activity will occur in wetlands. It will be virtually
impossible to construct a dwelling without land disturbance. A comparison of the approved
plat and the proposed modification indicates a loss of "404" wetlands has occurred.
According to the permit (including all modifications), no "404" wetlands may be filled.

Anticipated Impacts

The modification, as proposed, will result in a total of 1.69 acres (73,779 square feet) of
impervious lot coverage. Impervious lot coverage within the AEC will be approximately .406
acres (17,709 square feet). Approximately 1,170 square feet of "404" wetlands will be
shaded by dwellings and may eventually be lost if current plats accurately reflect previously
built over wetlands. The bulkhead, while proposed landward of the coastal wetland fringe
will result in some temporary degradation during construction. Development of previously
undisturbed areas will result in the degradation or loss of several species of naturally
occurring vegetation.

CAMA Review and Land Use Plan Consistency

No unique remnant species, geologic formations or archeological site are know to be
associated with this location.

Island Creek Partners
Bio Report
Page 4

According to the Land Use Plan, Dare County supports the installation and maintenance of
estuarine bulkheads (pg. 56). The County also supports the Corps of Engineers' Nationwide
permit program (pg. 60). It is the Corps policy to minimize or avoid unnecessary impacts to
"404" wetlands. Review of this project indicates that total avoidance of wetlands may be
possible. The Land Use Plan also states that occasional losses of "isolated pockets" of
wetlands is acceptable when the level of alteration is minimal (pg. 60). The proposed
development appears to meet Dare County's desire to maintain a "coastal village atmosphere
by Land Use Planning techniques to guide the private sector market forces in the direction of
minimal commercialization with single family homes as a preferred type of development"
(pg. 80).

Based on my review it appears that the proposed modification, to CAMA Major Permit #19-
89, is consistent with the Dare County Land Use Plan.

Submitted By: Lynn W. Mathis
Date: March 1, 1996

Form DCM-MP-l

RF.(,l='''/~D

APPLICATION
(To be completed by all applicants)

DEe 2 2 1995

1. APPLICANT

a. Landowner:
Parcel A. J.R. & G.C. Hooper, O.E. Finch
Name Parcel B. Island Creek Partners
Parcel A. PO Box 39, C/O J. R. Hooper
Address Parcel B. 116 Sandy Ridge Rd.
Parcel A. Buxton
City Duck State NC
Parcel A. 27920
Zip 27949 Day Phone [phone]

NC

Fax NA

b. Authorized Agent:

Name Quible & Assoc. P.C.. Attn. Joe Lassiter

Address PO Drawer 870

City Kitty Hawk State NC

Zip 27949 Day Phone [phone]

Fax [phone]

c. Project name (if any) Island Creek

NOTE: Permit will be issued in name of
landowner(s), and/or project name.

2. LOCATION OF PROPOSED
PROJECT

a. County Dare

b. City, town, community or landmark
Avon

c. Street address or secondary road number
NC 12

d. Is proposed work within city limits or planning
jurisdiction? Yes X No

Revised 03/95

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

a. List all development activities you propose (e.g.
building a home, mote~ marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of 8 sllude family residences. club
house. pool roads. bulkhead construction

b. Is the proposed activity maintenance of an existing
project, new work, or both? exPaIlSion of an exist
project.
c. Will the project be for public, private or commercial
use? Public

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. (See attached narrative)

4. LAND AND WATER
CHARACTERISTICS

Parcel A = 1.64
a. Size of entire tract Parcel B = 5.16
Total = 6.80
b. Size of individuallot(s)

c. Approximate elevation of tract above MHW or NWL
4.0'

d. Soil type(s) and texture(s) of tract
Duckston and Corolla Fine Sand

e. Vegetation on tract Myrica cerifera. Juniperus
virgj.nicus. Juncus roemarianis. llex vomitoria.
Spartina patens

Form DCM-MP-l

f. Man-made features now on tract 8 simde familv
homes. waste treatment system. bridge. paved
road, maintenance shed, bulkheads

g. What is the CAMA Land Use Plan land classification
of the site? (Consul t the local land use plan.)

Conservation
_ Developed
Rural

Limited Transitional
_ Community
Other

h. How is the tract zoned by local government?
S-l

i. Is the proposed project consistent with the applicable
zoning? K....- Yes No
(Attach zoning compliance certificate, if
applicable)

j. Has a professional archaeological assessment been
done for the tract? Yes K....- No
If yes, by whom? NA

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ~ No

1. Are there wetlands on the site? X- Yes No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)

m. Describe existing wastewater treatment facilities.
on-site low pressure pipe system

n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effiuent, "wash
down" and residential discharges.) None

o. Describe existing drinking water supply source.
Cape Hatteras Water Association

5. ADDITIONAL INFORMATION

In addition to the completed application form, the

Revised 03/95

RECEIVED

DEe 2 2 1995

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

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 Tim Midgett - Midgett Realty
Address PO Box 250, Hatteras NC 27943
Phone [phone]

Nmne W.H.Fulghwm
Address 722 W. Riverside. Suffolk. VA 23434
Phone

Name Avon Soundside Partners
Address 116 Sandy Ridge Rd.. Duck. NC 27949
Phone

. A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

Form DCM-MP-l

Maior CAMA #19-89 Maior Mod. 10/24/90 Avon
Soundmde Partnership

Maior CAMA # 33-92 Island Creek Partners

. A cheek for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.

. A sigoed 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. 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.

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.

Please indicate attachments pertaining to your proposed
project.

Revised 03/95

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 ecu:h attcu:hment in the
spcu:e provided at the bottom of ecu:h form.

RFCEIVED

DEe 2 2 1995

Form DCM-MP-2

EXCAVATION
AND FILL
(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. 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.

Lenqt
h

Access
channel
(MLW) or (NWL)

Canal

Boat
, basin

Boat
ramp

Rock
groin

Rock
breakwater

Other

(Excluding
shoreline

stabilization)

Width

Average
Bxistin
9
Depth

pina1
Project
Depth

1.

EXCAVATION

a Amount of material to be excavated from below
MHW or NWL in cubic yards -0-

b. Type of material to be excavated N A

Revised 03/95

r:>rf'\r'I/l:'n .

DEe 2 2 1995

c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes -1L- No

d. Highground excavation in cubic yards -0-

2. DISPOSAL OF EXCAVATED MATERIAL

a. Location of disposal area N A

b. Dimensions of disposal area N A

c. Do you claim title to disposal area?
NA Yes No
If no, attach a letter granting permission from the
owner.

d. Will a disposal area be available for future
maintenance? NA Yes No
If yes, where? NA

e. Does the disposal area include any coastal wetlands
(marsh), SAYs or other wetlands?
NA Yes No

f. Does the disposal include any area in the water?
NA Yes No

3. SHORELINE STABILIZATION

a. Type of shoreline stabilization
X Bulkhead _ Riprap

b. Length 402.06

c. Average distance waterward of MHW or NWL
0'

Form DCM-MP-2

d. Maximum distance waterward of MHW or NWL
2'

e. Shoreline erosion during preceding 12 months
2'

(Source of information) on-site observation

f. Type of bulkhead or riprap material
Pressure treated lumber

g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 14 cu. vds.

h. Type of fill material Clean sand

i. Source of fill material approved upland source

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)

a. Will fill material be brought to site?
X- Yes No

If yes,
(1) Amount of material to be placed in the
water NA
(2) Dimensions of fill area 2.1 Acres
91.485 SQ.ft.
(3) Purpose of fill for roads. building
pads & waste treatment sYstem

b. Will fill material be placed in coastal wetlands
(marsh), SAYs or other wetlands?
Yes -1L- No
If yes,
(1) Dimensions of fill area NA

(2) Purpose of fill

5. GENERAL

a. How will excavated or fill material be kept on site
and erosion controlled? Silt fence

Revised 03/95

f" . H'I

DEe 2 2 1995

b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe. bulldozer

c. Will wetlands be crossed in transporting equipment
to project site? _ Yes -X- No
If yes, explain steps that will be taken to lessen
environmental impacts. N A

Form DCM-MP-3

UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-l. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.

a. Type and number of buildings, facilities, units or
structures proposed 8 single family
residences. clubhouse. pool. associated roads

b. Number of lots or parcels 2

c. Density (give the number of residential units and the
units per acre) 16 total units on 6.8 acres
(2.35 units per acre)

d. Size of area to be graded, filled or disturbed
including roads, ditches, etc.91.485 Sq.ft.
(2.1 acres)

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? Yes X No
If yes, date submitted Being prepared

f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Asphalt

g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 15.28%

h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted

i. Describe proposed method of sewage disposal.

Revised 03/95

f")r-"'r-II/t:'f)

DEe 2 2 1995

Permitted low pressure pipe system

j. Have the facilities described in Item i. above received
state or local approval? Yes
(Attach appropriate documentation)

k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effiuent,
"wash down" and residential discharges).
No discharges proposed

1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Cape Hatteras Water Association

m. Will water be impounded?
If yes, how many acres?

Yes .K.- No

n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? NA

Date