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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 /IVo )IC -... x 'lob k ? K tar C.r N . ? .1?? C?` }qtr X •?X ? t r ilr 1?1 D Ave. )> ? ?° A ? De1lAL?• ??YeR ?"•p`• 6r?GGtR?D 6 s?f'ts • I0' 64LV. -nL «to0 ills t' * ®F?I.TSR 4_"vffDj- 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 1"x8" GALV. TIN ROD PILE 7 . Of-) WS - 84 FILTER CLOTH a ---? .I O&,ev r-IL INGt 1(1)4•44' wokiLa2 (5 ^MP C8) i THE BREAKWATER WILL BE APPROXIMATELY 41 OUT OF TI WATER DEPENDING ON THE WATER AT NORMAL LEVEL. WATER LINE FILTER CLOTH I i i f I I'RU.iE(: t ' ?- tr, t?It t Y rAFS.11,1t, sell; •' r All I / Poo/ Cktdt/?'????vl 75"'x 7S'jt -Li' IJo n o? ? e? ?? l CEO :5-) Or.W q I ._ -- ?1' Wt1?hE11 .ltt KNE?t.... -•-. \ / k Ex??fi Sped AreQ ??. ?1 . Pool. low, FxlsnHt: toUllMttols ? 24. or 1 ` d ?? ti rt f .J ?' I dy Qt?e 6611,411 jOGM ?i rv /? I I r ? _. fit)' 11)G. SEiFI Wt)phF h j ? ? I .? / _ ? / '?. ? ;- ,- 11 7, ?? .; ?: ?xa ;y???, ?: ? :,; _,? ? i" / ..,. .7 . ? ?--- i :?'- Z 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, ") aw N D Oaks S- I 4 - l . 1 1 NIIII I.W • PROP. RED CHMINQ. MARKER I ? 1 I I dI?11 T?'?.p ?y k oaler r A Ave, S' 5• S \LA l PROP. ICED CHMNEI W1RKER )k V } ,A UC ND PROP. Ito 1 14 CHANNEL WMER lci? X Y k Iq X ! k ?r N v i'It' / Oe _Kjf j' NA Ave, it .4 vew?s. ?.+?YCtt I?e`• sTA6GtR?D 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 Q F?L.TSR ¢IvT11 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 { .J .? 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 C Nf r f ` Ck r a t/d'? ???1 ,? 73"'x 75't V / Po n o/ tllKIIF t Or*v1gC Eil k i - ?? WOO) fro, 5/?oil Are pool \1V TA f I I ,r (1 Fxlstllln IoldlhAlloll b ( I Itl• A14 !/ 7 ,i I col P14 f ?r?wvr 13y pr4e Ce? II ,OcM ?i tv c - I I 11- 30 ? t•K 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 ;I tr,??tl I I r1F? r lvt-f? '?IIC ?NI :30 1It III-INIIIL- r?? P500M 41?YtR 1"?8`•?AGGRR?? $/d"? • 10' aAW. *nL R? 11 7t I I Iii t t11 y i 4' f' IL I N GI r,))4',4' w,klLr,rz cab -ro p Q F ?wT ati q 4vTt1 41- G834H-QI 1. 6"x6" PILING 2. 4"x6" TOP NA 3. 4"x6" BOTTOM 4. DOUBLE LAYER S. 5/8" 0 x 10' 6. 61lx6" ANCHOR ILER MAILER n 1x8n ? h S OALV. TIE ROD O(? PILE 7. 06, 63cm Ws 0. 8 FILTER CLOTH n ,1 I i THE BREAKWATER WILL BE APPROXIMATELY 4' OUT OF TI WATER DEPENDING ON THE WATER AT NORMAL LEVEL. !1 WATER LINE FILTER CLOTH 1 j I PROP, RED Ct"NEI DARKER 1'Rl \ IC z (- fill c? r. i _,?J V.• J 1),, N IJNNCLIJC f 4/1 ll, 4 1' ?? ??,.. ? . ? , _ .? / -r? poi '1 1..1 I I I/?rOSRrJ "0 ri 7.S'x 7S'x v' V \If r Orr ?9 e -- 1' Wt,tthFlt UI KIIF/?t ? - / k , Spoil nrta ! Pool i IRMO' Il )I '? Fxlstolrs Ioulll'Afloll ( I Ito, ? I 1 ?r? P/? i Vr?w.n 1?, IY ! J...i I / y Pi?¢ Calwall,D?M 30 ail' SF Ip(\t.K / 1i-in. WON 4 ? ? i .I / / / ?' / ? /? l l i ? r? 'i ,? ?' z. 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. 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