Loading...
HomeMy WebLinkAbout104-96 Currituck CountyPermit Class Permit Number NEW STATE Department of Env X Major Devi pursuant to Excavation and/or ealth & Natural Resources ;.Commission h � r it of Environmental Concern L-rie":. - PUVA g pursuant to NCGS 113-229 Issued to Currituck County, 39 Courthouse Road, Currituck, NC 27929 104-96 authorizing development in Currituck County at Tulls Creek, canal & basin off of, on Povner Road , as requested in the pennittee's application dated4/4/96 including attached workplan drawings, 4, planview and bulkhead detail, all dated 4/4/96. This permit, issued on 17— 3 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Fill & Turbidity Control 1) All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. The Division of Coastal Management and the Corps of Engineers will be informed of this highground source. 2) The fill material will be clean and free of any pollutants, except in trace quantities. 3) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4), No vegetated wetlands will be excavated or filled. attached sheet for Additional This permit action may be appealed by the perminee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Currituck County ADDITIONAL CONDITIONS Permit #104-96 Page 2 of 2 5) A double sediment curtain will be left between the area to be filled and the existing canal and a 24 hour period after completion of the filling will elapse prior to sediment curtain removal to prevent unnecessary siltation into the adjacent waterbody. 6) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTUs or less in all rivers not designated as trout waters. Bulkhead Construction 7) The bulkhead alignment will approximate the normal water level at the time of construction. 8) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 10) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles. or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. NOTE: The Division of Environmental Management approved this project on June 21, 1996 under General Water Quality Certification #3025. Form DCM-MP-11 RECEIVED APPLICATION APR 91996 (To be completed by all applicants) b. City, town, community or landmark Sligo in Crawford Township 1. APPLICANT c. Street address or secondary road number Poyner Rd (SR1232) a. Landowner: Name Currituck County d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 39 Courthouse Road e. Name of body of water nearest project (e.gg river, City Currituck State NC creek, sound, bay) Tulls Creek, Cowells Creek Zip27929 Day Phone(919)232-3378 (919)232-3026 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose.( e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address Filling basin and bulkhead with GEO textile sediment curtain City State Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? new work Fax c. Will the project be for public, private or commercial use? Public Use c. Project name (if any) Poyners Road Boating Access Area (Tulls Creek) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE. Pernik will be issued in name oflandowner(s), ordior project. If more space is needed, please attach additional pages. See Attachment I project tame. 2. LOCATION OF PROPOSED PROJECT a. County Currituck Revised 03/95 Form DCM-MP-I in. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 20 Acres n. Describe location and type of discharges to waters Woodland of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) Site 1 Acre 19.00 Acres wastewater, industrial/commercial efNlyeent, "wash // down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL NWL 2-3 ft. d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Cu—Currituck mucky peat N/A e. Vegetation on tractDomestic grasses, Pines Cat Tails, f. Man-made features now on tract Basin 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Conruh the local /cad use plan.) following items must be submitted: X Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Agricultural forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach zoning compliance cerfificae, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) 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? R Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? yes (Aeach dom nwntadon, if available) 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 Form DCM-MP-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. . Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilisation) Average Final Existing Project Len¢th Width Depth Depth fill to 120' 84' 7' land surfac '.:�? 'ram ..... RRCER-TO APR 9 1996 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards N/A b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area SR 1232 Poyner Rd b. Dimensions of disposal area 23,792 sq. ft. c. Do you claim title to disposal area? % Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? % Yes _ No If yes, where? same site . Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? X Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization _ X Bulkhead Riprap b. Length 30 ft c. ateNr distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL at NWL e. Shoreline erosion during preceding 12 months N/A - (Source of information) f. Type of bulkhead or rprap material bulkhead — wood g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backftllsee proposed improvement h. Type of fill material see proposed improvement i. Source of fill material N/A 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 6,000 cubic yards (2) Dimensions of fill area23,792 sq. ft. (3) Purpose of fill to enlarge ground area, parking, and enhance .use of property Will fill material be placed in coastal wetlands (marsh), SAVs 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?Mesh cutain(GEO Textile Sediment Curtain) located at mouth of asin b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dump truck to carry fill material c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes X No If yes, explain s that_ will be Cen to lessen environm impacts. 1 Applicant Signature April 4, 1996 Date Revised 03195 Form DCM-MP-1 RECEIVED 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 Alan Russell NCDOT Dist. Eng. Of. Address S 17 N Elizabeth City NC 27909 Phone Name Harold M Holder Address P.O.box 392 Moyock Phone 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. N/A • 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. APR 9 !QQS 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 e rmation pr ded in this the application is truthful the pest of my know ge. This is the 4tn dad of 4pN3--L / LW yo Print Name Signature c Lw dowV, or nutnori d Agew Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP{ Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 0319S 1279 SITE VICINITY m If a RECEIVED 9 1996 1 SEAL X = L zs» e •��SUR��-4 ear �q ••....... •� MtR� uu„u&% l� , - r ~ 9a - BASIN 19'25' µr 3,9K- 189,56' '• z 'a'.It• aq ' 1, 6 ofazc is ;\ ekQ PARCEL o m I S1cb.\ ze� 30,929 S.F. a "Lc1.tZ' 5.00, SET PIN SAID, / o n 5.e45% AIDNOQ OF SET PIN S 11.58'45' E 218.770 1232 TO aa IN111t5ET�s o SET PIN I OF N.6 168 '� - 0 ((I PT•1-':R T•. .T�1 m T .T•T T T T•T .• T Tom. .. '. '........... •.K•.N!N4:.: N 11'58'45' W.........'.::..............::223.77'•.•.•.'.':.'P.K: NAL....'.'.'.'.' POYNER ROAD so' R/w SR 1232 4a Nw_ REFERENCES: OD 321, PG 179 - DB 103, PG 588 DO 209. PG 329 BEARING ROTATION AS PER D.O.T. PROJECT NUMBER 6.049005T ' 30 WILLIAM T. ROBBINS, CERTIFY THAT THIS MAP 8T7RV7 Y FOR HAS AL SURVEY UNDER E UNDER SUPERVISION FROMVI AN NORTH CAROLINA WILDLIFE OCTUAL SURVEY MADE UNDER NY SUPERVISION, MEETS THE REQUIREMENTS OF TITLE RESOURCES COMMISSION. JORTH CAROLINA ADMINISTRATIVE CODE. , CHAPTER Sfi. NITNESS MY HAND AND SEAL THIS THE 29TH DAY PARCEL AT SLIGO JF FEBURARY . , 1996.. CRAWFORD TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA Date. 2-29-96 PC ala 1"-50' REGISTERED LAND SURVEYOR L-2677 a11n: HMR n No. Avg. Gr . ev.: William T. Robbins Prof. No.: 96-016 FloodZone: A3-6' SURVEYOR (B19) 463 —2128 HC 89 BOX 19 Flood Map Pond No.: n,�= r 1 19191 P.61-1non PnP1.AR RRAWU wr R•rmq i ile APR 9 199i DO s 0 !X 9661 6 ddG CIA13038 c c s �n C � 3 G Jn o �„ -- J �.� fj DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATfENT10N OF July 25, 1996 Regulatory Branch Action ID No. 199601651 and State Permit No. 104-96 Currituck County 39 Courthouse Road Currituck, North Carolina 27929 Dear Sir: Reference your application for a Department of the Army (DA) permit to discharge fill material into an existing man-made basin, on property owned by the County of Currituck, located off State Road 1232, adjacent to Tulls Creek, near the Community of Sligo, 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 your approved plans. 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, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 John Parker ivision of Coastal Management North Carolina Department of Environment, Health 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 Mr. Richard Watts, District Manager Elizabeth City Regional office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 9, 1996 Currituck County 39 Courthouse Road Currituck, NC 27929 Dear Sir: EDEHNFR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior -to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. JRP:jr/amw Enclosure P.O. Box 27687, . Raleigh, North Carolina 27611-7687 Voice 919-733-2293 Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator NFAX��yCAn 919-733-1495 �� Equal Opportunity/Affirmative Action Employer 1! 60% recycled/10% post -consumer paper A) C) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD APPLICANT: Currituck County COUNTY: Currituck LOCATION OF PROJECT: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 9, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Frank Jennings DISTRICT MANAGER DATE APPLICATION RECEIVED PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: Elizabeth City gMjU F v+REC'D: $ ;OFNr DATE:REC'D-:----J APPLICATION ASSIGNED TO: ON: 75 DAY DEADLINE: - -q /y 150 DAY DEADLINE: MAIL OUT DATE: — ,2 _ l Y STATE DUE DATE: S—Z-1 FEDERAL DUE DATE: '�Z, -- FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE \s DENY DRAFT ON AGENCY DATE CONNBNTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance <I / Land Quality Section I 1 Div. of Env. Management L',81.sA \49t?9 — LZ State Property Office(-`S L Div. of Archives & History �( d• Div. of Env. Health (� _ _�jl Div. of Highways wildlife Resources Commission —did Div. of water Resources _ k/_ 4 Div. of Marine Fisheries _ 2 `k State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM SUBJECT: Frank A. Jennings, III IDEHNFR County of Currituck Major Permit Application DATE: May 2, 1996 REC-51VEO MAYO8 1996 AL MANAGEMENT I recommend the subject application be approved with the following conditions: 1) A double sediment curtain will be left between the area to be filled and the existing canal and a 24 hour period after completion of the filling will elapse prior to sediment curtain removal to prevent unnecessary siltation into the adjacent waterbody. 2) The bulkhead alignment will approximate the normal water level at the time of construction. 3) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. U 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be 1367 U.S. 17 SoWhe&abeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, FlRMA Health and Natural Resources j Division of Coastal Management &a James B. Hunt, Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: Frank A. Jennings, III SUBJECT: County of Currituck Major Permit Application Consistency Review DATE: May 2, 1996 The applicant proposes to fill an existing Ih acre basin in Public Trust Waters on a man-made canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. The applicant intends to create a boating access area with appropriate parking in the future and proposes to fill the basin for that purpose. A review of the Currituck County Land Use Plan page 77 indicates "Goal 8.1: To provide enough recreational facilities to meet the needs of all citizens and to take advantage of the natural amenities of Currituck County." On page 78 the LUP states, "The County supports increasing the number of boat and recreational facilities in Currituck...". On page 141 the LUP states, "The County supports State and Federal programs in the County which include some programs required by law (e.g., CAMA permits.). Based on the above, so long as the development activity is permittable by CAMA it is consistent with the Currituck County LUP. 414J mac/ yrlf 8 19 �ANAG MEN 6 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 960403 -• A A, FA RECEIVED p E H N FR APR 2 6 1996 ENVIRONMENTAL SCIENCES April 17, 1996 TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review WASH NG OINEOFFICE APR 2 2 1996 Applicant Currituck County Project Location: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek Proposed Project: To fill an existing M acre basin in Public Trust Waters on a man- made canal off Tulle Creek and construct 30 feet of bulkhead along the created canal shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY \� This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects attached comments. Signed to the project for reasons described in the Date 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper ' State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. William S. Richardson Currituck County 39 Courthouse Road Currituck, NC 27929 Dear Mr. Richardson: IA AT*A EDFEE HNF=I June 21, 1996 Currituck Coun DEM Project # You have our approval to place fill material in 0.5 acres of waters for the purpose of creating a parking area for a boat launch site at SR 1232, as you described in your application dated 17 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. 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 as a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files Tno Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ` State of North Carolina Department of Environment, 01 WA Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director April 17, 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Currituck County Project Location: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek Proposed Project: To fill an existing M acre basin in Public Trust Waters on a man- made canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the att hed comments. Signe�� Date i" 7" 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper ' State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM IDFEE HNFz1 18 April 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski SUBJECT: CAMA/DREDGE & FILL Permit Application Currituck County Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. REC4 EO APR 24 1996 COASTAL MANAGEMENT P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ' State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: /t .; qAI IDFEE HNf1 TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Ski Wojciechowski, Permit Coordinator FROM: Sara E. Winslow, Biologist Supervisor./.e� SUBJECT: Currituck County DATE: 17 April 1996 The following comments by the North Carolina Division of Marine Fisheries are provided pursuant to General Statute 113-131. This agency approves of this project as proposed if the bulkhead is constructed prior to any backfilling. The filling of this basin will eliminate a swamp area that could result in anoxic conditions occurring. Basins of this design have been associated with water quality problems (anoxic conditions, poor flushing and water exchange). P.O. Box 769, Morehead City, North Carolina 28557.0769 Telephone 919.726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources DKAslon of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 15, 1996 MEMORANDUM 1' •r: EDEHNFR 61996 TO: P. A. "Ski" Wojciechowski IDMF-PUB. TRISUBLANDS Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator n.. SUBJECT: CAMA/Dredge and Fill Permit Application ReviewAPPLICANT: Currituck County PROJECT LOCATION: Poyner Road (SR1232), Tulls Creek, Currituck PROPOSED PROJECT: To fill an existing basin in Public Trust Waters. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY \\�,�There are no known public trust conflicts with the project location omleeigrr. There appear to be public trust conflicts that require additional investigation. Approximately days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed G/�/ Date P.O. Box 27687, �I �`�C FAX 919-733-1495 Ralelgh, North Carolina 27611-7687 1 r An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, 'Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator A1, .�, ins_ � — ®EHNF;Z SUBJECT: 7urrituck REDGE &FILL Permit Application Review APPLICANT: County PROJECT LOCATION: Poyner Road (SR1232), Tullis Creek, Currituck Co. PROPOSED PROJECT: To fill an existing basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requesrMAY13 REPLY This agency has no objection to the project as propoThis agency has no comment on the proposed project. This agency approves of the project, only if the incorporated. See attached. �/ /This agenc obj is a project for reasons described in the attached comments. Signed (�1 / Date J�2 Z�, P.O. Box 27687, Ni" FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, " An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 17, 1996 TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator E)EHNFR SUBJECT: /DREDGE & FILL Permit Application Review Applicant: Currituck County Project Location: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek Proposed Project: To fill an existing M acre basin in Public Trust Waters on a man- made canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY-\ This agency has no objection to the project as proposed. \v` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the at ached comments. 0/0'G n-16 Signed 1367 U.S. 17 South. Elizabeth Clay, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, -Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration W1111lu A C11101 x* IA John Parker, Jr. Major Permits Processing Coordinator /t MA �w 1DIEHNFR CAMA/DREDGE & FILL Permit Application APPLICANT: Iurrituck County PROJECT LOCATION: Poyner Road (SR1232), Tolls Creek, Currituck Co. PROPOSED PROJECT: To fill an existing basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed /�j�� Dates' b Q� P.O. Box 27687, �C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR CAMA/DREDGE & FILL Permit Application APPLICANT: Currituck County PROJECT LOCATION: Poyner Road (SR1231), Tulls Creek, Currituck Co. PROPOSED PROJECT: To fill an existing basin. MAY 2219% COASTAL MANAGEMENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed" � � Date_o,,/� �y P.O. Box 27687. tyFAX 919-733-1495 d Raleigh, North Carolina 27611-7687 N An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recyc!ed/10% post -consumer paper State of North Carolina .Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 u1 ul;:_ 1 TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: �Cutuck County PROJECT LOCATION: Poyner Road (SR1232), Tulls Creek, Currituck Co. PROPOSED PROJECT: To fill an existing basin. Please indicate below your agency's position or viewpoint on the proposed and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. 12 >> 1 RECEIVED REPLY This agency has no objection to the project as propose MAY 281996 CuRStnL Ktn This agency has no comment on the proposed project. MANAGEMENT This agency approves of the project, only if the incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed —S t�a&I 1�e4:e� 't_cc6, Date 5-,'q-q'e f uCWg< May 21, 1993 P.O. Box 27687, W FAX 919-733-1495 Raleigh, North Carolina 27611-7687 f C An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50% recyded/10% post -consumer paper REPLY This agency has no objection to the project as proposed. Q- \� This agency has no comment on the proposed project. State ofl Departrr HQalth a Division of Environment, ural Resources Management �% �` James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: L; 0 DIV. OF ENvlRtltdr�ti t ;�d0,FE H R May 1, 1996 Ms. Linda Sewall, Director Division of Environmental Health RE'�t�i�{�D MAY DIV. OF ENVIRONMENTAL HEALTH FROM: John Parker, Jr. R E is E I V E �.! Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review MAY 17 APPLICANT: Qcurrituck County DW OF ENVIRONMENTAL HEALTHROJECTLOCATION: Poyner Road (SR1232) Tulls Creek, Currituck"Co. PROPOSED PROJECT: To fill an existing basin.. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. �;,N,� lI� i („ .,',r� MAY ;�ri iu,96 !,T This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. I - Si /JI GG�� Date P.O. Box 27687, �� C FAX 919-733-1495 An Equal Opportunity/Afflrmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 �7 50% recycled/10% post -consumer paper W State of North Carolina Department of Environment, Health and Natural. Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator A4 [DEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Cum County PROJECT LOCATI Poyner Road (SR1232),Tulls Creek, Currituck Co. PROPOSED PROJECT: To fill an existing basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. 12 I Adt REPLY This agency has no objection to the project as proposed RE�E� 19 \\J JUN 27`p996 This agency has no comment on the proposed project. �� MpNAGtiJAcNt This agency approves of the project, only if the incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date O 4 ! 1 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer 50% recycled/10% post -consumer paper r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY M ArrEwna+OF June 3, 1996 Regulatory Branch Action ID No. 199601651 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Currituck County for a Department of the Army (DA) permit to discharge fill material into an existing man-made basin, on property owned by the County of Currituck, located off State Road 1232, adjacent to Tulls Creek, near the Community of Sligo, Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead.' `'Q ,, `vl JV 3. No vegetated wetlands will be excavated or filled. 3 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Z 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal peodacts,iy debris will 6. The permittee will maintain the authorized work in good condition and X in conformance with the terms and conditions of this permit. The permittee is / \ not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7. The authorized structure and associated activity will not cause an X unacceptable interference with navigation. 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. increases such that the turbidityr waterbody is 50 NTU's or less in all rivers not designated as trou -2 by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. The permittee is not authorized to utilize any fill material generated from a North Carolina Department of Transportation (NCDOT) project unless the specific NCDOT permit has been modified and all impacts to waters of the United States, including wetlands, have been addressed and compensatory mitigation provided. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. sincerely, RaleiP.W.S. 9 Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 -3- Mr.Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS (Co. BOX 1890 �,„, WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ^ I ATTENTION OF ]P Regulatory Branch Action ID. I �II �� 7 Applicant�%&vk o � s( � C^"� 1 t'u ry Waterway 1 u l � S ("re County ype Work 61 Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: 4Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 1 G q TS Regional Office Division of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources U So 2'! a Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosel.A Your co unents and/or recommendations would be appreciated on or before JVJq Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, f UMANAGEMENT fi' U Raleigh BI Regulatory Project Manager11 Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 24, 1996 Regulatory Branch Action ID No. 199601651 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Currituck County for Department of the Army (DA) authorization and a State Water Quality Certification to discharge fill material into an existing man-made basin, on property owned by the County of Currituck, located off State Road 1232, adjacent to Tulls Creek, near the Community of Sligo, 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by June 23, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. John Parker ✓ivision of Coastal Management North Carolina Department of Environment, ^ 2g 19g6 Health and Natural Resources pPRC�16ENt Post office Box 27687 �pNp Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY e' WILMINGTON DISTRICT, CORPS OF ENGINEERS JD P.O. BOX 1890 J WILMINGTON, NORTH CAROLINA 28402-1890 CE REPLY TO ATTENTION OF April 24, 1996 Regulatory Branch Action ID No. 199601651 Mr. William S. Richardson Currituck County 39 Courthouse Road Currituck, North Carolina 27929 Dear Mr. Richardson: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 22, 1996, for Department of the Army (DA) authorization to discharge fill material into an existing man-made basin, on property owned by the County of Currituck, located off State Road 1232, adjacent to Tulls Creek, near the Community of Sligo, Currituck County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601651. It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S- Regulatory Project Manager Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 RE 00-u AFR�G9t1996 AJANAGEMNT VICINITY '•.,�� I o Lq I BASIN 77 �- Iyr I o' PARCEL ' 30,929 S.F. I 5.60, SEAL L-2677 �SURIE5 '...... ..•• � 7LRp8 luu�uw►` m O I rn to . a m iv SET PIN 911' SAO% AMNOQ OF SET PIN S I1'58'45' E 218.77' I SET PIN 1232 TO C6 INfG75ECR0! OF N.6 16B ..'.� T1 T'T•I.. �'�'�. ..�....•. •:.'. •.'..•. •. •... •.:.•••.'..:•..'.'.'.'.•.•.•:.'.'.:•...'...................... .. .................. ... ...... .. .. ...... .. .. .... .. ......... .1 ..........'.. P ............................ K.. N!94:.: N 11.58'45' Wr .. ...,- .. .. ...,..,. . ......�..P.K. POYNER ROAD 60' R/W SR 1232 REFERENCES: DO 321, PG 179 DO 103, PG 588 DO 209. PG 329 BEARING ROTATION AS PER D.O.T. PROJECT NUMBER 6.049005T I, WIWAM T. ROBBINS, CERTIFY THAT THIS MAP SURVEY FOR WAS DRAWN UNDER MY SUPERVISION FROM AN NORTH CAROLINA WILDLIFE ACTUAL SURVEY MADE UNDER MY SUPERVISION, AND MEETS THE REQUIREMENTS OF TITLE H RESOURCES COMMISSION. NORTH CAROLINA ADMINISTRATIVE CODE, CHAPTER 56. WITNESS MY HAND AND SEAL THIS THE 29TH DAY OF FEBURARY . , 199& REGISTERED LAND SURVEYOR L-2677 PARCEL AT SLIGO CRAWFORD TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA °Q 2-29-96 Scale: 1' 50, V—g. I AWilliam T. Robbins Avg. Grcl. l:lev.: SURVEYOR A3-6' (910) 453 —2128 BC 63 BOX 19 fain) 1.R1-1nn0 POPI.AR RRAWK NC 070RR DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Currituck County 2. LOCATION OF PROJECT SITE: Poyner Road (SR 1232), 1.15 miles from US 168, Tulls Creek Photo Index - 1989: N/A 1984: N/A State Plane Coordinates - X: 2859300 Y: 1002150 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/11/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - April 9, 1996 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: No (D) Intended Use: Parking Area (E) Wastewater Treatment: Existing - Septic system Planned - N/A (F) Type of Structures: Existing - Boat Basin Planned - Parking Lot (G) Estimated Annual Rate of Erosion: N/A -Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other Public Trust 22,205 square feet (D) Total Area Disturbed: 22,205 square feet (0.51 acres) (E) Primary Nursery Area: No (F) Water Classification: SW Open: N/A 8. PROJECT SUMMARY: The applicant proposes to fill an existing 1/2 acre basin in Public Trust Waters on a man-made canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. Currituck County Bio Report Page Two SITE DESCRIPTION The applicant owns a 20 acre tract located on Poyner Road (SR 1232) approximately 1.15 miles from NC 168 in the Sligo area of Currituck County. The tract lies along Tolls Creek and has a man-made canal and a 'h acre basin. A septic tank, picnic area and a parking area are other man-made improvements that are located on the tract. Adjacent properties consist of undeveloped wetlands and the NC DOT right-of-way for Poyner Road (SR 1232). The development area is approximately two acres and soils consists of spoil material from the excavation of the existing basin and fill material brought in from an upland source. Loblolly pine (Pinus taeda) and yard grasses represent the predominant plant life. The average elevation of the development area is two feet. The average depth of the basin is 71/2 feet. 'hills Creek is classified as B SW by the Division of Environmental Management. DEVELOPMENT PROPOSAL The applicant proposes to place a 30 foot wooden bulkhead across the mouth of the basin and backfill the entire basin. The purpose of this development is to create more parking area for a future NC WRC boat ramp. NC DOT will provide the spoil material from the NC 168 road widening project. The bulkhead is to be constructed before any backfilling activities. ANTICIPATED BIPACTS Approximately 22,205 square feet of Public Trust Waters will be filled. Approximately 7,813 cubic yards of fill material will be required to fill the existing basin to an elevation of two feet above NWL. Turbidity will temporarily increase during construction. Submitted by: Frank A. Jennings, III Date: April 17, 1996 •- CK CpG Currituck County 1610 Attachment I �Crl p_cb \ APR 9 1996 Deparm=r of Planning and Inspections . Post Office Box 70 Outtituck, NoA Carolina 27929 919.232.3055 /919-232.3378 FAX 919-232-3026 The proposed project, Poyners Road Boating Access Area (Tulls Creek) indicated on the., application will include filling the basin and , the construction .of a bulkhead lined with a GEO textile sediment curtain, 'to close the mouth of the basin off from the rest of the canal. The project will involve taking spoil material from the NCDOT NC168 .road widening project. At present the basin serves no real purpose to the area; it is a manmade basin which has no natural flushing Action to cleanse the basin of stagnate water. With increased public activity to the area there will be a potential for erosion around the basin perimeter. Filling the basin would not only enhance the area but also add to its usefulness, with increased parking space and ground area. The Wildlife Resource Commission, who the property will be leased to, will eventually construct a public boating access consisting of a pier, bulkhead, and boat ramp. This project will not only benefit the community, it will be an asset to the county providing many recreational resources such as fishing, boating access, areas for picnics, and other related outside recreational activities. J'Dw ICI a q(oi3ad l Z V � 1 �S P 547 549 747 S Postal Service- leceipt for Certified Mail { 3 Insurance Coverage Provided. ! ':._ m SENDER: a not use for International Mail See reverse l " - ` •O -Complete items f and/or 2 for additional services. I also wish to receive the •Complete hems 3, 4a, and 4b. following services (for an t m •Print name and address on the reverse of this form so that we this R4r. Harold M Holder your can return ex ): _ card to you. extra fee p •Attach this form to the front of the mailpiece, or on the batik if space does not d. ❑ Addressee's Address ;reel & Number..'.' P.O. Box 2 permit a •Write'Retum Receipt Requested' on the malpiece below the amide number. 2. ❑ Restricted Delivery :' « OThe Return Receipt will show to whom the article was delivered and the date tsl QI[Ica, 5au. 8 Z r Code Moyock, NC 27958 - ii delivered. Consult postmaster for fee. Wage $ S _ _- - -,s 3. Article Addressed to: o• Mr. Harold M Holder E o P.O. Box 392 4a. Article Number 1 :Nfied Fee 1.10 4b. Service Type pedal Delivery Fee �. u w Moyock,' NC 27958 - - . w '- ❑ Registered Certified r ❑Express Mainsured stricted Delivery Fee - Ix ---7%. Retum Receipt for Merchandise ❑ COD FnKR pl)ah*!r1g to Date of Delivery iom 6.9ate 1 if) r=''-�"• E 547 549 748 stal Service eipt for Certified Mail urance Coverage Provided. Mr. Alan Russell e $ :d Fee 1.10 1 Delivery Fee led Delivery Fee Receipt Showing to 1.10 _. Z _ M S. Received By: (Print Name) 8. Addressee's Ad - - w and lee is paid) f- m SENDER: . - n5 •Complete hems 1 and/or 2 for additional services. m I also wish to receive the following SefVI0e3 (for en m •Complete items 3, 4a, and 4b. •Print your name and address on the reverse of this torte so that we can return this extra fee): `a card to you. Attach this form to the from of the mailpiece, or on the back if space does not t ❑ Addressee's Address - - of permit. SWAIe'Retum Receipt Requested' on the mailpiem below the article number. • 2.13 Restricted Delivery 'The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. C 0 � 3. Article Addressed to: 4a. Article Number / = a Mr. Alan Russell W ab. ServiceType(' i M NCDOT District Engineer Office [3 Registered D�Certified t lUS 17 North ❑ Express Mail ❑ Insured Elizabeth City, NC 27909 ReturnReceiptforMerchandise .❑ COD 7. Date of Delivery 5. 6. Signal T X N PS Form O. Auura55uu 5 Au ^� and fee is paid) State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 17, 1996 Mr. William S. Richardson Currituck County 39 Courthouse Road Currituck, NC 27929 Dear Mr. Richardson: [DEHNFR The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on Poyner Road (SR 1232), 1.15 miles from US 168 on Tulls Creek. It was received on April 9, 1996 , and appears to be adequate for processing at this time. The projected deadline for making a decision is June 23, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919.264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10%postconsumer paper April 17, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, ";� L3. \ Frank A. Jennings, III Field Representative I FAJ/kh Enclosure cc: John Parker Richard L. Watts P CAMA PERMIT APPLIED FOR PROJECT: To fill an existing � acre basin in Public Trust Waters on a man-made'canal off Tulls Creek and construct 30 feet of bulkhead along the created canal shoreline. COMMENTS ACCEPTED THROUGH APPLICANT: William Richardson Currituck County 39 Courthouse Road Currituck, NC 27929 13, 1996 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Frank Jennings NC Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 BOOK PAGE PAGE 180 Raisor by deed recorded in Book 193, Page 588, Currituck County Registry. The property hereinabove described was acquired by Grantor by Instrument recorded In ,.Deed„IloolS„ 209,,,_Page,,, 3„7,9, ... Bnd _Rgx; aA rY..e...................................................................................... A map showing the above described property Is recorded In Plat Doak...7 ............................... page .... G3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey Lite same in fee simple, that title Is marketable and free and clear of all encumbrances, -and that Grantor will warrant and defend the title against the lawful cinims of nil persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject.to life following exceptions: None IN WITNESS WHIRMEOE, the Quiet., he. here..&. .I his hand end .e I. , 11 spent", has .....a Ohl. Imlmmenl to be al[ned Jr, Its eorporete ame by It. duty .emo,l.ed olflcen and It. net 1. be hereunto asltsed an oinorar of 1 ppp ,d of Director., Ihr dos and year first so lei (Cetponle Nam. MARK K. RAISOR 0 ............................ P... Ideal ATTEST: __________________ _ ____ _ M ;,;;._.eeerelaly (Co,rorale Eeall 2V_____________________________________________________________(SEAL) .' 7EEAL-ETAIIIP e•^.•�y�i NOnTG CAROLINA...... --------------- county. a a JI 0 4: A 1, a Notary Public of the County and Elate aforesaid, certify that__MRrk_SA_Raisnc__________________ of U •Z,At�, F+. __ oravlor, Cy__________________________________________________________________________________________________ 9 m personally appeared be/ore me this day and acknowledged the execution of the foregoing Instrument.1TINeu my ' •..' •.......•(b w•` p bend aria atheist sltmp o, ...I. this ..'5. day of __ Jul Y________________________________ •'"yf ;(� N�lttalass 1 '24--I b IoI�C% 1/��/�(��� n1r eommisNan earlre__ __ ________ _________________ __ _ _ �._J_A .----------- Notary Public SEAL•STANIp - NORTH CAROLINA- . . -. _Counlr. I.. Misty Pont[. el the County and Stale sfornald,-cullry that .......................................... Y per.onally, came before on. In[. doy and acknowledged that ._._ he Is ___________________________ Secretary of .---------- _------------------------------------------ _ • North Carolina cefponllan, and that by authority duly '• [Iven and a the act of the eorponlloq the fofereing Instrument wn aigned In It..... by I+_ _______________ � Pntltlenl, used with It. earpenle uA and asset by ___________ a 11_ ___________________________ secretary. Wit.... in, nano and elllclal .lams of tell, Ihla _______day of ___________________________ Iy_______.. blycommission eapl... ________________________________________________________________________ Notary Public The lorerolnr Certlll,.DD) of __ ..__. .__._. ' .______ - .... . -�___•:-__sees_._ _ -------•--------------------------•_•-_.... ...._..._�_____-_______-----__-------- ..__. ----------- .--.--------------------------------- D/.re « rllr� l be eon 1. Thl. Imo. land this «Illllcalc ... duly rtglatered LL 1M1e tla a and Ilme In the Rook and Page shown on the Ilnlpge of sw .-- •---• ----- .. . . REOISTE.R Cy REEDS F[m(---p� " �- � -- - - ` .__ConNTY DY ___________________________ ___________________ ___.................. __Deputy/Anlai.nt• Grant., of Deed. NC. gar Assn Form No. s p 1976, RONeed lair printed by Agreement with the N C. ear Alen. Pont. Priming Co•Ina P.O. ft. 6ee87, DistNBh, N.C. 27658 w GOOK 32j PAGE 179 CURRITUCK CHTY ay-16-93 $290. 00 STATE OF OSOLINA u I,T Real Estate CA ,� J Excise Tax Exclse Tax 1 G FILED 93 JUL 19 BP] 9; 59 cl+nnt.ErlE'�• DowDY REGISTER OF DEEDS ;IRIRITUCK COUNTY N,®, Recording Time, nook and Page Tax Lot No . ..... :................................................................... .................. Parcel Identifier No. ..0031-000,-0047.-0000............................ Verified by .:.... .............. :.................................................. County oil the ................ day of ................................. :........ I ............. 1 19............ by................. :....................................... ........................................... ........ ....... .................................................. .... ...... :.............................................. i Mail after recording to ......Walker kAtinam.................................................................................................... ......................... ..................................................... O...Box... 85,...Cu:r1tuck.,...NC.....27.929................................................................................................... This instrument was prepared by .William 11. Roam,.. Jr.....................................................;............................................. Brief description for the Index 2 Tracts on Poyner's Road NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ..... day of ...July ............................................... 19.93....... by and between GRANTOR MARK K. RAISOR, Unmarried Pat., In appropride block for sad, party: name, eddmss, and, 11 oppr GRANTEE 9 THE COUNTY OF CURRITUCK PO Box 39 Currituck, NC 27929 LAND TRANSFER _TJ,1X AMOUNT' Sf� DATE PAID COLLECTOR iprlate, character o/ entity, e.4. corporation or partn ahlp. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, said assigns, and shall include singular, plural, masculine, fmnini a or neuter as required by context. WITNESSETII, that the Grantor, for a valuable consideration poll] by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell said convey unto the Grantee In fee simple, all that certain lot or parcel of land situated it] the City of ..................... ............. ...... .......... ..:.... . ...Crawford......................... Township, Cu[ci[uck....... ....... ........ .,_. Coady, North Carolina and more particularly described its follmrs: Tract 1. That certain property shown and delineated on map entitled "Subdivision of property of Currituck Shores Development Corporation located at Poyner's Rd. and Tull's Creek, Crawford Township, Currituck County, NC," prepared by George F. iloggard, Civil Engineer and Land Surveyor, Portsmouth, Virginia, under date of April 26, 1964, recorded in Currituck County in Map Book 2, Page 63. This is the same property that was conveyed to Allan D. Coleman and wife, Ruth S. Coleman by the following deeds: Book 106, Page 470; Book 108, Page 667; Book 125, Page 732; and Book 185, Page 575, all or the Currituck County Public Registry. Same conveyed to Mark K. Raiser by deed recorded in Book 209, Page 329, Currituck County Registry. . Tract 2. That certain tract of land containing 20 acres, more or less, beginning on the North side of a canal at the point of intersection with the West side of Poyner's Road, which beginning point is situated a distance of 475 feet, more or less, northwardly from Poyner's Bridge, and running thence from said point of beginning in a westerly direction along the North bank of said canal to Tull's Creek; and thence along Tull's Creels northwestwardly to the property formerly owned by Alice Ilarrell,-thence along the.ilarrell property line northeastwardly to a corner of same; thence along the Union Camp Corporation line southwardly and eastwardly to the west side of foyner's Road; thence souihwardly along the west aide or Poyner's Road to the point of beginning; together with a strip of land extending northwardly along the West side of Poyner's Road and Lite east side of Old Poyner's Road, said strip being approximately 50 to 75 feet wide, and extending a distance of 600 feet, more or less, to the point of intersection of Poynet's Road and Old Poyner's Road. Same conveyed to Mark K. N.C. oar Anac. roan No. r a 1916, llevl¢d 1911. h.w erWl A. mt. ,,..m.aa.