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HomeMy WebLinkAbout19850029 Ver 1_COMPLETE FILE_19850101DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1880 WILMINGTON, NORTH CAROLINA 28402.1890 July 17, 1985 IN REPLY FiLFEFl TO Regulatory Branch SUBJECT: File No. SAWC085-N-028-0208 Ms. Anne S. Shearin 85 Wild Swan Lane Southern Shores, North Carolina 27949 Dear Ms. Shearin: REC EI VED . ti 1L 22 S85 WATER QUALITY SECTION OPERATIONS BRANCH Reference your application for a Department of the Army permit to construct and backfill a bulkhead on Ginguite Bay, Southern Shores, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080- N-000-0291. Therefore,.you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. 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 N. C. 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. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure 10 f -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, Virginia 23510 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 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. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management. 108 South Water Street Elizabeth City, North Carolina 27909 + UIL ,RS a v v K ri I 3 W I ? o p o' C ? ?I zi -? _ ..-. b t I t I J Q W b W ?. Z r • DECKS • ROOFING • SIDING • NEW HOMES • ADDITIONS • REMODELING Telephone (919) 261-2223 1-1 SC A i t /'- 30 .3 fir' ? - o c QQ Q? I I 1 ? d kl I WI? ROBERT W. WAITERS 60 Hickory Trail Kitty Hawk, N. C. 27949 :I i o ?0 2 Anl w SN«R? i ku' PPese A.,T o ,. { lc OF V T lac ???E oN 5.t-1 I GWGWTEBAY ?I POINT COMFORT <q?? ffff% O WILD?Syyq -`± _ vo? ? ? SOUTH DOGWOOD THAI IEY ?? \T? A ,r 0 Permit Class New STATE OF NORTH CAROLINA Department of Natural ?teso° s" d,Community Development F -and'. DI a I ev?? for - iqt ?'brzt` hng plftsuarit to NCGS 113-229 Issued to Anne S. Sheari n, 85 Wi 1 d Swan Lane, Southern Shoresz_ NC_ 27949 Permit Number 103-85 authorizing development in Dare County atJean Guite Creek and a man-made canal in Southern Shores as requested in the permittee's application dated 4/10/85, including attached plat, 1, plan view, no date. This permit, issued on 9.5-45- , 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 subject pemtittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead alignment will average five feet from the normal water level on the northeast shoreline, and extend waterward no more than two feet from the normal water level on the canal shoreline. (2) No wetland vegetation, including the approximate 100 square feet of Juncus roemerianus marsh on the canal side of the property, will be excava-te or filled. (3) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. (4) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. (5) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside of the area of construction or construction- related.discharge. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee 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, 1988 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 DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee rA Anne S. Shearin ADDITIONAL CONDITIONS Permit #103-85 Page 2 of 2 NOTE: The permittee and/or her contractor is urged to meet with a representative of the Division of Coastal Management prior to project initiation. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. y OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name ANNE S. SHEARIN 2. Location of project site at Jean Guite Creek and manmade canal off of-Jean Guite Southern Shroes 84 series 136-486 E-4 3. Investigation type: Dredge & Fill x CAMA x 4. Investigative procedure: (A) Dates of site visit 1/8/85 3/13/85 (B) Was applicant present Yes es r 5. Processing procedure: Application received 4/26/85 Office Eliz. City 6. Site description: (A) Local Land Use Plan Southern Shores Land classification from LUP Community Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline x Coastal wetlands x Public trust waters x Estuarine waters x Other (C) Water dependent: Yes x No Other (D) Intended use: Public Private X Commercial (E) Type of wastewater treatment: Existing None Planned None (F) Type of.structures: Existing None Planned None (G) Estimated annual rate of erosion 5 feet Source Applicant 7. Habitat description: AREA Dredged Filled Other (A) Vegetated wetlands: Juncus roemerianus 100 sq. ft. (B) Non-vegetated wetlands: Shallow water 1,400 sq. ft. (C) Other: (D) Total area disturbed: 1,500 square feet 8. Project summary The applicant ro oses to bulkhead the 250 feet of shoreline at property on the confluence of a manmade canal and Jean Guite Creek in Southern Shores. The bulkhead will average six feet beyond the normal water contour. i ANNE S. SHEARIN SITE DESCRIPTION The applicant owns a lot on the confluence of a manmade canal and Jean Guite Creek in Southern Shores. The property grades up from the water to approximately eight feet above the normal water contour. The sandy soils support a dense growth of Smilax sue?, and pines. The northeast facing of the property has experienced some accelerated erosion and is basically void of wetland vegetation. The canal side of the property supports a narrow fringe of sparsely vegetated Juncus roemerianus marsh. The two adjacent properties are bulkheaded. The applicant is proposing to bulkhead the 250 feet of shoreline with the alginment averaging six feet below normal water. ANTICIPATED IMPACTS The construction activities will create some localized elevated turbidity levels and backfilling will result in the loss of 1,400 square feet of shallow water habitat and approximately 100 square feet of Juncus roemerianus marsh. rAMA RFVTFW The project site is classified as Community in the Southern Shores Land Use Plan. The proposal is consistent with that Plan. May 6, 1985 George H. Wood Ai?l.ICA'I ION - - i FOR i` PF R141 f TO F XCAVATE AND/OR FILL WATER QUALITY CE R1If jC TION `y? d eti .lI ... / ?i K. EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MXJ0R.CIEw`-E.I OIM N Departmc.r)t of Adrn?nistration State of North Carolina Depcrtr* rit o* e-Acmy._ (GS 14612) Department of Natural Resources and Community Development Corps of Ereglnr?rs, r"m7; gf.ots District (GS 113.229, 143.215.3(x)(1), 143-215.3(c), 113A•118 (33 CFR 209.32G•329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. r 1. Applicant Information A. Name l Last First Middle Stre t, P. O. Box or Route City or Town State Zip Code Phone I1. L catian of Pro ov.-d Project: A. County..t57 F _._...._ B. 1. City, town, community or landmark _ 2. Is plop used work within city limits? Yes w _No _........... C. Creek, river, sound ur bay upon which project is located or nearest narned body of water to project ...- .. _......,......._.._ ... III. Description of Project A. 1. Maintenance of existing project ...._. _.p.___... _ _. 2. Plow work .._............ B. Purpose of excavation or fill 1. Access channel 2. Boat basin._._.___..._.__.....___-_......_._length_..,w_.___..._._width ._._w_._._depth,....._._.__....__?.,.,,_. 3. Fill area length.--_._..,._width--depth ___ 4. Other.. /1 length ._._...._...._-width_...._.__-_depth C. 1. Bulkhead length ?!_ . a Average distance waterward of MHW (shoreline)_,._.....? 2. Type of bulkhead construction (material) Z77--S? ----------- f . D. Excavated material (total for project) .1. Cubic yards 2. Type of material T- E. Fill material to be placep below MHW (see also VI. A) 1. Cubic yards ry A 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes No C. Disposal Area 4,14 1. Location 4 2. Do you claim title to disposal area? _ D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? F. Type of equipment to be used 4J47 r R K, -7 ? G. Will marshland be crossed in transporting equipment to project site? If yes, explain D& F-81 Rev. 10/78 n ! A 1 to 2 ....... ........ 3. Housing Developr,-rent or Industrial _..:..._ ......._ 4. Other.,............ ?_ a _ ?...,_ ._.. w ...:..a,. - B. 1. Lot size(x) ?s !?? /T ??07_ 1?/i1 y L?aJc ??.Sr CY__ 2. Elevation of lot(s) above mean high water_.e_ ?y ??I? ? 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe 6. (Land Classification'(circle one) DEVELOPED TR ITIONAL COMMUNITY RURAL CONSERVATION OTHER ??.. _ ".._._.,........„,(See CAMA Local Land Usc Plan Sy ;-,,:-psis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below nrrean high water? Yes t ._No..._..._:_ _ B. 1. Will any runoff or discharge enter adjacent waters as as -esult of project activity or plane cd use of the area following project cvrnp?leV6n? Yes.,..,._No..,i 2. Type of diA-harge.,._.....,.-- 1144- .w.._ ....._....._.?.._? ._.__._. _....._._.._.. _., .._Mf1!.1.. _ . _._.. _.___ .. ..... ......... __., ?.w..w._. _.. ,. _.. _ . .. 3. Location of discharge_, VII. Prest:nt rate of sh reline erosion if known .. ?" - VIII. List permit numbers and 6s<re dates of previous De artment of Army Corps of Engineers or State permits for work in project area, if applicable: IX. Ltogth of time required to complete project: r ?.? . ....-.._?. ... . ,. , ?.. __ . _ 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) or other instrument under which applicant claim s't?tfei?fie affected property. OR if applicant is not cleaning to be the owner of said property, then forward a copy of the deed or other instrument under which the owner clairns title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served ---- -- 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 agencies listed below. XI. Certification requirement: 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. 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 anticipated devel- opment activities, including construction, excavation, filling, and land clearing. .I'/n W-00- - M JJ_ COMM& it :719 9 ' V ?? DATE .?04 00 11? Applicant's Signature F K3 DAF•n? SFF RFVFRSF Slf)F FOR MAII INC, 1NSTRl1f'TIONS • r it N T a z ?. a a F _ o ? c Z, . Q c T ? D -? _- V h? V I I I r I J Z 1U n W ?i • CII C:KS • NEW HOMES • ROOFING • ADDITIONS • SIDING • REMODELI'N'G Telephone (919) 261-2223 RT W. '.">;I-TORS 60 r o•y Trail 0,;} A' N C. 2 949 l ' f I 1 ?i e? lei (\/ `O Q# i QI Yal i n POINT COMFOR7a koRAM ul S!,??Fi,r "J Pr, e4r N7 U '-, •j e (r Jlr 1?U^?4 ati T Sc ?, e T a ' DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN IMPLY ItYtI IV Regulatory Branch June 17, 1985 SUBJECT: File No. SAWC085-N-028-0208 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Ccmnunity Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: RECEIVED j u N 24 1985 VATER QUALITY SECTION Reference the application of Ms. Anne S. Shearin for a Department of the Army permit to construct and backfill a bulkhead on Ginguite Bay, Southern Shores, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recamnend that the following conditions be included in the State authorization: a. The bulkhead will not be positioned farther than 6 feet waterward from the normal water elevation contour at any point along its alignment. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Mangement and the Corps of Engineers are avaiable to stake the alignment prior to construction. b. All backfill material will be obtained from an upland source and confined landward of the permitted bulkhead. c. No wetland vegetation, including the approximate 100 square feet of Juncus roemerianus marsh on the canal side of the property, will be excavated or filled. Questions or ccmmnts may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch .hr^ ,?- Copies furnished: ?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 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 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 Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 D' IF ON OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from , ? !"e ? "i ? •?^ i d.l ;°?'i 4 .y?+ Y'i `°' :? ? f L 4- ? ?? ?'x f ? ? + ?`} .?'/# e'?? ?A ?f.J ?'? L ? .?J ...? 1? i... ....q.. '='??'s Yt '?-.-r ''s t ,??'' .+ ?'.;? ? ?' .t ?i "+a t? ,..??? f`• ?.C-' r° C1! a ?-?-? 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 Q 6?1 G, n ( Certification will be acted on Q G?X1? if U or after /I The proposed project is certifie under General Certification I A) No. 1179 issued on January 25, z SC s 16, 1977, for sewer line constructioi s .IC ruction, z B) "` No. 1272 issued on November 10, )er 8, ` 1978, for bulkhead construction.! jet. C) No. 1273 issued on November 10, er 19, 1978, for discharges of liquid - --ge effluent from diked upland disposal ,a. construction. - J areas, - %' M WATER QUALITY SECTION.,,',- DIVIS ION OF ENVIRONMENTAL MANAGEMENT r DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from ,?`i.iic { 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: )t,. 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'le increas'e'd by more than 50 NT,U'-s..as _.,4:- result of the proposed activity after a rea sonable 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 dis,posa1 construction. areas. , WATER QUALITY SECTION,.,--5 DIVISION OF ENVIRONMENTAL MANAGEMENT `W # 41 MR.MOR ANTUTM DIVISION OF ENVIRONMENTAL MANAGEMENT TO: Bill Mills Permits and Engineering THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office FROM: William J. Moore, Environmental Engineering Tech Water Quality Section Washington Regional Office C SUBJECT: Regional Office Review and Recommendations R E C E I V E D HtaY 3 1985 ..lea y Co vr, 7?,i WATER QUALITY SECTION A preliminary review of the proposed project indicates that: OPERATIONS BRANCH 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 tCertification will be required, but should meet the conditions of 'the General Certification for and therefore will not require public notice. Final review and recommendations :!57-- ,3U - 8s 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: J- This office has no objections to the proposed project. Additional Comments: tc`a?A A-,71 Dvo?Ses ? CC-)i s 71yve-74" ZSZ 1 7C o ? _-bu IkAec?-al R?U?q ?ai, 6?.: ?e Cf-ee t?. C? ??t S,S S"?? e??` .?o.??err? S?oveS cc: ?7t°Or5e_ (A) 0 od OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name ANNE S. SHEARIN 2. Location of project site at Jean Guite Creek and manmade canal off of-Jean Guite Southern Shroes . 84 series 136-486 E-4 3. Investigation type: Dredge & Fill X CANA X 4. Investigative procedure: (A) Dates of site visit 1/8/85 3/13/85 (B) Was applicant present es -des r 5. Processing procedure: Application received 4/26/85 Office Eliz. City 6. Site description: (A) Local Land Use Plan Southern Shores Land classification from LUP ..Community Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands x Public trust waters x Estuarine waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private?X _ Commercial (E) Type of waste water treatment: Existing None Planned None (F) Type of structures: Existing.''None Planned None (G) Estimated annual rate of erosion 5 feet Source Applicant 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other Juncus roemerianus 100 sq. ft. (B) Non-vegetated wetlands: Shallow water 1,400 sq ft. (C) Other: (D) Total area disturbed: 1,500 square feet 8. Project summary The applicant proposes to bulkhead the 250 feet of shoreline at property on the confluence of a manmade canal and Jean Guite Creek in Southern Shores. The bulkhead will average six feet beyond the normal water contour. . &AN ANNE S. SHEARIN SITE DESCRIPTION_- The applicant owns a lot on the confluence of a manmade canal and Jean Guite Creek in Southern Shores. The property grades up from the water to approximately eight feet above the normal water contour. The sandy soils. support a dense growth of Smilax sue. and pines. The northeast facing'of the property has experjenced some accelerated erosion and is basically void of wetland vegetation. The canal side of the property supports a narrow fringe of sparsely vegetated Juncus roemerianus marsh. The two adjacent properties are bulkheaded. The applicant is proposing to bulkhead the 250 feet of shoreline with the alginment averaging six feet below normal water. ANTICIPATED IMPACTS The construction activities will create some localized elevated turbidity levels and backfilling will result in the loss of 1,400 square feet of shallow water habitat and approximately 100 square feet of Juncus roemerianus marsh. CAMA REVIEW The project site is classified as Community in the Southern Shores Land Use Plan. The proposal is consistent with that Plan. May 6, 1985 George H. Wood PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CEWF (CATION AITL.ICAI ION FOR 18 EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FO:R ly?SNi )ep.riment,of Administration State of North Carolina / GS 14612) Department of Natural Resources and Community Devel ?rtt (GS 113-229, 143-215.3(a)(I), 143-215.3(c), 113A•119 Please type or print and fill in all blanks. If information is not applicable, so indicate by ? _o..e I. Applicant Information nr ,^ R y; r 8.11 y Department} of Armw A s of Engineers, 0VwMnSton District 6)19 1?FR 209.320.329) VJ p%cing N/A in blank. A. Name y1 119 ffz#A INK 'e Last First Middle ?/?1 _ ??a ??E B. Address ?i• J12_ Str t, P. O. Box or Route City or Town State Zip Code Phone 11. Location of Pro osed Project: A. countyr.R" B. 1. City, town, community or landmark _ 4v 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 water to project IV Description of Project A. 1. Maintenance of existing project _ 2. New work B. Puipose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth d 3. Fill area length width depth 4 f 4. Other length width depth C. 1. Bulkhead length SatY, a Average distance waterward of MHW (shoreline) r24 2. Type of bulkhead construction (material) 4.11 l D. Excavated material (total for project) I(N p' .1. Cubic yards J-96- 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards ry A 2. Type of material Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Y s ?v No B. Dues the disposal area in Jude any marshland, swamps or other wetland? Yes No _ C. Disposal Area 1. Location - 2, Do you claim title to disposal area?! D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? F. Type of equipment to be used- 4/277R C, ,1 ID G. Will marshland be crossed in transporting equipment to project site? If yes, explain e I, F•B1 . 10/78 (? ,ended Use of Proiect Area (Qescribe) A. 1WIPri?ate _- cS.?o/1E/i1VC F/?C?.S/U ?v ?Cl h,g i ?rr?f-A;r 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) - 41-S LEE r/o 2. Elevation of lot(s) above mean high water 3. Soil type and texture s'r 4. Type of building facilities or structures S. Sewage disposal and/or waste water treatment A. Existing -? = Planned B. Describe - -- AtJr 6. (Land Classification'(circle one) DEVELOPED TR ITI N COMMUNITY RURAL CONSERVATION OTHER L (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placernent of fill materials below mean high water? Yes L el No B. 1. Will any runoff or discharge enter adjacent waters as a esult of project activity or planned use of the a{ea following project complet' n? Yeses No 2. Type of discharge 3. Location of discharge_ VII. Present rate of shpreline erosion (if known): o' Z Vll I. List permit numbers and issue dates of previous De artment of Army Corps of Engineers or State permits for.. work in project area, if applicable: N IX. Length of time required to complete project:. a? ?re- /lam 1. 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) or other instrument under which applicant claims-titfAb'the 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 scale on 8%2 X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted.. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served 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 agencies listed below. ,V -t 1 XI Certification requirement: 1 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. 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 anticipated devel- - opment activities, including construction, excavation, filling, and land clearing. ??. DATE V ???• ' Applicant's Signature NA1 111 SFF RrVrRSF Slnr rop MAI1 INC, INSTRIICTIONS " N R M UIL :RS K 1, ?'\ d h 0 0 C. ? O CD h V ? V V I t I c W ? ai 1 ? ? r 1 I l • DECKS. • NEW HOMES • ROOFING • ADDITIONS • SIDING • REMODELING Telephone (919) 261-2223 ROBERT W. WALTERS. 60 Hickory Trail Kitty Hawk, N. C. 27949 SC f /: 30 F on ?- 657 Ss?°,a LAGOON F ) r32? Q S1q°6?15cj1E 1N86?34 F r S ? 21.31 9 /9 .- 3 0? ? 4LBQ?? E' - Al t(/ GRO ELEV. I TOP OF ?ilLl < F rice (o 6 64' ? mss' j I \ ? o n N t ? W N ? M I O I Y O Gi 0' i ? `? r N I M 0 ci its ----- 9, N I °I GRU. ELEV OUTTUM p' r $ ' OF HILL 3:89' -- „ I Q- Eas. j o g1.30^-- 3060 30.00' 0 444 06 MI .. 133'40 RK Nail In 12" Fine Fire Hydrant - ,D?° 1 r; Mo ? h N P c: or curve 15 WILD SWAN ? W 1&1' .1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 May 9, 1985 IN ntrLi Morn IV Regulatory Branch SUBJECT: File No. SAWC085-N-028-0208 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: Enclosed is the application of Ms. Anne S. Shearin for a Department of the Army permit and a State Water Quality Certification to construct and backfill a bulkhead on Ginguite Bay, Southern Shores, 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 July 12, 1985, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, ha I s W. tHis hie , Regulatory Branch Enclosure V.- 04r. 0. -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 Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 FOR ECE REGULATO (485 PE WIT TO EXCAVATE AND/OR FILL WATER QUALITY CM' Y CATION f , . MA 8 EASEMENT IN LANDS COVERED BY WATER CAMA PERMIX FOR M )ORAWW"Q N . ()L L )op•rtment of Administration State of North Carolina - $? _. - -•. mer? of AAWW GS 1?6 12) Department of Natural Resources and Community Dell" co 'nf Erteineoa, m to District (GS 113 229, 143215.3(a)(1), 143.215.3(c), 113A tli-?? ?„ AAWR 209.320.329) Please type or print and fill in all blanks. If information it not applicable, so indicate by placin N/A in blank. r 1. Applicant Informations n • _4"f +_//?) A. Name v 9JA 14 Last First Middle B. Address dLnA/4: Str t, P. O. Box or Route a 7 'zg City or Town State Zip Code Phone II. Location of pro used Project: A. County, _Mle . B. 1. City, town, community or landmark 4u 2. Is ptuposed wutk within city litnits? ' Yes No ^".. C. Creek, fiver, sound ur bay upon which project is located or nearest named body of water to project , d4z Ill. De-wiption of Project `i A. 1. Maintenance of existing project 2. New work J? 8. Purpuw of excavation or fill 1. Access channel length-width depth 2. Buat basin length..._,..._._,.._._width depth 3. Fill area length ,wyidth depth 4. Other Jw? Fg d length width depth W.A4,11 C. 1. Bulkhead len th o g 2i=-IGAverage distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) ?? ?. ,1. Cubic yards _..,.2. Type of material E. Fill material to be place below MHW (see also V1. A) 1. Cubic yards A ,._,,.,..2, Type of m4tgrial i IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Y s , No 0. Dues the disposal area in Jude any marshland, swamps or other wetland? Yes.....No C. Disposal Area _ ` 1. Location 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? F. Type of equipment to be used 77 ?0 G. Will marshland be crossed in transporting equipment to project site? If yes, explain Ini.:oJed Use of Proiect Area (Describe) A. 1. Private _ S?/o E - d __ elha 4.0 CGm ercial 3. Housing Development or Industrial 4. Other 0. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4, Type of building facilities or structures .., 5. Sewage disposal and/or waste water treatment A. Existing ? Planned B. Describe 6. (Land Classification'(circle one) DEVELOPED TR? ITI??N,6? COMMUNITY RURAL CONSERVATION OTHER M.t'... (See CAMA local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Ye$Je_1 No...,,.,.,.,. B. 1. Will any runoff or discharge enter adjacent waters as a esult of project activity or planneq use of the afea following project eomplet' n? Yes No 2. Type of discharge 3. Location of discharge VII. Present rate of shpieline erosion (if known); Vill. List permit numbers and issue dates of previous,D?ep(artment of Army Corps of lrngineer; or State permits for.. work in project area, if applicable: ,.:..,......I O'er E .--? ------- IX. Length of time required to complete project: a? elica /YS 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) or other instrument under which applicant claims'titlAolitfie 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 claimstitle plus written permission from the owner to carry out the project on his land. tf. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for LICUils). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered of certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 daysin which to submit comments to agencies listed below. XI. Certification requirement: 1 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. MI DATE 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 anticipated deveh opment activities, including construction, excavation, filling, and land clearing. Applicant's Sigroature `? i?? crr rrrvracr cinr rnD KA A 11 tKir- lawn 11/`T.n- y Trail ?, • DECKS. • NEW HOMES ROBER60 T k W. WALTfJj$ • ROOFING t ADDITIONS Kitty Hickory Trait Hawk, N. C. • SIDING • REMODELING 27919 IUIL Telephone (919) 261.2223 K (h( 30 ku o f f I do R AM "d 4NCA4140 Avr 01 W104 J QQ ? 4' 7"i CC ??e?? QM ; e t -' I '10 ? ?POINT°?l? ( GMIGUITE BPY ? COMFORT qNF WILD SWAN OSPREY i 2 117 k I ( ?y SOUTH DOGWOOD TRAIL Im. I `' a 1 3 r ? a 7 f? S6'O LAGOON • Q. N7q°b7 9 ? /N88°34 l?? S.x ??,s?iJ r 21.31r 19 v 3 rti i i. AN C? ,,?? GRO ELEV. TOP OF 1111-1. ° F+ cp 6 64' 40 i N M , i ,- I {{ W N: I p N Q i i i 114 co j o I i I 133.40 h i ti Ilk gz' W / v ?J', yJ f W Irl 1 2 O' + h ? ' CY ?o O . M ?) 01 GRU. FLEV (3U7TIJN q'. OF HILL .3.89' 9130 1 0 QO 30.00' M 3 -,r- -Etc-- -.? S 0 4° 406 W in t O P.K hoil In 12" Pine rIrq Hydront - Wlo O IM Oi h • N PC. of Curv* IS WILD t I ? S WAN LANE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 May 9, 1985 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC085-N-028-0208 Ms. Anne S. Shearin 85 Wild Swan Lane Southern Shores, North Carolina 27949 Dear Ms. Shearin: On January 27, 1981, we issued general permit No. SAWCO80-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 7, 1985, for a Department of the Army permit to construct and backfill a bulkhead on Ginguite Bay, Southern Shores, 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 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 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. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWC085-N-028-0208 and will be coordinated by Mr. Hugh Heine, telephone (919) 343-4725. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -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 J 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 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 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 Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elisabeth City, North Carolina 27909 I