HomeMy WebLinkAbout19990698 Ver 1_COMPLETE FILE_19990629
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
October 7, 1999
Regulatory Division
Action ID No. 199911229 and State Permit No. 93-99
Joseph Suttle, Jr.
3000 North Croatan Highway GtJ t'?' l
Kill Devil Hills, North Carolina 27948
Dear Mr. Suttle:
Reference your application for a Department of the Army (DA) permit to construct a wooden
bulkhead. on property located-off Swain Circle, adjacent to.the Currituck Sound, in Point Harbor,
Currituck County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of General Permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for any
other reason, plans revised to show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any such change or alteration.
Such action is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone (252) 975-1616, extension 23.
Sincerely,
U4- V*
Raleigh Bland, P.W.S.
Regulatory Project Manager
-2-
Copies Furnished:
Mr. John Dorney
Division of Environmental Management
Nfarth Carolina Department of Environment
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
N.
f >
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
October 7, 1999
Action ID No. 199911226 and State Permit No. 92-99
19D b5 Co
1 J vie, C??-?^'?l
Betsy Midgett and Todd Merriss
Post Office Box 517
Buxton, North Carolina 27920
Dear Mrs. Midgett and Mr. Merriss:
Reference your application for a Department of the Army (DA) permit to place fill material
within wetlands, construct a bulkhead, finger piers and a boatramp, and excavate a new boat
basin, on property located off NC Highway 12, adjacent to a manmade canal and the Pamlico
Sound, in Buxton, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of General Permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for any
other reason, plans revised to show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any such change or alteration.
Such action is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone (252) 975-1616, extension 23.
Sincerely,
" -4 Y"&\4
Raleigh Bland, P.W.S.
Regulatory Project Manager
1'1
-2-
Copies Furnished:
Mr. John Dorney
D' ion of Environmental Management
,4orth Carolina Department of Environment
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr William L. Cox, Chief
T etlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director -
1 fflcawh?
•
NCD-EN:R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 13, 1999
Currituck County
DWQ Project # 990698
APPROVAL of 401 Water Quality Certification
Joseph Suttle, Jr.
3000 North Croatan Highway
Kill Devil Hills, NC 27948
Dear Mr. Suttle:
You have our approval, in accordance with the attached conditions, to place fill material in 1182 square feet of
wetlands or waters for the purpose of constructing a bulkhead to stabilize the shoreline at your property as you described
in your application dated June 29, 1999. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification. -
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 send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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 919-733-9646.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
Doug Huggett, DCM
Sin re ,
PeSatevens
990698.1tr
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.html
MEMORANDUM
TO: John Dorney Regional Contact: Brad Shaver
Non-Discharge Branch WO Supervisor: slim Mullirgan
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Joseph Suttle, Jr. County Currituck
Project Number 99 0698 County2
Recvd From DCM Region Washington
Received Date 6/29/99 Recvd By Region 9/2/99
Project Type bulkhead
Certificates Stream Stream Impacts (ft.)
Class ;
Permit- Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA F_ PT--@ N F- 30-1 SC ?- 30,151. 0.03 ? F_-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y pp N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y * N
Is Mitigation required? Q Y O N Recommendation: QQ issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue no ennrlltlonS
Submitted 9/2/99
cc: Regional Office
Central Office Page Number 1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Joseph Suttle, Jr.
2. LOCATION OF PROJECT SITE: 1.50' south of the west end of Wright Memorial Bridge, east of
Swain Circle adjacent to Currituck Sound in Point Harbor, Currituck. County
Photo Index - 1995: 191-2012 W/X-8 1989: 131-1 0-4,5
1984: 127-711 H-13,14
State Plane Coordinates - X: 2947500 Y: 863900
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/08/99
Was Applicant Present - Represented
5. PROCESSING PROCEDURE: Application Received - 06/16/99
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck
Land Classification From LUP - Rural, conservation
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - 142'. of dilapidated bulkhead
Planned - New 197' long wooden bulkhead
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
W HEK
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow water habitat 1182 sq.ft.
(C) Other
(D) Total Area Disturbed: 1182 sq.ft. (.03 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct a 197' long wooden bulkhead a maximum
distance of 25' waterward of NWL and an average distance of 6' waterward.
Joseph Suttle, Jr.
Bio Report
Page Two
Site Description
Joseph Suttle, Jr. owns Lots 6 and 7 of the Raymond Singletary Subdivision located in
the Point Harbor Community in Currituck County approximately 150 feet south of the west
end of the Wright Memorial Bridge. Lot depth averages 150 feet and total frontage along
Currituck Sound is approximately 197 feet. The sole structural improvement on the property
is the remaining 142' of an old 197' long wooden bulkhead. To access the property one turns
south off US 158 Highway about 600' from the end of the Wright Memorial Bridge onto
Swain Circle (SR 1436). After traveling approximately 2/10 mile along this curving 12' wide
drive the subject lots will be located on the east (right-hand) side of Swain Circle.
Elevation of the parcels ranges 3'-4' above mean sea level. Vegetation noted on the
property includes lawn grasses, and trees such as oak, loblolly pine, and wax myrtle.
Wooden bulkheads in good condition protect the shorelines of the single family
residential properties lying north and south of the subject lots. Only 142 linear feet of an old
dilapidated 197' long wooden bulkhead which once protected the applicant's property remains
intact. A 55' long section of the north end has been destroyed with the exception of a few
pilings. The erosion escarpment lies 3'-25' landward of the pilings. Approximately 50' of the
remaining 142' of bulkhead has failed and along these sections the NWL lies 1'-3' landward of
the bulkhead. No wetlands were noted at the base of the escarpment or along the eroded areas
landward of the failed bulkhead. No .submerged aquatic vegetation was noted growing
anywhere along the old alignment.
The waters of Currituck Sound in the vicinity of the project are classified as SC by the
NC Division of Environmental Management. These waters are classified as Joint Fishing
Waters by the NC Marine Fisheries Commission and NC Wildlife Resources Commission and
as Estuarine and Public Trust Waters by the NC Coastal Resources Commission.
Project Description
Joseph Suttle, Jr. proposes to construct 197 linear feet of bulkhead a maximum distance
of 25' waterward of NWL and an average distance of 6'.
The construction of the bulkhead and the placement of material as backfill will eliminate
1182 square feet of shallow water habitat. Approximately 90 cubic yards of fill material
would be placed below the NWL and confined behind the proposed bulkhead structure.
Submitted by: M. Edward Harrell
Date: June 24, 1999
Quible
Quible & Associates, P.C.
PO. Drawer 870
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING IGtty Hawk, NC 27949
SINCE 1959 Phone: 252-261-3300
Fax: 252-261-1260
Sean C. Boyle, PE.
Joseph S. Lassiter, C.E.P.
CAMA Major Development Permit Application Eduardo J.Valdivieso,PE.
Junior $uttle
Lots 6 & 7, Swain Circle
Poplar Branch Township, Currituck County, North Carolina
Bulkhead Construction/Fill
Project Narrative
June 15, 1999
The subject site includes Lots 6 and 7 (11,491 and 8,085 square feet respectively) and is located
on Swain Circle in Poplar Branch Township, Currituck County, North Carolina, The subject site
is bordered on the east side by Currituck Sound. The proposed activity includes construction of
approximately 200 feet of wooden bulkhead with associated backfill and filling of approximately
733 square feet (approximately 28 cubic yards) of public trust waters (created by erosion in the
area of failed bulkhead). The wooden bulkhead will replace an existing, degraded bulkhead. The
new bulkhead will be constructed in front of the currently existing bulkhead and will be
waterward a distance sufficient to allow work between the two structures (approximately 2 feet).
The new bulkhead shall be a total average distance of 4.5 feet waterward of the old bulkhead and
this distance includes the erosion escarpment (23 feet depth by 55 feet length) along the northern
boundary of Lot 6. The desire to perform this activity resulted from continued erosion in this
area. The purpose of the proposed activity is to abate further erosion. The bulkhead will be
constructed using a backhoe to prepare the site and to place deadmen and tiebacks, a hydraulic
pump to place pilings and hand tools to fasten wooden components. Filter cloth will be placed
on the back side of the bulkhead to prevent silt or fine sand from passing through the bulkhead
into the sound. Following construction, the site shall be graded and seeded. No CAMA
jurisdictional wetlands or CWA Section 404 jurisdictional wetlands are going to be filled as a
result of the proposed project.
. Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
c. Street address or secondary road number
Swain Circle
a. Landowner:
Name Mr. Junior Suttle
Address 3000 N. Croatan Hwy.
City Kill Devil Hills State NC
Zip 27948 Day Phone (252) 441-1146
Fax (252) 441-1133 (w)
b. Authorized Agent:
Name Ouible & Associates, P.C.
Address PO Drawer 870
City Kitty Hawk State NC
Zip 27949 Day Phone (252)261-3300
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) Currituck Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, manna, bulkhead, pier, and
excavation and/or filling activities.
Construction of bulkhead, fill behind bulkhead
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance
c. Will the project be for public, private or commercial
use? Private
Fax (252)261-1260
c. Project name (if any) Suttle
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.
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
.PROJECT
a. County Currituck
4. LAND AND WATER
CHARACTERISTICS
b. City, town, community or landmark
Poplar Branch Township
a. Size of entire tract 0.45 Ac.
Revised 03/95
Form DCM-MP-1
b. Size of individual lot(s) Lot 6 - 11,491 SF,
Lot 7 - 8,085 SF
Approximate elevation of tract above MHW or NWL
4' - 5'
d. Soil type(s) and texture(s) of tract
Conetoe loamy sand
e. Vegetation on tract Loblolly nine, live oak, grass
type herb laver
f. Man-made features now on tract Annx. 150'
Old bulkhead
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
X Conservation
Developed
X Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
Residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X 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
Are there wetlands on the site? Yes X No
Coastal (marsh) Other.
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
Currently- None
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
Revised 03195
down" and residential discharges.) None
o. Describe existing drinking water supply source.
Currently - None
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 '/z" 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 '
i.
is
Form. DCM-MP-1
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name James & Sue McMullen
Address 100 Waterside Dr.
Phone Harbinger, NC 27941
Name F. Eugene Herring
Address PO Box 1585
Phone Kill Devil Hills. Nc 27948
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.
None
• 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.
This is the 15th day of June , 19 99 .
Print Name Junior Suttle
Signature r :s ?c
Landowner or Authorized A nt
l3 6.6 U l<<7?__ - GI; : 6(?L ? 4ssee.i s 4, C
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 Manna 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-I. 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
Existing Project
Leneth Width Denth Denth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Fill behind
Other bulkhead
(Excluding
shoreline
stabilization)
NA
NA
NA
NA
NA
NA
55' 23' l' -0-
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards NA
b. Type of material to be excavated NA
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 None
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? NA _ Yes _ No
If yes, where? NA
Revised 03/95
Form DCM-MP-2
e., Does the disposal area include any coastal wetlands
(marsh), SAVs 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 - 200'
c. Average distance waterward of WPV50L
4.5' (See Erosion Escarpment)
d. Maximum distance waterward of MWr-J''@r'NWL
23' at area of erosion Mend of Lot 6)
e. Shoreline erosion during preceding 12 months
2.5' (25' over 10 years)
(Source of information)
f. Type of bulkhead or riprap material Wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap NA
(2) Bulkhead backfill - 28 vds 3
h. Type of fill material clean sand
i. Source of fill material local 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
- 28 vds 3
(2) Dimensions-of fill area - 733 ft.z
55' along bulkhead. 23' landward at greatest distance
(3) Purpose of fill backfill behind bulkhead
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area NA
(2) Purpose of fill NA
5. GENERAL
a. How will excavated or fill material be kept on site and
erosion controlled? Fill material will be transported
to site as needed. No stockpiled fill will remain on-
site
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Backhoe
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.
Junior Suttle
Applicant or Proje t Name
ew. w:ar
Signature St°
June 15. 1999
Date
Revised 03195
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Direr
7?b
1Alr. Junior Suttle
3000 N. Croatan Hwy.
Kill Devil Hills, NC 27948
LT.?
?r
DENR
s CAROLINA DepArTMENT OF
.. '-ENvi T AND NATURAL RESOURCF_S
?P
July 2, 1999 .
PAYMENT
RECEIVED
Dear Mr. Suttle: P/??
6
Subject: Bulkhead
DWQ # 990698
Currituck County
On June 29, 1999, your application for a 401 Water Quality Certification fo e
construction of a bulkhead in Point Harbor was received by the N.C. Division of Water
Quality. The Division will begin to review the project for eventual decision. However,
please be aware that beginning January 1, 1999 that the N.C. General Assembly passed
legislation requiring payment of a fee of $200.00 for this project. The 401 Certification
cannot be issued until this fee is paid. Until that time, your application will remain on
hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
JJoSin rep,,,
cc: Central Files
Washington DWQ Regional Office
Washington Field Office US Army Corps of Engineers
Cyndi Bell
Wetland File
Doug Huggett; DCM
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
httpJ/h2o.enr.state.nc.us/wedandc.html
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 2, 1999
IN REPLY REFER TO
Regulatory Division
Action ID No.
Mr. John Dorney
Division of Envird nmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
PAYMENT
Raleigh, North Carolina 27607 RE-C,GiVED
Dear Mr. Dorney:
OVI\
-7 13, (??
?n
Please reference the application of Joe Suttle for Department of the Army (DA) authorization
and a State Water Quality Certification to construct a wooden bulkhead, on property located off
Swain Circle, adjacent to the Currituck Sound, in Point Harbor, Currituck 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.
in accordance with. our administrative regulations, in most cases, 60 days after receipt
of a request for certification is a reasonable time for State action. Therefore, if you have
not acted on the request, or asked for an extension of time, by September 2, 1999, the District
Engineer will deem that waiver has occurred.
1.
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, Regulatory Division, telephone (252) 975-1616, extension 23.
Sincerely,
04?
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. Junior Suttle
3000 N. Croatan Hwy.
Kill Devil Hills, NC 27948
Dear Mr. Suttle:
Subject: Bulkhead
DWQ # 990698
Currituck County
/••
MOM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 2, 1999
On June 29, 1999, your application for a 401 Water Quality Certification for the
construction of a bulkhead in Point Harbor was received by the N.C. Division of Water
Quality. The Division will begin to review the project for eventual decision. However,
please be aware that beginning January 1, 1999 that the N.C. General Assembly passed.
legislation requiring payment of a fee of $200.00 for this project. The 401 Certification
cannot be issued until this fee is paid. Until that time, your application will remain on
hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
)Si V11,
rne
y
cc: Central Files
Washington DWQ Regional Office
Washington Field Office US Army Corps of Engineers
Cyndi Bell
Doug Huggett; DCM
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
httpJ/h2o.enr.state.nc.ustwedandc.html
W
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1?•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 2, 1999
Mr. Junior Suttle
3000 N. Croatan Hwy.
Kill Devil Hills, NC 27948
Dear Mr. Suttle:
Subject: Bulkhead
DWQ # 990698
Currituck County
On June 29, 1999, your application for a 401 Water Quality Certification for the
construction of a bulkhead in Point Harbor-was received by the N.C. Division of Water
Quality. The Division will begin to review the project for eventual decision. However,
please be aware that beginning January 1, 1999 that the N.C. General Assembly passed
legislation requiring payment of a fee of $200.00 for this project. The 401 Certification
cannot be issued until this fee is paid. Until that time, your application will remain on
hold as incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
_ )Si el , -LI
orney
cc: Central Files
Washington DWQ Regional Office
Washington Field Office US Army Corps of Engineers
jrbdi Bell'
Wetland File
Doug Huggett; DCM
Wedands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
httpJ/h2o.enr.state.nc.ustwedandc.htmI
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Joseph Suttle, Jr.
2.
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/08/99
Was Applicant Present - Represented
5: PROCESSING PROCEDURE: Application Received - 06/16/99
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck
Land Classification From LUP - Rural, conservation
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - 142' of dilapidated bulkhead
Planned - New 197' long wooden bulkhead
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
7. HABITAT DESCRIPTION:
[AREA]
Bridge, east of
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow water habitat
1182 sa . ft.
(C) Other
LOCATION OF PROJECT SITE: 150' south of the west end of Wright <M
Swain Circle adjacent to Currituck Sound in Point Harbor, Currituck Coun
Photo Index - 1995: 191-2012 W/X-8 1989: 131 1..0-4,5,
1984: 127-711 H-13,14
State Plane Coordinates - X: 2947500 Y: 8639? 111.1 'M fl
(D) Total Area Disturbed: 1182 sq. ft. (.03 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct a 197' long wooden bulkhead a maximum
distance of 25' waterward of NWL and an average distance of 6' waterward.
Quible
6Zuible & Associates, P.C.
P.O. Drawer 870
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING atty Hawk, NC 27949
SINCE 1959
Phone: 252-261-3300
Fax: 252-26 1 -1260
Sean C. Boyle, PE.
Joseph S. Lassiter, C.E.P.
CAMA Major Development Permit Application Eduardo J. Valdivleso, PE.
Junior Suttle.
Lots 6 & 7, Swain Circle
Poplar Branch Township, Currituck County, North Carolina
Bulkhead Construction/Fill
Project Narrative
June 15, 1999
The subject site includes Lots 6 and 7 (11,491 and 8,08 square feet respectively) and is located
on Swain Circle in Poplar Branch Township, Currituck County, North Carolina, The subject site
is bordered on the east side by Currituck Sound. The proposed activity includes construction of
approximately 200 feet of wooden bulkhead with associated backfill and filling of approximately
733 square feet (approximately 28 cubic yards) of public trust waters (created by erosion in the
area of failed bulkhead). The wooden bulkhead will replace an existing, degraded bulkhead. The
new bulkhead will be constructed in front of the currently existing bulkhead and will be
waterward a distance sufficient to allow work between the two structures (approximately 2 feet).
The new bulkhead shall be a total average distance of 4.5 feet waterward of the old bulkhead and
this distance includes the erosion escarpment (23 feet depth by 55 feet length) along the northern
boundary of Lot 6. The desire to perform this activity resulted from continued erosion in this
area. The purpose of the proposed activity is to abate further erosion. The bulkhead will be
constructed using a backhoe to prepare the site and to place deadmen and tiebacks, a hydraulic
pump to place pilings and hand tools to fasten wooden components. Filter cloth will be placed
on the back side of the bulkhead to prevent silt or fine sand from passing through the bulkhead
into the sound. Following construction, the site shall be graded and seeded. No CAMA
jurisdictional wetlands or CWA Section 404 jurisdictional wetlands are going to be filled as a
result of the proposed project.
Form DCM-MP-1
r .
APPLICATION
(To be completed by all applicants)
c. Street address or secondary road number
1. APPLICANT Swain Circle
d. Is proposed work. within city limits or planning
a. Landowner: jurisdiction? X Yes No
Name Mr. Junior Suttle e. Name of body of water nearest
project (e.g. river.
creek, sound, bay) Currituck Sound
Address 3000 N. Croatan Hwv.
City Kill Devil Hills State NC
3. DESCRIPTION AND PLANNED USE
Zip 27948 Day Phone (252) 441-1146
OF PROPOSED PROJECT
Fax (252) 441-1133 (w)
b. Authorized Agent: a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Name Ouible & Associates. P.C. excavation. and/or filling activities.
Construction of bulkhead. fill behind bulkhead
Address PO Drawer 870
City Kittv Hawk State NC
Zip 27949 Day Phone (252)261-3300
Fax (252)261-1260
c. Project name (if any) Suttle
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance
c. Will the project be for public, private or commercial
use? Private
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.
2. LOCATION OF PROPOSED
PROJECT
a. County Currituck
b. City, town, community or landmark
Poplar Branch Township
4. LAND AND WATER
-CHARACTERISTICS
a. Size of entire tract 0.45 Ac.
Revised 03195
Form.D,CM-MP-1
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name James & Sue McMullen
Address -100 Waterside Dr.
Phone Harbinger. NC 27941
Name F. Eugene Herring
Address PO Box 1585
Phone Kill Devil Hills. Nc 27948
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.
None
• 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.
This is the 15th day of June , 1999
Print Name Junior Suttle
Signature
Landowner or Authorized Agsnt
py
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
space provided at the bottom of each form.
Revised 03195
Form-DCM-MP-2
e., Does the disposal area include any coastal wetlands
(marsh), SAVs 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 200'
c. Average distance waterward.of ??WL
4.5' (See Erosion Escarpment)
d. Maximum distance waterward of WRW_-55rNWL
23' at area of erosion (N.end of Lot 6)
e. Shoreline erosion during preceding 12 months
A 2.5' (25' over 10 years)
(Source of information)
f. Type of bulkhead or riprap material Wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap NA
(2) Bulkhead backfill 28 vds 3
h. Type of fill material clean sand
i. Source of fill material local source
4. OTHER FELL 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
28 vds 3
(2) Dimensions of fill area 733 ft.z
55' alone bulkhead. 23' landward at greatest distance
(3) Purpose of fill backfill behind bulkhead
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area NA
(2) Purpose of fill NA
5. GENERAL
a. How will excavated or fill material be kept on site and
erosion controlled? Fill material will be transported
to site as needed. No stockpiled fill will remain on-
site
b. What type of construction equipment will be used (for
example, dragline, backhoe, or hydraulic dredge)?
Backhoe
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.
Junior Suttle
Applicant or Proje t Name
Signature -S
June 15. 1999
Date
Revised 03195
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