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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 010?? N W F m 5 L14 0) ? Q 00 H iii a U M co f/ Aoki ^N ?cy ? XNX ? W _ q NEW BUL c? z` II ,m..: 11 ?g II ?? II ?Z ?, $s? 153 '-C O FiR Q to O N p co 0 Z J O J O ? cy- Y W U Q co LL: U- (n O LLI to Q CO ?W ?O -H Q 04 f LL: J ,t e-N ? V) o 0° 00 H z 11 Oo, J a? LC 00 O X91 a LOL. 0 LLI y z ? z W 0 CO N '0O y? za Uz_ (n z z In EL U (A vi pi i 01 10, 00 , ? . ^?/ O /000 N +3 00? a WCY) z ? / rn rn / 0°, 3 a C o l o ??o ?j V) (0 0/ 0 ib J 'H b 1 O N1 1 ?1' ? 5,?E 120.50 ? i? 1 ? (N O Ico o i LO o 1 O 1 ?Tl 5' 1 123.85 O 16 / 3 i I?yi (? • Q ?j z US (n U m 3 D r o w W U G :) N N W N F H C z ? ? U ? z ? E4 a O N b SO O I a ? z O N N ?,C x o O 4 C W r,.1 F n W rc I ? o Z Z 1 O Z o C = M ? P a z?M P I 1 1 ? ?WYtO.. N 0 1 I 1 Z O oo?, 9 ilea ' U ? U 2C ? a 3 Z 1 1 1 //?? a o a OL I 1 Ir • WO Zo 1 I 1 U ? W 1 ,w 1 --1 I 1 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 ° tl? ? c w I V Z Z .. x Z LAJ UJ 1 J ? ? ?n / / 1 W U H fx U u ? Y C w c ?P?o : t wv?f c- 41 >-P- 9 ?9 ! L, LL- 1 ~ 0 O ? ? 'h"Op E ?S z J ?Z ?9N 0 J O ? U w Q m C/) O W w W m k O -H Q ?/ O z o '-1! O a U) J LC J U.l VT / 04 s' Z zm?q Z90W n 0 o ice' n NS?? 120.50 'a w C_') J M p N O X Z a=S G g 3 Y 9 CQ It rvc,• ,.- 11 1 11 11 h-?.' ll s,?'u r? c Q a L ' Z Q 0 $ Nab ? 5 O \W J I a 3V x O N3 ti ' mm< w LU >, NJ Z V) O I X w ?< F WUN V . W O mN Cf) _ mQ U=Z O V) v / CL 0 t ? n ? j Z a F \ o? v a .z ga U O U Z w z W UW ; o, Z NZ Ng Q v W<10 ? ~ NO a w U x e G N `/ ? 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