19890026 Ver 1_Complete File_19890101

4
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor January 3, 1990 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. George Wood
Bissell Associates
Agents for Cassupula and Orth
Post Office Drawer 1068
Kitty Hawk, North Carolina 27949
Dear Mr. Wood:
Subject: Certification Pursuant to Section 401
of the Federal Clean Water Act,
Proposed Bulkhead
Bissell Associates
Cassupula and Orth Property
Roanoke Sound
Dare County
Attached hereto are two (2) copies of Certification No.
2423 issued to the U.S. Army Corps of Engineers dated January 3,
1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
C
harles Wakild
cting Director
Attachments
cc: Wilmington District Corps of Engineers
Xr s hington Regional Office
. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Dare 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 Bissell Associates pursuant to an application filed on the 9th
day of October, 1989 to construct a bulkhead with associated
backfill on the Cassupula and Orth property.
The Application provides adequate assurance that the
discharge of fill material into the waters of Roanoke Sound in
conjunction with the proposed bulkhead in Dare 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).
2. That the two lots be combined to provide one septic
tank system from one residence to be built on the
combined lots as approved by the local health
department.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of.the Federal Permit.
This the 3rd day of January, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Varlkes Wakild, Acting Director
WQC# 2423
I
DF/CAMA/401 REV
PROJ# : 0073 PROJECT: 49X61- COUNTY: c_Qa-'-e
ASSIGNED TO: DEBORAH SAWYER JOINT NOTICE:y
TYPE CERTIFICATION
404 PN 401 REQ:
CAMA ONLY: GC:
DF/CAMA Y SWPREQ:
RECEIVING STREAM: ;Zpa,..a ?r9
COMMENTS:
REGION: (
RECOMMEND DATES
ISSUE: Y RECEIVED: a7/007
DENY: INITIAL REPORT:"//a
HOLD: FINAL REPORT: $7/z/8
CLASS: 5 f'f BASIN: P A-5

JAN
Copies: WaRO - Central - Mills - DCM
Washington
Elizabeth City
Morehead City
John Parker, Raleigh Central

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?5
December 11, 1989
0 3198,9
Ea1
Deborah Sawyer
Division of Environmental Management
P. O. Box 1507
Washington, North Carolina 27889
Dear Deborah,
Enclosed you will find a determination from the Dare County
Department of Health with regards to Lot 1 and 2, Section E,
Old Nags Head Cove. You are currently considering a request
from CAMA for bulkheading these lots to prepare the site for
single family residential construction. The proposed
alignment of the bulkhead will extend between two existing
bulkheads on adjoining property and will allow for the
construction of a single family residence to be serviced by a
septic system ---apable of accommodating a four bedroom unit.
I hope that this additional information will assist you in
making a favorable recommendation for the proposed bulkhead
construction. If you have any other questions regarding this
matter please do not hesitate to call.
Sincerely,
BISSELL ASSOCIATES
George H. Wood
Director of Environmental Services
cc: File 2500.84
Mr. John Orth
Daniel Casapulla
George Mathis, Division of Coastal Management, Raleigh,
North Carolina
Dori Fuller
Surveying Division Bissell Associates, Inc.
No. 5'.'. - zh St. PC Box 253 4112 North Croatan Hwy. Drawer '= 3
Kitty Ha v, North Ca-o',:na 27949 Kitty Hawk, North Carc',na 279==
919;261.2225 Fax [phone]-3266 Fax 919,261-176:
Y M
V113 ??O
Engineers. arch tees. p'snrc•s s;,rce; .'s
environmenta! speca'.sts E cois;r.,ct on'-a-: ;='s
Currituck B-anch Office
H c-..vay 1c: ?O. Box 657
Noy:.ck. No~- rolina 27958
919;35.2555 =a? 9191435.6852

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DARE COUNTY DEPARTMENT OF HEALTH
MANTEO. NORTH CAROLINA 27954
HARRY D. JOHNSON
HEALTH DIRECTOR
December 6, 1989
Mr. George Wood
Director of Environmental Services
Bissell Associates
Drawer 1068
Kitty Hawk, N.C. 27949
Re: Dots 1 and 2, Section E
Hesperides Drive
Old Nags Head Cove
Dear George,
P. O. BOX 1000
PHONE [phone]
?'iv :i?ilU 7G+v `ChlV.
Dtcr
This is in response to your letter to Fred Parker dated November 27,1989
in regard to our opinion on the suitability of these sites for septic tank
locations, should a proposed bulkhead alignment be permitted.
In our opini^n, this site would not be acceptable for two septic systcsns.
We feel that it would not be appropriate to issue any variances on this
property for purposes of issuance of a septic tank permit and we feel that
the soil conditions and proximity to Roanoke Sound would make it unwise to
issue two permits for this property. If the bulkheadi.ng is authorized and
if the two lots were to be combined into one property, the Dare County Health
Department would consider the issuance of one septic system for one 4 bed-
room unit situated on the combination of the two lots.
If approval of the Dare County Health Department for the issuance of
two septic permits is integral to the construction of bulkhead, I do not
concur. If, however., you wish to reclaim a substantial portion of the property
to make it suitable for one A bedroom unit, we would endeavor to work with
you to design a system that meets all requirements and which presents no
potential overflow or seepage into Roanoke Sound.
ely,
D. John on, Director
4ary
Dare County Health Department
LAND OF BEGINNINGS

i;?:?lVc7
1:'AS:;lN3T6N OFFICE'
NOV •2 2r198
2-
NKDATA DF/CAMA/40S R17 - ? -
ACTION > FILE > DFCAMA405 PSWD > FORMAT > NRDFCAMA NEXT RCD > 0000(
ACTION = AD. ENTER THE DATA TO {E STORED F[--'D DATA
F'ROJ? : 0073 PROJ : D;D -A COUNTY: PO -C-a REG I Off! : D 7
ASSIGNED TO: OAS JOINT NOTICE:
TYPE CERTIFICATION RECOMME??I DATES YY!iriD'
404 PN : 401 REQ : Y ISSUE: RECEIVED
CAMA ONLY: GC: DENY: INITIAL REPORT: Sg//0 7
DF/ CoHA:? SFCF' S(JPRE0: 1101_D FINAL R*1---0I-R
RECE I ?' I I?! ETREAM CLASS: Q YA,S 1N : PAS
COMMENTS
Z/ $ g
?: , ? G

NKDATA DF/CAMA/401 F;EV DATE 01
ACTION > FILE > DFCAMA401 l=SWD > FORMAT > 14RDFCAMA NEXT RCD • > 00?
ACTION! = ADD , ENT ) TA "0 B- STORED Fl--.D DATA , c--4-' T 11 r7 PR'0 J; : D0 731 F'R0J : COUNTY: a•-10 REGION: 62
ASSIGNED TO: 17 5 JOINT NOTICE:
TYPE CERTIFICATION RECOMMEPf% DATES YYpMiHD
40,1 PiN : 401 REL : ISSUE: R1=CEIVED : 18-?VP O
CANA ONLY: GC: DEI1Y : INITIAL REPORT:
1)1= / C A H A : ?l S1= CI' `",W ,IlEp HOLD: y FIi i 1?;1= F'OI T
ASIN : , j)6
RECE T. V 7:NG .3 TRE'AH I v ya? CLAS'S BASIN:,
COMMENTS:
A?t
4s-? (?3?
`? L!:
'le ;4s, t
f!CV ?23 rw
Q s ?/ ?,

Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to gour project, write N/A (not ap-
plicable).. Items 1-4 and 8-9 must be completed for
all projects.
4 APPLICANT !
a. Name Bissell Associates
Address P.O. Drawer 1068
City Kitty Hawk State • NC
Zip 27949 Day phone [phone]
Landowner or -X- Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give
the owner's name.and address.
Daniel Cassupula John Orth
P.O. Box 387 821 NE 122nd
_Middletown, DE. Kirkland, WA
19709 98033
;Z ` L(QCA,TION OF YROPOSED',,: ?.
a. Street address or secondary road number
IiesDerides Drive
b. City, town, community, or landmark
Nags Head
c. County Dare
d. Is proposed work within city' limits or planning
jurisdiction? _Yes
e. Name of body of water nearest project
Roanoke Sound
3DESCRIPTION AND PLANKED
USE.OF,_PROPOSED PROJECT
a. -Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
bulkhead
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
new work
c. Will the project be for community, private, or
commercial use?
private
d. Describe the planned use of the project.
_ place bulkhead and backfill
and rip ran
4'',i(iLCu?l?\L` ?(+\+?•i[Q* #Tf i "a r J
.! ..Viii wit[-?4TE1?.L?.1 C? r r , f?•y t.
a. Size of entire tract 10 , 3 9 6 s . f .
b. Size of individual lot(s) A p p r o x. 6300 s. f.
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 3.5
d. Soil type(s) and texture(s) of tract sand
e. Vegetation on tract American
Beachgrass
f. Man-made features now on tract
rip-rap
g. What is the CAMA Land Use Plan Classifica-
Pl, tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
residential
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? no
if so, by whom?
5 ,UPLAND.',DEVEtbp` EDIT
Complete this section if the project includes any
upland development.
a. Type and number of buildings facilities, or
structures proposed
b. Number of lots or parcels N / A
c. Density (Give the number of residential units
and the units per acre.) N/A
d. Size of area to be graded or disturbed N A .4.
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
.disturbing activity begins. If applicable, has a
sedimentation and erosion control-plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. 1V
8 ADDITIONAL INFORMATION.
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
None
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and A statement on the use of public funds. If the
cross sectional drawings) drawn to scale in black project involves the expenditure of public funds, at-
ink on 8 V/2 x 11 white paper. (Refer to Coastal tach a statement documenting compliance with the
Resources Commission Rule 7).0203 for a detailed North Carolina Environmental Policy Act
description.) (N.C.G.S. 113A-1 to 10).

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 9 CERTIFICATION AND PERMIS-
prints or other larger plats are acceptable only if 16 SION TO ENTER ON . LAND .
hi
h
li
i
id
d b
h
g
qua
ty cop
es are prov
e
y t
e applicant.
(Contact the U.S. Army Corps of Engineers regard- Any permit issued in response to this application
ing that agency's use of larger drawings.) A site or will allow only the development described in the
location map is a part of plat requirements and it application. The project will be subject to condi-
must be sufficiently detailed to guide agency per- tions and restrictions contained in the permit.
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like. I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
A stormwater management plan, if applicable, that Carolina's approved Coastal Management Program
may have been developed in consultation with the and will be conducted in a manner consistent with
Division of Environmental Management. such program.
A list of the names and complete addresses of the I further certify that I am authorized to grant
and
adjacent waterfront (riparian) landowners. These ,
do in fact, grant permission to representatives of
individuals have 30 days in which to submit corn- state and federal review agencies to enter on the
merits on the proposed project to the Division of aforementioned lands in connection with
Coastal Management. The applicant must advise evaluating information related to this permit ap-
the adjacent landowners of this opportunity by sen- plication and follow-up monitoring of project.
ding a copy of the permit application to them by
registered or certified mail. This notification is re- This is the 2nd day of September
quired by G.S. 113.229(d). 19 89 '
Name Richard Dean
Address 311 Montrose Landowner Authorized agent
Cantonsville, MA 21228
Name Cindy K . Brightbill Send the completed application materials to the
Address P.O. Box 745
Nags Head
NC 27959 Division of Coastal Management Office nearest you
_
, and the U.S. Army Corps of Engineers. See the
Name map on the inside front cover for the appropriate
Address DCM office and
dd
d
h
b
a
resses an
p
one num
er.
r
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Lat:35056138"
Long:79°37103"
1. APPLICANT'S NAME Bissell Associates-Orth Bulkhead
2. LOCATION OF PROJECT SITE lots 1 & 2, Sec. E. Hesperides Drive,
Old Nags Head Cove, Roanoke Sound, Dare County Aerial Photo: 138-454_
P-14
3.
4.
INVESTIGATION TYPE: DREDGE & FILL X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 9-19-89
(B) WAS APPLICANT PRESENT no
5. PROCESSING PROCEDURE: APPLICATION RECEIVED September 7, 1989
OFFICE Elizabeth City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Nags Head
LAND CLASSIFICATION FROM LUP Transition-High
Density
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NA
(B) AEC(S) INVOLVED:
OCEAN HAZARD
COASTAL WETLANDS
ESTUARINE WATERS
(C) WATER DEPENDENT: YES X NO
PUBLIC TRUST WATERS X
X OTHER
arHER
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING NA
PLANNED Septic tank/drainfield
(F) TYPE OF STRUCTURES: EXISTING NA
PLANNED Bulkhead, two Sinqle Familv Residences
(G) ESTIMATED ANNUAL RATE OF EROSION 5-101SOURCE Applicant
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
DREDGED
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
Shallow-water habitat
FILLED OTHER
(D) TOTAL AREA DISTURBED:
ESTUARINE SHORELINE X
CA14A X
4,800sq ft
4,800sq ft

8. PROJECT SUMMARY: Applicant proposes to construct a bulkhead
an average of 30' feet waterward of NWL and backfill an area of at
least 4800sq ft.

Bissell Assoc-Orth Bulkhead
Bio Report
Page 2
Site Evaluation
The applicant proposes to construct a bulkhead an average of
30 feet, and a maximum of 38 feet off shore. A field inspection
Q found the shoreline to be eroded 5 to 10 feet further than shown
on the plan submitted with application. The site has a bare,
sandy shore. The land slopes upward from the shore to a sparsely
vegetated, narrow, sandy ridge that parallels the road. A dead
live oak stands a few feet off shore, evidence of shoreline
erosion. Both
adjacent properties are bulkheaded, with long sidewalls.
Anticipated Impacts
The filling of 4,800 square feet of shallow water an average
of 30 feet off shore is a significant adverse impact to public
trust rights. The purpose of the filling would be to construct
two-single family residences, each on 5,000 sq. ft. lots. Such
a development density within the Estuarine Shoreline AEC will
increase storm water runoff and non-point source pollution to the
Roanoke Sound, which is Class SA water.
CAMA Review
The site is classified as Transition-High Density by the
Nags Head LUP.
A constraint on the proposed development is found in TIS
NCAC 7H .0208 (6)(7)(D)(iii), which states that "the bulkhead
alignment will not result. in significant adverse impacts to
public trust rights..."
Submitted by: T. Gray Hauser, Jr e ,s. L
Date: September 25, 1989

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