19860004 Ver 1_COMPLETE FILE_19860101

7
?IVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(s) from
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. i?

WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL NAGEMENT
A. PERMIT:
r DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerwin/g an application for State Federal CAMA Permit(s) from lcdic '
- - F (1?`f?i.4ea ?"R.:r i? '91 !V`?"? r ?:1???'.. 11t )_H.? +3`1.? ?J ?1^ /1 .'/a!f h F"'! 1 //"G'Yf ?? J4.' i. }/v-•.
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 inst.ream turbidity not be increased by more than-50 NTU's as.a
re?u of;.t ie' pr'"dp`?os?ed #activ'it of er a'sona?`dppi ,,testy` '$`r iltd f
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 15,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL 1,6NAGEMENT
V?
>?lKI)
DF°/CAMA/40i REV
DAVE Gi /
27/86
ACTION > CMG FILE > lDF'AMA40i PSWD > FORMAT > NRDF°CAMA NEXT RCTD > 00002
RECORD HAS BEEN CHANGED, RECORD NO 0000i F= RD DATA
PRO JO : 00 001 F'RO J : AGUERO HERBERT' COUNTY: CURRI TUCK REGION: 07
r SS :I:GNI:::D TO: W,JM f,,cjw_--
° JOINT NOTICE: N
DATES
YYMI° DD
TYPE :.Cr AT 1:0N
C:ERT:i:I RECOMME NDATION
404 PN : 401 NO: ISSUE: 'Y' RECEI VED: 86011!!5
CAMA ONLY : GC: BULKHEAD DENY: INITI AL REPORT:
D1= /CAMA : Y GC: HOLD: FINAL REPORT: 860127
RECEIVING STREAM: CURRITUCK SOUND CLASS : SC: BASIN: P AS
COMMENTS: LOCATED SRi i': 9 NEAR AYIDI. ET'T'
220LF WO ODEN BULKHEAD
COPIES: MIL.L.S--Wt: OD
RECEIVED
JAN 2 81986
WATER QUALITY SECTION
OPERATIONS BRANCH
*>-« ,4
MEMORANDUM TO: Bill Moore
FROM: George H. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge
and Fill Permit
DATE: January 13, 1986
Attached. is an application by HERBERT J. AGUERO
which was received by me on 1/2/86 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions, do not hesitate to contact me.

•
MEMORANDUM TO: Bill Moore .
FROM: George H. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge
and Fill Permit
DATE: January 13, 1986
Attached is an application by _HERBERT J. AGUERO
which was received by me on 1/2/86 I am considering
this application complete, have acknowledged receipt, and have begun
processing.
If you have any questions, do not hesitate to contact me.

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name HERBERT J. AGUERO
2. Location of project site Curri tuck Sound near Aydl ett
. 84 photo-#-127-69S- 8 L&F
3. Investigation type: Dredge & Fill X ' CAMA X
4. Investigative procedure: (A) Dates of site visit 9/12/85 12/ 30/ 85
(B) Was applicant present yes no
5. Processing procedure: Application received 1/2/86 Office E1 i zabeth Ci-t.y
6. Site description: (A) Local Land Use Plan Cu rrituck
Land classification from LUP u ra
Development constraints identified in Lup None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters- Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing none
Planned Septic tank and drain field
(F) Type of structures: Existing. "Done
Planned Single family residence
(G) Estimated annual "rate of erosion 5 1 Source Applicant
S CS
7. Habitat description: 1-2 AREA
(A) Vegetated wetlands: Dredged Filled Other
(B) Non-vegetated wetlands:
Shallow water 1,980 sq. ft.
(C) Other:
(D) Total area disturbed: 1,980 sq. feet.
8. Project summary The applicant proposes to bulkhead the shoreline of his
property located on the Currituck Sound near Aydlett, Currituck County.
Y
HERBERT J. AGUERO
BIO REPORT
PAGE 2
SITE DESCRIPTION
The applicant owns a building lot on the Curri.tuck Sound near
Aydlett. The property has an elevation of 7 to 8 feet with sandy
soils which support lawn grasses and a narrow fringe of trees along
the shoreline. The shoreline has experienced accelerated erosion which
is evidenced'by the high and sharp erosion escarpment and many trees
which are alive yet lying in the water. The SCS has reported that
the annual erosion rate is 1 to 2 feet, however, the applicant reports
a rate of five feet per year. The property to the north is a small
strip approximately 25 feet wide.which has been retained by the
community for the future site of a community boat ramp. The property
just north of this strip is bulkheaded and extends 27 feet further
waterward suggesting that this bulkhead has accelerated erosion on
the adjacent property. The property to the south is not bulkheaded
and does not appear to be experiencing rapid erosion perhaps due to
a well vegetated shoreline. No marsh grass exist along the shoreline.
The applicant is requesting authorization.to stabilize the shore-
line by bulkheading. The bulkhead will average 9 feet beyond the NWL
and the shoreline will be sloped and graded to a four foot height. The
applicant is requesting this alignment to allow a gentle slope of the
highground and to avoid difficulties with big trees lying in the water.
This work is to prepare the site for single family residential
construction.
ANTICIPATED IMPACTS
The construction of this bulkhead and the subsequent backfilling
will result in the filling of 1,980 square feet of shallow water
habitat. Some short term elevated turbidity levels can be expected
but they will be localized. The area left unbulkheaded to the north
may experience unusually accelerated erosion due to the bulkheads on
either side.
CAMA REVIEW
The project site is classified as rural in the 1980 Currituck
LUP. This project is consistent with this classification.
Submitted by George H. Wood Date January 13, 1986
APPLICATION i MEIVED
FOR ¦r.
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION RnYf 310
0,cM - Ed
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPM
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Distric
(GS 113-229, 143.215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.3;0-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blan
.a
I. Applicant Information cb'
A. Name A_quero Herbert T_
Last First Middle
B. Address 244 Cee.-an Plvk.
Street, P. O. Box or Route
Kitty Hp.wk, Nc 2709
City or Town State Zip Code Phone
11. Location of Proposed P tct:
A. County CurrT uck
B. 1. City, town, community or landmark Ayd lett
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
The Currityck';sound
III. Description of Project
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other. Eu1khead 2201 length 1 width 4' depth
C. 1. Bulkhead length 2201 Average distance waterward of MHW (shoreline) 91
2. Type of bulkhead construction (material) splt treated. 1.0 It PS 1 CCU:
D. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 300 2. Type of material f L]_]_ sand 1r gush 1.np ^x 1. t 1.na
IV, Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No T
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area NA
1. Location
2, Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in existing high tank to 1^.P n,i eli Pr1 ri nwn
E. How will excavated material be entrapped and erosion controlled? tul.khe.-ad Wk th Dupont Ty nsr f i 1 tPi
cloth
F. Type of equipment to be used high nre.c;aitrP nmmnc arnrl 1-„1 ] d r%;,1 -,r
G. Will marshland be. crossed in transporting equipment to project site? If yes, explain G
D& F-B 1
Rev. 10/78
Y. Intended Use of Project Area (Describe) /• A. 1. Private - x 1V o h o wee r o A o S t a -r L. s $ 2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 25000 sq . foot
r
2. Elevation of tot(s) above mean high water 7.8
3. Soil type and texture sandy
4. Type of building facilities or structures riots
S. Sewage disposal and/or wastewater treatment A. Existing Planned X
B. Describe septic system
6. Land Classification'. (circle one) DEVELOPED TRANSITIONAL COMMUNITY * RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synops
Vl. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No X._
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project compjeetion? Yes-No X
2. Type of discharge ??
3. Location of discharge N A
VII. Present rate of shoreline erosion (if known): aDD. 5 r D>er_ V P_Ar
Vil1. List permit numbers and issue dates of previous Deppartment of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX- Length of attic required to coropleft project: 30 davs
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 title to 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 udder 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 Bh 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.
Vc? :?t?ra Cl-,, ?a - AR<< Ln'
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.
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 anticipated devel-
opment activities, including construction, excavation, filling, and land clear ng.
DATE O A10 U ?? -
7pplicant's i nature
* SEE ATTACHED LETTER
D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78

HAMPTON MARINE CONSTRUCTION
Box 1, Point Harbor, N.C. 27964
.[phone]
1. 611%6"x Jo / piling on c'enters
in the bottom at least
2. 2"x6"x16' walers double thickness
overlapped at joints 2 sets
3. 111x811x 9' sheathing double
thickness overlapped at the joints
at least 'in the bottom
4. ?"x10' threaded galvanized tie tack
rod attached to a 611x61' tie tack
piling.
5. Dupont Typar filter cloth
6. All material treated with l.(-'? lb
psi of Copper Chromate Aresnate
(salt treated)
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
IN REPLY REFER TO
Regulatory Branch
WILMINGTON, NORTH CAROLINA 28402-1890
October 31, 1985
SUBJECT: File No. SAWC086-N-027-0022
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 Mr. Herbert J. Aguero for a
Department of the Army permit and a State Water Quality
Certification to construct and backfill a bulkhead on Currituck
Sound, near Aydlett, Currituck County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request
for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering 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 December 23, 1985, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Mike Smith,
telephone [phone].
Sincerely,
*ha s W. H lis
ief, Regulatory Branch
Enclosure

?+ M
A., Cf^Y?
-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
.APPLICATION?';? -6 14 -1 FOR REC I ' il?•'
-roRy
PER TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATIMPULA BRANCH
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Departmenp
(GS 146-12) Department of Natural Resources and Community Development Corps of E m tglt4?itfict
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 2 3 0- 29)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
_
A. Name Avuero Herbert IT
Last First Middle
B. Address 244 Ceean 'Flvk
Street, P. O. Box or Route
Kitty Hawk, NC 27QuQ
City or Town State Zip Code Phone
II. Location of ProapssrTlLLiC k
A. County (c::
B_ 1. City, town, community or landmark Aydlett
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
The Curritgck'sound
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work X
B. Pu rpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other Eu1 kr ead 2201
length
t width
depth
C. 1. Bulkhead length 2201 _ Average distance waterward of MHW (shoreline) 9
2. Type of bulkhead construction (material) salt treated 1.0 lb psi CCA
D. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material
E. Fill Material to Oe placed below NIHW (see also VI. A)
1. C+c yafds T--.T- 300 2. Type of material fill sand. t gush in ex i s t ina
111S.ki tank dorm
ly. Land Typp, Pi11304 Arga, ancj P9%Jr4ptiop equipment:
A. Does the area to be excav4tgc( include any marshland, swamps or other wetland? Yes . No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area N/.Ik
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in existing high 'r-ark to I- P :^n ch PA ri nnnn
E. How will excavated material be entrapped and erosion controlled?, tulkhead with runent Tv e r filter
cloth
a cy?i
F. Type of equipment to be used hi 7h nr1zeG17re ! 11mne ana U1111
G. Will marshland be crossed in transporting equipment to project site? If yes, explain 11C
D& F•B 1
Rev. 10/78
4
?. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
t 3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 7-5000 sa . foot
r
2. Elevation of lot(s) above mean high water 7-P
3. Soil type and texture sGL nd7
4. Type of building facilities or structures none
5. Sewage disposal and/or waste water treatment A. Existing Planned X
B. Describe septic systera
6. 1Land Classification'. (circle one) DEVELOPED TRANSITIONAL, COMMUNITY * RURAL
CONSERVATION OTHER (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? Yes X 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 compJeetion? Yes-
No-2. Type of discharge ??
3. Location of discharge N/A
VI I. Present rate of shoreline erosion (if known): Roo 51 ma- N pn -
VII I. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: NIA
IX. Length of time required to complete project: 30 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) or other instrument under which applicant
claims title to 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.
Ayalett,--!rC
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 clear'ng.
DATE ' ) o
pplicant'I ature
* SEE ATTACHED LETTER
7
r-
PLEASE BE SURE THAT: - Both copies are completed
- All blanks are filled in
- You have signed both copies
If you have any questions please call your regional field office.
Mail one copy to:
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: [phone]
AND
Mail one copy to.your regional field office as indicated on the map below:
Gates t C'd?•?'
d . 4P
West of Chowan River and south of Pamlico Riveri Hertford
including southern half of Beaufort County.
Coastal Management Field Services
1502 N. Market Street ` Bartle
Washington, NC 27889
919/946-6481 ; + Ci•i yN
Beaufort

I Craven
1 0 slow
i
1 t
Pender \
1 V4
Lr
H1ide
Pamlt o
IN
/
INYW
' Cate<et
Apra V
'East of Chowan River and north of Albemarle Sou
to Virginia border, including northern Dare Cour
and outer banks to Ocracoke Inlet.
Coastal Management Field Services
108 S. Water Street
Elizabeth City, NC 27909
919/338-0206

.Dl,
South of 0amlico River and l3eaufor! County to
New River including barrier islands from Ocracoke
Inlet to north of New River Inlet.
Coastal Management Field Services
P. O. Box 769
Morehead City, NC 28557
919/7332160 or 726-7021
-133Zz93
Hanover South of New River Inlet to South Carolina border.
?.?,!
Brunswick Coastal Management Field Services
7225 Wrightsville Avenue
Wilmington, NC 28403
919/256-4161

V0.
•
HAMPTON MARINE CONSTRUCTION
Box 1, Point Harbor N.C. 27964
(1 919 261-3044
Cctoter 11, 1985
To Whom It May Concern:
This project has an annual erosion rate of 5' to 8' per
year with a high tank of approximately 81.
We request a bulkhead alignment that would allow reclaim-
ing of the annual erosion to allow a straight property/bulkhead.
line and enable me to push dcwft and slope the existing bank so
t?,at the bulkhead would not have to be so high.
Any additional information that you may need or any ques-
tions of my request should be addressed to my agent: Fred H.
Uampton, Hampton Marine Construction, P.C. ?ox 1, Point Harbor,N.C.
Thank you
l
erbert J. Au
1
wh< _ ?
HAMPTON MARINE CONSTRUCTION
Box 1, Point Harbor, N.C. 27964
[phone]
I =J`-
1, 611x6"xJo? piling on centers
in the bottom; at least
iAl-.
2. 211x6"x16' walers double thickness
overlapped at jotnts 2 sets
?. 111x811x?. sheathing double
thickness..overlapped at the joints
at least "in the bottom
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rod attached tw a 6"x6" tie tack
piling.`
5. DuPont Typar filter cloth
6. All material treated with/,D lb
psi of Copper Chromate Aresnate
(salt treated)

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E
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
October 31, 1985
SUBJECT: File No. SAWC086-N-027-0022
Mr. Herbert J. Aguero
244 Ocean Boulevard
Kitty Hawk, North Carolina 27949
Dear Mr. Aguero:
RECEIVE[
NOV C 4 1985
WATER QUHLP SECTION
OPERATIONS BRANCH
On January 27, 1981, we issued general permit No. SAWC080-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 October 22, 1985, for a
Department of the Army permit to construct and backfill a bulkhead
on Currituck Sound, near Aydlett, in Currituck County, North
Carolina, indicates it to be a candidate for Federal authorization
under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North
Carolina Division of Coastal Management. Comments from Federal
review agencies will be furnished to the State.
If your application must be withdrawn from this general
permit process for any reason, you will be 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. SAWC086-N-027-0022 and will be coordinated by
Mr. Mike Smith, telephone [phone]. He is available to
address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Aik
-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. William Mills
Water Quality Section
Division of Environmental
,?anagement
` 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. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
-- - March 5, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-027-0022
RECEIVED
MAR 10 1986
Mr. Herbert J. Aguero
244 Ocean Boulevard
Kitty Hawk, North Carolina 27949
Dear Mr. Aguero:
WATER QUALITY SECTION,
OPERATIONS BRANCH
Reference your application for a Department of the Army permit
to construct and backfill a bulkhead on Currituck Sound, near
Aydlett, in Currituck County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWCO80-
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 Ms. Alison Arnold,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-

Copies Furnished (with enclosure):
Director, Atlantic Marine Center Ms. L. K. (Mike) Gantt
National Ocean Survey, NOAA U.S. Fish and Wildlife Service
ATTN: CAM04, 439 West York Street Post Office Box 25039
Norfolk, Virginia 23510 Raleigh, North Carolina 27611-5039
Mr. John Parker Mr. Randy Cheek
Division of Coastal Management National Marine Fisheries
North Carolina Department of Service, NOAA
Natural Resources and Pivers Island
Community Development Beaufort, North Carolina 28,516
Post Office Box 27687
Raleigh, North Carolina 27611-7687 Mr. William L. Kruczynski, Chief
Wetlands Section
Mr. William Mills Marine and Estuarine Branch
Water Quality Section U.S. Environmental Protection Agency
Division of Environmental 345 Courtland Street
Management Atlanta, Georgia 30365
North Carolina Department of
Natural Resources and Mr. George Wood
Community Development Elizabeth City Regional Office
Post Office Box 27687 North Carolina Division of
Raleigh, North Carolina 27611-7687 Coastal Management
108 South Water Street
Mr. Charles Jones Elizabeth City, North Carolina, 27909
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

i
HAMPTON MARINE CONSTRUCTION
Box 1, Point Harbor, N.C. 27964
[phone]
7i
1. 6,,x611x /o / piling on centers
in the bottom at least
2. 21lx6,lx16 1 walers double thickness
overlapped at joints 2 sets
3. 111x8lix 9' sheathing double
thickness overlapped at the joints
at least 'in the bottom
4. j11x10' threaded galvanized tie back
rod attached to a 61'x6,, tie back
piling.
5. Dupont Typar filter cloth
6. All material treated with ??. 1-
psi of Copper Chromate Aresnate
(salt treated)
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7.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
Fe-bruarv 12. 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-027-0022
RECEIVED
F F B 1.7 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
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
Dear Mr. Parker:
Reference the application of Mr. Herbert J. Aguero for a
Department of the Army permit to construct and backfill a bulkhead
on Currituck Sound, near Aydlette, Currituck County, North
Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
We recommend that the following conditions be included in the
State authorization:
a. The bulkhead will not be positioned farther waterward that
an average distance of 9 feet from the normal water level (NWL)
elevation contour.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. The fill material will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials, or
unsightly debris will not be used.
Questions or comments may be addressed to Its. Alison Arnold,
telephone [phone].
Sincerely,
t
Charles W. Hollis
Chief, Regulatory Branch
I+
-2-
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
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. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

Permit Class
New
STATE OF NORTH CAROLINA
Department of Natural Community. Development
Permit Number
39-86

a Maj )Yr? 1 " ink onmental
Con
® Excavado f?6 X to NCGS 113-229
Issuedto Herbert J. Aauero, 244 Ocean Boulevard, Kitty Hawk, NC 27949
authorizing development in Curri tuck County at Curri tuck Sound near Aydl ett
off of SR' 1159 as requested in the permittee's application dated 11/10/85 including
attached revised plat dated received 1/28/86..
This permit, issued on -,.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
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The bulkhead -will be aligned to average seven feet waterward of the NWL
and will not exceed nine feet beyond the NWL at any point along its alignment.
(2) All backfiII material will be obtained from a highground source and confined
behind the permitteO bulkhead.
(3) The backfill material will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project completion.
(4) The fill material will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials, or unsightly debris will
not be used.
(5) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-related
discharge. (increases in,25 NTUs or less are not considered significant).
for Additional C
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. 1989
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.
/Z& VA G/ ?yZvt
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Herbert J. Aguero Permit #39-86
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: The permittee and/or his contractor is urged to meet with representatives
of the Division of Coastal Management and/or the Army Corps of Engineers
prior to project initiation.
NOTE: A modification of this permit may be required for future development
of the lot. Contact the Division of Coastal Management at 919/738-1558.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.
""" `'+?? " APPLICATION ?
FOR ??-
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION onYT3l g
QCM • Ed
L-r
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPM
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Aguero Herbert
Last First
B. Address 244 Ceean Plvk.
7 _
Middle
Street, P. O. Box or Route
Kitty Hawk, NC 274119
City or Town State Zip Code Phone
r
II. Location of Pro[tur Pl ect
k
c:
A. County
B. 1. City, town, community or landmark A.Ydlett
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
The Currit-tck 'sou.nd
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length - width depth
3. Fill area length width depth
4. Other Fulkhead 2201 length 9 width 41 depth
I
C. 1. Bulkhead length 2 ' Average distance waterward of MHW (shoreline) r)
r
2. Type of bulkhead construction (material) . Sa 1: t treg t era 1.0 It nG l
D. Excavated material (total for project)
1. Cubic yards '4/A 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 300 2. Type of material f 111 snnrl try pi.tsh 1.no, ^Y :i. ^ t 1 nu
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No x
B. Does the disposal area include any marshland, swamps or other wetland? Yes No x
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in existing high t,qnk to 1-.P = i??hPA rl nu?L
E. How will excavated material be entrapped and erosion controlled? l: ul kh e a d Te,i th Du p on t y rg r 1 1 t P 1
c Ioth
F. Type of equipment to be used h kzh pressure pummnc and Ln'L1 J Q:z 4 ar
G. Will marshland be crossed in transporting equipment to project site? If yes, explain is
D& F-B 1
Rev. 10/78
rV. Intended Use of Project Area (Describe)
A. 1. Private /V o o u.,t e r o 4 o S e J ai ; 4L, ; s 1i ,n c
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 25000 Sq . foot
2. Elevation of lot(s) above mean high water 7.8 t
sandy
3. Soil type and texture
4. Type of building facilities or structures nom
5. Sewage disposal and/or waste water treatment A. Existing Planned X
B. Describe septic system
6. 1Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY * RURAL
CONSERVATION OTHER .(See CAMA Local Land Use Plan Synopsi
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No R
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project compJeetion? Yes-No X
2. Type of discharge V?
3. Location of discharge N A
VI 1. Present rate of shoreline erosion (if known): aon 5 mer yt-a.r
VIII. List permit numbers and issue dates of previous Deppartment of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: 30 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) or other instrument under which applicant
claims title to 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 8Y: 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.
Ayd Lett, ivy l?roy, ranee. sit sic
Vc-e:?'t?o.ch ?Q• a??llflt
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.
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 anticipated devel-
opment activities, including construction, excavation, filling, and land clear'ng.
DATE 10 AI D V Q
pplicant's t nature
* SEE ATTACHED LETTER
D&F-92 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78

HAMPTON MARINE CONSTRUCTION
Box 1, Point Harbor, N.C. 27964
[phone]
1. 6,,x6,,x j " piling on centers
in the bottom at least
2. 2,,x61,x16, walers double thickness
overlapped at joints 2 sets
3. 1"xSllx ?.;' sheathinff double
thickness overlapped at the joints
at least 'in the bottom
4. j"x10' threaded ¢alvanized tte back
rod attached to a 611x611 tie back
piling.
5. Dupont Typar filter cloth
6. All material treated with lb
psi of Copper Chromate Aresrate
(salt treated)

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JOINS PANEL 295