19850011 Ver 1_COMPLETE FILE_19851007

i
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO85-N-028-0270
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
RECEDE
C ,PT
0 ? 1985
VhATER cis;,41_!TY 4tCTioN
OPT -: r:"Cfn".;::.?9ANCH
Dear Mr. Parker:
Reference the application of Messrs. Donald Pokewaldt and
Douglas Twiddy for a Department of the Army permit to construct
and backfill a bulkhead on Currituck Sound in Duck, Dare County,
North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letter of September 20, 1985 (copy enclosed), the National
Marine Fisheries Service recommended denial of the application due
to the proposed conversion of approximately 3700 square feet of
productive shallow water habitat and wetland vegetation to fast
land. A bulkhead,, constructed landward of marsh vegetation, would
provide protection from erosion. We concur with this
recommendation that authorization not be provided.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 3, 1985
Enclosure
-2-
r Y?
Copies Furnished:
VMr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine"Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
w:
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
1.
2.
3.
4.
5.
6.
7.

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
n
Applicant's name Pokelwal.dt and Twi.ddy.
Location of project site Currituck Sound at. Duck
ono photo coverage
Investigation type: Dredge & Fill' X' CAMA X -
Investigative procedure: (A) Dates of site visit-,3-1.2-85, 4-2-85, 8-6-85, 8-14-85
(B) Was applicant present _...Xe s ye s! n o - no
E'. C i ty .
Processing procedure: Application received 8-9-85 Office
--
Site description: (A) Local Land Use Plan Dare County
Land classification from LUP Community/Conservation
Development constraints identified in UP
Construction within the Conservation classification suitable-only
Irretrievably alter wetl ands or .estuari ne waters
^??el ®?m?ert ?•?? ?? not
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands wrt Public trust waters_ X_-o
Estuarine waters_ Other
(C) Water dependent: Yes No V_ _ Other
(D) Intended use: Public Private Commercial X condo/retail shops
(E) Type of wastewater treatment: Existing septic tank and drain field
Planned septic low pressure system
(F) Type of.structures: Existing two commercial structures
Planned frame buildings on pilings
observation
Source
(G) Estimated annual rate of erosion
Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
Scirpus sp. ) - --
par ina cynosuroi es 1,520 sgoft. --
(B) Non-vegetated wetlands:
Shallow water 2,700 sq.ft_
(C) Other:
(D) Total area disturbed: 4322Q
8. Project summary The applicant prooose?
condominiums/retail shops a Op xt?? l oc tQd nn tha C ixri t1 k Sulnul in_ uc-k --------
i
0
t
8. Project description_
The applicant owns a parcel on Duck which is on the Currituck Sound.
Two old buildings exist on the property, and one is presently being
renovated for commercial use. The property averages 4' above NWL
and slopes to the sound. The shoreline is littered with old tires,
rocks and other debris which were placed in an attempt to abate er-
sion. Remnants of delapidated bulkheads are scattered along the
shoreline, but are beyond repair and do not function to lessen ero-
sion.
On April 2, 1985, the Corps of Engineers and Coastal Management staked
an alignment for a general.permit bulkhead which was landward of the
fringe of marsh; -This marsh is comprised on Scir us sp, S ap rtina
c nosuroides, and some S artina patens and covers approximatel.y-
,520 sq.ft.
The applicant is requesting a bulkhead alignment which will tie into
the existing bu.lkhead to the south and average 17' waterward of the
NWL along its 190' lengtho Seven condominium/retail shops are pro-
posed to be built on the improved site,.all of which will be serviced
by a low pressure septic system.
10. Anticipated impatcs
If the development is constructed as proposed, approximately 2,700
sq.ft. of productive, shallow water habitat will be filled, and 1,520
sq.ft. of coastal wetlands will be lost. The highground development
will result in greater than 30% of the estuarine shoreline AEC to
be covered which would result in adverse impacts to water quality.
CAMA Review - The Highround portion of the project site is classi-
fied as community" in the Dare County LUP, The coastal wetlands
and open waters are classified as "conservation." The project as
proposed is inconsistent with the language on Page 4-3 of the LUP
which states in part: "The conservation class is to provide for
effective long term management of significant limited or irre-
placeable areas."
Submitted
e
by George Wood Date Aug. 21, 1985
w }
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL 'WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVF.LOPMF.NT
Department of Administration State of North Carolina
(GS 14612) Department of Natural Resources and Community Doveiapmeot
(G$
/13.339,1?3.31S.3h11111.14}Z1S.3.(c),113A•t T?
Department of the Army
Corps of Enslnwrs, WUM04toa District
(33 CFR M.320.339)
Please type or print and fill in all blanks. If infornutiott is npt Applicable. two indicate by P14cinj N/A in Merin.
Applicant Information
A. Name _
I J
JUL 17 '85
0c. 1- EC
Last First middle
0. Address P. 0. Box 232-C
Duck North ?a6trolO. box or Route 27949 261-3521
City or Town State zip Code Phone
11. Location of Proposed Project:
A. County Dare -
B. 1. City, town, community or landmark Duck-Atlantic Township
?. Is proposed work within city limits? Yes.No .,..;._
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Currituck Sound
w?¦¦¦?¦
q
¦??? ¦ ?n¦¦
I11. Description of Project ??n¦w¦¦?i¦?Inw.?¦¦ww?w¦¦1¦¦ wwasno¦r??
A. 1, Maintenance of existing project - '' 2. New work
8. Purpose of excavation or fill -
1. Access channel length.width depth
2. Boat basin width ._¦__.._depth
3. Fill area length '-?IIwidth depth
4. Other length-width depth
C. 1. Bulkhead length 19.0' Average distance waterward of MHW (shoreline) `
2. Type of bulkhead construction (material) Treated Lum, ber
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (see also Vl. A)
1. Cubic yards 375 '- , .2. Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area tube excavated include any marshland, swamps or other wetland? Yes .¦..... No ??
B. Does the disposal area include any marshland, swamps or other wetland? Yes _.,,. . No .,... X
C. Disposal Area N/A
1. Location
2. Do you claim title to disposal area? N/A
D. Fill material source if fill is to be trucked in 11 A Sand
E. How will excavated material be entrapped and erosion controlled? NIA
F. Type of equipment to be used 1'ronEn oa er
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
i
POKELWALDT/TWIDDY
r
&F-81
ev. 10/78
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) end ai t? r ?? cltrliP?,w?r.•r??.?.?????..?rrrr?i.r?i?? ice. a.
!+' - if
2. Elevation of lot(s) above mean high water '
3. Soil type and texture Sand
4. Type of building facilities or structures Frame building on pilings.
S. Sewage disposal andior waste water treatment A. Existing Planned 4?i?iiS?g?.
.B. Describe septic low pressure system `
6. 1Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER _,*P q ? .;,V19.rian Synopsis)
VI. Pertaining to Fill and Water Quality: ;
A. Does the proposed project involve'the placement of fill materials below mean,high water? Yes .,,??..No B. 1. Will any runoff or discharge"enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yos-No XX
2. Type of discharge N/A
3. Location of discharge N/A
Vii. Present rate of shpreline erosion (if known):', - ----- G/V lkka hsi?
• ?s.r.?ir?rrrrr?w??rrr??i esiwa•.r?. ? . nay! ¦rw*.•?rsr ?rw.
Vlll. List permit numbers and issue daw# gf prev", Department of Army Corps of Engiraers or Stain permits for
work in project area, if appiicabie:
0 days
IX. Length of time required to complete proWt:
X. In addition to the completed application form, the following items must be providod:
A. Attach a copy of the deed (with State application only) gr other instrument under which applicant
claims'tftl 464he affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the doed or other instrument under which the owner claims title plus written:
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to "o on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preforrgl -.only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered Q(
certified mail or by publication (G.S. 113-.229 (d))?nter date served o une 6-, 1985
-•O? ?IIY.I 1 w?.? • 1• P!? ? ¦Irl? ¦ 1 w 1 rrl
D. List names and complete addresses of the riparian landowners with property adjoining appikant's.
Such owners have 30 days.in which to submit comments to. ioncies listW Wow.
Fred Ralph Zeiss Jr. 2523 Harbour Lane, Sanibell, FL 33957
Catherine A. Holder, 725 First Colonial Rd., Lott 1, Virginia Beach; A 4
Levin D. Scarborough, SR Box 334, Kitty Hawk, NC 27949
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complua
with the State of North Carolina's approved coastal atw4gar?ent progryq and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appii-
cation and plat. Applicants should therefore describe in the application and pl;t all antiFipaWday*-.,
opment activities, including construction, excavation, filling, and land dearir%
DAT E 7-7 7
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A
A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 1, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC085-N-028-0270
NOV 0 4 1985
Mr. Donald R. Pokelwaldt
Pokelwaldt and Twiddy
Post Office Box 232-C
Duck, North Carolina 27949
Dear Mr. Pokelwaldt:
RECEIVED
WATER QUALITY SECTION
OPERA..TIONS 9RANCH
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of October 18, 1985, we have
been informed that your application for State authorization to
construct and backfill a bulkhead on Currituck Sound in Duck, Dare
County, North Carolina, has been denied. Under the administrative
rules of our regulatory program, denial of required State
authorization precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is
hereby denied, and your file has been retired.
Additionally, we received unfavorable comments from the
National Marine Fisheries Service (copy enclosed). Their reaction
to your proposal is the result of anticipated significant adverse
impacts. I have provided this Federal agency's comments to alert
you to concerns in addition to those identified in the State's
denial letter. While appealing the State permit is the next step
in pursuing State authorization, you should be aware that Federal
agency comments will be unchanged by the outcome of that appeal.
Because of the Federal agency's influence on Department of the
Army permit decisions, it is unlikely a Department of the Army
permit would be available unless your project can be modified to
lessen its impacts.
Mr. Hugh Heine of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. He may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Wayne A. Hanson
Colonel, Corps of Engineers
District Engineer
Enclosur6

-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service,
NOAA
Pivers Island
Beaufort,, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina- 27611
Mr. George Wood
Elizabe?h City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
Certified Mail October 18, 1985
Return eceip Requested
Mr. Donald R. Pokelwaldt
Pokelwaldt & Twiddy
P. 0. Box 232-C
Duck, NC 27949
Dear Mr. Pokelwaldt:
This letter is in response to your request for a permit under the
Coastal Area Management Act and State Dredge and Fill Law to bulkhead
and fill 4,220 square feet of coastal wetlands and estuarine shoreline
for the construction of condominiums and retail shops on the Currituck
Sound in Duck. Processing of your application under a joint State and
Federal review, including on-site investigation by cooperating agencies,
is now complete. In the course of this review, four State and two Federal
agencies have submitted objections or expressions of concern to the proposal.
Based on this review, the Division of Coastal Management has made
the following findings:
1) The project, as proposed, would result in the direct loss of
4,220 square feet of significant shallow water and wetlands habitat;
2) The proposed use of the filled area is not water dependent;
3) Impervious surfaces of the development would exceed 30% of the
Areas of Environmental Concern portion of the property;
4) The project is inconsistent with the Dare County Land Use Plan,
which reads in part, "Construction within the conservation classifi-
cation is suitable only if development will not irretrievably
alter wetlands or estuarine waters";
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
V
Pokelwaldt and Twiddy
Page 2
October 18, 1985
5) The project is inconsistent with the following partial listing
of State Guidelines for Areas of Environmental Concern:
a) 15 NCAC 7H.0205(c), Management Objectives (for coastal wetlands).
This requires projects to give highest priority to the protection
and management of coastal wetlands so as to safeguard and
perpetuate their biological, social, economic and aesthetic
values; to coordinate and establish a management system capable
of conserving and utilizing coastal wetlands as a natural
resource essential to the functioning of the entire estuarine
system.
b) 15 NCAC 7H.0206(c), Management Objective (for estuarine waters).
This rule establishes, as the highest priority, the management
and conservation of the important features of estuarine waters
so as to safeguard and perpetuate their biological values.
c) 15 NCAC 7H.0208(a)(1), General Use Standards. Uses which
are not water dependent will not be permitted in coastal wetlands,
estuarine waters, and public trust waters. Restaurants, resi-
dences, apartments, motels, hotels, trailer parks, private
roads, factories, and parking lots are examples of uses that
are not water dependent.
d) 15 NCAC 7H.0208(a)(2)(A). This standard states that the location.,
design, and need for development, as well as the construction
activities involved must be consistent with the stated management
objective.
e) 15 NCAC 7H.0208(a)(2)(B). This standard requires that there
be no suitable alternative outside of the AEC for the project
and that the applicant select a combination of sites and design
that will have a minimum adverse impact upon coastal marshland,
and spawning and nursery areas.
f) 15 NCAC 7H.0208(b)(7). Bulkheads and Shore Stabilization
Measures.
(A) Bulkhead alignment, for the purpose of shoreline stabili-
zation, must approximate mean high water or normal water
level.
(B) Bulkheads shall :be constructed landward of significant
marshland or marshgrass fringes.
g) 15 NCAC 7H.0209(e)(2). This standard requires that not more
than 30% of the AEC be covered with an impervious surface,
unless through innovative design, the protection provided
by the design would be equal to or exceed the protection by
the 30% limitation.
Pokelwaldt and Twiddy
Page 3
October 18, 1985
Given the foregoing findings,
This denial is made under N.C.G.S.
denial upon finding a significant
G. S. 113A-120(2), which requires
found to be inconsistent with the
113A-120(8), which requires denial
Guidelines for Areas of Environmental
your permit application must be denied.
113-229(e)(5), which provides for permit
adverse impact on estuarine resources,
CAMA permit denial when the project is
State Dredge and Fill Law, and G. S.
of projects inconsistent with the State
Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a quasijudicial
hearing before the Coastal Resources Commission as provided by the Coastal
Area Management Act. A request for a hearing must be submitted in writing
within twenty days of the date you receive this letter. Ms. Robin Smith,
Chief of the Coordination and Research Section at 733-2293, is available
to discuss the appeal procedure with you.
In lieu of a hearing, you may wish to modify your proposal. Department
personnel are available to discuss alternatives with you. It is, of course,
the policy of this office to assist an applicant with his project while
protecting our vitally important coastal resources. It should be noted
that George Wood of my staff previously staked a bulkhead alignment that
would remove the objections of several of the commenting agencies. Other
measures, such as reducing the impervious surfaces covered, could also
result in more favorable comments.
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the North Carolina
Coastal Management Program, thereby precluding issuance of Federal permits
for this project. The Federal Coastal Zone Management Act of 1972 (CZMA)
gives you the right to appeal this finding to the U. S. Secretary of Commerce,
within 30 days of receipt of this letter. Your appeal must be based on
the grounds that the proposed activity is (1) consistent with the objectives
or purposes of the CZMA or (2) is necessary in the interest of national
security, and thus, may be Federally approved. Ms. Smith is also available
to discuss these tests and the appeal procedure with you.
Sincerely,
DWO/aw
cc: Mr. Peter Tweedt
U. S. Department of Commerce
Washington, D. C.
David W. Owens
Colonel Wayne A. Hanson
Corps of Engineers
Wilmington, NC
,, swt
a
d
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
August 28, 1985
Mr. Charles olliday, Deputy Director
State Bui ing Div.-State Pr erty Office
Depart nt of Administra n
Rat gh, North Carol' 27611
Dear Mr. Holliday:
The attached copy of an application submitted by:
Pokelwaldt and Twiddy
Applicant's Name
Currituck Sound at Duck Currituckk
Location of Project County
x for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
David W. Owens
Director
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than September 18, 1985
Sincerely,
R. Parker, Jr.. ief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerri?Lng an application for State Federal CAMA Permit(s) from
J
a
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
_ That the activity be conducted in such a manner as to prevent significant
' increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than.50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal, construction.
areas.

WATER QUALITY SECTION.,
DIVISION OF ENVIRONMENTAL MANAGEMENT
g
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments conce n ng an application for State Federal CAMA Pe it(s) from 0 GE86f#
#. , F t t11 lr?i t, = Gt t` ' 1 a f ?-l: ,, a"L
A.., PERMIT:
This office cannot comment on this project until after the close of the Section
401.Certification Public Comments Period.
X This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as,to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be.increased by more than 50 NTU's as a
o That , turbiddity -7 evels iny. t t shall not be increased
by more than 10 NTU''s'as-'a result__of the proposed activity after a`reason-
Able opportunity for dilution and mixture.
B: CERTlF..ICATTON4.:STATUS.,, -__-_-.:._._ ..?.,._ _ __ ...w......_;. _ ,... _s._. ?.. <.?.... _.
Certification is not required
for this project.
Certification'is required for
'this`proj,ect. Such action to
process the certification has -
been initiated.' Proposed
Certificationwill. be ached on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction.' 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on 'September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
"?" WATER QUALITY SECTI007
DIVISION OF ENVIRONMENTAL MANAGEMENT
y 1W-1*

LM MOD AMTlrrna
DIVISION OF ENVIRONMENTAL MANAGEMENT
TO: Bill Mills
Permits and Engineering
THROUGH: Jim Mulligan, Regional Supervisor
Washington Regional Office J /
FROM: William J. Moore, Environmental Engineering Tech !'v
Water Quality Section
Washington Regional Office RECEIVCD
SUBJECT: Regional Office Review and Recommendations
/?o c e ? wa l IL ? ? T?•i `?? ??
0 . .
C'y rri /y c lG CG v ?''
A preliminary review of the proposed project indicates that: 1,l±;
A 401 Water Quality Certification will not be required.
A 401 Water Quality Certification will be required, and will
require public notice advertisement.
A 401 Water Quality Certification will be required, but should
meet the conditions of the General Certification for
and therefore will not require public notice.
Final review and recommendations / - // - 9S
A 401 Water Quality Certification will not be required, this office
has no objections to the proposed project.
It is recommended that a 401 Water Quality Certification be issued
containing a turbidity limit of 25 : 50 NTU. This office has no
objections to the proposed project.
The proposed project appears to meet the conditions of the General
Certification for: gv ( I,-- c d S
This office has no objections to the proposed project.
Additional Comments:
P'"° X 90 t'f -e dr<
ee, vy1-1 '71vc-1<f So v n GF ?SC J cc / ?? t?-
cc:
T W
OFFICE OF COASTAL MANAGEMENT ?y
FIELD INVESTIGATION REPORT ?S?iyEc??
?
Pokelwaldt and Twi.ddy,
1. Applicant's name
S
2. Location of project site Currituck Sound at Duck :1
(no Dhoto coverage
3. Investigation type: Dredge S Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 3-12-85_, 4-2-85, 8-6-85, 8-14-85
(B) Was applicant present yes yes no _. no
5. Processing procedure:
8-9-85 El.
Application received Office City
6. Site description: (A) Local Land Use Plan Dare C ou n t
Land classification from LUP ommunity/Conservation
Development constraints identified in LUP
Construction within the Conservation classification suitable only
-f--develepme;;t will nvt irretrievably alter wetlands or.estuarine waters
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters X
-
. Other
Estuarine waters_
(C) Water'dependent: Yes No_ Other
(D) Intended use: Public Private Commercial X condo/retail shops
(E) Type of waste water treatment: Existing septic tank and drain field
Planned septic low pressure system
(F) Type of structures: Existing.** two commercial structures
Planned frame buildings on pilings
(G) Estimated annual rate of erosion 21 source observation
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
Scirpus sp.
par ina cynosuroi es -1,520 s ft. _
Cnartipa tens ? - 9°
(B) Non-vegetated wetlands:
Shallow water 2,700 amt. --
(C) Other:
(D) Total area disturbed: 4,220 sa ft
8. Project summary The applicant proposes to construr_t_a h0 khPari and ronctruct
condominiums/retail shops at Dropert located on the Curri tilrk Scula i in D11C
8.:. Project description
The applicant owns a parcel on Duck which is on the Currituck Sound.
Two old buildings exist on the property, and one is presently being
renovated for commercial use. The property averages 4' above NWL
And slopes to the sound. The shoreline is littered with old tires,
rocks and other debris which were placed in an attempt to abate er-
::ion. Remnants of delapidated bulkheads are scattered along the
shoreline, but are beyond repair and do not function to lessen ero-
sion.
On April 2, 1985, the Corps of Engineers and Coastal Management staked
an alignment for a general permit bulkhead which was landward of the
fringe of marsh. This marsh is comprised on Scirpus sp, Spart?ina
c nosuroides, and some Spartina patens and covers approximately
20 sq. t.
The applicant is requesting a bulkhead alignment which will tie into
the existing bulkhead to the south and average 17' waterward of the
NWL along its 190' length. Seven condominium/retail shops are pro-
posed to be built on the improved site, all of which will be serviced
by a low pressure septic system.
10. Anticipated impatcs
If the development is constructed as proposed,'approximately 2,700
sq.ft. of productive, shallow water habitat will be filled, and 1,520
sq.ft. of coastal wetlands will be lost. The highground development
will result in greater than 30% of the estuarine shoreline AEC to
be covered which would result in adverse impacts to water quality.
CAMA Review - The Highround portion of the project site is classi-
fied as community" in the Dare County LUP, The coastal wetlands
and open waters are classified as "conservation." The project as
proposed is inconsistent with the language on Page 4-3 of the LUP
which states in part: "The conservation class is to provide for
effective long term management of significant limited or irre-
placeable areas."
Submitted by George Wood Date Aug. 21, 1985
APPLICATrON
FOR
PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATER
WATER QUALITY CERTIFICATION
CAMA PERMIT FOR MAJOR OfV9L-OPMENT
Department of Administration State of North Carolina
(GS 146-12) Department *(Natural Resources and Community Development
_ (GS 11}339, 14}115.3(+11(1).14}115.3.(c1, 113A•11a
Department of the Army
Corps of Entineers, womt04994 District
(33 CF9;09.320.3191
Please type or print and fill in all blanks. If information is not applicable so indicate by P1444 NIA in b4mlk.
1. Applicant Information
A. Name
POKELWALDT/TWIDDY

.•
EC
I JAL 17 '85
oc:.r. cc
. List First Middle
B. Address - P.O.-Box 232-C
Street, P. 0.9ox or Route
Duck North Carolina 279+9 261-3521
City or Town State zip code Phone
ll. Location of Proposed Project:
A. County Dare
B. 1. City, town, community or landmark Duck-Atlantic Township
2. Is proposed work within city limits? Yes..No
C. Creek, river, sound or bay upon which project is located or nearest named body of watet to project
Currituck Sound '
III. Description of Project
A. 1. Maintenance of existing project 2. New work -
B. Purpose of excavation or fill
I. Access channel length_?..._width,._.._.._._depthw.,,?„??„?,•?
2. Boat basin length------;- width- ._..,.._depth
3. Fill area length.---2 I Qwidth.depth
4. Other length -width._._.._depth
C. 1. Bulkhead length 1910Average distance watorward of MHW (shorolitlo).._,.., JZ'
2. Type of bulkhead construction (material) Treated Lurnber
D. Excavated material (total for project)
1. Cubic yards - A/#4„ .2. Type of material - w
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards -?S?'• Y. 2. Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment: t
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No..
8. Does the disposal area include any marshland, swamps or other wetland? Yes,-..-No ,.,.,,.XX
C. Disposal Area N/A
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in A Sand
E. How will excavated material be entrapped and erosion controlled?
rcn L :End Loaaer
F. Type of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? If yes, explain ;Vo

F-61
F. 10/78
V. Intended Use of Project Area (Describe)
A. l: Private --
2. Commercial fnn/?n/R?fi?i1 sh??ts
Wow" M
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) cAn n+ to nc? r3 ?nrvP?
2. Elevation of lot(s) above mean high Water 4 - l1?
3. Soil type and texture Sand
4. Type of building facilities or structures Frame building on pilings
5. Sewage disposal and/or waste water treatment A. Existing Planned .,.,, n1,pnn-(),
B. Describe septic low pressure system
6. 1Land Classification'. (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHERA ?fq I'lanSynopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean.high wgter? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of Ow
area following project com'pletion? Yes-No ?_
2. Type of discharge 1d1A
3. Location of discharge N/A
VII. Present rate of shpreline erosion (if known): -"-- uN kmo &SA
VIII. List permit numbers sad issw dates pf prwrioyk Department of Army Corps of Ertglrwers or S"M p winits far
work in project area, if applicable:
IX. Length of time required to complete project: 0 days
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) qr other instrument under which-applicant
claii;A64bibe affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to woo on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preforrq¢ -.only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered cK
certified mail or by publication (G.S. 113.229 (d))gnter date served Line b, 1985
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to a,Qerleies listed below.
Fred R-.lnh Zeiss Jr. 2523 Harbour Lane, Sanibell, FL 33957
Catherine A. Holder, 725 First Colonial Rd., Liot irgin.ia eaaii, G}45
Levin D. Scarborough, SR Box 334, Kitty Hawk, NC 27949 3
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity compW
with the State of North Carolina's approved coastal mattggement protwarn and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anti4atod deyel• . ,
opment activities, including construction, excavation, filling, and land clearing.
DATE
. /lpplicant's Signature .
()A1 It? CFF RrvrRer CIr1F FOR M411 INC, INCTRIirTICINC
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40

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 26, 1985
IN ntrLx Mtrtn IV
Regulatory Branch
SUBJECT: File No. SAhr085-N-028-0270
t.i N 235
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
!',''ATER Qi;P%L1!FY SECTION
OPER?1T10i! , :RANCH
Enclosed is the application of Mr. Donald Pokelwaldt for a
Department of the Army permit and a State Water Quality
Certification to construct a bulkhead off Currituck Sound in Duck,
Dare County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by August 28, 1985, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
13 -?;? P-?u
7 Charles W. Hollis
Chief, Regulatory Branch
Enclosure

T?
-2-
Copies Furnished
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. George Wood
Division of Coastal Management
North Carolina Department of
Natural Resources and
Ca mnunity Development
108 South Water Street
Elizabeth City, North Carolina 27909
kr.,.yULkjUKY BRAN(A
r
Pokelwaldt/Twiddy
SR Box 232C
Duck, NC 27949
June 5, 1985
District Engineer
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
Gentlemen,
Enclosed are all the necessary forms for application of a Major
CAMA permit. The adjacent landowners have been notified by
Publication G.S. 113-229.
Sincerely,

AN, 2. 1 ewol

ZZ-.4,
??
Donald Pokelwa
APPLICATION
. FOR
PERMIT TO EXCAVATE AND/OR FILL
IVED
REGULA'iOk BRANCH
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERF4 BY WATER CAMA PERMIT FOR MAJOR KVF,I,.OPNt*NT
apartment of Administration State of North Carolina Oepartment?q}A y?`` ";;??') '
S 14617) Department of Natural Resources and Community Dewivpment Corps of Enrineens,'W? ` t
1G511}??A;14?•?1S.31t1)111.14}z1S.?(c), i1?A•11? (3? CFR yN.a,?4.32fi) , . _'_• '
Please type or print and fill in all blanks. If infanvation is not applicable, so bx*ato by plicin# NIA in Waplf.
1. Applicant Information
POKELWALDT/TWIDDY
A. Name
Last First Mitldle
B. Address P.10 Box -
Duck North S t rGatr'olpin' a°X Route 27949 261-3521
City or Town Soto zo coo Phone
It. Location of Proposed Project:
A. County Dare
B. 1. City, town, community or landmark Duck-Atlantic Township
2. Is proposed work within city limits? Yes.No ..¦¦x...
C. Creek, river, sound or bay upon. which project is located or nearest named body of water to project
Currituck Soun '
r¦¦r w?.. rirrr.¦¦.rr.¦ .. ?? r?¦
(11. Description of Project ? .. , . '
A. 1. Maintenance of existing project Approx 70' 2• New work Approx 114'
B. Purpose of excavation or fill
1. Access channel Iength,`.,¦.¦..,.¦width „-..depth
2. Boat basin length.;;.-width_.,.r.^._depth
3. Fill area Iongth 11_..1
...?wtdth.,..._.?.__depth ,,.¦?...5?„ .. ,...,,,,,,,,,.... ,...., ._
4. Other length ?_„¦widU dopth
C. I. Bulkhead length 19_.,. Q,.r_,,,.. Average distance wgterward of MHW (shorelim)
2. Type of bulkhead construction (MaWiA) Treated Lumber
0. Excavated material (total for project)
w
1. Cubic yards 21,000 -2. ??Type of material Sand
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 10 , 000 .2• Type of material Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No k;..¦.
B. Does the disposal area include any marshland, swamps or other wetland? Yes.,..,...,.No ,.,..., X
C. Disposal Area N/A
1. Location
2, Do you claim title to disposal area? N/A
D. Fill material source if fill is to be trucked in NIA Sand
E. How will excavated material be entrapped and erosion controlled? N/A
F. Type of equipment to be used ron Loader
G. Will marshland be crossed in tr#nWwii* equipment to project site? if yes, explain No
.81
10178
V. Intended Use of Project Arta (Describe)
A. 1. Private
2. Commercial t ,
3. Housigpa Development or Industrial
4 Other
. B. 1. Lot size(s) 4
2. Elevation of lot(s) above mean high Water
'
3. Soil type and texture Sand
4. Type of budding facilities or strue:turps Frame building on pilings
5. Sewage disposal and/or waste water treatment A. Existing Planrtoti
B Describe septic low pressure system
6.1Land Classificationi! (circle one) DEVELOPED' TRANSITIONAL COMMUNITY URAL
CONSERVATION OTHER lip synapsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposal project involve the placement of fill materials below mean high wgtert
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of t1N
area following project com_plotionl Yos.-i-No...XX
2. Type of discharge NN N/A
3. Location of discharge ,
VI1. Present rate of shoreline erosion (if known): -----
VIII. List permit nun*wn &W issue ditto of pr iaus, Department at Army Corps of Engltaers er SImpwadu far
work In project area, if applicable:
0 days
'
IX. Length of time required to complete project:
X. In addition to the complowo.application kw% the following 110pa s num be previded: .
A. Attach a copy of do dyad (with State applk i;W only) qr other instrument under whkh applkant
claims MAb4 to affected property. OR if 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 cl.aims title plus written,
permission from the owner to carry oul the project on his land.
8. Attach an accurate work plat drawn to tilAW on 816 X 11" white paper (see instruction booklet fqr
details). Note: Original drawings prefggo - only high quality copigs accepted.
C. A copy of the application and plat tryst be served upon adjacent riparian landowners by re?yzterod 04
certified mail or by publication (G.S.113.229 (d))Fnter Oate served dune 81985
D. List names and complete addresses of the riparian 140owtw$ with property adjoining applicant's.
Such owners have 30 days in which tp suba* Cott milts IQ #&Wies IistoQ. ja ww•.
Fred Ralph Zeiss Jr. 2523 Harbour Lane Sanibell, FL 33957
Catherine A. Holder, 725 First Colonial ., o i.rglnYa Beach;77
Levin D. Scarborough, SR Box 384, Kitty Hawk, NC 27949
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity Apo"
with the State of North Carolina's approved caastal wagAgowt prggW aid will he conducted in g
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all antiopaotl.4q *o
opment activities, including construction, oxgvation, fillin& anoand clearing.
DATE --f
/ ,Applicant's Sigtliitrxe
SFr RFVFRSF SIIIF FOR M411 INC. INSTRWTICINS
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I?
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 26, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC085-N-028-0270
RECEIVED

17ATER QU'''kLITY SECTION
OPER11TION+ 5RANCH
Mr. Donald Pokelwaldt
SR Box 232C
Duck, North Carolina 27949
Dear Mr. Pokelwaldt:
On January 27, 1981, we issued
000-0291 (enclosed), which provides
construction activities that receive
of North Carolina.
general permit No. SAW0080-N-
Federal authorization for
authorization from the State
A review of your application received June 21, 1985, for a
Department of the Army permit to construct a bulkhead off
Currituck Sound in Duck, Dare 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 accm plished 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 written and informed of
its further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
t 0.
r f
-2-
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWCO85-N-028-0270 and will be coordinated by
Mr. Hugh Heine, telephone [phone]. He is available to
address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief,, Regulatory Branch
Enclosure
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U. S. Fish and wildlife service
Post Office Box 25039
Raleigh, North Carolina .27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Post Office Box 570
Beaufort, North Carolina 28516
Mr. Lee Pelej
Environmental Review Section
Environmental Assessment Branch
U. S. Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, Georgia 30365
Mr. George Wood
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
108 South Water Street
Elizabeth City, North Carolina 27909