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HomeMy WebLinkAbout19860170 Ver 1_COMPLETE FILE_19860101j IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 December 12, 1985 SUBJECT: File No. SAWC086-N-027-0071 RECEIVED C. E, ' 03 1985 Dr. Joseph D. Lea Albetuck Farm Post Office Box 165 Point Harbor, North Carolina 27964 Dear Dr. Lea: V!ATER QUALITY SECTION ONL?'. ..RANC'., 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 December 9, 1985, for a Department of the Army permit to place riprap material waterward of your previously approved, 166-foot-long bulkhead on Albemarle Sound adjacent to your property, lots Nos. 8A and 8B, Point . Harbor, Powell Point, 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 If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management.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-027-0071 and will be coordinated by Mr. Mike Smith, telephone (919) 343-4634. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- ?V . I •ot 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 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 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 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 i IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 January 30, 1986 SUBJECT: File No. SAWC086-N-027-0071 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. Joseph D. Lea for a Department of the Army permit to place riprap material waterward of a previously authorized 166-foot-long bulkhead on Albemarle Sound, Point Harbor, Powell Point, 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 riprap material will not be positioned farther than 6 feet waterward from the existing bulkhead. b. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. c. No vegetated wetlands will be filled. Questions or comments may be addressed to Mr. Mike Smith, telephone (919) 343-4634. Sincerely, Charles W. 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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 6, 1986 ,I IN nerd ncrrM w Regulatory Branch Dr. Joseph D. Lea Albetuck Farm Post Office Box 165 Point Harbor, North Carolina 27964 SUBJECT: File No. SAW00086-N-027-0071 Dear Dr. Lea: RECEIVED MAR 10 1986 WAQH QUALITY SECTION OPERATIONS SRANC1i Reference your application for a Department of the Army permit to place riprap material waterward of your previously approved, 166-foot-long bulkhead on Albemarle Sound adjacent to your property, lots Nos. 8A and 8B, Point Harbor, Powell Point, Currituck 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 Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- •. t Y 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 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 Page 1 Request to place Rip-rap on property owned bys Dr. Joseph D. Lea Drawings: 11/22/1985 P.O. Box 165 Point Harbor, N.C. 27964 (919) 491-2488 SQ..lt f It ` o, V a- 0,V VILIA 14 US V) 4 2 pC ? Bri -y.. ? PI 9 1101 WAL e(rinh ]`4C? 17 0 J Z .v 13 %7' >11 r be YW" -Ad 1) Entire perimeter of property shown is enclosed by existing bulkhead from "A" to "B". Construction details shown below or on page (2 2) Permission requested to place "Basket Ball Size" Rip rap adjacent to bulkead from point X to point Y as shown on detail drawing on page (2) 3) Geographical Powell Point identified on all U.S.C.G.S Charts of area. 4) Lot 8 owned by Dr. William 0elrich, 1400 Armiste4d Bridge Road, Norfolk, Va. 23507 5) Lots 8-A and 8-B are owned by Dr. Joseph D. Lea, P.O. Box 165 Point Harbor, N.C. 27964 6) Bulkhead was damaged by Hurrimanes Gloria and Juan and is in need of strengthening in area noted above (1660) on Albemarle sound.. Request to place Rip-rap on property owned byi Dr. Joseph D. Lea, P.O. Box 165 Point Harbor. N.C. 27964 Drawings: 11/22/85 (919) 491-2488 Seel` i 1j ' r na ear' `°° ?tvm 3 ?O.W? ?.IRVR? ''. A 1 baw?.o-r h ' Soc,.Kd `f? a.r S p %A v, d a6 Yea (!q e M NOTES Tides are wind tide:-only ?'a 9c 3 R Request to place Rip-rap on property owned byt Dr. Joseph D. Leap P.O. Box 165 Point Harbor. N.C. 27964 ?N D D? C CL ` ? Q.C a 1M C v. T n? ? 1'?A ? T y r ?? ? f ?r Teak 3' r u vA d. 601+ o vK o s ._ A bQ rN ar ?m S rd ANL m o s t Tile fa ,.?? ?° qua IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 12, 1985 SUBJECT: File No. SAWC086-N-027-0071 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: RECEI UCH 1' 1985' Enclosed is the application of Dr. Joseph D. Lea for a Department of the Army permit and a State Water Quality Certification to place riprap material waterward of a previously approved, 166-foot-long bulkhead, Point Harbor, Powell Point, 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 February 10, 1986, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Mike Smith, telephone (919) 343-4634. Sincerely, ar s W. Ho lis fShief, 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. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management' 108 South Water Street Elizabeth City, North Carolina 27909 JOSEPH D. LEA. M.D. ALBETUCK FARM POINT HARBOR, N. C. 27984 t REGUU ORY/6„r';;vCH 'DEC 9 X35 December 6, 1985 U.S. Army Corps of hngrs., Wilmington District, Wilmington, IV.C. Dear Sir; ttequest is made to place ripr-rap waterward . from my property at Point Harbor, N.C. Flans are en-closed showing the proposed work. This request is made be- cause severe damage was done to my bulkhead during the recent Hur.ricaines, Juan and Gloria, and placement of rip-rap is necessary to prevent further erosion and lose of my house (now under construction) in the area shown. It is requested that approval be granted as expeditiously as possible to prevent further damage from usual winter sbormse Sincerely yours, LL h D. Lea, M. . P.o. Box 165 Point Harbor, N.C. 27964 (919) 491-2488. r. FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION -EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMEIWGULATORY BRANCH Department of,Administ4atioe' State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers; Wilmington District (GS 113.229, 143.215.3(x)(1), 143.215.3(c), 113A-118 (33 CFR 209.320x.329) A` 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 LEA JOSEPH of DAVIS Last First Middle B. Address P-0, BOX 165 (ALB-gTUCK FARM) Point Harbor, N . C . Street, P. 0. Box or Route . POINT HARBOR, NC 27964 (919) 241-2488 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County Curri tuck B. 1. City, town, community or landmark Geographical tpwell Point; Point Harbor, N. C. 2. Is proposed work.within city limits? Yes.rr_.No, C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Albemarle Sound III. Description of Project A. 1. Maintenance of existing project 2. New work Placement of hip-rap B. Purpose of excavation or fill 1. Access channel length-width - depth 2. Boat basin length- width depth 3. Fill ar a length Lee width depth r e serve u ea ' ' '- "'='t? ' - 4. Other length .width_ depth C. 1. Bulkhead length 1 Average distance waterward of MHW (shoreline) -Bulkhead in 2 ewater MLW 2. Type of bulkhead construction (material) EYi`g t,,,_1,hPga ereose,te : request rip-rap waterwa D. Excavated material (total for project) 1. Cubic yards No excavation 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards - 175 2. Type of material Basket ball size rip-rap IV. Land Type, Disposal Area, and Construction Equipment: No excavation requested A. Does the area to be excavated include any marshland, swamps or other wetland? Yes . No no B. Does the disposal area include any marshland, swamps or other wetland? Yes No no C. Disposal Area No disposal area required 1. Location 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in Skipger, Va. Quarry E. How will excavated material be entrapped and erosion controlled? Rip-rap material to be enp7.8eed bu front-loader-back hoe against exis ng bulkhead F. Type of equipment to be used Front loader-back hoe G. Will marshland be crossed in transporting equipment to project site? If yes, explain No, Roadway on my _pgoperty entire length of present bulkhead. r r ??ir D6 F-81 Rev. 10178 I& A. t:. Private Homesitel owned by applicant 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) T.ntn ciyn®d by atwlioant (8A and ,gB) total about 1* acres see 2. Elevation of lot(s) above mean high water- 59 3. Soil type and texture Sand 4. Type of building facilities or structures ___Homes exist alon# Shoreline west an eas of site requested for rip-rap enp aeemen . S. Sewage disposal and,or waste water treatment A. Existing Planned B. Describe age-c1ia'plonSI &pproved by'CountY Sanitarian; alread meted 6. 11-and Classification'(circle one) DEVELOPED '4 TRANSITIONAL COMMUNITY RURAL HOMESITM 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 completion? Yes`.,.No NO 2. Type of discharge N= 3. Location of discharge None VII, Present rate of shoreline erosion (if known): _ Protected by bulkheads Recent storm damage Vill. List permit numbers and issue dates o previiot?c?e cement of Army Corps of Engineers or State permits for work in project area, if applicablC4 W ?n??Rl ' IX. Length of time required to complete project: 1' .months depending upon weather X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application onty)'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% 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 c?om3UUpletee addresses of the riparian landowners with property adjoining applicant's. Such Dr. eWl?l ]]i?mdaV6ar?itC?C?o sY'?° '1u1??fd"?> W?16iO110ad, Norfolk. Va. 23505 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 wil(all only the development described in this appli- cation and plat. Applicants should therefore describe its the application lit all anticipated t- opment activities, including construction, excavation, Olling, and land leari DATE 1122/85 D&F•B2 Rai 1nl'0 I SEE REVERSE SIDE FO'R MAIL INSTRUCTIONS 's Signature Page 1 Request to place Rip-rap on property owned bye Dr. Joseph D. Lea Drawings: 11/22/1985 P.O. Box 165 Point Harbor, N.C. 27964 (919) 491-2488 $C*' Ia I "= Ao' F Lot ? eiriak J ? 41 X 171 b4- rAa r k SauvAd ? s 2 . V aC o- Q I 1) Entire perimeter of property shown is enclosed by existing bulkhead from "A" to "B". Construction details shown below or on page (2) 2) Permission requested to place "Basket Ball Size" Rip rap adjacent to bulkead from point X to point Y as shown on detail drawing on page (2) 3) Geographical Powell Point identified on all U.S.C.G.S Charts of area. 4) Lot 8 owned by Dr. William Oelrich, 1400 Armistead Bridge Road, Norfolk, Va. 23507 5) Lots 8-A'"and 8-B are owned by Dr. Joseph D. Lea, P.O. Box 165 Point Harbor, N.C. 27964 6) Bulkhead was damaged by Hurrimanes Gloria and Juan and is in need of strengthening in area noted above (1661) on Albemarle sound. 3 US ' h 4 vi v c ?_ V e t t 1'?1 iJwr b?+? .C Zvi y( 4C'?- uaIe J?, Request to place Rip-rap on property owned bye Dr. Joseph D. Lea, P.O. Box 165 Point Harbor, N.C. 27964 Drawings: 11/22/85 (919) 491-2488 Ex?s'??? 8u,11?incaod Cou???ru.a??oi? ?'?a?,ls 8? . ?' s-to Sc'?e ?'l?a '? ?laH ?<<Kq 1?? fc ?,? ' Letiq'F4 W O,Kb SoCA%d 1o.v Ia Mepv. -b?d? .eve l S o u wd Q e`f? o.H NOTES Tides are wind tide-only raid Request to place Rip-rap on property owned by: Dr. Joseph D. Lea, P.O. Box 165 Point Harbor, N.C. 27964 ?.C n Q tr a C C?. T ' Q?C. C 1M. ? v? '{'? 1<< (J 1?"? (3 0 r ?? , I so-o.le- IIda 8, TIaa. 3' Lk %A d 6 S-t+ a v?" It 1K 0 VP4 1 %V.i IJ P t 1 r. wr. Al be 1M ?.r f0 50110 I IC a r 60O o Q '1,' ` rk e o :5 4) AM State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary February 21, 1986 Director Mr. Joseph Davis Lea P.O. Box 165 Point Harbor, NC 27964 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Riprap of Shoreline Joseph Davis Lea Albemarle Sound Currituck County Dear Mr. Lea: Attached hereto are two (2) copies of Certification No. 1886 issued to Mr. Joseph Davis Lea dated February 21, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By Dennis R. Ramsey For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer OP . NORTH CAROLINA Currituck County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. Joseph Davis Lea pursuant to an application filed on the 9th day of December, 1985 to place riprap along the toe of an existing bulkhead. The Application provides adequate assurance that the discharge of riprap material into a wetlands area adjacent to the waters of Albemarle Sound in conjunction with the proposed shoreline stabilization in Currituck County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 21st day of February, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By Dennis R. Ramsey For R. Paul Wilms, Director WQC# 1886 s[ATp State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary February 21, 1986 Director Mr. Joseph Davis Lea P.O. Box 165 Point Harbor, NC 27964 Subject:. Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Riprap of Shoreline Joseph Davis Lea Albemarle Sound Currituck County Dear Mr. Lea: Attached hereto are two (2) copies of Certification No. 1886 issued to Mr. Joseph Davis Lea dated February 21, 1986. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By Dennis R. Ramsey For R. Paul Wilms cc: Wilmington District Corps of Engineers Washington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Currituck County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. Joseph Davis Lea pursuant to an application filed on the 9th day of December, 1985 to place riprap along the toe of an existing bulkhead. The Application provides adequate assurance that the discharge of riprap material into a wetlands area adjacent to the waters of Albemarle Sound in conjunction with the proposed shoreline stabilization in Currituck County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction- related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 21st day of February, 1986. DIVISION OF ENVIRONMENTAL MANAGEMENT 4riginat Signed Sy Dennis R. Ramsey For. R. Paul Wilms, Director WQC# 1886 Joint Public Notice NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION Pursuant to NCGS 113A-119(b) and 143-215 3(a)(1)(c), the Department of Natural Resources and Community Development hereby gives Public Notice th4t DR. JOSEPH LEA of CURRITUCK COUNTY filed an appli- cation on December 20, 1985 for a permit from the Division-of Coastal Management to develop in an Area of Environmental. Concern and, for Certification from the Division of Environmental Management-that a discharge of fill material in project wetlands will not violate applicable Water .Quality Standards. According to said application, applicant proposes to-Place- ri oraa along 166 linear feet of his property and-5 to -6 feet waterward • of his existing bulkhead on the Albemarle Sound-at Point Harbor in Currituck County. A copy of the entireapplication and additional in may be examined (or copies furnished, upon payment of reproduction costs) during normal business hours at the office of , George H. Wood Division of Coastal Manage- ment, 108 South Water Sheet, Elizabeth City., NC 27909 and/or the Division of Environmental Management, Washington Regional Office. The Division of Environmental Management proposes to take final action. • on this Water Quality Certification -on or. after February 18, 1986 (about The issuance of the CAMA Major-Development Permit and the Section 401 Certification may deviate from this projected date depending upon the nature of -the comments submitted and subsequent hearings that may result. All persons desiring to make comments should so do in writing to Mr: 'Dave Owens, Director, Division of Coastal Management, P. O. Box 27687, Raleigh, NC 27611, prior to February 8, 1986 (15 days) for consideration under the CAMA Permit decision, and to Mr. William Mills, Division of Environ- mental Management, P. 0. Box 27687, Raleigh, NC 27611 prior to FP h r ua r v_._g:, 19A X0ZXd[4dkh for consideration. under the Water Quality Certification decision. :w , DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM ` A TO: Bill Mills Permits and Engineering _ 116 J Y6 THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office FROM: William J. Moore, Environmental Engineering Tech Water Quality Section Washington Regional Office SUBJECT: Regional Office Review and Recommendations X70,!5 454 RECEIVED (!?-iliC,C17ZI(fX :f-®y1V7X iAN 24 A preliminary review of the proposed project indicates that: WATER QUALITY SECTION A 401 Water Quality Certification dill'not be required. OPERATIONS BRANCH A-401 Water Quality Certification will be required, and will. require public notice advertisement. A 401 Water Quality Certification will be required, but should meet the conditions of the General Certification for and therefore will not require public notice. Final review and recommendations A 401 Water Quality Certification will not be required, this office has no objections to the proposed project. -X-It is recommended that a 401 Wate Quality Certification be issued containing a turbidity limit o 25 SO NTU. This office has no objections to the proposed pro ect. The proposed project appears to meet the conditions of the General Certification for: This office has no objections to the proposed project. Additional Comments: c PO ?n cc: DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) f //; / v F p f I.CJ"I L017 c 1 A. PERMIT: I This office cannot comment on this project until after the close of the Section r 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 ,?1H 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. B) 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 T construction. areas. f WATER QUALITY SECTIO DIVISION OF ENVIRONMENTA NAGEMENT DIVISION OF ENVIRONMENTAL MANAGEMENT WATEA.QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from A /I "I'll } )r' e 1'.LC?t?.1 "1 !??'d G-? to :(f.tt;r,=C> 1.'f l,' 1 */ C/' A. PERMIT: 1 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.condi.tions:: - 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). 101, 01,101 "'M on I" mows IN 01 -1,11110 M1 00 001"1 tion and mixture. That turbidity levels in - shall not be increased by more than 10 NTUIs as a result of the- P ro P o'sed'activity after areason- 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 - t r, or after owi € ..?..z A, 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. B) No 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for, bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November. 10, F) No 1665 issued on September 19, 1978, for 'discharges of liquid' 1983, for incidental bridge effluent from diked upland disposal: construction. areas. WATER QUALITY SECTIO DIVISION OF ,ENVIRONMENTAL NAGEMENT OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name DR. .JOSEPH LEA 2. Location of project site Powell s Point on the Albemarle Sound. 140-photo. 3. Investigation type: Dredge & Fill'' X ' CAMA X 4. Investigative procedure: (A) Dates of site visit 10/4/85 (B) Was applicant present yes 5. Processing procedure: Application received 12/20/85 Office Elizabeth City 6. Site description: (A) Local Land Use Plan Cu rri.tuc k Land classification from LUP R??1 Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands 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 'Septic tank Planned None (F) Type of.structures: Existing. Single family residence Planned (G) Estimated annual rate of erosion -0- Source Bul kheaded 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other (B) Non-vegetated wetlands: Shallow water 996 sq. ft. (C) Other: (D) Total area disturbed: 996 square feet. 8. Project summary The applicant is proposing to place 166 linear feet of riprap 5 to 6 feet waterward of the existing bulkhead at his property on the Albemarle Sound at Point Harbor. t DR. JOSEPH LEA BIO REPORT PAGE 2 SITE DESCRIPTION The applicant owns two lots which creates a point of land between the Albemarle Sound and Currituck Sound known as Powell Pbint... A bulkhead extends around the entire property which has been repaired recently under 07K. 0209(b) on the Albemarle Sound side and not repaired and contains water and marsh behind the bulkhead on the Currituck Sound side. This proposal addresses the bulkhead on the Albemarle Sound side. The elevation of the lots is approximately five feet above MSL which is sandy loam and supports a vacant lot and a lot with a single family residence. The applicant is concerned that the repaired bulkhead may fail again unless riprap is placed waterward five to six feet to dissapate the wave energy. This riprap will be positioned along 166 feet of the repaired bulkhead. The property on either side is bulkheaded. ANTICIPATED IMPACTS The project will result in approximately 996 square feet of shallow water habitat being filled with basket size riprap. CAMA REVIEW The project site is classified as rural in the Currituck County LUP. The proposal is consistent with that plan. Submitted by George H. Wood Date December 20, 1985 . W? A. 1. Maintenance of existing project Yes 2. New work B. Purpose of excavation or fill PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION -EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMEN QCM • EC Department of Administralior State of North Carolina Department of the (G5 146.12) Department of Natural Resources and Community Development Corps of EnBlneers, tull M" (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. E'<> f' i I. Applicant Information A. Name LEA JOSEPH 13AVIS r4. Last First Middle B. Address P-0 ROX 165 (ALBETUCK FARM POINT HARBOR, EX C Street, P. 0. Box or Route POINT HARBOR N.C. 27964 (919) 491-2488 City or Town State Zip Code Phone 11. Location of "duorl UGli A. County B. 1. City, town, community or landmark _GPogrr nhi 1 Powell Points Point Harbor. N.C. 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 Albemarle SOUrid III. Description of Project ,1(tuti m.4- Placement of Hip-rap 1. Access channel length_width depth 2. Boat basin length-width depth 3. Fill area length width_depth 4. OtherTr serve bulkhead length 166' width 5-6• depth ,? C. 1. Bulkhead length 16611 Average distance waterward of MHW (shoreline) Bulkhead In water Z'r YL'W 2. Type of bulkhead construction (material) Existing bulkhead creosote l request rip-rap 0. Excavated materi01 elxf cEFIV on Basket size rip-rap wto be emplaced 1. Cubic yards 2. Type of material E. Fill material to be placed below MHW (see also VI. A) i 1. Cubic yards 175 2. Type of material Basket ball size rip-rap IV. Land Type, Disposal Area, and Construction Equipment: No Excavation 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 Noddisposal C. Disposal Area No disposal area required 1. Location 2. Do you claim title to disposal area? • D. Fill material source if fill is to be trucked in E. F. G. D& F•191 Rev. 10178 How will excavated material be entrapped and erosion 'controlled?Rip-raapmaterial to be emplaeeCi b3 Back hoe-front loader against existing Ful-kEeade Type of equipment lobe used . Fron$ loader-back hoe Will marshland be crossed in transporting equipment to project site? If yes, explain Not- Roadway exists alpng my bulkhead.fDr truck carrying rip dap _ 41 A. t_. Private FiomesiteI owned by applicant 2. Commercial 3. Housing Development or industrial 4. Other map 8. 1. lot size(s)_T.ots owned 'hy yippl i tnant (8A and AB) total about 1 acres see 2. Elevation of lot (s) above mean high water_ 3. Soil type and texture Sand 4. Type of building facilities or structures HnmPC_- exist alone shoreline west and east of site requested for rip-rap enplacement. _ 5. Sewage disposal and;or waste water treatment A. Existing Planned B. Describe -t?xaSe c3?.-spasa3-s??rnve3..?iyL:,aun?y SA?ti tartan: alread$ors ruet ec 6. (Land Classification'(circle one) DEVELOPED X TRANSITIONAL COAI.kJUNITY RURAL X HOPIESITES CONSERVATION OTHER (See CAMA Local Land Use Flan Synopsis VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes.Y,_ 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? Yes-No M) 2. Type of discharge 3. Location of discharge __-- None VII. Present rate of shoreline erosion (if known): 1Drn4ertorl by hill khoflA c R ?rtor?t o?n,+n, Ag?p???? VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, If applicablq; None ,known IX. Length of time required to complete project: Z4 months depending upon weather 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. I B. Attach an accurate work plat drawn to scale on 8% X 1 i" 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 su mit comments to agencies listed below. Dr. William Oelrick, 1400 Armistead Bridge Road, Norfolk, Va. 23505 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 wilt all ' only the development described in this appli- cation and plat. Applicants should therefore describe "I the application and plat all antici at devel- opment activities, including construction, excavation, filling, a la clearing. .i DATE 11/22/85 Applicant's Signature r Rp% 10) SEE REVERSE SIDE Fort MAILING INSTRUCTIONS ?a Request to place Rip-rap on property owned by: IWO Dr. Joseph D. Lea, P.0. Boa 165 Point Harbor, N.C. 27964 PO r, rap _40d P I TI d e 3' VI. IA H d_ c3 C_t+C.N% A b@ w?•r IC dV -- - - TIC nea8 woo" Request to place Rip-rap on property owned by: Dr. Joseph D. Lea Drawingst 1 / L P.O. Boa 165 Point Harbor, N.C. 27964 (919) 491-2488 st&lf. 0= /00,1 Lot 2 a We4 .Ice LtA /5•o X Al ben?a,r rc Saute ` elo? k si rg 13 Page Z ..... • MM • ?c 1 22 -V 17 0 2 . V s o- a I • .1 100, 1) Entire perimeter of property shown is enclosed by existing bulkhead from "A" to "B". Construction details shown below or on rage (2) 2) Permission requested to place "Basket Ball Size" Rip rap adjacent to bulkead from point X to point Y as shown cn detail drawing on page (2) 3) Geographical Powell Point identified on all U.S.C.G.S Charts of area. 4) Lot 8 owned by Dr. William Celrich, 1400 Armistead Bridge Road, Norfolk, Va. 23507 5) Lots 8-A and 8-B are owned by Dr. Joseph L. Lea, P.O. Box 165 Point Harbor, E .C. 27964 6) Bulkhesd was damaged by Hurrimanes Gloria and Juan and Ls in need of strengthening in area noted above (1661) on Albemarle sound. Vle.iA 14 s 1j Sg ? } r c Z1. J ? f ?O ? a ?? u j (?DaeK =,n Q Z 8.?dej ` ? loWe bar 4C?„ 0? Request to place Rip-rap on property owned byl Dr. Joseph D. Lea, P.O. Boa 165 Point Harbor. N.C. 27964 Drawingst 11/22/85 (919) 491-2488 cc x?s t?N 8a1K1nctad Ce?o`?rua??eM ?'4d`Is ucr.?. ;hUtIVC ?n?a'85 ocrv? . t? s 12? ? tit es.? T de ?.e,n 1 3 ?oaxd'1(3a?or? 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