20001101 Ver 1_COMPLETE FILE_20000817

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
D E N R
October 27, 2000
DWQ# 00-1101
Currituck County
John M. Tyler
4745 Bayard Street
Pittsburgh, PA, 15213
APPROVAL of 401 Water Quality Certification
Dear Mr. Tyler
You have our approval, in accordance with the attached conditions, to fill 0.08 acre of wetlands in order to
construct a 61-foot long bulkhead with a 45-foot return wall, as described in your application received by the
Division of Water Quality on August 17, 2000. After reviewing your application, we have determined that this fill
is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA
Permit when it is issued by the NC Division of Coastal Management. 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 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 for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For
this approval to be valid, you must follow the conditions listed in the attached certification and the additional
condition listed below. .
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
conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Non-Discharge Branch 1621 Mail Service
Telephone [phone]
?te . to ns
C Raleigh, North Carolina 27699-1621
FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper

LTIKAA
.-WA
JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN"
SECRETARY
DONNA D. MOFFITT
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
I
August 15, 2000 -..- e
UJETLA14DS GIR _
AHMORANDUM:
TO: John R. Dorney, Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: John Tyler
Project Location: Phase I Lot 119 South Harbour View, Monteray Shores PUD,
Corolla, in Currituck County adjacent to the Currituck Sound
Proposed Project: Construct a 61' long bulkhead with a 45' return wall and fill
approximately 3,272 square feet of `404' wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 5, 2000. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended
changes are incorporated. See attached.
This office objects to the project for reasons described in the
attached comments.
SIGNED DATE
ELIZABETH CITY REGIONAL OFFICE
1367 US 17 SOUTH, ELIZABETH CITY, NC 27909
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: John Tyler
2. LOCATION OF PROJECT SITE: Phase I, Lot 119, on the east side of South Harbour View
Monteray Shores Planned Unit Development,, on the Currituck Sound,.in Corolla, Currituck
County.
Photo Index - 1995: 201-107 013 1989:140-17 F&G 10 1984: .13 5-627 H 18
State Plane Coordinates - X: 959675 Y: 2935475
3. INVESTIGATION TYPE: CAMA Dredge/ Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 27, 2000
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - July 10, 2000,
Office - Elizabeth City
6. SITE DESCRIPTION:
- (A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation/Transition
(B) AEC(s) Involved: Estuarine Shoreline, Estuarine Water and Public Trust
(C) Water Dependent: Bulkhead - Yes "404" Wetland Fill -No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Water Sewer
Planned -None
(F) Type of Structures: Existing- None
Planned = Bulkhead and fill in "404" wetlands
(G) .Estimated Annual Rate of Erosion: Less than two feet
Source Staff observation
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Delineated Section 404 3,272s.f.
(B) Non-Vegetated Wetlands 260s.f.
(C) Other: High Ground 505s.f
(D) Total Area Disturbed: 4,037s.f (.092 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant, John Tyler, proposes to construct a 61' long
bulkhead with a 45' return wall on the south side of the property, adjacent to Section "404"
jurisdictional wetlands. The project will also include filling approximately 3,272 square feet
of Section "404" jurisdictional wetlands.
John Tyler
Field Report
Page 2

PROJECT SETTING
The project site is lot 119, in Phase II of the Monteray Shores Planned Unit Development, on
South Harbour View, adjacent to the Currituck Sound, on the Cun ituck Outer Bank, Corolla, Currituck
County= The property is a vacant undisturbed residential lot 13,808 square feet in area with 76' linear
feet of shoreline. An isolated pocket of Section "404" jurisdictional wetlands,. 5,018 square feet in
area, -extends almost the entire length of the property on the southern 1 /3 of the lot, that bisects all but a
15' section in the center of the lot (Reference the Enclosed Site Plan).
Both adjacent riparian properties (to the north and the south) are developed residential lots
with shorelines that have been stabilized with bulkheads. The wooded wetland pocket on the
_applicant's.- property extends into the .property. to the south, belonging to Tarra Power. Ms. Power
recently:receiveda.CAMA. Major Permit (# 105-99) to stabilize the shoreline, and fill a section: of the
wetlands (See: the,Enclosed Site Plan for Tarra Power).. Located to the east is. South Harbor View and
to the west is the Currituck Sound.
Dominant high ground vegetation found on the site includes Virginia creeper(Partenocissus
quhiquefolia), live oak (Quercus virginica) loblolly pine (Pinus taeda), wax myrtle (Myrica cerifera),
poison `ivy(Taxiodendron radicans), and saw brier (Smilax bona-nox). Section "404 Wetland
vegetation includes, but is not limited to, red bay (Magnolia virginiana), soft rush (Juncus effusus),
arrow arum (Peltandra virginica) and cinnamon fern (Osmunda cinnamomea).
The?property, has an irregular, shoreline with a'small, sandy beach on the-northwest corner of
the shoreline; and-the remainder, of the shoreline is littered with fallen trees. It appears from:comparing
ae iaPphotographthatthe erosion rate at this site is less.than two feet per year; with the majority.of the
erosion:occurring on>the-northwestern comer _ A small amount of riprap is located atthe corner of the::.
adjacent'bulkheadtothe north and extends into the applicant's property.. The water bottom within the
project area is sandy and shallow with a depth of approximately one foot at a distance?of sixteen feet
waterward of normal water level (NWL). No submerged aquatic vegetation was found within the
project area.
Currituck Sound is classified as joint waters by agreement between the Marine Fisheries
Commission and Wildlife Resource Commission. The Division of Environmental Management's water
qualityclassification for Currituck Sound is SC (fish propagation). Additional review indicates that
there are no known archeological sites or unusual geological formations associated with the applicant's
property. The project being proposed falls in a Coastal Shoreline Area of Environmental Concern
(AEC), a category that includes the Estuarine Shoreline. The project also falls into the Estuarine and
Ocean System Category that includes Estuarine Water and Public Trust Areas.
PROJECT DESCRIPTION
According to the application, John Tyler proposes to construct a 61' wooden bulkhead a maximum of
John Tyler
Field Report
Pages 3

16'; and an average of three feet, waterward of NWL. Eight-foot tieback rods are proposed for the
bulkhead and will require disturbance-ten feet landward of the proposed alignment. Approximately
260 ;square feet of shallow bottom/ Estuarine Water will, be: filled and will result in the placement of
five: eubicyards of fill below NWL. The proposed bulkhead will have a height of four feet, measured'
from shallow water bottom, and includes a45' return wall. on the south side. Approximately 285
square feet of Section "404' wetlands will be filled within the 30' buffer (Implemented by DCM on
August 1,1000). An additional 2,987 square feet of "404" wetland fill is proposed landward ofthe 30'
buffer." The average depth of the wetland fill will be three feet and will require approximately 363
cubic-yards of fill in vegetated wetlands. The applicant proposes to confine the fill with a silt fence
staked on eight-foot centers. There is no indication in the application, or associated material, that the
fill material will be sloped (Reference Enclosed Cross Section Drawings). The purpose of the fill,
indicated in the. application, is to prepare the lot for residential.development.and to allow for setbacks,.,
for a septic.:system; However, the lot in question is serviced`by.a central water: and sewer .system and
does not necessitate the placement of a septic system.
ANTICIPATED 11"ACTS
• High ground/ upland disturbance associated with the construction of the proposed
bulkhead will equal approximately 505 square feet and will include the installation of tie .
back rod and "dead-men" anchors.
- • Cons ruction.,of the bulkhead, as proposed, will result.in:the loss:.of:260_square-feet o&:,1 . -
-shallow: water-bottom' and Estuarine Water."perapplication (305 =square feet .per ,staff
calculations).
• " The.extension.of the return wall on the south side "of.the property. will;,result:in land
Y disturbance within the 30' buffer, beyond that which is necessary for the installation of
eight foot tie back rods.
•" ° Proposed' Section "404" Wetland fill will result in the filling of approximately 285
square feet within the 30' buffer.
• The proposed wetland fill will result in the loss of approximately 3,272 square feet of
Section "404" Wetlands.
0 Temporary localized turbidity can be expected during the installation of the bulkhead.
• John Thayer will provide Land Use Plan Consistency Review in a separate letter.
Submitted By: Lynn W. Mathis
Date: August 8, 2000
PROJECT NARRATIVE
John Tyler - Lot 119, Monteray Shores S/D, Corolla
Our client is proposing to improve his soundfront property on the Currituck Sound in Monteray
Shores Subdivisionby preparing it for residential construction and protecting the eroding
shoreline by constructing a wooden bulkhead. The wooden bulkhead is proposed to be
constructed 106 linear feet, an average of three to sixteen feet waterward of the NWL
(measurements taken' in ten foot increments). The proposed bulkhead will tie into the north
riparian landowners existing bulkhead, however, the south end of the proposed bulkhead will
take a turn east to allow an opening for existing wetland drainage. Backfill for the bulkhead and
fill for preparing the lot for residential construction will be trucked in, graded and smoothed,
using a bulldozer. The size of Lot 119 is 13,808 square feet. Fill to prepare the lot for residential
construction is 3,272 s.f.; backfill for the bulkhead is 260 s:£, totaling 3,532 s.f. of area to be
filled. Total fill below the NWL will not exceed 5. cubic yards.
Although it is likely we are exceeding the annual erosion rate, we are applying for.the alignment
pursuant to the provisions T15A NCAC.07H.0208(b)(7)(D).
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Corolla
c. Street address or secondary road number
South Harbor View, Corolla
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address 4745 Bayard Street
City Pittsburgh State PA
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Currituck Sound
- Zip 15213 "Day Phone
Fax
b. Authol aed Agent:
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name Environmental Professionals, Inc. a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Adzess_PO Box 3368 Property owner proposes to fill 404 wetlands to
prepare the site for residential construction and
City-Kill-Devil Hills State NC protect the eroding shoreline with awooden
bulkhead and backfll with suitable sand.
Zip' ' 27948 Day Phone°441.0239 b. Is the proposed activity: maintenance of an.existing
project, new work, or both? new
Fax [phone]
c. Will the project be for public, private or commercial
use? private
c. Project name (if any) Tyler EPI #00-084
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
NOTE: Permit will be issued in name of landowner(s), and/or If more space is needed, please attach additional
pages. 404 wetlands will be filled to prep the site for
project name:'" residential construction and allow for septic setbacks. -
A wooden bulkhead will be constructed along the
shoreline and backfilled with suitable sand to prevent
2. LOCATION OF PROPOSED further erosion to the shoreline. The bulkhead will be
PROJECT constructed using a hydraulic puma and hand tools.
Backfill for the bulkhead and fill to prep the site will
be graded and smoothed using a bulldozer.
a. County Currituck
Revised 03/95
Form DCM-MP 1
4. LAND AND WATER n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
CHARACTERISTICS
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
a. Size of entire tract N/A
b. Size of individual lot(s) 13,808 sq.ft. = 0.32 acres
c. Approximate elevation of tract above MHW or NWL _
+/- 7 feet
d. Soil type(s) and texture(s) of tract
Sandy loam
o. Describe existing drinking water supply source.
Central
e. Vegetation on tract Pines and scrub thicket 5. ADDITIONAL INFORMATION

" f.
features?now ontract None
Man-made In addition to. the completed application form, the .
.
following items must be submitted:
g. : What is the CAMA Land Use Plan land classification 0 A copy of the deed (with state application only) or,
of the site? (Consult the local land use plan) other" instrument under which the applicant claims title ;
to the affected properties. If the applicant is not
X Conservation X Transitional claiming to be the owner of said property, then forward
Developed _ Community a copy of the deed or other instrument under .which the
Rural Other owner claims title, plus written permission from the
owner to carry out the project.
h. How is the tract zoned by local. government?
Residential- 0 An accurate, dated work plat (including plan, view,
and cross-sectional drawings) drawn to scale in black
i. is the proposed project consistent with the applicable " . ir on an 8 1/2" by IV white paper. (Refer to Coastal ,
zoning? X Yes No Resources Commission Rule 710203 for a detailed
(Attach zoning compliance certificate, if applicable)
description.)
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
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other 404 wetlands
If yes, has a delineation been conducted? Yes
(Attach documentation, 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 site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
*A Stormwater Certification, if one is necessary.
m. Describe existing wastewater treatment facilities.
Central
*A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
Revised 03/95

Form DCM-MP-1
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 Tarra L. Power
Address 125 Cottonwood Court
Phone Dovletown. PA 18901
Name - ..: Lisa M. Benz
Address 623 Upper Grassy Hill Road
Phone Woodbury. CT 06798
approved. Coastal Management Program and will :be,
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact, grant
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application . and follow-up monitoring of, the
project.
I further certify that the information provided in< this
application is truthful to the best of my knowledge.
.
This is the 7th day of July . 2000
• A list,of previous state or federal. permits issued for
Print Name John M. Tyler EPI #00-084
work on the project tract. Include permit numbers,
permittee, and :ssuing,dates. ,
Signature
Landowner or Authorized Agent
None
Please indicate attachments 'pertaining'"to your proposed
• A check for a11i`H _! made payable to the Department of project.
Environment, 'ealth, and Natural, Resources X DCM MP-2
(DEHNR) to cover;, the costs - of processing the DCM MP-3
application.,
X DCM MP-4
DCM MP-5
• A signed=..AEC hazard notice 'for projects., in DCM MP-6
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
oceanfront and mlet areas.
NOTE. Please sign and date each attachment in the -
• A statement of compliance with the N.C. space provided at the bottom of each form.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
Revised 03/95
AND FILL.
(Except bridges and culverts)
Attach this form to Joint Application for CAMA 1. EXCAVATION N/A
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application a. Amount of material to be excavated from below
that relate to this proposed project. MFiW or NWL in cubic yards N/A
Describe below the purpose of proposed excavation b. Type of material to be excavated N/A
...or fill activities. All values to be:given in feet.
Average Final c. Does the area to be excavated include coastal
Existing Project wetlands? Yes, No N/A
Width rlanth Tlanth
Rock (rip rap)
breakwater
Other
(Excluding
shoreline
stabilization)
N/A I ----
N/A I ------- I ------
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to 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? N/A
Revised 03/95
Form DCM-M[P-2,
e. Does the disposal area include any coastal Yes No N/A
wetlands(marsh), SAVs or other wetlands? N/A If Yes,
Yes X No (1) Amount of material to be placed in the
water N/A
f. Does the disposal include any area in the water? (2) Dimensions of fill area N/A
Yes X No N/A
(3) Purpose of fill N/A
3. SHORELINE STABILIZATION
b. Will fill material be placed in coastal wetlands
A. Type of shorelm" e'stabilization (marsh), SAVs or other wetlands? N/A
X Bulkhead Riprap Yes A!W No
QevT, b?9cn. r?n?cn?-c E "'Ytr .
b. Length 106' 5. GENERAL
c. ; Average distance,w,ater-ward of MHW or NWL a. How will excavated fill material be kept on site
3 feet (measuremients taken in 10' increments) and erosion controlled? Material will be placed
landward of the bulkheading_and smoothed and
d. Maximum: distance,,waterwaid of MHW or NWL grassed. -- Silt fence will be placed. where fill is
16' placed to prep the site for residential construction.
e. Shoreline erosion during preceding 12 months b. What type of construction equipment will be
Not recorded used (for example, dragline, backhoe, or
(Source of hydraulic dredge)?
information) Hydraulic pump, hand tools and dozer.
77-
Type of bulkhead or riprap material
Wooden bulkhead-
c,
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill 5 cubic yards
h. Type of fill material sand
1. Source of fill material commercial
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? N/A
Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
John Tyler EPI #00-084
Applicant or Project Name
`1 loo
Date
Revised 03/95
Form DCM-MR4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, e.
Form DCM-MP-1. Be sure to complete all other sections of the
Joint Application which relate to this proposed project.
a. Dock(s) and/or Pier(s) N/A
(1) Commercial Private Community
(2) Number
(3) Length
(4) Width
(5) Finger Yes , No X
Piers.
(i) Number
(ii)' Length f.
(iii) Width
(6) Platform(s) Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed N/A g.
(8) Proximity of structure to adjacent riparian property
lines..:.... N/A
(9). Width of. water body . N/A
(10) Water. depth at waterward end of pier at MLW or
NWL_, . , N/A
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 N/A
(2) Length
d. Breakwater,(e.g. wood, sheetpile, etc.) Bulkhead
(1) Length 106 feet
(2) Average distance from MHW, NWL, or
wetlands 3 feet (measured 10' increments )
(3) Maximum distance beyond MHW, NWL or
wetlands 16'
Mooring buoys N/A
(1) Commercial Private- Community
(2) Number
(3) Description of buoy (Color, inscription, size, anchor, etc.
(4)
(5)
Width of water body
Distance buoy(s) to be placed beyond shoreline
Mooring structure (boatlift, mooring pilings, etc.) N/A
(1) Commercial Community Private
(2) Number
(3) Length
(4) Width
John Tvler EPI #00-084
Applicant of Project Name
Signature
l
Date
Revised 03/95

4'
3
ENSCARPMBNT V ARMS 2'-4'
ell,
T NWL
DETAIL OF BULKHEAD
1"= 5'
UNDISTURBED AREA
a
ENVIRONMENTAL PROFESSIONALS, INC.
Ptuming for a BetW r Environment
2810 N. CROATAN HIGHWAY
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
(252)4414)239
(252)441-TM (FAX)

PAGE20F2
FOR PERMITTING PURPOSES ONLY-NOT FOR CONSTRUCTION
BD&A LOT 119 MONT TRAY SHORES
JOHN TYLER
PHASE1 COROLLA
CURRITIJCK COUNTY NORTH CAROLINA
SCALE NOTE EACH DATE: 6/27/00
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