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HomeMy WebLinkAbout19870116 Ver 1_COMPLETE FILE_19871210V A Permit Class Mi nor Modification STATE OF NORTH CAROLINA Department of Natural Rest nd,Community Development Coi sLal.IriMuu cestornri'ission fo1 X] Maio ?7ebeIQ nt;in? v ionmental "Ril- IX 0 Excavation '1' fool utgPIK to NCGS 113-229 Permit Number ion-Q7 Issued to Fred Hampton C H Hmyton and Melva H t',armton P.O. Box 1, Point Harbor NC 27%4 authorizing development in Curri tuck County at the Curri tuck Sound off SR 1137 near A_ydl ett - as requested in the permittee's application dated 6/18/87 i n _1 rdi ng attached plats, 2, plan view, and location dated received 6/19/87 This permit, issued on 1-2-11P , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bulkhead will not extend waterward more than 4 feet from the normal water level at any point along its alignment at the time of construction. 2) All back fs ll material will be obtained from a highground source and confined behind the permitted bulkhead. 3) The backfill material will be clean and free of any pollutants except in. trace quantities. Metal products, organic materials, or unsightly debris will not be used. 4) No marsh grass will be excavated and/or filled. 5) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. 6) The activity will be conducted in such a manner as to prevent a significant (See attached sheet for Additi-&nal Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 199D In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. r a/ David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Fred Hampton, C.H. Hampton, Permit #190-87 and Melva H. Hampton Page 2 of 2 ADDITIONAL CONDITIONS increase in turbidity outside the area of construction or construction- related discharge. NOTE: Future development on the permittee's property may.require a modification to'this permit. Contact a representative of the Division of Coastal Manage- ment for this determination prior to commencement of any such activities. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978 for bulkhead construction. i IN E LY zEE E 70 Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS Of ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 21, 1987 SUBJECT: File No. SAWC087-N-027-0417 Mr. Fred H. Hampton, et al. Post Office Boa 1 Point Harbor, North Carolina 27964 Dear Mr. Hampton: Reference your application for a Department of the Army permit to construct and backfill a bulkhead on Cn,rituck Sound, near Aydlett, Currituck County, North Carolina.. Your proposal has been reviewed and found to be consistent with the provisions and o5jectives of general permit No. SAWCO80- N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the 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 Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center Mr. John Parker National Ocean Service Division of Coastal Management ATTN"s. MOA 23281 North Carolina Department" 439 West York Street Natural Resources and Norfolk, Virginia 23510-1114 'Community Development Post Office Boa 27687 Mr. William Mills Raleigh, North Carolina 27611-7687 Water Quality Section Division of Environmental Ms. L. K. (Mike) Gantt Management U.S. Fish and Wildlife Service orvh Carolina Department of Post Office Box 25039 -" N.fural Resources and Raleigh, North Carolina ,..27611-5039 C16 munity Development Post Office Bog 27687 Mr. Randy Cheek Raleigh, North Carolina 27611-7687 National Marine Fisheriez Service Habitat Conservation Division Ms. Beverly Etheridge, Chief Pivers Island Wetlands Section Beaufort, North Carolina 2,3516 Region IV Marine and Estuarine Branch Mr. Dave Griffin U S. Environmental Protection Agency Elizabeth City Regional Office 345°Courtland Street North Carolina Division of Atlanta, Georgia 30365 Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 9? i? 5R s tt SA.&? f oF' 2 o - v o - o` fZ ca 4 o_ ? N L-L JY < h V C2 d 10 a x V: 3 J y CA a a a .. 1? X o C o ai ?? ty s 9 3 5 ? - Meg C. ?, a - Permit Class Permit Number `New STATE OF NORTH CAROLINA 190_87 Department of Natural Community Development CJ Mai 1 ", IinY' Con * PAIL 12. ?X Excavatio fcf?6 to NCGS 113-229 issued to Mel va H. Hampton, P. 0. Box 1, Poi nt Harbor, NC 27964 authorizing development in Curri tuck Countyat the Curri tuck Sound off SR 1137 near Aydl ett as requested in the permittee's application dated 6/18/87 including attached plats, 2, plan view modified by DCM and location dated received 6/19/87 This permit, issued on d?$lg? , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will not extend waterward more than 4 feet from the normal water level at any point along its alignment at the time of construction on lot #1 of the plan view plat. Bulkheads are hereby deleted from the plans for lots 2 and 3. (2) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. (3) The backfill material will be clean and free of any pollutants, except in trace quantities. Metal products, :organic materials, or unsightly debris will not be used. (4) No marsh grass will be excavated and/or filled. (5) The disturbed areas will be properly graded and provided a ground cover suffi- cient to restrain erosion within thirty (30) days of project completion. (6) The activity will be conducted in such a manner as to prevent a significant This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1990 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management this permit and its conditions are hereby accepted. Signature of Permittee Melva H. Hampton ADDITIONAL CONDITIONS Permit #190-87 Page 2 of 2 increase in turbidity outside the area of construction or construction-related discharge. NOTE: Future development on the permittee's property may require a modification to this permit. Contact a representative of the Division of Coastal Management for this determination prior to commencement of any such activities. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978 for bulkhead construction. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 August 17, 1987 R G C G I V E D IN REPLY REFER TO ?+ • Regulatory Branch SUBJECT: File No. SAWC087-N-027-0417 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: AUG 2 4 1987 WA i Lh QUAL1 I Y SECTION OPERATIONS BRANCH Reference the application of Mr. Fred H. Hampton et al., for a Department of the Army permit to construct and backfill a bulkhead on Currituck Sound, near Aydlett, Currituck County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will be positioned in strict accordance with permit plans. The bulkhead alignment will not have an average waterward alignment of more than 4 feet from the normal water elevation contour. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. Vegetated wetlands will not be filled. 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. -2- e. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge.' Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV 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 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concernYng an application: for State Federal A. PERMIT: rmit(a) f This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. his office has no objection to the issuance of the permit(s) for the proposed with the following conditions: That t 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 after e proposed project is certified 2Th 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. eP? 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 A ITY SECTION nTVTQTAV nv vwu-rvt%wwvw-rLT_ MANAC.AMP.MT N;tDA A X;}°! CATStt:''$*f 1.,..1r DATE 08 /03/87 r^CTa.ON : ADD F`:f:t..E % At:`,Ai1fr...01 I ?WD -% Fi:?Eii°'iAT . NR:1i::;.,.<Mr^ NEXT E,.::C. 00272 ACTION ADD, E NTER DATA, REC. ADD ED TS 00269 FRD DATA PRO= 00271 PROJ. ASSIGNED 'T'(:): HAMPTON, FREI) is,.fM COUNTY: CURRITUCK REGION ,.10Ti"lT NOTICE: N : 0-?' TYPE CERTIFICATION RECOMMENDATION :.` A (" E:. ,`.i'.' Y "Y i°i i'11:) I} Ci"rmA CiN1,..Y: GQ LsPI.:Rtkl1.::AriS DENY: Ii•rI•T":I:Al.. REPORT: SJi°•Ii AMA : Y GC: F-1:4(4L REPORT: 970803 RE::C:E V:I: NG STREW CURRITUCK SOUND CLASS: SC BASIN; PAS C:iJM;'11° NTS ; SITE I_:T1t ATE: P i:lN SR 1!37 NEAR AYDLETT 90 LF OF WCIODE.?N ? , JOKES: WARO .(...l: NTR-Ai_.. Ml:i._OS --...WOO T3 . -. - - RECEIVED AUG 0 6 41987 WATER QUALITY SECTION OPERATIONS BRANCH r r • W<iSf{070V?OFF;C;; MEMORANDUM: ' f I'L2 91987 TO: BILL MOORE FROM: George H. Wood SUBJECT: Application for LAMA Major Permit and/or Dredge and Fill Permit DATE: July 28, 1987 Attached is an application py FRED HAMPTON which was received by me on 7/10/87 I am considering this application complete., have acknowledged recivipt, and have Oegun processing. If you have any questions, do not hesitate to contact ne; -r r MEMORANDUM: HLL'LJVko WA.ti??1?1GTOFJ OFFI; S; TO: BILL MOORE FROM: George N. Wood SUBJECT: Application for LAMA Major Permit and/or Or°edge and Fill Permit DATE: July 28, 1987 Attached is an application py ERFD ,N?1P?IPTy}t,? which was received by me on Z/10/87 I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions, do not hesitate to contact mu: OFFICE OF COASTAL ftA"AGEMENT FIELD INVESTIGATION REPORT is Applicant's name FRED HAMPTON 2. Location of project ij,?e Eck Sound at Avdlett 84 series photo #, G 93 _G ?_..._ 3. investigation type: OrcdRc 6 Flit X CANA X 4. Investigative procedure: (A) Dates of site visit 7/27/87 (B) Was applicant present no .S. Processing procedure: Application received 7/10/87 Office Elizabeth City 6. Site description: W .Local Land Use Plan Currituck Land classification from LUP ur Development constraints identified in LUP none i rrrr?r??? r?? (a) AEC(s) involved Ocean Hazard Estuarine shoreline x Coastal wetlands Public trust waters x Extionrine waters` Other (f ) water dependent: Ye.r_ X No Other (n) Intended use: Public Private X Commercial (I:) Tvl.#- of waste water trentment: Existing' none planned none (F) Type of stroictures: Fxisting none Planned r6ne (C) Estimated annunl rate of erosion 8'.' Source applicant 7. llahitnt description: AREA (A) Vegetated wetlands: Dredged Filled (lth?•r rr (R) Non-vegetated wettnndFt Shallow water 720 sq. ft: (C) Other: (D) Total area disturbed: 720 square feet e, Project n1immnry The applicant is proposing to construct a bulkhead along 90 feet of the Currituck. Sound near Aydlett on S.R. 1137. FRED HAMPTON BIO REPORT PAGE 2 SITE DESCRIPTION The applicant owns three lots on the Currituck Sound near Aydlett. These' sandy lots are vegetated in pine and lawn grass and are elevated approximately 12 feet above normal water level. Two of the lots have bulkheads which still retain backfill but.have several turns and angles. The remaining lot has an old deteriorated bulkhead which has failed and erosion has been rapid. The sharp excarpment is testimony to the continuing erosion. The applicant is requesting authorization to extend from the existing bulkheads on the adjacent property in a shallow angle with a new bulkhead which will eliminate the right angles in the old bulkheads and join with the existing bulkhead adjacent to the unbulkheaded lot. This alignment will result in the 90 feet of bulkhead averaging eight feet waterward of NWL (according to the applicant). My calculations indicate that the bulkhead will average 4 feet waterward of NWL. ANTICIPATED IMPACTS The construction of the bulkhead will result in some elevated turbidity levels, however, they should be localized and temporary. Backfilling of the bulkhead will result in the loss of between 360 and 720 square feet of shallow water habitat. CAMA REVIEW The project is consistent with the rural classification in the Currituck LUP. Submitted by: George H. Wood Date: July 28, 1987 I: APPLICATION R1.CLIVEU ' FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN. LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPIIIEN ??- Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. Applicant Information A. Name Hampton, Fred H. and others Last First Middle P. 0. BOX 1 B. Address Street, P. 0. Box or Route Point Harbor, N. C. 27964 919-491-8247 City or Town State Zip Code Phone It. Location of Proposed Project: A. County Currituck B. 1. City, town, community or landmark Aydlet t 2. Is proposed work within city limits? Yes No XX C. Creek, rivbr, sound or bay upon which project is located or nearest named body of water to project Currituck S oUnd III. Description of Project A. 1. Maintenance of existing project XX 2. New work B. Purpose of excavation or fill n/a Access channel length width depth 2. Boat basin 3. Fill area length width depth length width depth 4. Other length width depth C. 1. Bulkhead length 90 , Average distance waterward of MHW (shoreline) 8 2. Type of bulkhead construction (material) wood 1.0 lbs. p. s. i. Salt treated D. Excavated material (total for project) n/a 1. Cubic yards 2. Type of material E. Fill material to be pls ced below MHW (see also VI. A) 1. Cubic yards 70 2. Type of material sand IV. Land Type, Disposal Area, and, Construction Equipment: n/a 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 n/a. C. Disposal Area n/a; 1. Location 2. Do you claim title to disposal area? D. Fill material source if fill 9s.to be trucked in . local borrow hit E. How will excavated material be entrapped and erosion controlled? bulkhead F. Type of equipment to be used um s baekhoe bulldoz ier G. Will marshland be crossed in transporting equipment to project site? If yes, explain no D& F-B 1 Rev. 10178 V; Intended Use of Project Area (Describe) A. 1. Private XXX 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) 90 I x 100' ' 2. Elevation of lot(s) ab*ve mean high water a?nrox. 12 3. Soil type and texture sandy 4. Type of building facilities or structures none 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe none 6. (Land Classification" (circle one) DEVELOPED TRANSITIONAL COMMUNITY URAL CONSERVATION OTHER (See CAMA Loca and Use Plan Synopsi VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes XX 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 XX 2. Type of discharge a 3. Location of discharge n/a VII. Present rate of shoreline erosion (if known): 8;1/ year VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area if applicable: 'a IX. Length of time required to complete project: Wks . X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'/z X 11" white paper (see instruction booklet fot 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 16 :Tu t 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. John Crawford, 409-B 33rd Street, Virginia Beach, Va. 23451 Tom Moore, 15 dO anney s tree , Virginia eac a. XI. Certification requirement: I certify that to the best of.my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such. program. XII. Any permit issued pursuant to this-application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. l L DATE Applicant's Signature D&F-62 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. I0/7R . { ??w"?;?,?? f Y }??ti aiA?6.A a ? l,i „t,. + •? ;sar ?';S_`?;:?<.e n4 ,r'< ?y. t M ? .. ....,..?. rt1"'f.?J?1 ?.:"'M,?S ..svc»? +F•s•?? t????x _ .u? 3 7.??.. ? ????'????f"?•? ,?,.' sfy tihC. ?.,M"?Wi ZONE c Al' IIA a i W 1140 SR Ilan ZONE A3 1EL 51 +? •'?/ ? ?M icy q1;? SR II6g zoroE a3 a EL 5) ? .I CA A ? N•rl U V ? , y n ? A a _. ? T ry? J K n p cp ;?- ? ? o R V t rn i-' r r m ? T A X ?y< x / > J Q L } 'o o mi v s i n s a -- I 7 a ^c ? d F ry1 rt, T n r C? r 1 G Z t/ A"` SUTt o .tea n?? 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 31,1987 Mr. Charles L. Holliday, Deputy Director State Building Div.-State Property Office Department of Administration Raleigh, North Carolina 27611 Dear Mr. Holliday: The attached copy of an application submitted by: David W. Owens Director Fred Hampton Applicant's Name Currituck Sound at Aydlett Currituck 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 _.$120/87 Sincerely, ?% l z R. Parker, Jr., ki ef Major Permits Processing Section JRP:ap:2480 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 June 26, 1987 SUBJECT: File No. SAWC087-N-027-0417 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 R VF.( ,)UN 2 91987 ?tiltn vPEpArj NIT Y ECT100?1 N, Dear Mr. Mills: Enclosed is the application of Mr. Fred H. Hampton, et al., for a Department of the Army permit and a State Water Quality Certification to construct and backfill a bulkhead on Currituck Sound, near Aydlett, Currituck County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by August 25, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, l ha a W. Ho is hie 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 .,.- . , 1-4 a? ?ic/VUu APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina DepIme.nt of the Army (GS 14612) Department of Natural Resources and Community Development Corp{?pf Englneers,4'1lmi6g District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR`209.330=329) ?H Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 9. 198T; I, Applicant Information A. Name Hampton, Fred H. and others P . 0. BOX 1 Last First ddle F B. Address .:..:.......... :,:.,,:, Street, P. O. Box or Route Point Harbor, N. C. 27964 919-491-8247 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County Currituck B. 1. City, town, community or landmark Aydlett 2. Is proposed work within city limits? Yes No XX C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Currituck Sound III. Description of Project A. 1. Maintenance of existing project XX 2. New work B. Purpose of excavation or fill n/a• 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length width depth 4. Other length • - width depth C. 1. Bulkhead length 0' Average distance watet*ard•of MHW (shoreline) 8 2. Type of bulkhead construction (material)' Flood 1.0 ' lbsp. s. i. salt treated D. Excavated material (total for project) n/a• 1. Cubic yards 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 70 2. Type of material 'sand IV. Land Type, Disposal Area, and Construction Equipment: n/a 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 n/a C. Disposal Area n/a 1. Location 2• Do you claim title to disposal area? D. Fill material source if fill is to be trucked in local borrow pit E. How will excavated material be entrapped and erosion controlled? bulkhead F. Type of equipment to be used • Pumps/baekhoe/bulldoz ier G. Will marshland be crossed in transporting equipment to project site? If yes, explain no D& F-B 1 Rev. 10/78 Intended Use of Project Area (Describe) A. 1. Private XXX 2. Commercial 3. Dousing Development or Industrial ,i 4. Other B. 1. Lot size(s) 90,X 100' 2. Elevation of lot(s) above mean high water annrox. T21 3. Soil type and texture sandy 4. Type of building facilities or structures none 5. Sewage disposal and/or waste water treatment A. Existing ..taped B. Describe none 6. !Land Classification'(circle one) DEVELOPED TRANSITIONAL . COMMUNITY' URA CONSERVATION OTHER '(See CAMA Local and 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 XX 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 ..XX 2. Type of discharge a 3. Location of discharge n/a VII. Present rate of shoreline erosion (if known): 8 ,/ year VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for . work in project area, if applicable: n/a IX. Length of time required to complete project: 4 wks. X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date serve 17-117 J -? ? \ 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. John Crawford, 409-B 33rd Street, Virginia Beach, Va. 23451 Tom Moore, 15 S -Na:nn.ey's Creek, Virginia Beach, Va. 23457 .5 0 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE l)+? D&F-B2 Rev. 10/78 Applicant's Signature SEE REVERSE SIDE FOR MAILING INSTRUCTIONS 18 June 1987 TO WHO9 IT MAY CONCERN: y The enclosed application indicates the following: Property #1 with a demolished old bulkhead and severe eriosion would like to align with the Crawford property taking in a area that is approximately 10 feet by 20 feet and go south to property 42 which has a failing bulkhead to be replaced with a new bulkhead approximately 2 feet out from the existing bulkhead to property #3 and angle back from 5 feet to 0 to the propery of Tom Moore and end. This alignement would unify the properties and would allow the water to pass freely with no stagnation. If there are any questions or any additional information needed please contact me at below address. Th nk , you, J Fred H Hampto P.O. BOX 1 POINT HARBOR N.C. 27964 919-491-8247 ZONE C G A SY.i.. . 'f, s R3 SR 1 ZONE A3 (EL 5)? N ? T ? ? x- SR 1159 ZONE A3 (EL 5) O O SR li A (v Ch jJ _ O G p 3 P Q H 'j` JC N a Z a w L al ? r 3 1` ri t s .t n o s to \ s_ x ti K X x 6 j J T x w ?p a yX 1 X J x 0 0 rn ? RI O X 1 S t S Jo y F RI W. W T G ? i O ?' m k W p Sou o - t. G o ?` m -? ? F 151..- m - t! qtr T 70 ?n l ?-y V Z IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 June 26, 1987 SUBJECT: File No. SAWCO87-N-027-0417 JUN 29 1987 Mr. Fred H. Hampton, et al. Post Office Box 1 Point Harbor, North Carolina 27964 Dear Mr. Hampton: RECEIVED WATER QUALITY SECTION OPERATIONS BRANCH 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 June 19, 1987, for a Department of the Army permit to construct and backfill a bulkhead on Currituck Sound, near Aydlett, in Currituck County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWC087-N-027-0417 and will be coordinated by Ms. Alison Arnold. She is available to address questions or comments you may have at telephone (919) 343-4634. 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 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 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 June 30, 1987 SUBJECT: File No. SAWC087-N-016-0293 Mr. George A. Howard 100 Preston Drive Jacksonville, North Carolina 28540 Dear Mr. Howard: RECEIVEr. JUL 0 6 1987 WATER QUALITY SECTION OPERATIONS BRANCH By copy of North Carolina Department of Natural Resources and Community Development letter to you of June 12, 1987, we have been informed that your application for State authorization to excavate and fill wetlands adjacent to Nelson Bay in conjunction with the construction of a clam hatchery, north of Stacy, Carteret County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. Additionally, we received unfavorable comments from Federal review agencies (copies enclosed). Their reaction to your proposal is the result of anticipated significant adverse impacts. I have provided these Federal agencies` comments to alert you to concerns in addition to those identified in the State's denial letter. While appealing the State permit is the next step in pursuing State authorization, you should be aware that Federal agency comments will be unchanged by the outcome of that appeal. Because of the Federal agencies' influence on Department of the Army permit decisions, it is unlikely a Department of the Army permit would be available unless your project can be modified to lessen its impacts. Mr. David Baker of my staff is available to answer any questions you may have or to assist you in developing a revised plan. He may be reached at telephone (919) 343-4642. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Paul W. Woodbury Colonel, Corps of Engineers District Engineer Enclosures -2- Copies Furnished (without enclosures): 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. 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. Nelson Paul Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morerhead City, North Carolina 27885 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 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. William Mills Water Quality Section Division of Environmental Management J rth Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611