19970989 Ver 1_Complete File_19980112

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A IL
D E N R
January 12, 1998
Dare County
WQC 401 Project #970898
COE# 199810256
APPROVAL of 401 Water Quality Certification
Mr. J. Webb Fuller
Town of Nags Head
PO Box 99
Nags Head, NC 27959
Dear Mr. Fuller:
You have our approval, in accordance with the attached conditions, to place fill in 236 square feet of
wetlands or waters for the purpose of installing a drainage culvert on the west side of Soundside Road as you
described in your application dated November 10, 1997. After reviewing your application, we have decided
tha ,th 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.
its approval is only valid for the purpose and design that you described in your application. If yoL
ch .. ur project, you must notify us and you may be required to send us a new application. If total
?r?l ` fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
?? as F , ``` d in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed
in Ehhatfached certification.
yoh;i o not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
YM4 §t act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
fin-,.whiblaxonforms to Chapter 150B of the North Carolina General Statutes to the Office of
s Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are l "*completes unless you ask for a hearing.
This T crcompletes the review of the Division of Water Quality under Section 401 of the Clean Water
Act ..I
you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
y A'
` P ston Howard, Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
} 'Corps of Engineers Washington Field Office
?`VVas ?' DWQ Regional Office
?? Mr Joo orney
Central Files 970989.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # 733-
9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

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REPLY TO
ATTENTION OF
Regulatory Division
Action ID No. 199810256
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 14, 1997
ok 'I 13
,*0%?? -go,
Mr. John Dorney
Division of Environmental Management
1tiTorth Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
_ Dear Mr.' Dorney:
ase reference the application of the Town of Nags Head for Department of the Army
{I}A) authorization and a State Water Quality Certification to install a drainage culvert adjacent
the Roanoke Sound, located off Soundside Road, near Jockeys Ridge State Park, in Nags Head,
Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the `certification has been obtained or waived.
In accoir.dance 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 January 17, 1998, the
District Engineer will deem that waiver has occurred.
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Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
.
a"
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Nags Head
2. LOCATION OF PROJECT SITE: West side of Soundside Road, 100 feet south of Jockey Ridge State
Park, Dare County, adjacent Roanoke Sound
Photo Index - 1995: 185-1928 J-13/14 1989: 142-29 H-20
PSI
1984: 138-453 P-5 P, \4
State Plane Coordinates - X: 2996750 Y: 818100 V
3. INVESTIGATION TYPE: CAMA/D&F
-4. ` INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10-23-97
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - October 24, 1997
Office - Elizabeth City
.. 6. ' SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Nags Head
T.nd `Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) ' Water Dependent: No
(D) I:txtended Use: Public
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - Drainage Culvert
Planned - New
(G) Estimated Annual Rate of Erosion: N/A
Source= N/A
HABITAT DESCRIPTION: [AREA]
DRRDGM FII ,T EI)
f 10,y AV,
A
WATER gUAi ITv SEa c® Enf
Non- Discharge Come
19?0
2 ?
o 2'
tcp,
CP
(A) Vegetated Wetlands
Non-Coastal Wetlands ` 48 square feet
(B) Non-Vegetated Wetlands
(C) Shallow Water Habitat 188 square feet Disturbed
Highground 612 square feet
(D) Total Area Disturbed: 848 square feet (.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
k 8. PROJECT SUMMARY: The applicant proposes to install a new 30" diameter, 180' long, polyethylene
drainage culvert. Fifteen feet of the new culvert will be placed within Roanoke Sound. A concrete
flume lined with rip rap will be installed at the waterward end. One hundred twenty feet (120') of
existing culvert will be sealed and abandoned in place.
r
4

Town of Nags Head
Bio Report
Page Two
The Town of Nags Head has recently acquired an undeveloped 30' wide parcel located
on the west side of Soundside Road in Nags Head, Dare County, adjacent Roanoke Sound.
Public ownership of the 2,400 square foot lot provides an opportunity for the Town to re-
align the westernmost 100 linear feet of an existing drainage culvert now located on private
property. An existing 15' wide sandpath located within the southern one-half of the parcel
extends from the paved portion of Soundside Road to the shoreline of Roanoke Sound. Small
trailered fishing boats have been launched at the waterward end of the sandy path for at least
20 years.
Run-off flows from the terminus of the existing drainage pipe located 20' south of the
Town s parcel, moves in a westerly direction within a meandering 7'-8' wide stream which
crosses. the sand path, then flows into Roanoke Sound. Non-coastal wetlands vegetated with
an homogeneous stand of common reed (Phragmi .s communis) were noted on the north and
south sides of the sand path. Vegetation such as goldenrod, sea myrtle, wax myrtle, white
cedar, and wild grape covers the upland portion of the lot.
Waters of Roanoke Sound in the vicinity of this project are classified as SA by the
Division of, Environmental Management and are open to shellfishing. Patches of submerged
aquatic vegetation were noted approximately 30'-50' offshore in waters 2' in depth. No
bmerged aquatic vegetation was noted in the waters adjacent the 15' wide sand path.
)4oled_I ese trip
The` Town wishes to re-align the western terminus of the existing drainage culvert such
that 4l) portions of the western end will be located on public property. The western most 120'
of the existing culvert will be sealed and abandoned in place. New 30" diameter polyethylene
pipe, approximately 180 feet in length will replace the abandoned section. Approximately 100
linear feet of the new pipe will be placed within the right-of-way of Soundside Road. Sixty-
five feet (65') of pipe will be installed within the newly-acquired 30' wide parcel and 15' of
the pipe will extend into Roanoke Sound. Turbulence will be reduced and stability provided
by the placement of a 10' x 15' rip rap lined concrete flume at the waterward end of the pipe
in 2' of water. This flume/rip rap is proposed within an area devoid of SAV's.
Anticipated Impacts
The placement of the pipe, flume, and rip rap in the waters of Roanoke Sound will
cause 188` square feet of shallow water habitat to be filled.

Town of Nags Head
Bio Report
Page Three
• Placement of the pipe within the 15' wide path will fill 48 square feet of non-coastal
wetlands.
• Six hundred twelve square feet (612 square feet) of highground area will be disturbed
by the re-alignment.
• Temporarily, localized turbidity will occur as a result of the placement of the pipe,
flume and rip rap within Roanoke Sound.
• No SAV's were noted within the area where the pipe, flume and rip rap are proposed.
CAMA Review
r; y
John Thayer will submit a Land Use Plan Consistency Review in a separate letter
Submitted by: Ed Harrell
Date: October 27, 1997
Form DCM-MP-1
ME ;FI ,Cn
APPLICATION '17 ,ScP 1 1997
(To be completed by all applicants)
b. City, town, community or landmark
Nags Head
1. APPLICANT
a. Landowner:
c. Street address or secondary road number
W_ firnmdGirla Rnar9
Name _ TQw of Nags Head
Address P 0 Box 99
City Nags Head State N C
Zip 27959 Day Phone [phone]
Fax . 91? 441 0776
b. Authorized Agent:
Name' J. Webb Fuller
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) Roanoke Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Re-align existing drainage culy r? t
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? -public
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 re-align existing
drainage culvert to be within town
owned property
Revised 03195
. ? 9'

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. "tize of entire tract 3970 ± sq. ft.
b. Size of individual lot(s) n/a
c. Approximate elevation of tract above MHW or
NWL 41 + m. s . l .
' d.. Soil type(s) and texture(s) of tract
Newhan - DU Custon
e. Vegetation on tract yes
£ Man-made features now on tract exi sting
cul. ert to -he re-located
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
EZ Conservation Transitional
Developed Community
Rural Other
h. How `isIttie•,tract,zoned by local government?
i. is the proposed project consistent with the applicable
i?nin(7..9-:x Yes, No
(Attach cntji compliance certificate, if applicable)
}. Has a? pfofessional archaeological assessment been
done`for ''tract? Yes X
If yes, by whom?
k. Is, the project located in a National Registered
Historic District or does it involve a - National
tegister listed or eligible property?
Yes x No
1. 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.
N/A
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.)
surface runoff (existing discharge)
o. Describe existing drinking water supply source.
N/A
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by I V white paper. (Refer to
Coastal Resources Commission Rule 7J.020' for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95 .
w?'n rf?'r1
K
Form-DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Milnes Austin
Address 3944 W Soundside Road
Phone Nags Head NC 27959
Name Charlie M. Johnson
Address 4009 W Soundside Road
Phone Nags Head NC 27959
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.
St? i fi/1
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 t
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 2 day of September 19 97
Print Name J. Webb Fuller
Signatures
q .;
Iando%mer o ut rized Agent
to Please indicate attachments pertaining to your prop I osetl
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
Y DCM -MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form ACM-MP-5
BRIDGES AND
CULVERTS
r.
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
M
BRIDGE'S, N/A
a. Public Private
b. Type of bridge (construction material)
c. Water body to be crossed by bridge
d. Water depth at the proposed crossing at MLW or
NWL
e. Will proposed bridge replace an existing bridge?
?'es No
?? ,lf yes,
(O'i Length of existing bridge
(2) Width"of existing,bridge
(3) x( ! ation clearance underneath existing
bridge
.. sF) Will all, or a part of, the existing bridge be
removed? (Explain)
f Will proposed bridge replace an existing culvert(s)?
Yes No
If Yes,
(1) Length of existing culvert
(2)= Width of existing culvert
(3) Height of the top of the existing culvert above
the'MHW or Y, -,V ,

SEP 1 I.cM
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
g. Length of proposed bridge
h. Width of proposed bridge
i. Height of proposed bridge above wetlands
j. Will the proposed bridge affect existing water flow?
Yes No
If yes, explain
k. Navigation clearance underneath proposed bridge
Will the proposed bridge
reducing or increasing the
opening? Yes
If yes, explain
m. Will the proposed bridge cross wetlands containing
no navigable waters? Yes No
If yes, explain
n. Have you contacted the U.S. Coast Guard
concerning their approval?
Yes No
If yes, please provide record of their action.
affect navigation by
existing navigable
No
Revised 03/95
Form DCNI-MP-5 ' 7 1997
'SE
2. CULVERTS
a. Water body in which culvert is to be placed
j. Will the proposed culvert affect existing navigation
potential? Yes X No
If yes, explain
Roanoke Sound
b. Number of culverts proposed 1
c. Type of culvert (construction material, style) 3. EXCAVATION AND FILL
30" corrogated polyethelyne
a. Will the placement of the proposed bridge or. culvert
require any excavation below the MHW or NWL?
d. WEI proposed culvert replace an existing bridge? _x Yes No
Yes X No If yes,
If yes, (1) Length of area to be excavated 15'
(1) Length of existing bridge (2) Width of area to be excavated 4
(2) Width of existing bridge (3) Depth of area to be excavated it
(3) Navigation clearance underneath existing (4) Amount of material to be excavated in cubic
bridge yards 10 cu yds
(4) Will all, or a part of, the existing bridge be
removed? (Explain) b. Will the placement of the proposed bridge or culvert
require any excavation within: No
- Coastal Wetlands _ SAVs _ Other Wetlands
If yes, ;,;• .
e. Will proposed culvert replace an existing culvert? (1) Length of area to be excavated ...
_X Yes No (2) Width of area to be excavated
If yes, (3) Amount of material to be excavated in cubic
(1) Length of existing culvert 135' + yards
(2) Width of existing culvert 24" x 2
(3) Height of the top of the existing culvert above c. Will the placement of the proposed bridge or culygrt
the MHW or NWL 12 require any highground excavation?
(4) Will all, or a part of, the existing culvert be x Yes No
removed? (Explain) sealed and If yes,
abandoned (1) Length of area to be excavated 150'''+ ..
(2) Width of area to be excavated = L'
(3) Amount of material to be excavated tn' cubic
f. Length of proposed culvert
180' ±
yards 50 + cu yds
g. Width of proposed culvert 30" d. If the placement of the bridge or culvert involves '

' any excavation, please complete the following:
h. Height of the top of the proposed culvert above the (1) Location of the spoil disposal area
MHW or NWL 15" On site & off site uvland
(2) Dimensions of spoil disposal area
i. Will the proposed culvert affect existing water flow? '?0' X 50' on site

Yes X No q4r r
(3) Do you claim title to the disposal area?
If yes, explain X Yes No
If no, attach a letter granting permission from
the owner.

Revised 03195
Form. DCM-MP-S
e.
f.
g,
acement of the proposed bridge or culvert
any fill, (other than excavated material
in Item d. above) to be placed on
d2 Yes X No
If?y?s, N/A
(1) Length of area to be filled
'(2) Width of area to be filled zalA
n' (3) Purpose of fill N/A
P?
L
?. GENERAL
a. Will the proposed project involve any mitigation?
Yes X No
if yes, explain in dail
(4) Will the disposal area be available for future
maintenance? X Yes No
(5) Does the disposal area include any coastal
wetlands (marsh), SAVs, or other wetlands?
Yes _Y No
If yes, give dimensions if different from (2)
above. N/A
(6) Does the disposal area include any area below
the MHW or NWL? Yes X No
If yes, give dimension if different from No. 2
-,, . above. N/A
Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed below
MHW or NWL? Yes X No
If yes,
(1) Length of area to be filled N/A
(2) Widih''of area to be filled N/A
(3) Purpose of fill N/A
Will, the placement of the proposed bridge or culvert
result' in any fill (other than excavated material
described in Item d. above) to be placed within: No
Coastal Wetlands SAVs Other Wetlands
If yes,, - -
(1) Length of'area to be filled N/A
(2) Width of area to be filled N/A
(3)-Purpose of fill N/A
r_;
SAP 1 7 1
b. Will the proposed project require the relocation of
any existing utility lines? Yes X No
If yes, explain in detail N/A
c. Will the proposed project require the construction of
any temporary detour structures?
Yes X No
If yes, explain in detail N/A
d. Will the proposed project require any work
channels? Yes X No
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled? silt fence
f. What type of construction equipment will be used
(for example, dragline, backhoe or hydraulic
dredge)? backhoe
g. 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.
h. Will the placement of the proposed bridge or culvert
require any shoreline stabilization?
X Yes No
If yes, explain in detail Riprap lined
concrete flume at end of culvert
Date
Revised 03/95

CALFEE ENGINEERING
MAUMC; ADDRESS: 3048 MARTN'S P02C ROAD, I= EAWY, NC 27949 • 919-261-3025 F= 919-261-4M5
October 22, 1997
Mr. Ed Harrell
NC Division of Coastal Management
1367 Highway 17 South
Elizabeth City, NC 27909
via facsimile 919-264-3723 only
Re: Town of Nags Head: Proposed Soundside
Road Outfall Reconstruction
Dear Ed :
Please find below a revised "Scaled Rip-rap Detail at Culvert'
Terminus" in accordance with our telephone conversation this
date.
Please call me if you have any questions or comments, or if you
need further information.
sincerely,
Ralph D. Calfee, P.E.
cc: Mr. Gary Ferguson, AICP
. Town of Nags Head
/8 f
G
5CA L r'-
RIPILIP DETAIL AT
CULVERT TERMINUS
FULL SERVICE ENGINEERING A M CONS-1 RUC710N MANAGEMENT
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