HomeMy WebLinkAbout19930804 Ver 1_COMPLETE FILE_19930902DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 7, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304786
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
D Vr+
OCT r 8
WETLANDS GROUP
WATER QUALITY SECTION
Enclosed is the application of Mr. David S. Watson for Department of the
Army authorization and a State Water Quality Certification to construct and
backfill a bulkhead, place riprap material as a breakwater structure and
excavate an access channel on Currituck Sound, Martins Point Subdivision,
Kitty Hawk, Dare County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is 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, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by December 7, 1993, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone (919) 975-3694.
Sincerely,
G. e Wr ht
Chie Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Please type or print. Caretally describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Iterns 1-4 and 8-9
If you plan to build a marina, also complete
attacks Form DCM .MP-2. ,
must be completed for all projects. ,-- ,1? proposed activity mairttcnance of an
R E- ?- L E40ting project, new work, or both?
J % EXISTING & NEW WnRK
1 APPLICANT 1993 c. Will the project be for community, private, or x0
a. Name- MR. DAVID S. WATSON REGULA[URY BRA mercialuse? t,& ?
_ PRIVATE
Address ,jOr°, M T T. T. F (? T ?I T R Q A D
City KITTY HAWK _,State
N.C.
279w? _Du`Jphone ( 91 9 ) 261-2000
Zip-_
X Landowner or Authori zed agent
b- Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
d. Describe the planned use of the project.
1F10TE,CI - STTF aun PRn--"--
;jARRQR & DGrKTNG OF PRTVATE VESSEL
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract g 1 6.14 -3 Q. F T -
b. Size of individual lot(s) -"ME_
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
±7?
Soil t-ype(s) and texture(s) of tract
COROLLA FINE SAND
a. Street address or secondary road number
108 r1ILL POINT ROAD, MARTINS :'M:INTe. Vegetation on tract TT?T ri X .S 621? GRASSES
b. Cityt town, coHmmu ity, or landmark
c. County DARE
d. Is proposed work withi c or 1 g
jurisdiction? IFS, S7t3"k Al"
e. Name of body of water nearest project
CU ITUCK 5llN
f. Man-made features now on tract -SINGLE FAMILY
DWELLING
g. What is the CAIViA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed _ Community
Rural Other
h. How is the tract zoned by local, government?
3 DESCRIPTION AND PLANNED USE GOMMTTN?- TY
OF PROPOSED PROJECT i. How are adjacent waters classified?
SC-JOINT
a. Dssczibc all development activities you propose (for j. Has a professional archaeological survey been
example, building a home, motel, marina, bulkhead, tarried out for the tract? N C If so, by whom?
or pier). BULKHEAD -DIGOUT EXISTING
CIi.r1NNEI,-RIP-RAF BREAKWATER WITH
VEGETATION BEiIND IT 4N SITE FKO_PERTi
AND IN C[JRRITUCK SOUND.
qD L/
3191
(,IVrJ)
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
Ci ?T -IP i '9.5
45 `.
a. Type and number of buildings, facilities, or
structures proposed N,/ A
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.) 1
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? N/A
L Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N.1 A
L Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
N.1 A
k. Describe existing treatment facilities.
FAMILY SEPTIC
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). NONE
m. Watei supply source DART COUNTY
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards f 1400 cu yrds
c. Type of material SAN D
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excava N Ain cubic yards
3/91
Length Width Depth
f. Dimensions of spoil disposal aria ll c. Shoreline erosion during preceding 12 months, in
tf ZC-U Lq -A . feet 2n, TO 1, n t
g. LocBEHINDp SEAsWALLarea
h. Do you claim title to the disposal area? YES
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? YEG
Ifso,where? SAME AS AgnyF.
j. Does the disposal area include any marshland,
swamps, or water areas?
WATERS OF PRIVATE MANAMDE POND
d. Type of bulkhead material SALT TREATED
e. Amount of fill, in c1 is ards?t }bRepllaced below
meanhigh water _ D
f. Type of fill material RIP RAP FOR BREAKWATER
ON SO. WEST SIDE OF CHANNEL
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
k. Will the fill material be placed below mean hi $h A copy of the deed (with state application only) or other
water? ABOVE MEAN HIGH WATER f7l ?ti71n instrument under which the applicant claims title to the
1. Amount or int m cubic yards 0-1 500 CU YRDS affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
in. Type of fill material SAND deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
n. Source of fill material EXCAVATION OF ACCESS
CHANNEL
o. Will fill material be placed on marsh or other
wetlands? N 0
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
PLACED ON HIGH GROUND ta??}(?„n
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 1 I white paper. (Refer to Coastal Resources
Commission Rule 71.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
S; I l[_ (&nL G
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? ihAyKHnF. DRA('.T.TNF
s. Will wetlands be crossed in transporting equipment
to project sitet NO If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 1451
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
b. Average distance waterward of mean high water or
normal water level 11 ABOVE MEAN HIGH WATER
3/91
1, '! )? A?<<;
r...
Name,. N E.D RTFF j. N
Address .2749 _ SAND HILL ROAD
MENLO PARK CA 94025
Namc ROSS FICHERA
Address _L() n M P R R i (;SRO ROAD
PO BOX 2
ROCKVILLE CEN'T'ER, NY 11571
Name _
Address
A list of previous stale or federal permits issued for
work on the project tract. Include permit numbers,
permittce, and issuing dates.
A check for $250 made payable to the Department of
Environment, health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for pmjects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The pmject will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
1 further certify that T am authorized to grant, and do In
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the cjay of
Landowner or Authorize,1l agent
PIP, ? i
a/9 I
soo
L
PROP, RFD
C"ANNQ. MARKER
`To
I n
Obv) JD- A//-,
PROP. RED
CHANNEL MARKER
.C" / ' PROP. RED ? CHANNEL WMER
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ills t' *
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1. 6"x6" PILING
2. 4"x6" TOP NA.
3. 4"x6" BOTTOM
4. DOUBL8 LAYER
S. 5/8" 0 x 10,
6. 61lx6" ANCHOR
ILER
NAILER
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GALV. TIN ROD
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84 FILTER CLOTH a ---?
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(5 ^MP
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i
THE BREAKWATER WILL BE APPROXIMATELY 41 OUT OF TI
WATER DEPENDING ON THE WATER AT NORMAL LEVEL.
WATER LINE
FILTER CLOTH
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State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
ry
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
October 15, 1993
David S. Watson
108 Mill Point Road
Kitty Hawk, N.C. 27949
Dear Mr. Watson:
Subject: Proposed fill in Wetlands or Waters
Bulkhead, breakwater installation and channel reexcavation
Dare County
DEM Project # 93804
Upon review of your request for 401 Water Quality Certification
to place fill material in 3225 square feet of waters which are
tributary to Currituck Sound for shoreline stabilization located at
Lot #1, Block 1, Section 5, Martins Point Subdivision in Dare County
as described in your submittal dated 28 September 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2665. A copy of the General Certification
is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 13.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
eston Howard, r. P.E.
93804.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N, Schecter, Director
a-..t.1
ID F= F1
F ECEIVSD
WASHINGTON OFFICE
S r 2 199-
Septembc: 24, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, Direct°
Division of Environmental Mar,.a.gement
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: David S. Watson
D. n 111.1
Project Location: 108 Mill Point Road, Kitty Hawk, NC Lot 1 Block 1 Section 5, Martins
Point Subdivision, Dare County, Currituck Sound
Proposed Project: Construct 111 ft. of wooden bulkhead, 145 ft. x 5 ft. riprap
breakwater and re-excavate an access channel into an existing pond.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 15, 1993. If you have any questions regarding the proposed
project, please contact Peter B. Colwell at (919) 264-3901. When appropriate, in-depth
comments with supporting data is requested.
REPLY v This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of -the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed Date Ill
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
k
4
To : John Dorney
Planning Branch
IG?r
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
RECOt?ffi?IDATI IS ISSUE/COND DENY HOLD ,
STORMWATER PLAN REQ'D• IF YES, DATE APPROVED:
PROJECT DESCRIPTION: ?e e?•.o?. Lll c-v--?
OPEN OR
WL IMPACT: /? WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: ING SHEET ATTACHED?
IDS GROUP---
kITY SECTIm
WaRO PROJECT # l 3 -0 *)a - ?' - WQ SUPERVISOR: THO
REVIEWER: SAWYER DATE: 143
WETLAND INFORMATION FOR CENTRAL OFFICE TRACXING
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJBCT NAME :
PROJECT TYPE: ?Q,PERtQT TYPE:?OE
COE 1: DOT /:
RCD FROM CDA: DQ DATE FROM CDA: ?l2-v/93
REG OFFICE: WaRO RIVER AND SUB BASIN f: P-4S 5
STREAM gR ADJACENT WATER BODY: ;•r,?(J
CLASS : J STREAM INDEX f:,30-
WATER QUALITY CERT. 401
CERT. REQ'D:
IF YES, TYPE: ,
SEWAGE DISPOSAL V
TYPE OF DISPOSAI1,-FRqP9 -----
( IST , PROPOSED, EPTIC TANK C.)
TO BE PERMITTED BY: ?-
(DEM, DHS, CO
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL Z
AREA OF FILL: WATER : 31 Z S WETLAND : - O --
IS FILL ELIMINATING A SIGNIFICAth USE?
DREDGING
AREA TO BE DREDGED : 2 O a S z
IS DREDGING ACT;VITY EXPECT EII TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? /"J
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? /) IT
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office
DIVISION OF ENV 0 ENTA.L MANAGEMENT
MEMORANDUM
• TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project:
Project No.: d -
Date Received:
F'nA? Date Comment:
Description of Project: /
Sc /``Ted
Comments:
I
4
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
MAJOR MODIFICATION
1. APPLICANT'S NAME: David S. Watson
2. LOCATION OF PROJECT SITE: 108 Mill Point Road, Kitty Hawk, NC Lot 1 Block 1 Section 5,
Martins Point Subdivision, Dare County, Currituck Sound
Photo Index - 1989: 46-6, W-10 1984: 136-487, C-5
State Plane Coordinates - X: 2,959,250 Y: 880800
3. INVESTIGATION TYPE: CAMA/D&F F=IV
V., SHINGUTON OFFICE
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/16/93 5-Fr' 2 1333
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - September 14, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Southern Shores
Land Classification From LUP - Developed
(B) AEC(s) Involved: ES, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic System
Planned - None
(F) Type of Structures: Existing - House, pool, bulkhead, wooden jetties
Planned - Wooden bulkhead, riprap breakwater
(G) Estimated Annual Rate of Erosion: 20 ft.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED ILL D
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 8025 sq.ft. 3225 sq.ft.
Shallow Water Bottom
(C) Other 3000 sq. ft.
Upland
(D) Total Area Disturbed: 14,250 sq. ft. (0.33 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to construct 111 ft. of wooden bulkhead, 145 ft. x 5 ft.
riprap breakwater and re-excavate an access channel into an existing pond.
David S. Watson
Bio Report
Page Two
Site Description
State permit #29-90 was issued to David S. Watson on March 23, 1990 for the
excavation of an access channel connecting a man-made pond to Currituck Sound. The
channel entrance was to a stabilized with 2 jetties and bulkheading along the shoreline. The
channel excavation into the pond and the jetties were completed in March of 1991. The
bulkheading was not completed and no shoreline stabilization was done on the south side of
the jetties. By August of 1991 the shoreline south of the channel had begun to erode away
and push back into the pond. By January of 1992 most of the access channel had filled in
and the shoreline had eroded 60 ft. away from the south jetty. Recent storms have filled the
channel between the jetties as well as that end of the pond, and have eroded the shoreline
near the applicant's house as well as the sound shore south of the jetties.
The applicant is now proposing to re-establish the access channel between the jetties
and into the pond and stabilize the eroding shorelines with a bulkhead and a riprap
breakwater. On the north side of the pond the yard has eroded back into the wax myrtle
shrub thicket and behind the existing bulkhead. The sound shoreline has eroded back 145 ft.
from the south jetty. Sand and soil from the yard and from the point south of the jetties have
filled the access channel so that water depths are now 1 ft. or less between the jetties and at
that end of the pond. There is one small area of black needlerush (Juncus roemarionus) near
the south jetty and larger area of giant cordgrass (Spartin cyanosuroides) and black
needlerush along the remaining sound shoreline. Currituck Sound is classified as SC waters.
The applicant proposes to construct a wooden bulkhead as originally proposed from the
existing bulkhead near the house to the northern jetty. This would put the bulkhead a
maximum distance of 35 ft. beyond current normal water line (NWL) to recover the yard lost
in the last year. A 145 ft. by 5 ft. wide riprap breakwater is proposed to close off the
western side of the pond. The riprap will extend from the landward end of the south jetty
south to the current shoreline. The applicant has also proposed to plant coastal marsh in the
shallow water around the jetty. After completion of the bulkhead, the access channel into the
pond will be excavated to a width of 30 ft and depth of 4 ft. An area approximately 75 ft. x
75 ft. will be excavated behind the jetties in the pond. The excavation is to be done with a
dragline and backhoe with the spoil material placed behind the bulkhead in the yard area. A
silt barrier will be placed across the western end of the jetties during excavation to prevent
suspended material from entering Currituck Sound.
Anticipated Impacts
The bulkhead and backfill will fill approximately 2500 sq. ft. of what is now shallow
water habitat but was part of the yard a year ago. The riprap breakwater will fill another
750 sq. ft. of shallow water habitat. Approximately 8025 sq. ft. of shallow water bottom
will be excavated. The project will open the pond back to the sound and should allow
David S. Watson
Bio Report
Page Three
improved tidal flushing over the current situation. The proposed marsh planting may create
up to 5000 sq. ft. of coastal wetlands along the breakwater.
CAMA Review
The project area is classified as developed and conservation in the Southern Shores
LUP. A full LUP review will follow from Steve Gabriel.
Submitted by: Peter B. Colwell
Date: September 24, 1993
T11( 1111! t?
^f
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
. ?c
2• •
{ - . --n-hg-2 ?-???- -- -- M. Watersupplysource-DA.RE--_U.U.UNTY--___
n. If the project is oceanfront development, describe
the steps that will he taken to maintain established
public beach aceessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? -- -- - -N? A --- ----- -
a. 'T'ype and numberof buildings, facilities, or
structures pmposed----N /-A_-_-- _-_ ---------..... ...---____--
b. Number of lots or parcels .--- 1_ -- _- -- -- --
c. Density (Give the num her of residential units and the
units per acre.)-------------- -? -- -- - -
d. Si7.e of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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?---__
X/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?--N f A
I. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. flave these facilities received state or local approval?
k. Describe existing treatment facilities.
F A M 11, Y SEPTIC 1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").----N-QRF.------ - ------ -- - - --
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
M1iW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards f 1400 cp yrd 9---
c. Type of material __S A N 1) --- - -----------
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
--1114 - -
e. Iligh ground excava top in cubic yards
2 3/U 1
lvrl)
5 UPLAND DEVELOPMENT
p11C? 5 '93
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed N,/ e
b. Number of lots or parcels 1
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
N/A
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation 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? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
N/A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N J A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
N/A
k. Describe existing treatment facilities.
FAMILY SEPTIC
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). NONE
in. Watei:supplysource DARE COUNTY
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
_
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
751 751 41
1401 5 1 -41
b. Amount of material to be excavated from below
water level in cubic yards t . 1400 cu y r d s
c. Type of material SAND
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
2 3/'91
f. Dimensions of spoil disposal arra
g. Location of spoil SEA
sp A?a? area
BEHIND h. Do you claim title to the disposal area? YES
If not, attach a letter granting permission from the
owner.
L Will a disposal area be available for future
maintenance? yFc
Ifso,where? SAME AS AFmVE
j. Does the disposal area include any marshland,
swamps, or water areas?
WATERS OF PRIVATE MANAMDE POND
1.
in
n.
o.
c. Shoreline erosion during preceding 12 months, in
feet 2n, TO 4n,
d. Type of bulkhead material SALT TREATED
e. Amount of fill, in cubic arCs? t Y R s1Saced below
mean high water _
L Type of fill material RIP RAP FOR BREAKWATER
ON SO. WEST SIDE OF CHANNEL
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
Will the fill material be placed below mean hi h A copy of the deed (with state application only) or other
water? ABOVE-MEAN HIGH WATER s1Y &,t,Ikim instrument under which the applicant claims title to the
Amount or im in cubic yards 0-1 500 CU YRDS affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
Type of fill material SAND deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
Source of fill material EXCAVATION OF ACCESS
CHANNEL
Will fill material be placed on marsh or other
wetlands? NO
p. Dimensions of the wetland to be filled
the project.
q. How will excavated or fill material be kept on site
and erosion controlled?
PLACED ON HIGH GROUND , „??
S; I I &0( CG
r. What type of construction equipment will be used
a. Length of bulkhead or riprap 14 51 An accurate work plat (including plan view and cross
(for example, dragline, backhoe, or hydraulic
dredge)? RAC KHnE DRAGT INE
s. Will wetlands be crossed in transporting equipment
to project site? NO If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity. . T) rlwll b. Average distance waterward of mean high water or
normal water level 11 ABOVE MEAN 1410,14 WATER
3/91
, "4 ? N11p, ,, ?
r?1 r
Name,, N F12_R_j.F El_N________
Address .27AP SANU_HILL ROAD MENLO PARK CA 94025
Name ROSS FiCHERA
Address _L[1IL1?II;RB LC?Rl2Al1_ _ _ -_- _
ROCKVILLE CENTER, NY 11571
Name --- - - -------------- --- - --- - - -
Address
A list of previous state or federal permits Issued for
work oil the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Ilealth, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
4
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the state of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such pmgram.
T further certify that i am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the ay of -- -__-, 19._ _-
X i /-
Landowner or Authorize] agent
r I1Ft??h;1-[1
pit" r ?
3/91
Soo,
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PROP. RED
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1
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)k V
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PROP. Ito 1 14
CHANNEL WMER
lci?
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k ?r
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6 s?r'i y I?' 44w. -nc t[oo O? 1 FEQS
G U'. W 644.4aR V OILS. -
PUN&
A• Ir1AILiR
? ?i ? a C4 •1'i? P
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i
4????? ? f.+sThbr?
1. 6"x6" PIL1140 j
2. 4"x6" TOP HAILER I
3. 4"x6" BOTTOM MAILER
4. DOUBLE LAYER 1"x8"
S. 5/8" 0 x 10' OALV. TIE ROD O(?
6. 61'x6" ANCHOR PILE
7. I?as?-?e?S
8-. FILTER CLOTH
r
J
i
{
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.? II
THE BREAKWATER WILL BE APPROXIMATELY 4' OUT OF Tf
WATER DEPENDING ON THE WATER AT NORMAL LEVEL.
WATER LINE
FILTER CLOTH
('R11J1,C 1 `,
VIt'111111
Z A,
So
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73"'x 75't
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fro, 5/?oil Are pool \1V TA f
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- I I 11- 30
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WWAM)
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that DAVID S. WATSON
of Dare County, filed an application on September 14, 1993, 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 DAVID S. WATSON proposes to construct 111 ft. of
wooden bulkhead, 145 ft. x 5 ft. riprap breakwater and re-excavate an access channel into an
existing pond. The project site is located at 108 Mill Point Road, Kitty Hawk, Dare County,
Currituck Sound, Lot 1 Block 1 Section 5, Martins Point Subdivision.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of Peter B. Colwell, Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, N.C., 919/264-3901, and/or the office of Deborah Sawyer,
Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C.,
919/946-6481.
The Division of Environmental Management proposes to take final action on this
water quality certification on or before October 25, 1993. 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 do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
October 20, 1993 for consideration in the LAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
October 15, 1993 for consideration in the water quality certification decision. Later
comments on the CAMA application will be accepted and considered up to the time of permit
decision. Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
request.
i-`
PUBLISHED ON: Thursday, September 30, 1993
'9
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
MAJOR MODIFICATION
1. APPLICANT'S NAME: David S. Watson
2. LOCATION OF PROJECT SITE: 108 Mill Point Road, Kitty Hawk, NC Lot 1 Block 1 Section 5,
Martins Point Subdivision, Dare County, Currituck Sound
Photo Index - 1989: 46-6, W-10 1984: 136-487, C-5 -----
State Plane Coordinates - X: 2,959,250 Y: 880800 D [? 1,
3. INVESTIGATION TYPE: CAMA/D&F OGT 6 b`,,
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/16/93
WETLANDS GRW
Was Applicant Present - No WATER UALP S!:5. PROCESSING PROCEDURE: Application Received - September 14, 1993
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Southern Shores
Land Classification From LUP - Developed
(B) AEC(s) Involved: ES, PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic System
Planned - None
(F) Type of Structures: Existing - House, pool, bulkhead, wooden jetties
Planned - Wooden bulkhead, riprap breakwater
(G) Estimated Annual Rate of Erosion: 20 ft.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 8025 sq. ft. 3225 sq. ft.
Shallow Water Bottom
(C) Other 3000 sq. ft.
Upland
(D) Total Area Disturbed: 14,250 sq. ft. (0.33 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC: Open: No
8. PROJECT SUMMARY: Applicant proposes to construct 111 ft. of wooden bulkhead, 145 ft. x 5 ft.
riprap breakwater and re-excavate an access channel into an existing pond.
David S. Watson
Bio Report
Page Two
Site Descriotion
State permit #29-90 was issued to David S. Watson on March 23, 1990 for the
excavation of an access channel connecting a man-made pond to Currituck Sound. The
channel entrance was to e stabilized with 2 jetties and bulkheading along the shoreline. The
channel excavation into the pond and the jetties were completed in March of 1991. The
bulkheading was not completed and no shoreline stabilization was done on the south side of
the jetties. By August of 1991 the shoreline south of the channel had begun to erode away
and push back into the pond. By January of 1992 most of the access channel had filled in
and the shoreline had eroded 60 ft. away from the south jetty. Recent storms have filled the
channel between the jetties as well as that end of the pond, and have eroded the shoreline
near the applicant's house as well as the sound shore south of the jetties.
The applicant is now proposing to re-establish the access channel between the jetties
and into the pond and stabilize the eroding shorelines with a bulkhead and a riprap
breakwater. On the north side of the pond the yard has eroded back into the wax myrtle
shrub thicket and behind the existing bulkhead. The sound shoreline has eroded back 145 ft.
from the south jetty. Sand and soil from the yard and from the point south of the jetties have
filled the access channel so that water depths are now 1 ft. or less between the jetties and at
that end of the pond. There is one small area of black needlerush Juncus roemarionus) near
the south jetty and larger area of giant cordgrass S artina cyanosuroides) and black
needlerush along the remaining sound shoreline. Currituck Sound is classified as SC waters.
The applicant proposes to construct a wooden bulkhead as originally proposed from the
existing bulkhead near the house to the northern jetty. This would put the bulkhead a
maximum distance of 35 ft. beyond current normal water line (NWL) to recover the yard lost
in the last year. A 145 ft. by 5 ft. wide riprap breakwater is proposed to close off the
western side of the pond. The riprap will extend from the landward end of the south jetty
south to the current shoreline. The applicant has also proposed to plant coastal marsh in the
shallow water around the jetty. After completion of the bulkhead, the access channel into the
pond will be excavated to a width of 30 ft and depth of 4 ft. An area approximately 75 ft. x
75 ft. will be excavated behind the jetties in the pond. The excavation is to be done with a
dragline and backhoe with the spoil material placed behind the bulkhead in the yard area. A
silt barrier will be placed across the western end of the jetties during excavation to prevent
suspended material from entering Currituck Sound.
Anticipated Impacts
The bulkhead and backfill will fill approximately 2500 sq. ft. of what is now shallow
water habitat but was part of the yard a year ago. The riprap breakwater will fill another
750 sq. ft. of shallow water habitat. Approximately 8025 sq. ft. of shallow water bottom
will be excavated. The project will open the pond back to the sound and should allow
David S. Watson
Bio Report
Page Three
improved tidal flushing over the current situation. The proposed marsh planting may create
up to 5000 sq. ft. of coastal wetlands along the breakwater.
CAMA Review
The project area is classified as developed and conservation in the Southern Shores
LUP. A full LUP review will follow frorn Steve Gabriel,
Submitted by: Peter B. Colwell
Date: September 24, 1993
Please tvp2 or print Car: fsll describe a-1.1 aiticipa.ed
develop m, ent activities. including construction. e :cap a
tion, filling, pa`.'inr:, land cl°_aiing, ani stomiw ter con-
trol. If ttie requested information is not rcievant to :our
project. write N/A (not applicable',. Items 1.4 and 8-9
must be completed for all projects.
1 APPLICANT - -
a. 'Nan i- ^.
c - - .?
•; r i .; i;
Cit,i, r r, $tat'
Zip- - - Day phone
x -- L:- ido-,'n;'ror` - ?'.llil;^r]Z ?Ztnt
b. Prcj ct rarnc. %if any)
If th- 3pphca::( iS not the lank also gi,, e Lhc.
o% ner's, nxi ,(: and address,
r
If you plan to build a marina, also coimplete a `=
attach Form DCM-:SIP-2.
b. Is the proposed activity maintenance of an
existing project, new xork, or both.? ?r
c. Will the project be for community, prig ate, Q.
commercial usc?
d. Desc ;b, the planned us: ^f the project.
4 LAND AND WATER
CHARACTERISTICS
a• Size of entire tract = i , ?__; •?;?? _' , ___---_.
- b. Size of individual lots)
c. Elevation of tract above r near', sea lev.-I or
- i
`'
i D
N
ti
al G
d
-- C
cr:ica
attlnl
a
on
eo
ct
2 LOCATION OF PROPOSED _.-
PROJECT
d. Soil type s) and le\\%re(s' of tract
d,,. t) n,..:' ,? - -_-?
_t ? . .
-
', -
r. Cit : to rn,
r;munit, or 1-Indrnar]c
_ f,
..+ u L L. _ ? a ?.
M- -n, a:je 'ea-,tires n, _,•• ,,., a . S
- s \ h3-, is th7 CANNA Land t se Plan. Classification of
d. Is prop<):ed v.
ork
`•; ithin c;. ' I'[, or
l
rli
in the sites (Consult the iC?cal laud use plat.)
,
,
.
,i
?
p
ju;
r, •-- IJ G'i clc'plJ -' Comm llIiICv
R 111 'id 0theI
-- -- h. Ha.• i the tra t z n_ci b. ,al go?'_n??,ient`
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT li: • a; i?l;:?={??' at_ ::>>sifled>
- H:.: I. ,t, i-);l.li ir'?:?a 1. '1 'a} 'ali•.`;? ti
c dII
7 a ,or,, mot
Q- :1,1-1'i 1,'J OIII ("li0 era: bi
tll ( t 11!`. t)
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposcd--- N /-A-----__ __--
h. Number of lots or parcels -- -- --_1- - _ ---- ---
c. Density (Give the number of residential units and the
units er acre.
d. Size of area to he graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
contml plmi been suhmitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to he covered by irnpenneahle
surfaces, Such as pavement, buildings, rooftops.
g. List dre materials, Such as marl, pa?er stone, asphalt,
or concrete, to be used for paved surfaces.
_
h. If applicable, has a stor-mwater management plan
been submitted to the Division of Environmental
l\1anagement?---NLA.--------- - -- - -- - - - -----
i. Describe proposed sewage disposal and/or wiste
watertreatment facilities.
J. Have these facilities received stale or local approval"?
k. Describe existing treatment facilities.
I. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastmviter, industrial/commercial effluent, "wash
down"). - -N 9 N E
m. Water supply source_UARE__CU.i1N-'TY__--__--.
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
puhlic beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, «hat %%ill he the
elevation above mean sea level of the first habitahlc
floor? - --N A---- - - - --- --- -.
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
coVered in Section 7).
Length Width Depth
Access channel
(N1LW) or (NWf.)
Boat hasin
Other (break-
wate r, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MIIW
Upland fill
areas
h. Amount of material to he excavated fmm below
water level in cuhic yards -+- 1400 cu_yrds
c. 'i)'pe of material
d. Does the area to he excavated include marshland,
swamps, or other «etlvids?
N/A -
e. High ground excavation in cuhic yards
1l/h
ztrt
f. Dimensions of spoil disposal area
9. HIND SLL
h. Do you claim title to the disposal area? YES
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? YE 3
If so, where? SA F AS ABOVE
j. Does the disposal area include any marshland,
swamps, or water areas?
WATERS OF PRIVATE MANAMDE POND
k
m
c. Shoreline erosion during preceding 12 months, in
feet ---------
d. Type of bulkhead material SAL`r `I'REATED
e. Amount of fill, in cubic 0yards ?to bciyl ced below
mean high water
f. Type of fill material RIP RAP FOR BREAKWATER
ON SO. WEST SIDE OF CHANNEL
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow
ing items must be submitted:
Will the fill material be laced below mean hi 11 A copy of the deed (with state application only) or other
? ABOVE MEAN HIGH WATER (1-1f` instrument under which the applicant claims title to the
water. - affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
Amount or tilt in curuic yards 0 1 500 CU YRDS_
SAN D deed or other instrument under which the owner claims
Type of fill material title, plus written permission from the owner to carry out
n. Source of fill material CHANNELION OF ACCESS
p. Will fill material be placed on marsh or other
wetlands?- NO
p. Dimensions of the wetland to be filled
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
q. llow will excavated or fill material be kept on site
and erosion controlled?
PLACED ON HIGH GROUND
r
s
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
r t T TT la --
dredge)? RAGKHnF-_-DBp Will wetlands be crossed in transporting equipment
to project situ NO If yes, explain steps that will
be taken to lessen environmental impacts.
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A storrilwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landow ners. 'Filese
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity. t,.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high ?~ater or
nomlal water level _1_' _A?(1V_i?: _MEAN__111111?-1rlA'i' P'.R
I
3t)1
Name „NE-U. RUE1-IL-__----------------
-
Address 2740 SAND HILL ROAD
MENLO PARK CA 94025
Name ROSS FIC11 ERA------- -
Address 1?-ILM?.13LC_I?FtO.ltll----- ---
ROCKVI.LI,E C ENTER, NY 11571
Nance _ _-
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
perrnittee, and issuing dates.
A check for $250 made payable to the Department of
F,rivironment , health, and Natural Resources to corer
the, costs of processing the application.
A signed. AF.C hazard notice for pro_jccts in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting cOrnpliancc with the North Carolina
Environmental Policy Act (N.C.G.S. 1 13A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any Permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
i certify that to the best of my knowledge, tile PrOlln-cd
activity complies with the Stale of North Carolina's ap-
proved Coastal Management Program and will he con-
ducted in a manner consistent with such program.
1 further certify that i am authorized In grant, and sin in
fact, grant permission to representatives of State and
federal review agencies to enter on the aforementioned
lands in connectinn % ith evaluating information related
to this permit application and follow-up monitoring of
project.
This is the __-- clay of ------T-- -- - - 1 U _ -
Landowner or Authorized agent
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DEPARTMENT OF THE ARMY
,?jTQ
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
-dctober 7, 1993
IN REPLY REFER TO
Regulatory Branch",!
Action ID No. 199304786',
Mr . WAIF'Vid S. Watson
108 Mill Point Road
Kitty Hawk, North Carolina 27949
Dear Mr. Watson:
On February 11, 1991, we renewed general permit No. CESAW-0080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received September 27, 1993, for Department
of the Army authorization to construct and backfill a bulkhead, place riprap
material as a breakwater structure and excavate an access channel on Currituck
Sound, Martins Point Subdivision, Kitty Hawk, Dare County, North Carolina,
indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will
be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State-Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. 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 Action ID No. 199304786
and will be coordinated by Mr. Raleigh Bland in our Washington Field Office.
He is available at telephone (919) 975-3694.
Sincerely,
G. Wayne-Wright ,
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
M John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304786
December 6, 1993
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Mr. David S. Watson for a Department of the
Army permit to construct and backfill a bulkhead, place riprap material as a
breakwater structure and excavate an access channel on Currituck Sound,
Martins Point Subdivision, Kitty Hawk, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. The bulkhead and riprap material will be placed on aligments to
strickly coincide with permit plans. To prevent an unintentional violation of
this authorization, representatives of the North Carolina Division of Coastal
Management and the U.S. Army Corps of Engineers will be available to stake the
bulkhead and riprap alignments prior to construction.
C. All backfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
d. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
-2-
e. All excavated materials will be confined landward of the normal water
elevation contour and vegetated wetlands.
f. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
g. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
h. No vegetated wetlands will be excavated or filled.
i. Excavation will not exceed four (4) feet below the elevation of
normal water.
j. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
k. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
1. 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 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone (919) 975-5811.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
-3-
Copies Furnished:
\46 1. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 22, 1993
Regulatory Branch
WETLANDS (,k
Action ID Nos. 199000107 and 199304786 and State Permit No. 29-90
Mr. David S. Watson
108 Mill Point Road
Kitty Hawk, North Carolina 27949
Dear Mr. Watson:
Reference your application for a Department of the Army (DA) permit to
construct and backfill a bulkhead, place riprap material as a breakwater
structure and excavate an access channel on Currituck Sound, Martins Point
Subdivision, Kitty Hawk, Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
your renewed/modified State authorization and the enclosed plan. Failure to
comply with the State authorization or conditions of the general permit could
result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone (919) 975-5811.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished with enclosure:
NOAA, NOS, Coast and Geodetic Survey
Mapping and Charting Branch
Source Data Unit, N/CG 2211
Station 7350
1315 East-West Highway
Silver Springs, Maryland 20910-3233
Mr'"-'John Dorney
Wision of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division
of Coastal Management
1367 U.S. Highway 17 South
Elizabeth City, North Carolina 27909
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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