19960064 Ver 1_COMPLETE FILE_19961203

State of North Carolina
Department of Environment, wWTT ILTT Health and Natural Resources ` •
Division of Environmental Management
James B. Hunt, Jr., Governor dft
Jonathan B. Howes, Secretary p F= H N F:l
A. Preston Howard, Jr., P.E., Director
February 20, 1996
Dare County
DEM Project # 960064
COE #199601218
APPROVAL of 401 Water Quality Certification
Wanchese Fish Co.
Box 116
Wanchese, NC 27981
Dear Sirs:
You have our approval to place fill material in 1,750 square feet of waters and dredge 6,044
square feet of water for the purpose of shoreline stabilization and basin dredging at Wanchese Seafood
Co., as you described in your application dated 23 January 1996. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3025.
This approval is only vahd 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 and, 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.
Sincerely,
Attachment
PstI.ron Hove d, Jr. P.E.
?i
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
George Wood; Environmental Professionals, Inc.
960064.1ir
Environmental Sciences Branch. 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Atiirmative Action Employer • 50% recycled/10% post consumer paper
v
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199601218
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 26, 1996
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:
5Q
X01, G?>
29 ??
<?cP
Enclosed is the application of Wanchese Seafood Company for Department
of the Army (DA) authorization and a State Water Quality Certification to
construct two bulkheads and undertake maintenance dredging activities within
a manmade basin, on property located off NC 345, adjacent mill Landing Creek,
in Wanchese, 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 March 23, 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 land
Project Manager
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

2.
3.
HINTS 6
ION OF COASTAL MANAGEMEN'T'
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Wanchese Seafood Company
a "Wn ding Creek
Photo Index - 1989: 152-16 L-16/17 M-16
State Plane Coordinates - X: 3000800
LOCATION OF PROJECT SITE: East of NC 345, in the Village of Wanchese, Dare County,
d' t Mill Lan
INVESTIGATION TYPE: CAMA/D&F
1984: 140-506 V-10, W-9/10
Y: 777500
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/04/95
Was Applicant Present - Yes (Agent)
5. PROCESSING PROCEDURE: Application Received - December 22, 1995
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Community, Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial fishing, shoreline protection
(E) Wastewater Treatment: Existing - On-site
Planned - None
(F) Type of Structures: Existing - Fish house, restaurant, bulkhead, 3 old docks
Planned - 206 linear feet bulkhead, 3 new docks
(G) Estimated Annual Rate of Erosion: 2'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DRED ED FILLED OTHER_
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands Kadin
Shallow Water Habitat 6,044 square feet 1,750 square feet 460 square feet
(C) Other Disturbed
Upland Area 2,943 square feet
(D) Total Area Disturbed: 11,197 square feet (.26 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to place a sheet pile bulkhead and backfill an
average distance of 8' waterward of NWL along 77' of shoreline of an existing basin, and along 129'
of shoreline of Mill Landing Creek. Within the basin the applicant proposes to dredge a 6,044
square foot area with existing depth of 3.3' below NWL to a final depth of 6' below NWL and
replace 3 piers.

Wanchese Seafood Company
Bio Report
Page Two
Site Description
The applicant, Wanchese Seafood Company, owns a total of 1.1 acres of land lying on
both sides of a 100' x 200' basin on the east side of NC 345 in the Village of Wanchese, Dare
County, adjacent Mill Landing Creek. At the landward end of the basin is a 15' x 30' public
boat ramp owned and operated by Dare County, which owns property north of this project and
a 20' - 80' wide strip lying between the western boundary of this site and NC 345. Elevation
of the land within the site averages approximately 4' above MSL.
Within the 35,000 square foot parcel lying to the north is a fish processing house and
restaurant. The western walls of these structures lie along the NWL of Mill Landing Creek.
A 6' x 170' wooden dock parallels the shoreline and lies approximately 8' waterward of NWL.
The restaurant's west wall noticeably bulges out in several places.
The 15,000 square foot triangular-shaped parcel lying south of the basin supports no
buildings but approximately 160 linear feet of shoreline has been protected by the installation
of sheet pile bulkhead, as authorized by General Permit #14911A issued in the fall of 1995.
Under the same authorization, a 3,200 square foot area of the basin near the connecting channel
has been dredged to a depth of 6' below NWL. On the southern side of the basin just east of
the recently dredged area are the remnants of three 5' wide wooden piers each with a length of
25' to 42'. As verified by a site visit on December 4, 1995, basin depths range from 1.5' NWL
to 6' NWL and connecting channel depths range from 7' NWL to 12' NWL.
Approximately 15 square feet of cord grass artin alterniflora) lies on a sand shoal
just waterward of the new sheet pile bulkhead and near the remains of the easternmost pier.
Along the 4' tall eroded bank at the southwest corner of the basin are a few small clumps of salt
meadow grass artin patens located high enough to escape flooding. Atop the bank one finds
a scattering of sea myrtle accharis halimifolia) and goldenrod. Just landward of the 6' wide
band of vegetation are extensive areas devoid of vegetation with soils compacted by heavy
vehicular traffic accessing the Moon Tillet Fish Company site.
No beds of submerged aquatic vegetation were noted within the basin or in the affected
area of Mill Landing Creek.
Proposed Development
The applicant proposes to construct 129 linear feet of sheet pile bulkhead a maximum
distance of 9' waterward of NWL of Mill Landing Creek along the area immediately waterward
of the restaurant building. From the southeast corner of the building the bulkhead would
continue in essentially the same alignment for 50 linear feet along the fish house wall and tie into
an existing sheet pile bulkhead. Average water depths are 2 feet below NWL along the
proposed bulkhead alignment.

Wanchese Seafood Company
Bio Report
Page Three
Also proposed is the construction; of a sheet pile bulkhead a maximum distance of 13'
waterward of NWL along 77 linear feet of shoreline at the southwest corner of the basin. Both
segments of bulkhead will be constructed an average distance of 8.25' waterward of NWL.
Within the southwest corner of the basin the applicant proposes to dredge by dragline a
6,044 square foot area with existing bottom contour 3.3' below NWL to a final depth of 6'
below NWL. The 604 cubic yards of material generated would be placed within a 2,943 square
foot high ground disposal area located 5' - 10' landward of an existing sheet pile bulkhead. The
applicant proposes to place the dewatered spoil behind the existing and proposed sheet pile
bulkheads.
Also proposed is the replacement of two 5' x 25' long piers and one 5' x 42' pier.
Anticipated Impacts
Approximately 1,750 square feet of shallow water habitat will be lost as a result of the
proposed bulkheading and backfilling. A temporary increase in turbidity is anticipated as a
result of dredging within the 6,044 square foot area. Approximately 2,943 square feet of
uplands will be disturbed by the placement of dredge material. Approximately 460 square feet
of shallow. water habitat will be shaded by the proposed construction of three piers.
Access to public trust waters will be improved for boaters using the Dare County Public
Boat Ramp.
CAMA Review
Dare County calls for estuarine shoreline development to be managed to protect and
preserve the natural resources of the estuarine waters, and requires that "development in
estuarine waters be water-dependent, related to development on the estuarine shoreline, or an
accessory use to a structure located on the estuarine shoreline" (pg. 53). As,to the installation
of estuarine bulkheads the County agrees "that properly permitted estuarine bulkheads are a well
established and accepted feature of the estuarine shoreline" (pg. 55).
it For public trust areas the County "supports the CAMA use standards" and seeks tc
provide for maintenance of existing waterways and harbors and to provide for additional access
to public trust waters" (pg. 55).
The proposed bulkhead and piers are water-dependent uses. The proposed dredging will
maintain an existing waterway and provide additional access to public trust waters. So long as
the proposal is found to otherwise satisfy applicable CAMA permit standards, it will be
consistent with the Dare County Land Use Plan.

Wanchese Seafood Company
Bio Report
Page Four
No unique remnant species, geologic formations, or archeological sites are known to exist
at this site.
Submitted by: M. Edward Harrell
Date: December 29, 1995
>!orm DCM-NIP-1
APPLICATION
RECEIVED
DEC 2 0 1995
(To be completed by all applican(s)
1. APPLICANT
a. Landowner:
Name Wanchese Fish Company
Address Box 116
City Wanchese State NC
Zip 27981 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City Kill Devil Hills State NC
Zip 27948 Day [Bone [phone]
Fax (91)) 441-0721
c. Project name (if any) Wanchese Fish Company
95-120
NOTE': Permit will be issued in name of landowner(s), and/or
prnject name.
2. LOCATION OF PROI'OSIID
PROJECT
a. County Dare
b. City, town, community or landmark
Wan h sp
c. Street address or secondary road number
NC 345
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Mill Landing Creek
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 tilling activities.
Bulkhead and maintenanc dr dgg
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposers
project. If more space is needed, please attach
additional pages. The applicant procoses t(
construct two bulkheads On will
stabilize the shoreline within the basil
the other will stabilize the base of
the fish house and restaurant. Maintenar
dredging of the basin is proposed and

will b a rQmn _
l i shed hZvLdrazLine

Revised 03/95
Form DCM-MP-t
Ill. Describe existing wastewater treatment facilities.
ground absorp inn ystam
DEC2?
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.33 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL +/- 4'
d. Soil type(s) and texture(s) of tract
udorthents
RECEIVED
n. Describe location and type of discharges to water.
of the state. (For example, surface runoff, sanitar•
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) some
wash down
o. Describe existing drinking water supply source. -
county
e. Vegetation on tract scrub thicket where
vegetated Spartina patens Juncus roemerianus
f. Man-made features now on tract
and restaurant
fish house
g. What is the CAMA Land Use Plan land
classification of the site? (Con.vdr file local 61nd use 176111.)
_ Conservation Transitional
X Developed X Community
_ Rural Other
h. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(A[tach zoning compliance ceTrifirrae, if (ll,l,licable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other X
If yes, has a delineation been conducted? No
(Allneh docununlalion, if available)
S. 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 03195
Form DCM-MP-1
RECEIVED
AFC 2 0 togs
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is ncccss;iry.
• A list of the names and complete addresses of (lie
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 continents
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 Moon Tillet Fish Co., Inc.
Address PO Box 183
Phone Wanchese, NC 27981
Name
Address
Phone
Name
Address
Phone
County of Dare
PO Box 1000
• A list of previous state or federal permits issued liar
work on the project tract. Include permit numbers,
permittee, and issuing dates.
G.P. ll 14911-A 11/14/95
• 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 fur 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 statument
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.
This is the 17th day of Nov. , 1995
Print Name Geor e H. W Qd, CEP
Signature
Lundorvnrr ar AulhoriZecl Agen!
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 the
apace 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 he given in feet.
Average final
I?xisting Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
Shoreline
stabilization)
110 1 60 1 -3.3' 1 -6.0'1
RECEII/ED
DEC 2 0 1995
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 604
b. Type of material to be excavated mud & sand
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Hibliground excavation in cubic yards None
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area ad jac n basi
h. Dimensions of disposal area average 140 x 30
c. Do you claim title to disposal area?
X Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes No
If yes, where? same area
Revised 03/95
RECEIVED
Form DCNI-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
F. Does the disposal include any area in the wate:1?
Yes X No
DEC 2 0 1995
If yes,
(l) Amount of material to be placed in the
water N/A
(2) Dimensions of till area N/A
(3) Purpose of till N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 77' basin 129' Mill Creek
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of till area N/A
(2) Purpose of till N/A
c. Average distance waterward of MHW or NWL
8.25' - creek 8.5' - basin
d. Maximum distance waterward of MHW or NWL
13' basin 9' creek
e. Shoreline erosion during preceding 12 months
+/- 2' basin 0' creek
(Source of information) applicant
f. Type of bulkhead or riprap material
sheet pile
g. Amount of fill in cubic yards to be placed helow
water level
(1) Riprap N/A
(2) Bulkhead backtill 24 c. yds. basin
79-c. y s. creeks
h. Type of till material sand
i. Source of till material material from maintenance
dredging
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
Revised 03195
5. GENERAL
a. How will excavated or till material be kept on site
and erosion controlled? dredge material
will be placed on highground landward of
sediment fence - when dewatered push
behind bulkhead and stabilized
h. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
dragline and dozer
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
95-120 Wanchese Fish Company, Inc
Appli nt or Project Name
Signa urc
11/17/95
Date