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HomeMy WebLinkAbout19860121 Ver 1_COMPLETE FILE_19860101 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 November 21, 1986 SUBJECT: File No. SAWC086-N-028-0410 Ms. Margaret Gammon and Ms. Betty Sherman Post Office Box 603 Kill Devil Hills, North Carolina 27948 Dear Ms. Gammon and Ms. Sherman: RECEIVED NOV 2:4 1986 WATER QUALITY SECTION OOERATIONS BRANCH Reference your application for a Department of the Army permit to construct and backfill a bulkhead on Colington Creek, Kill Devil Hills, 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 North Carolina 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 -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 r. 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. William L. Kruczynski, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 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 Ms. L. K. (Milo-) 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. 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 UTIJEYN ,IRF UILDFRS 4 b _ • DECKS • ROOFING • SIDING A- ? O IV !11 'zi ha s w Ialu IOH _. I_ y 7p ?d } 3S O n3esjv NOHS t` ?I S HJIaM a a IUPISI 618 Dead uo1end A Tel i • NEW HOMES 10021 "OBERT W. WALTERS 1 60 Hickory Trail • A DDITI ONE 0(;M' W _ Kitty Hawk N. C. • REMODEUNq 794 o a m ? hone (919) 261-2223 t' ?k m ' m D ti t g ?x?yv ? r SIN Q JP d ? • c O p ' Lvl ?.. MAvRIc e- 01 ?. S N(:7/? n ?. i II J - I? J? /F7 C 7 a,Z r }??'? qI IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 August 1, 1986 SUBJECT: File No. SAWC086-N-028-0410 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 Ms. Margaret Gammon and Ms. Betty Sherman for a Department of the Army permit to construct and backfill a bulkhead on Colington Creek, Kill Devil Hills, Dare 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 be aligned landward of all wetland vegetation. Prior to construction, representatives from the Corps of Engineers and North Carolina Division of Coastal Management will meet onsite with the permitee to stake the authorized alignment. b. Vegetated wetlands will not be filled. c. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. d. 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 Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch sw e -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 r? JatED S74, ?s I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ktirgk PR'01 \o REGION IV 1345,000RTLAND STREET ATLANTA, GEORGIA 303,P5 JUL l??u REF: 4WM-ME/LOP Colonel Paul W. Woodbury District, Engineer U.S. Army Corps of Engineers, Wilmington P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Hugh Heine SUBJECT: Marget Gammon and Betty Sherman (Public Notice No. SAWCO86-N-028-0410) Dear Colonel Woodbury: 11 This is in response to the subject notice proposing to construct a bulkhead averaging 1.5 ft. waterward of the normal waterline along 160 ft. of shoreline in Collington Creek, Kill Devil Hills, Dare County, North Carolina. As a result of this activity, approximately 1,150 sq. ft. of salt grass (Distichlis s ip cata), salt hay (Spartina patens), black needlerush (Juncus roemerianus), and 243 sq. ft. of unvegetated shallow water habitat will be eliminated. Wetlands of this type perform valuable functions to aquatic systems including: fish and wildlife habitat values, detrital export, water quality services, and storm retention capabilities. Consequently, it is our interpretation that the subject permit application is contrary to the 404 Guidelines and should be denied. As an alternative, we recommend that the applicant construct the proposed bulkhead landward of the marsh as indicated by the field inspector from the State of North Carolina Division of Coastal Management. Sincerely W' lam L. czynski, Chief tlands tion Water Management Division cc: See enclosed Nk cc: Mike Gantt, Field Supervisor U.S. Fish and Wildlife Service Raliegh, NC R. Paul Wilms, Director NC Division of Environmental Management Preston Pate, Chief Field Supervisor NC office of Coastal Management W. Donald Baker NC Wildlife Resources Commission John Parker, Permits Coordinator NC office of Coastal Management Randy Cheek, Area Supervisor National Marine Fisheries Service Beaufort, NC J.T. Brawner, Regional Director National Marine Fisheries Service St. Petersburg, FL t A . j e?,a STATfo 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 July 28, 1986 Ms. Renee Gledhill-Earley Enviro Review Coordi or Div' ion of Ar fives a istory R eigh, North Caro:ina 27611 Dear Ms. Gledhill-Earley: The attached copy of an application submitted by: Margaret Gammon & Betty Sherman Applicant's Name David W. Owens Director Colington Creek in Kill Devil Hills Dare 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) ... ... 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 8/18/86 Sincerely, o R. Parker, Jr., hief Major Permits Processing Section JRP:ap:2480 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from l ` f ?.?,. ? rM !'G ?- e e,?' ?? 1611 X )U r' I 14r It I h 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 #he- instream turbidity nit be increased' "by moire 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) 1977, for sewer line construction No. 1431 issued on October 16, 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. / 'Mg WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concernYng an application for State Federal CAMA Permit (s) from Allik""116 - /. U_ _ d ` Lb l m44M (I e ? ?? le'i'll , tJ's t r ff i )1 no / 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).. 5W I%Wg ?a-''1'pot3y "for' c?lu s : ` . S- miitu:7'a 3 tion. ,an Thy, tuYb dity,; leve=ls in shah noE be increased by more than 10 NTU's as aresult 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. w WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT NKDATA DF/CAMA/40i REV iCT•ION > ADD FILE > DFCAMA401 F'SWD > FORMAT ACTION w ADD, ENTER DATA, REC. ADDED IS 00083 'ROJ4 : 00084 F'RO,J : GAMMON., MARGARET COUNTY: ASSIGNED TO: WJM JOINT NOTICE: 'YF'E CERTIFICATION RECOMMENDATION E04 F'N : 401 REM : ISSUE: Y :AMA ONLY: GC: BULKHEADS DENY: ?F/CAMA : Y GC: HOLD: ;ECEI:VING STREAM: COLINGTON CREEK CLASS: SC; DATE 07/22/85 NRDFCAMA NEXT RCD > 00085 FRD DATA DAR1::: REGION: 07 N DATES YYMMDD RECEIVED: 860 71 1 INITIAL REPORT: FINAL REPORT: 860722 BASIN: PAS ;OMMENTS : 'ROPOSAL TO CONSTRUCT A 160 LF WOODEN BULKHEAD ALONG SHORELINE OF COLINGTON CREEK IN KILL DEVIL... HILLS !OPIES: WARD-CENTRAL-MILLS-WOOD RECEII/E n. .111L 23 1986 WAiEj( v)jAj!1 t JGIifto OPER. ONS t?RANC?-+ MEMdRANDUM 10: pill Moore FROM: George H. Wood Sunitct: Application forjtLAMA Mayor permit and/or bredge arrd Fill Pern? ? DAM, July V, 1986 v .. Attathed i's*an application by MAR ARET GAMMON & BETTY SHERMAN which was r@crivrd by nk all 7/2/96 - - -- Yam considering this application twoletot have ack"W edged receipt. and have begun processing. it you have any questions, do not hesitate to contact nee. V s MEMDOW" T0: Bill Moores George H. Wood o, 'J?; T'`r SUBJECT: Application for CAMA Major Permit and/or Dredge arfd Fi 11 Perm] t DATE July ?6 1986 . Attached fs'an application by BETTY. SHERMAN which WAS Mcolvpd b me en by -7/= I am considering this application complete, have acknowledged receipt, and have begun processing. It you have shy questions, do not hesitate to contact n". OFFICE OF COASTAL MANAGEMENT r FIELD INVESTIGATION REPORT 1. Applicant's name MARGARET GAMMON & BETTY SHERMAN 2. Location of project site Colington Creek in Kill Devil Hills T 3. Investigation type: Dredge & Fill X CAMA X 4. 'Investigative procedure: (A) Dates of site visit 3/4/86 (B) Was applicant present yes 5. Processing procedure: Application received 7/2/86 OfficeElizabeth City 6. Site description: (A) Local Land Use Plan Kill Devil Hills Land classification from LUP Transition and.Conservation Development constraints identified in LUP Coastal marshlands are classified as conservation with the Town supporting CAMA regulations in applying standards for these areas - (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands X Public trust waters 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 Septic tank and drain field Planned (F) Type of structures: Existing Single family residence Planned (G) Estimated annual rate of erosion 5 Source applicant 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other Distichlis spicata Spartina patens approx. 1,150 sq. ft. Juncus roemerianus sparse clumps comprising total of 15 sq. ft. (B) Non-vegetated wetlands: Shallow water 243 sq. ft. (C) Other: (D) Total area disturbed: 1,408 square feet. 8. Project summary The applicants propose to construct a bulkhead averaging 1.5 feet waterward of the NWL along 160 feet of shoreline on Colington Creek in Kill Devil Hills. MARGARET GAMMON & BETTY SHERMAN BIO REPORT PAGE 2 SITE DESCRIPTION The applicants own two single family residential lots on Colington Creek in Kill Devil Hills, Single family residences have been constructed on each lot and are serviced by septic tanks and drain fields. The adjacent property to the north has been bulkheaded and the adjacent property to the south is not. -The sandy soils are approximately four feet above NWL and support lawn grass down towards the water. A break in elevation begins approximately 10 feet landward-of the normal water level and the vegetation changes to a mixed population of Distichlis s icata and Spartina patens border. At the points of the scalloped shoreline, sparse clumps of Juncus roemerianus dot the waterward extents. At our meeting on 4 March 1986, I staked a no-permit required bulkhead alignment for the applicants which was aligned at the elevation break and landward of the marsh. This alignment would not allow adjoining with the adjacent bulkhead. The applicants are now requesting to adjoin to the adjacent bulkhead and average 1.5 feet waterward of the normal water level. ANTICIPATED IMPACTS The proposed alignment would result in adjoining to the adjacent bulkhead on the north side and would average 1.5 feet waterward of the NWL. Approximately 243 square feet of shallow water habitat and 1,150 square feet of mixed Distichlis s picata and Spartina patens marsh with some Juncus roemerianus would be fill e?lc as a result of the backfilling of the proposed bulkhead. Some short term, yet localized elevated turbidity levels could be expected as a result of the construction activity. CAMA REVIEW The project site is classified as transition in the Kill Devil Hills LUP. The LUP does explain that coastal marshlands are classified as conservation with the Town supporting CAMA regulations in applying standards for these areas. The proposed project is inconsistent with this language.-: Submitted by: George H. Wood Date: July 7, 1986 ? lr K PERMIT t0 EXCAVATE AND/OR FILL i RLWAU WATER OUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMEN owl I btoarlrnent of Adminislratiod ' , QCM a (z? Slats of North Carolina Department of the (GS 146.12) Departmtnt of Natural Resources and Community Development (G5 113-229.143-215.3(a)(1), 143.215.3(c), 113A•I ld Corps of En??nii?rs r t, (33 Ci R 209.3205291 sy Jyr?? Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 4, c Applica '`1 r1712?O?G m42?A207- QS ?7 CI` • ?. ? !? X41\ •. t A. Name r ., MR E y8 />??!?(?C•,/ 677??? First ° Middle b. Address ket'-o PCPT ?1/rwS Slr , O. Box or Route City or Town State Zip Code Phone Location of Pr??osed Project: A. County ;Cin_ 0 B. 1. City, town, community or landmark / rt i/ 2. Is proposed work within city limits?' Yes...Y No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 111. Description of Project A. 1. Maintenance of existing project 2. New work -/` S. Purpose of excavation or fill 1. Access channel length"„r,_width depth 2. Boat basin length_?width._..` „_,_depth 3. Fill areaAt __ ...,_ length_,,. -width--- 4 Other_ /"5 ?!/7 /? " depth -? ' . , length ,_„^,.,_„r„widlh___ ? depth I C. 1. Bulkhead length/ Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) 775-2-L / eR 0. Excavated material total for project) 1. Cubic yards _,Z2 2. Type of material / E. Fill material to be plc d below MHW (see also VI. A) . 1. Cubic yards._.._,.,r,,,, ....2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area tube excavated•.include any marshland, swamps or other wetland???? ????Yes h ;jNo a..Does the disposal area include any marshland, swamps or other wetland? Yes dL!i No C. Disposal Area 1. location /L 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'controlted? P. Type of equipment to be used L1 J_ G. Will marshland be crossed in transporting( equipment to project site? If yes, explain DAr•at Rev. 10176 2. Commercial • 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) n PA-7-7 2. Elevation of lot (s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures _ LSi ???;/c .?n?». /?? /??•? , i% S. Sewage disposal andior waste water treatment A. Existing ? - Planned .01 13. Describe _ 6. 1l-and Classification' (circle one DEVEL_O_PED TR SITIONAI. COMMUNITY RURAL CONSERVa'TiON OTHER jL- (See CAMA Local Land Use Plan Svno VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes.1Z 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? lYes;No?. 2. Type of discharge 3. Location of discharge __ _-_ VII. Present rate of shoreline erosion (if known): VIII. List permit numbers and Issue dates of previous Deparlie ent of &my Corps of Engineers or State permits for work in project area, If applicable: --- IX. Length of time required to complete project- X. In addition to the completed application form, the following items trust be provided: A. Attach a copy of the deed (with Svte application oniy)'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 ttie deed or other Instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. 8. Attach an accurate work plat drawn to scale oft AIA X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A c b opy of the applicatlon.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 corhments to agencies listed below. XI. Certification requirement: I certify that to the best of hiy knowledge, the proposed activity corn plies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. t X11. Any permit Issued pursuant to this application wilrallo?' only the development described in this apptl- eation and pint. Applicants should therefore describe IA the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE / ''i / ?/ /?f. ??, ,, -7? / i /r /? Applicant's Signature ??F•8? 1 R„ t,?,.? SEE REVERSE SIDE FA MAILING INSTRUCTIONS ?e P?C/ a NewQ,,IK?/tg a - - W J '?V 3 ? Z Sf1oRF tirNE ?"^_ ?YQ 3m W Y .i+ m ?O r4% V C%i N r;l v I 00w c A 0 Fi?fn c roar q ? 0 0 v WOT To 4cwa dw H W0 Q ? h . w q v Pa COUNGTON -- Flax T n 1411 ?'ar Rf r c' e I? 7 U 'J ?L v c e z - too E ? MORa'uE?:h? SoU??UARY OF ? SNORES L? LL q_ ._ ._ x 1 J7 ;r?f 1 IN 20 22 / 1N 00 pr) LL) 6U N •?I.M+V/?.W. • ?tiA M a 1 .r. M..ls?s? 71 ° W.r..,..,rrM 1? 0 a. A wr? rA j , N `;te00,E J 0) v ' ' 1 j LL) ?> w f 1 O `i ? i ? c? IV), : , . O , DkfvE 50' R /W J ? V > 8 }TI < ? s W 7 e ?e e ; sYs,J ! t 4 s = W 2 a _ > < C e a M 0 .? _• `_ ci 0 F+' G Q ap,Q i ?d?:Q:4Q N w : Hw,oa i I ~c?; c v ?; H A o I •??h.r w; cn ca c\ d ; J 'y U p U w a q to ; a , J??,i,iul?n''' f ,y WE?,Hd? A I I q ~'x13 z ' C \? ti? xdFCy ? I'. ?? \ dF'?Fx IOx. h dF orV4 >'H' o t? aF CFA .. ,04 > >.# MA?+a I I., +;A >caiA0 `?1 P4 0--a t> All/ bll //lll . a:;, c? /L J ?V i ?l i ?Q XarG?ul ? ? 97 r* co z C9 z a Z s IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 14, 1986 SUBJECT: File No. SAWC086-N-028-0410 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: RE CEIVED ,1 U L 1 ? 198 tt vPE4?ATIONS BRANCH Enclosed is the application of Ms. Margaret Gammon and Ms. Betty Sherman for a Department of the Army permit and a State Water Quality Certification to construct and backfill a bulkhead on Colington Creek, Kill Devil Hills, 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 September 10, 1986, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure PERMIT TO EXCAVATE ANWOR FILL ' WA•Tf:ROUAEITYCERTIFICATION -EASEMENT IN LANDS COVERED 13Y WATER CAMA PERMIT FOR !MAJOR DEVELOPMEN p? 'Be Dtpartrnenl of A dminislrxlioA State of North Carolina • ' OcM (GS 146-12) DeDartmtnt of Natural Resources and Community Development UeparlmG.h1 of the (GS 113-229,143-215.3(a)(1), 143-215.3(1), 113A.1 19 (3 Cbrptof CnElgts, r c 3 CFR'209.3 2o.' 29) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank:. -•-`a''tm o1. 7 20- RG'?T- /9?kS J?LI Applica" r • 0 A. Name 9. Address 4 r I)e List' First Middle An''.) tDor,T- l"-s Str ; 0. Box or Route r 1 ?7ss?? City or Town State Zip Code Phone 11. Location of Prosed Project: -? A. County 4 B. I. City, town, community or landmark J0, /J" /'/J 2. Is proposed work within city limits? Yes No C. Creek, river, souhd or bay upon which project is located or nearest named body of water to project 111. Description of Project , A. I. Maintenance of existing project 2. New work 13. Purpose of excavation or till 1. Access channel length, width depth 2. Float basin length width depth I 3. Fill area length_---.-,,.width depth 1 4. Other' length „?widlh depth I • C. I. Bulkhead length/? Average 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 pl c d below MHW (see also VI. A) 1. Cubic yards _ _ A/ 141 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 Lklj_ No 13. Does tht disposal area include any marshland, swamps or other wetland? Yes L 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? J P. Type of equipment to be used L1 1 G. Will marshland be crossed in transporting equipment to project site? If yes, explain DA r-91 Rev. 10/7 ,. 2. Commercial 3. Housing Development or Industrial 4. Other 6. 1, lot `Size(s) /1 e- 04, 1 /-ti/ .tS'i? 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures S" . S. Sewage disposal and;or waste water treatment A. Existing Planned B. Describe 6. ILand Classification'(circle one DEVELOPED TR SITIONAL COMMUNITY RURAL CONSERVA'TiOFf OTHER (See CAMA Local Land Use Ilan Svno 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.pse of the area following project completion. IYes_. No k-1_ 2. Type of discharge 3. Location of discharge-- VI I. Present rate of sf oreline erosion (if known): VIII. List permit numbers and Issue dates of previous Depa ent of Army Corps of Engineers or State permits for work In project area, If applicable: ti A.., IX. Length of time required to complete project-.,--- ' _2 &Jc*c i; 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 pr?lect 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 = onty high quality copies accepted. t C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certlfied 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: 1 certify that to the best of rriy 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. An t y permit issued pursuant to this application wilf all only the development described in this app11- cation and plat. Applicants should therefore describe iA the application and plat all anticipated devel- opment activities, Including construction, excavation, f)lling, and land clearing. DATE Applicant's Signature I ' D&F I F- 9 . SEE REVERSE SIDE P& MAILING INSTRUCTIONS k, H NrwQ.?IK?I ! -- - L - r4 W ~J ` CJ ? ?Y •J ~ C o o W ? Y -..ao?..?. m . O 19flo Post \ d m C r Rp W z N ? ? v ? 1 1 Ar x p A ? 1} 50 Fi4'fefr C. )OT < a ... ,04 ?DT TD etas, ? v H 0 z U0 Q0Q .w Q PQ. COLINCTON „x lox T V? FX,?,T 8y ?T f. Q ?or'y a? C l? e 4oj 3 ate 11 1% ig NORTyEPN 80UNUARY SNORE` i OF ? ,x uJ `I N 'i1"00•E orN-) 2oc22E?20'LC ?•or ?> W j j ? ? ? / JW a I 4 00 ly) ??, • w i I 4 9 Q' CLAMSHELL !50' RIW 5,°71°0!r'AV. V IV) 4 '? .F' rI, ?? 1 Ali x vp K b Lt o :s ; D ? W v J G F 8 = T U HQp ? ? O K W K < 7 W, .J K N 9 *' ? K W C I p _I r?7` ? i o u = Q Z W a 2 < = ? C o J n ? n u W r? ? i I I I E- C) C-j . W W H a A I I? ?. x rn 1 h???aH?s ? jai a i' M P4 E-4 O ` HA>+a n? pq i. •A '?1 ILI y+ U 6?dNV H 1?i I. \\ F-I??U]UH? ? I ly h Z1I M ? III 11?1 ? '?4 m0 ?0: M ?/IA?y ,?4Y4i A V .?a!G<ul i ?Q. w? ts? V Q v ? ? 7J9`?': z d 2 N O 2 3 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 14, 1986 SUBJECT: File No. SAWC086-N-028-0410 Ms. Margaret Gammon and Ms. Betty Sherman Post Office Box 603 Rill Devil Hills, North Carolina 27948 Dear Ms. Gammon and Ms. Sherman: On February 6, 1986, we renewed 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 July 9, 1986, for a Department of the Army permit to construct and backfill a bulkhead on Colington Creek, Kill Devil Hills, 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. SAWC086-N-028-0410 and will be coordinated by Mr. Hugh Heine. He is available to address questions or comments you may have at telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): 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 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. Charles Jones Mr. George Wood Morehead City Regional Office Elizabeth City Regional Office North Carolina Division of North Carolina Division of Coastal Management Coastal Management Post Office Box 769 108 South Water Street Morehead City, North Carolina 28557 Elizabeth City, North Carolina 27909