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If your application must be withdrawn from this general permit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. Hollis
Chief, Regulatory Branch
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Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
te"' 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 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
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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
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Request to place Rip-rap on property owned byt
Dr. Joseph D. Leap
P.O. Box 165
Point Harbor. N.C. 27964
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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
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2
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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.
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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
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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
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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,
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Request to place Rip-rap on property owned by:
Dr. Joseph D. Lea Drawingst 1 /
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P.O. Boa 165
Point Harbor, N.C. 27964
(919) 491-2488
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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.
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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
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