20040741 Ver 1_COMPLETE FILE_20040506

Michael F. Easley, Governor

William G. Ross, Jr" Secretary
Department of Environment and Natural Resources

Alan W. Klimek, PE, Director
Division of Water Quality

Co1een Sullins, Deputy Director
Division of Water Quality

June 24, 2004

DWQ Project # 04-0741
Dare County
Page 1 of 3

Kenny J. Morris, Jr.
2817 Park Avenue
Wilmington, NC, 28403

Subject Property:

Lot 11, Hatteras Island Club
57226 Island Club Lane, Hatteras, NC

. Approval of 401 Water Quality Certification (GC3351) with Additional Conditions

Dear Mr. Morris:

You have our approval, in accordance with the attached conditions, to place fill material within
or otherwise impact 0.0158 acre of waters to construct a residence on your property as described
in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on
May 6, 2004. After reviewing your application, we have determined that the Division of Water
Quality (DWQ) General Water Quality Certification Number 3351 covers these water impacts.
This Certification allows you to General Permit No. 198000291 when issued by the US Army
Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not
limited to) erosion and sediment control regulations and CAMA. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.

This approval is 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 the
.. ,... ,.. ."- 'propert-y' is" sold; .thenew 'Owner must begi ven a 'copy oHhis Certification and approval letter and ' ,
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htto://h20.enr.state.nc.us/ncwetlands)
r"1.roo+^........... ~.........I...^.u. 1_D"77_Q"'1_Q""7AD

"

Kenny J. Morris, Jr.
Page 2 of 3
June 24, 2004

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:

Amount Approved Plan Location or Reference
(Units)
Stream N/ A (feet)
404/CAMA Wetlands 0.015 (acres)
Waters N/A (acres)
Buffers N/A (square ft.)

2. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Cent~r, Raleigh, NC, 27699-1650.
.,

3. Water Quality Certification

The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3351.

4. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
..".. deed. notification may be modified as appropriate.to.suitto-this project.

Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with yoUr proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.

If you do not accept any of the conditions of this Certification (associated with the approved
water impacts), 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,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.

Kenny J. Morris, Jr.
Page 3 of 3
June 24,2004

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 Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-
6481.

Sincerely,

A WK/cbk

~'f~'

r Alan W. Klimek, P.E.

Enclosures:

GC 3351
Certification of Completion

cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files

Filename: 0407 41Morris(Dare )401

~
~

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAME: Kenny J. Morris, Jr.

2 LOCATION OF PROJECT SITE: Lot 11, Hatteras Island Club, 57226 Island Club Lane, Hatteras
Village, Dare County, The Slash Creek, tributary to the Pamlico Sound
Photo Index - 2000: 171-2010, N 16; 1995: 171-153, P 3
State Plane Coordinates, X: 2989300; Y: 550000 GPS C032615A PHOTO ID 6538 & 6539

3. INVESTIGATION TYPE: CAMA

4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 26,2004
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - March 11, 2004
Office - Elizabeth City

7.

SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Shoreline,
(C) Water Dependent: no
(D) Intended Use: Private
(E) Wastewater Treatment: Existing -septic; Planned - none at this time
(F) Type of Structures: Existing- a bulkhead and County drinking water hook up;
(G) Estimated Annual Rate of Erosion: NA
Source - Applicant
HABITAT IMPACT DESCRIPTION:
EXCAVATION

I 636 sf (0.015 A)

Oil

','/ .;~ 'I

6.

FILL

[AREA]
SHADING

I (A) Estuarine Shoreline

(B) Total Area Disturbed:
(C) Primary Nursery Area:
(D) Water Classification:

636 sf (0.015 A)
No
SA; closed to shellfish harvest

8. PROJECT SUMMARY: This project involves the filling of a 636 square feet isolated freshwater wetland
area on Lot 11 in the Island Club Subdivision, Hatteras Village, in Dare County.

PROJECT SETTING

The application site is located at the end of Island Club Lane in the Island Club Subdivision in Hatteras
Village. The site is a vacant lot along the shoreline of Slash Creek. According to the North Carolina
General Warranty Deed provided with this permit application, this parcel is presently owned by Kenny J.
Morris of 2817 Park Avenue, Wilmington, NC.

~
t

Kenny J. Morris, Jr.
FIELD INVESTIGATION REPORT
Page 2

The site is approximately 5 feet above the Normal Water Level (NWL). Some filling activity has
occurred in the past on this lot, most of which is outside of the Estuarine Shoreline AEC. Any
filling that may have occurred within the Estuarine Shoreline AEC occurred as a result of bulkhead
backfill activity authorized by a general permit within the last few years and did not involve the
filling of any wetlands. The entire shoreline of the property is stabilized with bulkhead. The lot
is vegetated with Quercus virginiana, Myrica cerifera, Spartina patens, Spartina alterniflora,
Baccharis halimifolia, Salix spp., and Smilax, spp.

During the March 26, 2004, site visit, as indicated above, some wetland plant species were present
on the site. However, the soils had no readily visible evidence of standing water. The wetland
plants present are ones that are often found also in 'up' vegetative areas. This lot does not appear
to provide any coastal resource habitat landward of the bulkhead alignment (this is evidenced in
photographs taken on site--see DCM photo index indicated on the first page of this document).
However, the U. S. Army Corps of Engineers has delineated a portion of this lot as being within
their definition of '404' jurisdictional wetlands. CAMA jurisdictional Coastal Wetlands present
on the site consist of a 3 to 6 feet wide Spartina alterniflora fringe, waterward of the bulkhead
alignment. This vegetation appeared to be healthy and the area did exhibit evidence of small
finfish and other coastal resources.

The Slash Creek is approximately several hundred feet wide in the vicinity of this project. The
Slash Creek flows through Hatteras Village and connects to the Pamlico Sound both through
Hatteras Harbor, located on the northwest side of the village, and Sandy Bay, located on the
northeast side of Hatteras village. The waters of this creek carry the same water classification as
the Pamlico Sound. The North Carolina Environmental Management Commission has designated
these waters as 'SA' waters (suitable for shellfish propagation and harvesting); however, the
waters in the vicinity of the proposed development are closed to the commercial harvest of
shellfish. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the
waters of the Pamlico Sound as Coastal Waters.

The Coastal Resources Commission (CRC) has also designated these waters as Estuarine Waters
and Public Trust Areas of Environmental Concern (AEC). Also under the designation of the
CRC, a Coastal Shoreline AEC extends in a contour of 75 feet landward of the NWL. This
project work is located within the Estuarine Shoreline AEC.

~
1

Kenny J. Morris, Jr.
FIELD INVESTIGATION REPORT
Page 3

PROJECT DESCRIPTION

This project involves the filling of 636 square feet of area that has been delineated by the
USACOE as '404' wetlands. This area is over 45 feet from the existing bulkhead. The proposed
fill area will be used as part of the house foundation footing area. No volume of fill was presented
in the application quantifying the amount of fill being proposed. It is estimated that the volume
will not exceed 30 cubic yards. Although the attached application references the construction of a
single-family structure, this review only concerns the proposed fill within the Estuarine Shoreline
AEC. The house construction was previously authorized by Dare County via CAMA Minor Permit
No. 2000-17. An approval of this fill by the Division will allow the applicant to revise their
single-family structure house plan, and either modify or re-apply for a CAMA Minor permit that
can utilize the fill area for the house structure footing and driveway areas that were not included in
the previous permit.

ANTICIPATED IMPACTS

The impact that can be anticipated by this project is associated with the filling of the above
referenced fill within the Estuarine Shoreline. Although this area has been delineated as a
USACOE jurisdictional wetland, the area is isolated from any nearby coastal resources. The
proposed fill will be landward of the Coastal Shoreline Buffer Area, and will not result in a
significant loss of coastal resources. The fact that the lot was developable under an earlier minor
permit for a single-family residence raises questions of whether avoidance and minimization of the
need for wetland fill has occurred.

Submitted by:
Date:

Dennis W. Hawthorn
April 28, 2004

E;J;J(

Development Type

I. privale, non-commercial
development IMal does nollnvolve
the liffing or excavallon of any
wetlands or open waler areas:

II. Public or commercial development
thaI does nol involve the filling or
excavallon of any wellands or open
waler areas:

III. Far davalopmenl thaI Involves the
IIl1inl1 anellor excavation of up to 1
acre of wetlands anellor open waler
areas, delennlnelf A. 8. C, or 0
below appnes:

III(A). For Private, non-commerclal
developmen~ If General water Quanty
Certification No.3301 (see attachad)
can be appllad:

111(8): For public or commercial
developmen~ If General water QualIty
Certification No.3301 (see attached)
can be applied:

11I(0). If General Water Quality
Certification No. 3301 (see attached)
could be epplied, but OCM staff
detennined thaladdltlonal review and
written owe concurrence Is needed
because of conceF'l'Ui related to water
quality or aquatic Ilre:

III(D), If General Water Quality
Certification No, 3301 (see attached)
can not be applied:

IV. For development that involves
the filling andlor excavation of more
than one acre of wetlands and/or
open waler areas:

3

$250

$400

$400

~_r

S400

(Y1~(t\)S

OCM%
(1430016010435100093162562531

100% (5250)

100% (S400)

100% (S250)

100% ($400)

60% (5240)

..M-

50% (5240)

60% (5285)

---

~r~

OWO%
(2'430016024351000952341

0% (SO)

0% (SO)

0% (SO)

0% (SO)

40% (S150)

40% (5160)

40% (5190)

11
i I':I:j
I - ..)0 Z'
.. 0 (') ~~tfj
0 ., :I: 9~
~ ::s
Ln i ~ t:l~
IJ.l ;:+-\ ~><B
0 c
0 t,,, i ~~~
0 ~ a '
CD
... W ..
..[J -. ~~.~
[]-:I ~~
- ~~~
.. ~
0
,,' t'. 0 ~
0 .
[]-:I
r ~
--:J 0
0 ~
...
--:J ::n
0 .....
0 Z
--:J .0
...
t;j
... ~
..[J ~
n.J
OJ
t;j ~
~ -g.
i eJ
1 CJl g
~ \. Ej) !
Ie -"
~ I'l t;~ c.o
jif I\:)
I :lili OJ

'1

CAMA MAJOR NARRATIVE
Kenny J. Morris, Jr.
Lot 11, Hatteras Island Club
57226 Island Club Lane
Hatteras, NC

Development Activities: 636 SF Fill in 404 Wetlands
Construct 28' X 30' residence (per CAMA Minor 2000-17)
Construct driveway (per CAMA Minor 2000-17)
Construct septic system

PROJECT DESCRIPTION

The applicant is the owner of Lot 11 in the Hatteras Island Club subdivision off of Island Club Lane.
The site exists as a vacant lot, with an existing bulkhead along Slash Creek. The applicant plans to
construct a single family residence on his property per CAMA minor permit 2000-17 which will result in
the filling of 636 SF of a 404 wetland pocket surrounded by highground soils and vegetation. The pocket is
a small isolated depression located outside of the 30 ft buffer. To build the residence and meet all
applicable setbacks, the wetland pocket will require fill. The house and driveway and septic system have
an existing CAMA Minor permit, but will require fill in the 404 wetland area to allow for construction,
The CAMA Major is hereby submitted to account for the fill and receive authorization to discharge the fill.

The fill is an unavoidable impact due to the small nature of the parcel along with the setback and boundary
configuration. No other wetland impacts will be requested to construct the residence.

No work in public trust waters is requested by this application.

Contractor to assure that all construction meets Dare County Building Code.

Total Area within 75 ft AEC 5,871 SF
Impervious Area within AEC 1,562 SF (26.6 %)

Prepared By: Kendall Turnage
Environmental Professionals, Inc,
September 30, 2003

f'

Form DCM-MP-l

APPLICATION

(To be completed by all applicants)

b, City, town, community or landmark
Hatteras. NC

1. APPLICANT
a, Landowner:
Name Kenny 1. Morris. Ir.
Address 2817 Park Avenue
City Wilmington State NC
Zip 28403 Day Phone see agent
Fax see agent
b. Authorized Agent:
Name Environmental Professionals. Inc,

c. Street address or secondary road number
57226 Island Club Lane

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

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

3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT

City Kill Devil Hills

State ~

a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Fill 636 SF of 404 iurisdictional wetlands to allow for
home and drivewav construction authorized under
CAMA Minor 2000-17.

Address PO Box 3368

Zip 27948

Day Phone [phone]

Fax [phone]

b, Is the proposed activity maintenance of an existing
project, new work, or both? both

c, Project name (if any) Kenny 1. Morris Jr.

c. Will the project be for public, private or commercial
use? private

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

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. to provide room for house and driveway to be
placed as to constrict the septic system as far away
from surface waters as possible to protect water
quality.

2. LOCATION OF PROPOSED
PROJECT

a. County Dare

n^..':..^..II\"J/n~

Form DCM-MP-l

4. LAND AND WATER
CHARACTERISTICS

a, Size of entire tract 0.17 ac (7,211 SF)

b. Size ofindividuallot(s) N/A

c. Approximate elevation of tract above MHW or NWL
2-5 feet

d. Soil type(s) and texture(s) of tract
Sandy soils

e, Vegetation on tract Quercus vugInlana, myrica
creifera.. spartina alterniflora.. baccharis halimifolia

f. Man-made features now on tract bulkhead, water
line

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

Conservation
_ Developed
Rural

Transitional
-L Community
Other

h. How is the tract zoned by local government?
Residential

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

J. Has a professional archaeological assessment been
done for the tract? Yes ~ No
If yes, by whom?

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

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

m. Describe existing wastewater treatment facilities.
none existing. individual septic system planned

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.) sandy fill in 404
wetland pocket

o. Describe existing drinking water supply source.
Dare County water system

5. ADDITIONAL INFORMA nON

In addition to the completed application fonn, 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 71,0203 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,

Form DCM-MP-l

. 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 Maior Trouble Limited Partnership
Address PO Box 2147 Greenville. SC 29602
Phone

Name Burton and Johanna Greene
Address PO Box 114. Hatteras. NC 27943
Phone

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

CAMA Minor 2000-17

· 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

D.......:........:I O"2/OC

the application. The project will be subject to
and restrictions contained in the permit.

I certify that to the best of my knowledge, thl
activity complies with the State of North
approved Coastal Management Program an
conducted in a manner consistent with such pro,

I certify that I am authorized to grant, and do in
permission to representatives of state and fed~
agencies to enter on the aforementioned lands ir
connection with evaluating information relat
permit application and follow-up monitorir
project.

I further certify that the information provid
application is truthful to the best of my knowled

This is the 2nd day of October ,2003.

Print Name /(e~d"" (/ 'Two,,,,,) e CAJt!'..,t;

....-z/ -::.,4'/ ;"
Signature /t..,!.J.,'i-CP ,;'~.t' (;ltiC',
Landowner or Authorized Agent -r

Please indicate attachments pertaining to yoU!
project.

l DCM MP-2 Excavation and Fill Inform,
l DCM MP-3 Upland Development
-1L DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development

NOTE: Please sign and date each attachm
space provided at the bottom of each}

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.

Access
channel
(MLW)
(NWL)

Canal

Boat
basin

Boat
ramp

Rock
grom

Rock (rip rap)
breakwater

Other
(404 fill outside 0
30 ft buffer)
636 SF

Revised 03/95

Le th

Width

Average
Existing
Depth

Final
Project
Depth

o

nel
r N/A -------- -------- -------
N/A -------- -------- --------
N/A -------- ------- -------
N/A -------- ------- -------
N/A -------- ------- -------
N/A -------- ------- -------
see plat see plat 2 feet 4 feet
Mll:T. Mll:T

1. EXCAVATION

a, Amount of material to be excavated from below
MHW or NWL in cubic yards N/ A

b. Type of material to be excavated N/A

c. Does the area to be excavated include coastal
wetlands? Yes No N/ A

d. Highground excavation in cubic yards N/ A

2. DISPOSAL OF EXCAVATED
MA TERIAL

a, Location of disposal area NI A

b, Dimensions of disposal area N/ A

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

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

Form DCM-MP-2

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

f. Does the disposal include any area in the water?
Yes X No N/A

3. SHORELINE STABILIZATION N/A

a. Type of shoreline stabilization N/ A
Bulkhead Riprap

b, Length N/ A

c. Average distance waterward of:MHW or NWL
N/A

d. Maximum distance waterward of:MHW or NWL
N/A

e, Shoreline erosion during preceding 12 months
N/A
(Source of
information)

f. Type of bulkhead or riprap material
N/A

g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill N/ A

h, Type of fill material N/ A

1. Source of fill material N/ A

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)

a. Will fill material be brought to site?

Revised 03/95

x Yes No
If yes,
(1) Amount of material to be placed
water None
(2) Dimensions of fill area , See pIal

(3) Purpose offill Residential cons

and to place septic system away fr,
waters.

b. Will fill material be placed in coastal VI
(marsh), SA Vs or other wetlands?
X Yes No
636 SF pocket of isolated 404 wetlands

5. GENERAL

a. How will excavated fill material be ker
and erosion controlled?
Silt fence

b. What type of construction equipment VI
used (for example, dragline, backhoe, c
hydraulic dredge)?
Dump truck and front end loader

c. Will wetlands be crossed in transportin
equipment? Yes X N
If yes, explain steps that will be taken t
environmental impacts,

Kenny 1. Morris, Jr.
Applicant or Project Name
.....1/ II ~I ./
A-t1'~~ I' ,~~:.e
Signature '

ItJ/P:Z/C:J
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-!v1P-1. 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.
1 house, driveway

b. Number of lots or parcels 1

c. Density (give the number of residential units and the units
per acre) 1 per 0.17acre
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. 0.1 acre

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 N/ A

f. List the materials (such as marl, paver stone, asphalt, or
or concrete) to be used for paved surfaces.
No gravel or concrete driveway proposed

g, Give the percentage of the tract within 75 feet ofMHW 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. 26.6 %

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 N/A

1. Describe proposed method of sewage disposal.
On site sewage system after Dare County Health
Department approval

j. Have the facilities described in Item i. above received

state or local approval? No, not applied for yet
(Attach appropriate documenlallon)

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).
surface runoff, conventional septic system

1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc,)
Dare County Water System

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

Yes

X No

N/A

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

N/A

Kenny 1. Morris, Jr.
AjU?licant or froject Name
~,b .J:-~~~
Signature ..r
itJ/ OJ. /d.~'
Dale'

(~""~-I ')

Form DCM-MP-4

STRUCTURES

(Construction within Public Trust Areas)

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 which relate to this proposed project.

a, Dock(s) and/or Pier(s)
(1) Commercial
(2) Number
(3) Length
(4) Width
(5) Finger Yes No...L
Piers
(i) Number
(ii) Length
(Hi) Width
(6) Platform(s) Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/ A
(8) Proximity of structure to adjacent riparian property
lines N/ A

N/A
Private _ Community _

(9) Width of water body N/A
(10) Water depth at waterward end of pier at MLW or
NWL N/A

b,

Boathouse (including covered lifts)
(1) Commercial
(2) Length
(3) Width

N/A
Private

c,

Groin (e.g, wood, sheetpile, etc.) N/A
(1) Number N/A
(2) Length

d.

Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from WIW, NWL, or
wetlands
(3) Maximum distance beyond WIW, NWL or
wetlands

e,

Mooring buoys N/A
(1) Commercial Private _ Community_

(2) Number N/ A
(3) Description of buoy (Color, inscription, size, anchor, etc.
N/A

(4) Width of water body N/ A
(5) Distance buoy(s) to be placed beyond shoreline
N/A

f. Mooring structure (boatlift, mooring pilings, etc,) N/A
(1) Commercial _ Community Priv
(2) Number
(3) Length
(4) Width

g. Other (Give complete description)
Proposed house and deck per CAMA Minor 2000-17
Proposed gravel or concrete drive per CAMA Minor
2000-17
Conventional septic system

Kenny J. Morris, Jr,
Applicant of Project Name

'7~,~ it/' ~Z-I~,
Signature '

1/1 / /
/ '-'/ C.:2/ 0.3
Date' f

(/tJ,""f- )

"

County Dare

~
OJ~
?

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ill 200411085

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner/Agent: Environmental Professionals--Aeent
Address: Post Office Box 3368
Kill Devil Hills. NC 27948
Telephone No.: 252-441-0239
Size and location of property (waterbody, road name/number, town, etc.) Lot 11. Hatteras Island Club.
owned bv Kennv J. Morris. Jr.. consists of 7.211 square feet as shown on plat provided bv W.M.
Meekins Jr. & Assoc.. Inc.. plat number HAT-549-98. revised on 12-13-01. Property located
adiacent to The Slash in Hatteras. North Carolina.

Indicate Which of the Followine Apply:
There are waters of the U.S, and/or wetlands on the above described property which we strongly suggest should
be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a fmal jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more
timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff
will review it, and, if it is accurate, we strongly reconunend that you have the line slU"veyed for final approval
by the Corps, The Corps will not make a fmal jurisdictional determination on YOlu" property without an
approved survey.
~ The waters of the U.S. and/or wetlands on your property have been delineated and surveyed, and the limits of
the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S" to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
X The property is located in one of the 20 Coastal Cotmties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Elizabeth City, NC, at [phone] to determine their requirements

Placement of dredged or fill material in waters of the US and/or wetlands on this property without a
Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33
USC 1311). A permit is not required for work restricted entirely to existing non-wetland area. If you
have any questions regarding this determination and/or the Corps of Engineers regulatory program, please
contact William Wescott at 252-975-1616 extension 25.

Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland
Delineation Manual. and is adiacent to The Slash which connects to Pamlico Sound.

'7'..Lf,&7,..f /~.........
Property Owner/Authorized Age~t Si~ature ~r/~ ~~ (, . "()e,i1..)L )

Corps Regulatory Official WJlQA.&-. {^J.Q1~G

Expiration Date 2-2-2009

Date 2-2-2004

SURVEY PLAT OR FIELD SKETCH OF THE DESCRlBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM

..
Ul
.-I ct
rtl
s::
s:: 0
0 ..-1 \:)
.-I Ul
Ul
Q) -
'H
0 II
H
0., '-
"-
.-I '<:I'
rtl 0
+J ........
s:: O)E-l
Q) O~ '\J
a ........
M j
0 ..
H .. s::
..-1 , Q) ~
:> u +J rtl \,
s:: s:: rtl H
~H ClCl

Ul
s::
o
>..-1
H..-I
o 0.
.jJ
Ul s::
o
Q)
'0 U
Q) s::
Ul Q)
0'0
0.-.-1
o Ul
H Q)
0., H

N

H
s:
z
s
o
H
'H
;:, s::
o.~
'+J
o rtl
M H
rtl
0.
Q)
Ul

~
S
..-1
s::
..-1
~

rtl
H
o
.-I
rtl'H
S::..-I
..-1 s::
+J H
H Q)
rtl.jJ
0..-1
U"lF't:

'0
rtl
Q)
.c::
~
.-I
::l
:'\

~

~

N35L1'3L3O" ,

~.
f'
~,

11 ~-~-
c.n ,___

. / \I{...
"'.~
'/'- "
f,

..\
.. .. . 0&
..

" ......"

'II!

. ~"..:
. ~~,
~~:;.;o-'3
~ .

:' L G

.

. N35Ll'3L15

.
.

~
~~
\
\
r,
'..
""
- .")

~ --'
'(. ....~

-J
l'
I, J'.-"'"
\" ---, ,"~
"'aj

. N35'-12'45

.

':,'

.:','..

LEGEND

, '~... -""}"~ ~ ~\ /""',. , '::0. \ ~4,~"r' ''',;' ... 7, .
.... \,,'''1~''1-'' 't., " r'~' .... 1 t , ~(l-' - 1 ~L~.tI _".'
)\ L~ /t-. "-.... V ........-"'t ...)._ / I '...
" ;1 - -- ... ""'~ > ....1' A^~'- ,~- ' -, ,"\ ,('~
\1 ,..".: \'~~.r~>....c.(~ ...'....... '" "r-.' ~ '1J '-'1'0', l~ "
1, ,- --.. ,,( :i:ri' " c, ~~.. ( ,~-.,,_/ I ' ~' ~ ,)' ,"'+,~.
__~... ".-"".'......... ~ ~ ~.. .I 't ' ,h /~ \.
'--1 ,. .,.'-".. " ')-', "" /.'
, ...1 ( ., "'- # . A' 01, ~ .....,\ f
i\ 1"'. \.h. '>-'-, "-V....... D ,~. \ Ij>:- -;. ,""
__ :\ .; _:~.~.~ ,,~'\ .~'t-\t....,-)._~ -'l.....(;. /~.... '\:"
;J~' - .' I lw... ."OJ S,-l.;"TLI -t~\V"'"'. ":'. .
I . .....,. J ') '~;~''2 ~ 1( ~ ,.'
J ... ~ ^ #i", ~ ;tt<rf;f' \,.. .". .... (,'"
;'lIlt " ,'" ", .....,1~. >.~. . ...If'
I , ~, ."'/' ,'" ) i ..... '1'-' .~ ~,.' ,~.' ~~
__ -';11 1I , '/ OJ, {,\5~"t'l 'T '".~. ,
'1 ... Ill.>t.. . ,J1 \ --d/. ... .'~ \ ,',:10 t!
I ~. ~-:- ~,,,,..., ,,*,,~'\t.f'=';:'f' -;1" ''t > ," "" .-
....~. ,"..... ... . ....... I 1..1. .", f-f .,., "
I f." .~~~.... /... ",,!;'::::(;:$ ....- 1 ,,,)t. r . ~.\ , {. \. \ .~~'.
'L:~~X~ ~\'~;."<11' ..r' / / :~"/ ,~,.'~ ~:~.,;;.
i'~----". ~~'i-1:~1~~ ....yo- ~,/J ~ '"~ ) I ). (,0 ~ "..... ."
'I I t '~"'~-:J, ,:\.,~:'t~ >~; ,'t. \ ').0 ~ \ ~.' It?' I ~ ,~'
J : t~.,'.r '\:,:.,,,,t ,f" .\ \ .J!""~l .... 'f.. .t.l; '/("'/"l~''''
~'-~~=..:k...-.l-"l..-~!.t..L~:LJ._~'...-,'~~~-

___ VICJN IT~_M~p--,]l~___---
J~
-- -~.;:::
~-- --- ---::-'-~
II ,.......... --- -- ~
~ l~oJ?'~~'(\u"n
Cj)~I;'......,~~~
l\~(l\\'-~~
~-,:.---
--~~
~

404 O,\T,\
Points Bearing !listance

~:;q : :~~:l:]~'\~-

A3-B1 l S 5Z'S3'lS"W 21,11'
81-82 N 61'S9'S3"W 8,84'
fl2-B3 S 01'4041"E 1453'
lll:AL JL8.12!2L -.-31'

NOTES:

1, FJRM, ZONE:" AE" /6,0'
SUBJECT TO CHANGE BY F,E,MA
2, MAP REFERENCE MADE TO
"HATTERAS ISLAND CLUB"
MB, - 8, PG, - 55
DARE COUNTY REGISTRY,
3, PIN #0695852081324
4, THIS SURVEY IS SUBJECT TO ANY
FACTS THAT MAY BE DISCLOSED
BY A FULL AND ACCURATE TITLE
SEARCH,

. EXISTING CONCRETE MONUMENT
. EXISTING IRON PIPE

THE SLASH

LOT 11
1.211 sq ft

lUPLANDS)

A3 A2
,0- -_ -()
/ Y
// I
B2 // H I
()., / I
'1....... / ,
\ yy/
~ 636 sq ft I
B1 WETLANDS I ~
A ~
--------'-'AiI~ ~
=
\ - ~
\
, \
z\

f

cci
C'-J

LOT 10

\
\
6- --
83

LOT 12

Ln
,-"
I
o
a.
"";

'\

IH~ (f.'Hlms THAI JHIS (01')' Of IlflS Pl,\! MCURATEl Y OEPlns rH, 4- /",
BOt'Nf)~,R'I OF THE JUmSOICTION Of SErTiOtl ~o~ Of THE (LEAN ~IA TEA An ~. <:.>,;::
UNDER HiE PRESENT LAW AIIO rt(GULAIIOtIS AS DmRMlllfO BY lHE ~. <:9,
UII\JEHSI(,IIW ON HIlS O^ IE UNLESS THERE IS A (HANGE III HIE I AI; OR OI;R <:fa
PUP.LiSHl:O P,(GUlAIIONS. HIlS ll€IEFt\ltlAIION DE 5((110:1 \0\ JURlSOI(110!1 (?~
MA'{ BE W.li'O UPOll FOR A PERIOD 1I0T TO EXCEED FIVE IS) YEARS FROtllHIS r
DAlE, THIS DEIERMIN,\110N ~IAS MADE UTiLiZING THE 1961 CORPS OF ENGINEERS
"E1L>.I~O'; DEliNEATiON MANUAL ~

___lu~--'~U~_kL_______,___,_______ ----
NAlIE Of (!)RP~, REPRESENT/IlIVE

I
,

o:i
~

/
/

_~~CcVi"JHr&,'1p__ ,2et1:UL\L'~L _____.
1II1.E

/
/

~\

\II
~\
~\

/

/
/

/

~\

I
/

/

...;~~!:":l

-,_ _ '....0.... ..___,,___ ,-,_. -'""-,,, "..

:nv~s ~IHdVHD
'~J 0<: = qotlJ J
I I I
,O~ 0 ,01

I

,O~

'ONI ~OSSV .~(' SNI>l3:3~ 'V'fM ~OH:l N3>N1 dV~
^ lNO S3S0d~nd ElNIHI~~3d ~O.:l--NOIDn~lSNO~ ~Oj iON
9fO fO:H 80r 1>1 :A8 G3M3,^3~ V.:lS :A8 NMV~a
:^3~
r.O/6/ L :31VO ,Ol=,J :31V~S
VNIlO~VO H1~ON AINnO~ 3~VO
SVtI311 VH
8nlO GNVlSI SVH311 VH ~ ~ lOl
NOll VJllddV IIV'ltj3d tjorv V'l VV'lVJ
'~r SI~~O~ 'r ANN3>1

iN3rinNOV'l 3l3~~NO~ 'X3 - EJ
3dld NO~I DNI!SIX3 - 0
llVN ~Vri - W
aN3~31

(XV.:I) ~ZLO-l tt(Zgz)
6rzo- ~ tt(Zgz)
9t6LZ 8N 'SlllH 11^30 111>1

D

~,

--....

~._"

.tillIE.S.
1.) AREA = 7,211 sq. ft. / 0.29 acres (coord.meth.)
2.) AS RECORDED IN D.B. 1222, PG. 609
AND MB 8. PG 55: D.C.R.
3.) PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE (EL. 6)
SUBJECT TO CHANGE BY FEMA.
4,) THIS PROPERTY IS SUBJECT TO ANY EASEMENTS
THAT A MORE THOROUGH TITLE SEARCH MAY UNCOVER.
5.) PROPERTY OWNERS: I<ENNY MORRIS, JR
2817 PARK AVENUE, WILMINGTON, NORTH CAROLINA 28403
6.) PROPOSED COVERAGE:
PROPOSED HOUSE = 840 SQ. FT.
PROPOSED DECK", 240 SQ. FT.
PROPOSED DRIVE = 1,144 SQ. FT.
TOTAL = 2,224 SQ. FT.
7.) PIN # 95 85 2080 1324

~.

i""l!..~

c,:;,

~>
o

.-"

,,~~..-'
~\\'I~~"'"
s~"'Il:...'"
~.'ll.\,:.....,-
-,..'--:

VICINITY MAP
N.T.S.

,.-.-

9'j-Q..4 ~ ~ -

..."

~"",~",

/
/ I

SF PROPOSED ~LL AREA

./

,

N/F
MAJOR TROUBLE
L TO PARTNERSHIP
0.6. 1245, PG. 301
LOT 12

::\:::~:~

"
w~ '~.(J.
,p,~.~",I>-'
1<:> c,1>I

I
I
I

t$:~1r.-<1- t

WETLANDS INFORMA llON TAKEN FROM A '404'
PLAT PREPARED BY WESLEY M. MEEKINS JR.
DATED 12/13/01

....,...., ~

.. -

I

'''PROP,
','OroVE,

I
I
I

N/F
BURTON J. AND JOHANNA M. GREENE
AND ELLEN W. SLOANE
o.e, 1006. PG, 424
LOT 10

-.....

-.....

-.....

~

-.....

15:00' ' ,
_5 79'oJJO. "" -
1\\

\ ~ ISLAND CLUB LAN'T ~
-..... -..... ~\ 30' EASEMEN1 I
'" (STONE)

"" I

!-:j

-.....

-.....

-.....

~

ENVIRONMENTAL PROFESSIONALS, INC.
~ ~I~n~i~g f~~.? ~~tter Environment

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F, Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary

May 3, 2004

F..n~'141
,J ,~. '~~ ..

WETLANDS 1401 GROUP
MAY 0 ~ ;J004
WATER QUALITY SECTION

MEMORANDUM:

TO:

Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality

FROM: Doug Huggett
Major Permits Processing Coordinator

SUBJECT: CAMA/DREDGE & FILL Permit Application Review

Applicant: Kenny J. Morris, Jr.

Project Location: Lot 11, Hatteras Island Club, 57226 Island Club Lane, Hatteras Village

Proposed Project: Fill 636 Square Feet Area of Freshwater Wetlands

Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 24, 2004. If you have any questions regarding the proposed project, please contact
Dennis Hawthorn at [phone]. When appropriate, in-depth comments with supporting data
are requested.

REPLY:

_ This agency has no objection to the project as proposed.

_ This agency has no comment on the proposed project.

_ This agency approves of the project only if the recommended changes are
incorporated. See attached.

_ This agency objects to the project for reasons described in the attached
comments.

SIGNED

DATE

1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagementnet

An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight