19960788 Ver 1_Complete File_19961007

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
960788
You have our approval to fill in 110 square feet of waters for the purpose of constructing a paved
pedestrian facility and bulkhead at NC 12, Sanderling subdivision, as you described in your application dated
7 October 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 us 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
ston How r. P.E.
960975.1tr
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October 29, 1996
Dare County
DWQ Project # 96095'
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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DIVISION OF COASTAL MANAGEMENT s
FIELD INVESTIGATION REPORT d
1. APPLICANT'S NAME: N.C. Department of Transportation
2. LOCATION OF PROJECT SITE: East side of NC 12, Sanderling Subdivision, 4 miles north of
Duck Village, Dare County adjacent Currituck Sound.
Photo Index - 1995: 185-1948 T-4 1989: 142-66 K-9 1984: 135-618 Q-19
State Plane Coordinates - X: 2956000 Y: 912000
RF?F'?4=Q
3. INVESTIGATION TYPE: CAMA/D&F
CST << '1 iy*
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/06/96 s
Was Applicant Present - No ErwiK?x??YF ''?'
5. PROCESSING PROCEDURE: Application Received - September 12, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Transitional, Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - 20' wide pavement within 60' right-of-way
Planned - 8' wide paved pedestrian facility, 55' long bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
` DREDGED FILLED
OTHER
(A) Non-Coastal Wetlands 110 square feet
(B) Highground Impervious Coveraize
(Estuarine Shoreline) 4,000 square feet
(C) Shallow Water Habitat 110 square feet
19
(D) Total Area Disturbed: 4,220 square feet (.10 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The N.C. Department of Transportation proposes to construct a 55' long
section of 8' wide paved pedestrian facility within the right-of-way of NC 12 after bulkheading and
backfilling an area 4' wide x 55' long located within and adjacent an existing impoundment area.
N.C. Department of Transportation
Bio Report
Page Two
Project Setting
The North Carolina Department of Transportation recently constructed the first phase
of an 8' wide paved pedestrian facility along the east side of NC 12 in northern Dare
County. The mile-long first phase begins north of the Southern Shores town limits and ends
south of the Village of Duck. The next phase, which is slated for construction this fall,
involves the filling of non-coastal wetlands located within an Estuarine Shoreline Area of
Environmental Concern. These wetlands are located on the bank of an impoundment near
the eastern end of a 36-inch corrugated metal pipe under NC 12. The pipe, which connects
Currituck Sound on the west side with the unnamed impoundment on the east side, is located
4 miles north of the Duck water tower and approximately 200 feet south of Waxwing Lane in
the Sanderling Subdivision. Approximately 1' to 7' of the NC 12 right-of-way has eroded
along the shoreline of the impoundment (in an area 42' south of the pipe and 10' north of it).
A thick growth of common reed (Phragmites communis covers the sloping bank of the pond
in the vicinity of the project.
Waters of Currituck Sound in the vicinity of this project are classified SC by the N.C.
Division of Environmental Management and are closed to shellfishing.
Proposed Development
The applicant proposes to construct a 55' long wooden bulkhead a maximum distance
of 3' waterward of the normal water level of the pond and an average distance of 2'
waterward of NWL. The applicant also proposes to place backfill 2' - 6' landward of the
bulkhead in order to accomodate the construction of the 8'-wide pedestrian facility.
Anticipated Impacts
The construction of the 55' long wooden bulkhead and associated backfilling will result
in the filling of 110 square feet of non-coastal wetlands and the filling of 110 square feet of
shallow water habitat. Some short-term turbidity will result from the bulkhead construction.
Approximately 4,000 square feet of highground located adjacent the right-of-way and
within the Estuarine Shoreline Area of Environmental Concern will be covered with the 8'-
wide asphalt pavement.
J
CAMA Review
No archeological/historical significance has been associated with this site. No unique
remnant species or geologic formation are known to exist within the project area.
Land use plan consistency review will be submitted concurrently with comments from
other agencies.
Submitted by: M. Edward Harrell
Date: September 25, 1996
Form DCM-MP-1
APPLICATION
'c": 3 M
(To be completed by all applicants)
1. APPLICANT
b. City, town, community or landmark
Duck
a. Landowner:
Name N. C. Department of Transportation
Address P.O. Box 25201
City Raleigh State N.C
Zip 27611-5201 Day Phone [phone]
c. Street address or secondary road number
NC 12
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Unnamed Impoundment
Fax [phone]
b. Authorized Agent: 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name H. Franklin Vick P.E., Mgt., ME Branch
a. List all development activities you propose (e.g.
Address P.O. Box 25201 building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
City Raleigh State N.C. Construct 8-ft wide, paved pedestrian facility
adjacent to NC-12, requiring bulkhead and filling-
of Public Trust Waters/Estuarine Waters at pond's
Zip 27611-5201 Day Phone [phone] edge
Fax [phone]
b. Is the proposed activity maintenance of an existing
project, new work, or both? New Work
c. Project name (if any) Multi-use Pedestrian Facility
NOTE: Permit will be issued in name of landowner(s),
and/or project name.
2. LOCATION OF PROPOSED
PROJECT
c. Will the project be for public, private or commercial
use? Public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Purpose: To accommodate 8-ft
wide, raved nedestrian facility: Use: general Dublic_
Methods: Standard suadina and paving methods in
upland areas of Estuarine Shoreline, timber bulk-
head with deadmen and compacted earth backfill
at Public Trust/Estuarine Waters
a. County Dare
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL (+/-) 4.9 ft assumed datum)
d. Soil type(s) and texture(s) of tract
Corolla fine sand
e. Vegetation on tract Phragmites communis
f Man-made features now on tract Pond
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use
plan)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Single Family Residential
Is the proposed project consistent with the
applicable zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
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 X
If yes, has a delineation been conducted? No
(Attach documentation, if available)
SED g 5995
m. Describe existing wastewater treatment facilities.
N/A
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface runoff
from paved surfaces along pedestrian facility
o. Describe existing drinking water supply source.
N/A
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
0 An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 710203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
Form DCM-MP-1

trp '
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Sanderling Property Owner's Association
Address P.O. Box 471
Kitty Hawk. NC 27949
Name
Address
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.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to
conditions and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 30th day of August , 1996
Print Name H. F in Vic
Signature 4??I_
dIaAdas;ner orAuthorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
X_ DCM MP-3
X_ DCM MP-4
_ DCM MP-5
DCM MP-6
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2

SAP y99
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(NEW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
FILL
EXCAVATION

I

55 (+1-)4 (+/-) 3 N/A
550 8 N/A 0.5
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards None
b. Type of material to be excavated Sandy soil
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 (+/-) 80
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Behind Proposed
Bulkhead (see below) and project right of way
b. Dimensions of disposal area 55 ft X (+/-) 4 ft
c. Do you claim title to disposal area?
X Yes No
'If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? _ Yes X No
If yes, where?
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
X -Yes No
f Does the disposal include any area in the water?
X Yes No
3. SHORELINE STABILIZATION AdkJ 9 14116 41k7-
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 55 feet
c. Average distance waterward of MHW or NWL
2 feet
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
1 foot
(Source of information) DCM
f Type of bulkhead or riprap material Timber
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill (+/-) 25 cubic yards
h. Type of fill material sand/soil
i. Source of fill material Upland excavate from
project area
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
H. Franklin Vick P.E.
Applicant or Project Name
a2 Qidir
Signature
Ausust 30, 1996 ^Date %
a. Will fill material be brought to site?
Yes X No

If yes,
(1) Amount of material to be placed in the
water (+/-) 25 cubic yards
(2) Dimensions of fill area 55 ft. X (±/-) 4 ft X
(+/-) 3.5 ft
(3) Purpose of fill backfill of bulkhead for
pedestrian facility
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 55 ft X ±/-) 4 ft
(2) Purpose of fill to accommodate
pedestrian facility
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Bulkhead will contain
fill, filled area behind bulkhead will then be paved
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Backhoe & Dumptruck
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
r
Form DCM-MP-3
UPLAND
DEVELOPMENT

SEP 3 1996
(Construction and/or land disturbing activities)
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.
a. Type and number of buildings, facilities, units or
structures proposed Asphalt Pedestrian Path
b. Number of lots or parcels N/A
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
N/A
c. Density (give the number of residential units and the
units per acre) N/A
d Size of area to be graded, filled or disturbed
including roads, ditches, etc. (+/-) 550 ft X 8 ft
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? _Yes X No; Less than 1 acre
If yes, date submitted
f List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
marl and asphalt
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 53%
j. Have the facilities described in Item i. above
received state or local approval? N/A
(Attach appropriate documentation)
k. Describe location and type of proposed discharges
to waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Surface runoff from paved surfaces at an unnamed
impoundment
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Yes X No
m.. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? N/A
H. F Vick P.E.4 ,7 4
App ci(, orpbject N _
Sjenatbre
August 30, 1996
Date
Form DCM-MP4
P;
4.1.1. ?1 r
STRUCTURES 8tp
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all other (1) _ Commercial -Community _ Private
sections of the Joint Application which relate to this (2) Number
proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community - Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) _ Yes No
(1) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Timber Bulkhead and earth backfill at edge of
unnamed impoundment within NCDOT right of
way. Bulkhead and backfill to support paved
pedestrian facility
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
H. Franklin Vick P.E.
rolect ??
S nature
August 30.1996
Date
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