19970991 Ver 1_Complete File_19980122

State of North Carolina
Department of Environment
and Natural Resources 4 LT.1;qA1 •
Division of Water Quality f
1 '
James B. Hunt, Jr., Governor AdMbNdMbgdML
Wayne McDevitt, Secretary D E N R
A. Preston Howard, Jr., P.E., Director
January 22, 1998
Currituck County
WQC 401 Project #970991
COE # 199810257
APPROVAL of 401 Water Quality Certification
Mr. Donald Adams
NC Wildlife Resource Commission
512 N. Salisbury Street
Raleigh NC 27607-1188
Dear Mr. Adams:
You have our approval, in accordance with the attached conditions, to place fill material in 532 square
feet of wetlands or waters for the purpose of constructing a public launching facility at US 168 on Tulls
Creek, as you described in your application dated November 10, 1997. 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 you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be requir. 3
as described in 15A NCAC 211.0506 (h). For this approval to be valid, you must follow the conditions listed
in the attached 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 919-733-1786.
Pr ,
n Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM 970991.1tr
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
REPLY TO
ATTENTION OF
Regulatory Division
Action ID No. 199810257
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 14, 1997
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

Dear Mr. Dorney:
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Please reference the application of the North Carolina Wildlife Resources Commission for
Department of the Army (DA) authorization and a State Water Quality Certification to construct
a public boat launching facility, on property located off State Road 1232, adjacent to Tulls Creek,
near Sligo, in 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 January 17, 1998, the
District Engineer will deem that waiver has occurred.
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: North Carolina Wildlife Resources Commission
2. LOCATION OF PROJECT SITE: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek
Photo Index - 1995: N/A 1989: N/A 1984: N/A
State Plane Coordinates - X: 2859300 Y: 1002150
3. INVESTIGATION TYPE: CAMA/D&F cN
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/08/97

0 1997
,
Was Applicant Present - Yes ?
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5. PROCESSING PROCEDURE: Application Received - October 8, 1997 .
WAT
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Enf-
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Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT
(C) Water Dependent: Yes

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9
909
(D) Intended Use: Public, Boatramp ` .1,
(E) Wastewater Treatment: Existing - septic system f T`'p
J
Planned - N/A
(F) Type of Structures: Existing - Boat basin, canal m
Planned - Boat ramp, 2 piers, bulkhead, parking lot
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Uplands 13,160 square feet
Parking Lot
(B) Non-Vegetated Wetlands
(C) Other Boatramp 420 sq. ft. Shaded
Public Trust Bulkhead 112 sq. ft. Pier - 248 sq. ft.
(D) Total Area Disturbed: 13,940 square feet (0.32 acres)
(E) Primary Nursery Area: No
(F) Water Classification: B SW Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct a public launching facility which includes
a 14' x 30' concrete boatramp, two 51/2' x 14' launching piers, each with a 5.5' x 8' "L", 26 feet of
treated wooden bulkhead with a maximum distance from shore of 4.3 feet in a man-made canal in
Public Trust Waters. A 13 space parking area totaling 13,160 square feet is proposed for the adjacent
upland area.
North Carolina Wildlife Resources Commission
Bio Report
Page Two
The applicant has leased a .71 acre site from Currituck County located on Poyner Road
(SR 1232) approximately 1.15 miles from NC 168 in the Sligo area of Currituck County. The
tract lies along a 50 foot wide man-made canal and boat basin that connects to Tulls Creek and
is a portion of the property that was described by CAMA Major Permit #104-96. A septic
field system and an unimproved parking area are the only other man-made improvements on
the property. Adjacent properties consist of the NC DOT right-of-way for Poyner Road (SR
1232) to the south and a park area owned by the lessor (Currituck County). Loblolly pine
(P_inus, taeda) and indigenous yard grasses represent the predominant plant life. The average
elevation of the property is two feet. Tulls Creek is classified as B SW by the Division of
Environmental Management.
The applicant proposes to construct a public small boat launching facility which will
include a 14' x 47' concrete ramp pad, two 5.5' x 35' pier/walkways, each with a 5.5' x 8'
"L" to be located adjacent to the proposed ramp pad, 75 feet of bulkhead/retaining wall which
will have a maximum distance of 4.3 feet from shore and a 13,160 square foot parking area.
The portion of the boatramp located below NWL and in Public Trust Waters is 14' x
30'. The proposed launching piers will be positioned with 14 feet of length in Public Trust
Waters and the remainder located on the upland area. The bulkhead/retaining wall will have
26 feet divided into two sections along the shoreline with the remainder located as a return
wall/retaining wall adjacent to the boatramp.
The construction of the boatramp will require approximately 17 cubic yards of bottom
material to be removed. The applicant intends to use the spoil material as backfill for the
proposed bulkhead. Approximately 10 cubic yards of #5 washed stone will be placed below
NWL as the ramp foundation, and approximately 7 cubic yards of concrete will be used in
constructing the portion of the ramp located below NWL. The boatramp construction will
result in a 14' x 30' section below NWL with the remainder above NWL. The two piers will
shade 248 square feet of Public Trust Waters. The planned 75' of bulkhead/retaining wall will
result in 26' of shoreline stabilization and 112 square feet of Public Trust Waters in a man-
made canal being filled. The upland parking area will result in 13,160 square feet of land
disturbing development and will require 490 tons of ABC crusher run stone. Public boating
access will be improved for the area.

North Carolina Wildlife Resources Commission
Bio Report
Page Three
The development proposal involves the Public Trust Waters Area of Environmental
concern. The proposed project is not located within an area having historical/archeological
significance. The development site is not geologically unique. No submerged aquatic
vegetation was found at the development area. Short term water turbidity will occur during
construction of the boatramp and bulkhead.
A Currituck County Land Use Plan consistency review will be submitted at a later date.
Submitted by: Frank Jennings
Date: October 27, 1997
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name North Carolina Wildlife Resources Commission
Address 512 N. Salisbury St, Archdale Bldg.
City Raleigh
Zip 27607-1188
Fax
b. Authorized Agent:
Name
Address
City
Zip
Fax
c
State NC
Day Phone [phone]
919-715-7643
State
Day Phone
Project name (if any) NCWRC-TuUs Creek Boating
Access Area
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Cuirituck
b. Is the proposed activity maintenance of an existing
project, new work, or both? New
C. Will the project be public, private or commercial
use? Free public use
a. 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.
This facility will provide public boating access to Tulls Creek
and adjacent waters. The facility will be constructed using the
following equipment: bulldozer, backhoe, dmaline, trackhoe, and
motorgrader.

b. City, town, community, or landmark
Cuurituck, Tull's Creek
C. Street address or secondary road number
Poyner's Road SR 1232
d. Is the proposed work within the city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Tulls Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construct a free public launching facility, which includes:
1 concrete launch ramp, 2 fixed pier wooden docks, 2 timber
bulkheads.

Form DCM-MP-1
-.-r-I%r-r`.
OCT 8 1997
in. Describe existing wastewater treatment facilities.
4. LAND AND WATER N/A
CHARACTERISTICS
a. Size of entire tract approx..71 acres. n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash
down", and residential discharges.) surface runoff
c. Approximate elevation of tract above MHW or NWL
approx. 2.5 $
d. Soil type(s) and texture(s) on tract o. Describe existing drinking water supply source.
poorly drained loam surface with clay subsoil; fill soils N/A
e. Vegetation on tract mixed hardwoods / coniferous
around perimeter of tract
f. Man-made features now on tract septic tank 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land classification In addition to the completed application form, the
of the site? (consult the local use plan) following items must be submitted:
X Conservation? Transitional • A copy of the deed (with state application only) or
Developed Community other instrument under which the applicant claims
Rural Other title to the affected properties. If the applicant is not
claiming to be the owner of said property, then
h. How is the tract zoned by local government? forward a copy of the deed or other instrument under
Agricultural which the owner claims title, plus written permission
from the owner to carry out the project.
i. Is the proposed project consistent with applicable
zoning? X Yes No
(attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
if yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on site? Yes X No
Coastal (marsh) Yes No
if yes, has a delineation been conducted?
(attach documentation, if available)
• An accurate dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 710203 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 part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
Form DCM-MP-1

Gel 8 1997
• 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 00 Allan Russell, District Engineer, NCDOT
Address U.S.17 North Elizabeth City, NC 27909
Phone [phone]
Name Harold M. Holder
Address PO Box 392 Moycock, NC 27958
Phone [phone]
Name
Address
Phone
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.
• A list of previous state or federal permits issued
for work on this project tract. Include permit
numbers, permittee, and issuing dates.
• A check for $250.00 made payable to the
Department of Environment, Health, and Natural
Resources (DEHNR) to cover the costs of processing
the application.
0 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
Environment Policy Act.
This is the 1 day of October , 19 97
Print Name Donald C. Adams, Jr.
Signature
Landowner a(r Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures
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.
Form DCM-MR-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
Average Final
Existing Project
Access channel
(MHW) or (NWL)
Canal
Boat basin
Boat ramp
Rock groin
Rock breakwater
Other (excluding
shoreline stabilization)
No. 5 Washed Stone
Concrete
Length Width Depth Depth

1@ 47ft 1@ 14ft 7ft end of
ramp
@4.5ft

Above Below
NWL NWL
10 37
7 9
cu vds cu vds

OCT 8 1991
1. EXCAVATION
a. Amount of material to be excavated from below MHW
or NWL in cubic yards approx. 17 cu yds
b. Type of material to be excavated poorly drained loam
surface layer with clay subsoil; fill soils
c. Does the area to be excavated include coastal wetlands
(marsh), submerged aquatic vegetation (SAV's) or
other wetlands. Yes X No
d. Highground excavation in cubic yards approx. C4 cuYds
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Excavated material will be
placed behind the bulkhead and graded into site. Broken
concrete will be taken to the nearest landfill.
b. Dimensions of disposal area N/A
C. Do you claim title to the disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No N/A
If yes, where?
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAV's, or other wetlands?
Yes X No
f. Does the disposal area include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 2@ 37.5 ft
c. Averagekstance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
e. Shoreline erosion during preceding 12 months
N/A
(Source of information):
f. Type of bulkhead or riprap material treated
lumber bulkhead
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill minimal, < lcu yd
h. Type of fill material excavated material
i. Source of fill material excavation on site
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
-„_,
OCT 8 1997
If yes,
(1) Amount of fill toced in the water
approx 46 cu yd of stone and concrete
(2) Dimensions of fill area 14ft X 57 ft
(3) Purpose of fill subgrade preparation and
launch ramps
b. Will the fill material be placed in coastal wetlands
(marsh), SAV's, or other wetlands?
Yes X No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and
erosion controlled Ramp fill material consits of
stone gradations not requiring containment.
Crushed stone for the parking lot will be graded into
the site upon need.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic dredge)?
dragline, backhoe, bulldozer, trackhoe and
motorgrader
b. 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.
NCWRC Tulls Creek Boating Access Area
Applicant or Project Name
Signature
/0 7/17 Date
4
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h.
Permit, Form DCM-MP-I. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units, or
a,
structures proposed i-concrete handicap parking are
1-concrete apron adjacent to top of access ramp, and parking lot r'
b. Number of lots or parcels N/A
C. Density (give th enumber of residential and the units
per acre) N/A
d. Size of area to be graded, filled, or disturbed including
roads, ditches, etc. approx..30 acres
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion control
plan been submitted to the Division of Land
Resources? Yes No N/A
If yes, date submitted
f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces.
concrete and crusher run stone
g. Give the percentage of the tract within 75 feet of
MEW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking 47%
OCT 8 1997
Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
Describe proposed method of sewage disposal.
N/A
j. Have the facilities described in item i. above received
state or local approval N/A
(attach appropriate documentation)
k. Describe location and typeof proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential, discharges).
surface nuioff
1. Describe proposed drinking water supply source (e.-
well, community, public system, etc.)
N/A
in. Will water be impounded? Yes X No
If yes, how many acres?
n. If the project was an oceanfront development, when
was the lot(s) platted and recorded? N/A
NCWRC Tulls Creek Boating Access Area
Applicant or Project Name
Form DCM-MP-4
STRUCTURES
(Construction and/or land disturbing activities)
OCT 8 1997
Attach this form to Joint Application for CAMA Major e. Mooring Buoys N/A
Permit, Form DCM-MP-l. Be sure to complete all other (1) Commercial Community Private
sections of the Joint Application that relate to this (2) Number
proposed project. (3) Description of Buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/pier(s)
(1) Commercial X Community Private
(2) Number 2
(3) Length 2@43ft
(4) Width 5.5ft
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A
(8) Proximity of structure to adjacent riparian property
lines
(9) Width of water body aprox. 50ft
(10)Water depth at waterward end of pier at MHW or
NWL 2.7 ft
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) N/A
(1) Commercial Community Private
(2) Number
(3) Length
(4) Width
g Other (Give complete Description)
NCWRC Tulls Creek Boating Access Area
Applicant or Project Name
Signature
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL, or wetlands
Date
(3) Maximum distance beyond MHW, NWL, or
wetlands
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