19961073 Ver 1_COMPLETE FILE_19961119

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Eugene Shelar
P.O. Box 337
Buxton, NC 27920
Dear Mr. Shelar:
?EHNF=4
December 31, 1996
Dare County
WQC 401 Project #961073
You have our approval to place fill material in 578 square feet of waters for the purpose of
constructing a bulkhead at a man-made canal on lot 363 Snug Harbor Drive, as you described in your
application dated 13 November 1996. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
r ston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney_
Central Files
John Parker; DCM
961073.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIVISION OF COASTAL MANAGEMENT 961073
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Eugene Shelar
2. LOCATION OF PROJECT SITE: On a man-made canal off Pamlico Sound, lot 363 Snug Harbor
Drive, Brigands Bay, Frisco, Dare County.
Photo Index - 1995: 172-1763 L 10 1989: 5-19-7 L 15 1984: 145-390 G 22
State Plane Coordinates - X: 3016250 Y: 567500
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/7/96 and 10/28/96
Was Applicant Present - Yes: 10/7/96 No: 10/28/96
5. PROCESSING PROCEDURE: Application Received - October 11, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Shoreline, Estuarine Water and Publ' Tnisf Water
(C) Water Dependent: Yes 19y
(D) Intended Use: Private 91
(E) Wastewater Treatment: Existing - None Ll - Planned - None TER UAL
Nf?i?[R 11P?1
(F) Type of Structures: Existing - None
Planned - None
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREG FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other:
Public Trust Water 577.5 Square Feet
Land disturbance
associated with the 332.5 Square Feet
bulkhead installation
(D) Total Area Disturbed: 910 Square Feet (.021 ac.)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Construction of a 70' wooden bulkhead adjacent to lot 363 on Snug Harbor
Dr. in Brigands Bay Subdivision, Frisco, Dare County. The bulkhead will be an average of 8.25'
waterward of the normal water line on a man-made canal off Pamlico Sound.
Eugene Shelar
Bio Report
Page 2
PROJECT SETTING
The project site is located in Dare County, more specifically lot 363 Snug Harbor Drive, Brigands Bay
Subdivision in Frisco. The applicant's property is vacant and is situated along the north side of a man-
made canal off Pamlico Sound. Located across the canal (to the south) is an undistrubed "Juncus" marsh.
The lots on either side of the applicants property are developed with single family residential units. The
applicant owns the adjacent lot to the west (lot 362).
The property in question, lot 363, is the only lot on the north side of the canal that does not have a
bulkhead, and according to the applicant the lot is eroding at a rate of three feet per year. The elevation of
the lot is approximately two feet above the normal water level in the adjacent canal. Lots adjacent to the
water in Brigands Bay are located in a flood zone, but the specific designation is not available in this
office.
Vegetation found on site includes domestic grasses, Pennywort (Hydorcotyle umbellata), Mound-lily Yucca
(Yucca gloriosa), Wax-myrtle (Myrica cerifera), Live Oak (Quercus virginiana), Persimmon (Diospyros
virginiana), and Loblolly Pine (Pinus taeda). No coastal wetland species were found on the site. No
improvements have been made to the property to date and the applicant has indicated that the lot will be use
as a vegetative buffer.
PROJECT DESCRIPTION
The applicant proposes to construct a 70' long wooden bulkhead an average of 8.25' waterward of the
normal water line (NWL). The proposed bulkhead will tie into the existing bulkheads located to the east
and west of the lot in question. The average depth of the canal within the project area is two feet. The total
area of shallow water bottom to be filled is 577.5 square feet and will require approximately 42 cubic yards
of fill material below the normal water line. The appplicant proposes to place an additiona 58 cubic yards
of fill above the normal water line for the finished grade.
Land disturbing activities will be confined to that necessary to install tie backs for the bulkhead. The
applicant would like to minimize the amount of disturbance to reduce possible damage to existing
vegetation on the property.
ANTICIPATED IMPACTS
1) If approved the bulkhead will result in the filling of 577.5 square feet of shallow water bottom and
Public Trust Water.
2) Temporary localized turbidity will occur around the project site.
3) While there have been sites identified near the applcant's property, no archeological sites are known
to be associated with lot 363.
Eugene Shelar
Bio Report
Page 3
4) There are no unique remnant species or geological formations known to be associated with lot 353.
CAMA REVIEW
A Land Use Plan consistency determination will be submitted under separate cover by John Thayer.
Submitted By: Lynn Mathis
Date:
October 28, 1996
OCT 1 1 1996
NARRATIVE DESCRIPTION OF PROJECT
I am requesting permission to construct a bulkhead on the north bank
of the canal at Lot 363 in Brigand's Bay in Frisco, NC. I am making this
request because of a desire to control erosion of the canal bank at this
point. The erosion has been accelerated this year (1996) because of storm
damage to a tree that was growing on the canal bank. This tree was blown
down to the north, exposing the sandy soil of the bank to the erosive action
of waves and to the wake from passing boats.
I am requesting a Major Development Permit because the two or
three feet of additional space between the bulkhead and the bank will
permit me to back-fill without cutting any trees and with minimum damage
to the other existing vegetation on the bank. This can be done by using a
small front-end loader with a four foot bucket and a minimum space
requirement of about six feet.
lD- 9-9 C
Eugene Shelar
P.O. 337
Buxton, NC 27920
[phone]
10/8/96
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name LW
. J3h 3y tom tic.9fiF-40
Address
OP, 7/"1A9?0/?<<,/Iv? c?folK,, ?l
City State ,Z 3s`c
Zip Day Phone Is 7- -Y$ 9-
Fax

OCr 1 1 1996
b. City, town, co unity or landmark
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? _y Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) _ e!?R -n A /
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name 1?v1?L
Address
City _
Zip _
Fax
c
Day Phone
State
Project name (if any)
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or fillinactivities.
C'o n s f n' uc f /??? / /r' ?i e ?t ?l a ? <?
b. Is the proposed activity maintenance of an existing
project, new work, or both? /l/F w ,s?off Ir
c. Will the project be for public, private or commercial
use?_ 0R/Va-fe
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. 2(' 170 lrtacsc h 4-
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
0
Aoy 5dx - 9.tlea .d'a ft
a. Size of entire tract )-,p f ? 6 3 y yco f!9 F>
b. Size of individual lot(s) Yfoo fo f f
c. Approximate elevation f tract above MHW or
d. Soil type(s) and texture(s) of tract
se\ -,, W
e. Vegetation on tract 4i N e vi, eeel
'Pe It tI -IN;Z eN 5'cUI'/JPiPa, dtv /?P/PRa'
Y" v?J o +? / 57rit /d x /YYt `7 1 /?OR d
f. Man-made features now on tract ?. c X63 Ae -L
XeZ gv!kb A,/ a-11 It It C,
sN
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
_ Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
-5'- /
L Is the proposedyroject consistent with the applicable
zoning? Yes No
(Attach zoning compliance certificate, if applicable)
j•
Has a professional
done for the tract?
If yes, by whom? -
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) Other
If yes, has a delineation been conducted?
(Attach docutnentation, if available)
archaeological assessment been
Yes 4--- No
m. Describe existing wastewater treatment facilities.
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.)
yr o i? e- .? e f 3 G
5e Pk (I i7? It - t -54
o. Describe existing drinking water supply source.
C;-1 y ) Al itfP)e - 4d7i
a
- A/4, Wi - - t, o f G
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name /loLeI?I V?vr??r ?!cZNC,, I
Address to Pot e Ve d w,1-
Phone I ea d kl /_.(&
Name l1 Jlew kkwl _S', Coukd e
Address 7! r, ,e .k,ir„ !'h n W / »
Phone S? f ????? ?es /f,G' :t 7 9 y9
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.
11 9 ?l

• 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.
OCT a 1 1996
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.
This is the day of 19
Print Name Jr? E W F (t 4 1 F
i
Signature ??/l Z?2? ___
landowner r Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
EAsting Project
LenYth Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

_^ `Tarr..'} r•.v ?••?I}v
.

`V-l/rF\\l%1.?i:ti:r :iSY JJ,..fS? ?•'?}1'./?/:

1996
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards )I n m --
b. Type of material to be excavated "e-
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vege tion
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards ?1o z, P--
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area gf A
b. Dimensions of disposal area KL IA
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCbt-NIP-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 016
If yes,
(1) Amount of material to be placed in the
water ?'' 17i Vd 9 OLE
(2) Dimensions of fill area 'I o < 2 k ,a
C
(3) Purpose of fill /t' C,/
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length 7L? ;gP e f
b.
Will fill material be placed in
(marsh), SAVs or of r wetlands?
Yes No
If yes,
(1) Dimensions of fill area _
coastal wetlands
(2) Purpose of fill
c. Average distance waterward of MHW or NWL
'? "P't- e --t-
d. Maximum distance waterward of MHW or NWL
Ap ?e C f'
5. GENERAL
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled? 5x d v „rpN J I
/7 e
(Source of information) J/Jr ii' S C 77 r (9 {7SC' it /h r:C ,?' /K 1, r n l , • . th FK C. C it C/
f. T e of bulkhead or-ripfap-nhitecial / i'P ?z-?L e o/
T" -r 1,r )7 C-"i'
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
-f-S-2, y,tg,?s - o 13R,?,q o /75i Ae.rz..l
h. Type of,fill material S A m J
i. Source of fill material ? -.S 1.7414C 71
1h??o;r l C??
14
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Y -Ft h r• !,',- -f
c. Will wetlands be cr: ssed in transporting equipment
to project site? Yes ';' No
If yes, explain steps that will be taken to lessen
environmental impacts.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
'K, Yes No
G If ;?
Applican Project Name
Signature
i?
Date
Revised 03195
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 r '
WILMINGTON, NORTH CAROLINA 28402-1890 {
I
IN REPLY REFER TO November 13, 1996
Regulatory Branch
Action ID No. 199703363
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:
Please reference the application of Eugene Shelar for Department of the
Army (DA) authorization and a State Water Quality Certification to construct a
wooden bulkhead waterward of the normal water line within a manmade canal, on
property identified as Lot 363, Brigands Bay Subdivision, located off Snug Harbor
Drive, in Frisco, 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 January 7, 1997, the District Engineer will deem that waiver has
occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch, telephone [phone], extension 23.
Sincerely,
g? tU/?G
Ralei Bland, P.W.S.
Regulatory Project Manager
Enclosure
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