19940862 Ver 1_COMPLETE FILE_19940920

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Steve and Ms. Debra Justice
Star Route
Box 253
Currttuck, N.C. 27929
Dear Mr. and Ms. Justice:
A14
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mom&
E:3 FE F1
October 24, 1994
Currituck County
DEM Project # 94862
COE # 199404615
F L E
You have our approval to place fill material in 895 square feet of waters for the purpose of
bulkhead construction at Bell Island subdivision, Gadwell Drive, as you described in your application
dated 8 September 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2665. This certification allows you to use Nationwide
Permit Number 13 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
OP ston H , Jr. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
John Parker; DCM
94862.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Department of Environment,
Health and Natural Resources •
Division of Coastal Management AX4
James B. Hunt, Governor
? E H N
Jonathan B. Howes, , Secretary
Roger N. Schecter, Director
September 7, 1994i'f ! =p ^ ;;
9 1994
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Steve C. & Debra K. Justice
Project Location: Gadwell Drive, Bell Island, Currituck Sound, Currituck County
Proposed Project: To construct 100 feet of bulkhead at an average distance of 8.0 feet
waterward of the existing NWL with a maximum distance of 20 feet.
Included will be the grading of 1535 square feet of estuarine
shoreline.and the constructing of a 50 foot by 4 foot catwalk pier
with a 4 foot by 20 foot stepdown.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 28, 1994. If you have any questions regarding the
proposed project, please contact Dennis Hawthorn at [phone]. When appropriate,
in-depth comments with supporting data is requested.
REPLY L _Xhis 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.
J[Mll gency objects to the project for reasons described in the
attached comments.
Signed Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunffy Affirmative Action Employer 50% recycled/ 10% post-consumer paper

RECEIVED
To: John Dorney
Planning Branch
OCT 2 0 1994
ENVIRONMENT& SCIENCES
• DIVISION OF ENVIRONMENTAL MANAGE OW _
CANA/COE PERMIT APPLICATION REVIEW
WARO PROJECT # WQ SUPERVISOR: THO
REVIEWER: SAWYER DATE: /0// 7?
WETLAND INFORMATION FOR CENTRA L OFFICE TRACKING
PERMIT YR: 92 P NOo-? COUNTY:
PROJECT NAME:
PROJECT TYPE: PERMIT TYPE: CAMA/COB
COE #: DOT #.
RCD FROM CDA: j?
REG OFFICE: WARO DATE FROM CDA: g
RIVER AND AS
S
STREAM OR ADJACENT WATER BODY:
CLASS: S -,-- STREAM INDEX #: ::36-
OPEN OR ---
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR BST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: G SHEET ATTACHED?
RECOMMENDATION- IS SUE SSUE/COND DENY HOLD
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED:
PROJECT DESCRIPTION:
C'
WATER _ QUALM CERT. (4,01)
CERT. REQ'D:
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL P D?OQSED:
(EY41T Wi PROPOSED EPTIC TANK TC.)
TO BE PERMITTED BY:
(DEM, DHS,
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL -I_
AREA OF FILL: WATER: 5 WETLAND: - d -
IS FILL ELIMINATING A SIGNIFIC USE?,001)
DREDGING
AREA TO BE DREDGED: -v IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
DIVISION OF ENVIR NMEN AL MANAGEMENT 16M
MEMORANDUM
• TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater Review
Project:
v c
Project No.:
Date Received:
.tom Date Comment: AF 9
Description of Project
Comments:

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 30, 1994
Regulatory Branch
Action ID No. 199404615
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 _ ?
-41994
Enclosed is the application of Mr. Steve C. Justice and Ms. Debra K.
Justice for Department of the Army authorization and a State Water Quality
Certification to construct a dock and construct and backfill a bulkhead on a
manmade canal off Currituck Sound, Bells Island Subdivision, Currituck County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering 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 November 30, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Mickey Sugg, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wrig
hie Regula ry 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
r
DIVISION OF COASTAL MANAGEMENT SEP 51994
VIW) INVESTIGATION REPORT
1. APPLICANT'S NAME: Steve C. & Debra K. Justice
2. LOCATION OF PROJECT SITE: Gadwell Drive, Bell Island, Currituck Sound, Currituck County
Photo Index - 1989: N/A 1984: 127-688; R-18
State Plane Coordinates - X: 2892250 Y: 987100
3. INVESTIGATION TYPE: LAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/27/94 08/29/94
Was Applicant Present - Yes Yes
5. PROCESSING PROCEDURE: Application Received - 08/30/94
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Rural with services
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic tank/drainfield
Planned - None
(F) Type of Structures: Existing - Residential structure
Planned - Bulkhead, Pier
(G) Estimated Annual Rate of Erosion: 0.5 ft.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat 895 square feet
(C) Other Graded
Upland 1,535 square feet
(D) Total Area Disturbed: 2430 square feet (0.06 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicants propose to construct 100 ft. of bulkhead at an average
distance of 8.0 ft. waterward of the existing NWL with a maximum distance of 20 ft. Included will
be the grading of 1535 sq. ft. of estuarine shoreline and the constructing of a 50 ft. by 4 ft. catwalk
pier with a 4 ft. by 20 ft. stepdown.

Steve C. and Debra K. Justice
Bio Report
Page Two
Site Description
The applicants propose to construct a dock and bulkhead and landscape an adjacent upland
area along an unstabilized Estuarine Shoreline of a man-made canal. This canal connects to
the waters of the Currituck Sound. The applicants' property is located in a subdivision on
Bell Island in Currituck County. Bell Island is a small island (approximately 500 acres)
connected by a mile long causeway over estuarine waters and coastal marsh to the Currituck
mainland. Approximately 12 man-made canals and 100 residential structures exist on the
island. Approximately 80 % of the buildable lots on Bell Island have been developed.
The applicants' proposed development site is a single-family residential lot with a
conventional crawl-space structure. The site is vegetated with upland lawn grasses and
ornamental shrubs/trees. The bank is vegetated with wild black cherry (Prunus serotia),
wax myrtle (Uyrica cerifera), green ash (Fraxinus pennsylvanica), red maple (Acer rubrem),
and golden rod (Solidago patula) as well as lawn grasses.
The existing canal bank is adjacent to Estuarine waters and is approximately 11 feet above
the NWL. At this location, the canal is 45 ft. wide and has an average depth of 5 ft. A
small dock platform 4 ft. in width and 6 ft. in length presently exists at the project site.
The canal bank along the applicant's property has extensively eroded in one location such
that the NWL is 20 ft. waterward of the average alignment of the existing canal (See
Diagram 1). -
The waters of this canal connect to Currituck Sound and are part of DCM's Estuarine System
Area of Environmental Concern. These waters are classified as SC by the NC Division of
Environmental Management.
Project Scope
The applicants propose to construct 100 ft. of bulkhead and a 280 sf. dock along their
shoreline. Due to the extreme slope of the existing canal bank to the upland area, the
applicants wish to grade approximately 1535 square feet of upland area to use as backfill and
improve accessibility to the canal.
To provide a straight bulkhead alignment along this man-made canal, the applicants have
requested approval for the bulkhead to be located a maximum of 20 feet and an overall
average of 8 ft. waterward of the NWL. Approximately 60 linear feet of the proposed
alignment would be between 4 and 5 ft. waterward of the NWL.
The proposed dock would be located in the center of the applicants' lot and would be 25 ft.
from either adjacent riparian property line.
Steve C. and Debra K. fustice
Bio Report
Page Three
Anticipated Impacts
The proposed development would disturb 2430 sf. (0.06 Acre) of Estuarine Waters and
Shoreline. This project would result in the loss of 895 sf. of Public Trust Waters. This
project would not result in any direct losses of coastal or other wetland species. In the short
term, an increase in turbidity may be experienced during construction. The construction of a
bulkhead would result in a decrease in long term erosion and turbidity.
CAMA Review
LUP consistency report will be forwarded at a later date.
Submitted by: D.W. Hawthorn
Date: September 6, 1994
Please type or print. Carefully describe all anticipated
development activities, including tbrist fiction, excava-
tion, filling, paving, land clearing, llf d gtotffiwatet con-
trol. If the requested information i§ riot `relevant to your
project, write N/A (not applicable). l(teiM 14 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name al f n e,0A a ,P PQbmZ., CT, C Ie
Address
City Z_Iu fiCCI Ti- C k State IV C- __
Zip-;k ?Z Day phone ;2 9-? • ;2A9-2
Landowner or Authorized agent
b. Project name (if any)
&A
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OP PROPOSED
PROJECT
a. Stree address or secondary road number
b. qv, town, community, orI al
d/ cc. 6 L?i? /d /tJ?
c. County c,1?-
d. Is proposed work within city limits or planning
jurisdiction? CUX9i-Atc9 Ga
e. Name of body o water nearest project
CU(Zei K Soet
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
X595-10 JA I 1' "SuXt C A-1--1-
If you plan to build a marina, also complete and
attach Form DCM-MP-2. ?t JF
b. Is the proposed activity maintenance of an
existing project, new work, or both?
.y(Sw wd,2K MA1 2
c. Will the project be for community, private, or
,.?
commercial use?
PKi L) W
d. Describe the planned use f th ct.
ro
s
a r ' O-3
se-
,
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Z10 -1- OaAe-;rs
b. Size of individual lot(s) %MrX /?;Z
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
?V SAS
e. Vegetation on tract l_-At,3 t KA-4S
f. Man-made features now on tract M
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural `?SciGlxs?S Other
h. How,its th ttrap by local government?
i. How are adjacent waters classified?
S.C.
a. Describe all development activities you propose (for j, Hasa professional archaeological survey been
example, building a home, ote , marina, bdlkllea carried out for the tract? .)Q If so, by whom?
or pier). _
r •rJ
'n! e7
Sw<
3/91
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
4- .

PA f - ;1

Cri,b? / A,);Z Ru .J d
a. Type and number of buildings, facilities, or m. Water supply source C&OA/ A a Ph)di!K-
structuresproposed AJIA
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
b. Number of lots or parcels public beach accessways or provide new access.
c. Density (Give the number of residential units an'e e,2/A
units per acre.) CYJg-
c?..? ` P? do lei Ac?C? ??" R•
d. Size of area to be graded or disturi ed
3o'X /001 AJ"a C&)dI
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? 4M.
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.

o. if uie projeci is on ilie oceanfront, what will be the
elevation above mean sea level of the first habitable
floors d, )14.
6 EXCAVATIO''-! A: U FILI,?
INFORMATKI4
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
tiM
Access channel
(1vILW) or (NWL)
Boat basin
h. If applicable, has a stormwater tnanagement plan Other (break-
been submitted to the Division of Environmental wateJ re ,
Management?_ d)/A boat nM
i. Deser'be proposed sewage disposal and/or waste rock jetty)
water treatment facilities. Fill placed in
A wetland or below
MHW
j. Have these facilities received state or local approval? Upland fill
ti/A areas
k. Describe existing treatment facilities.
- UW
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewatew' dustrial/commercial effluent, "wash
down"). Mm 6? I A tF eaael
b. Amount of material to be excavated from below
water level in cubic yards n1IA
c. Type of material WA
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. Hi h ground excavation, in cubiF yard
2 3/'91
Length Width Depth
f. Dimensions of spoil dis sal area
n >?
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
A/A
L
k. Will the fill material be placed below mean high
water? 1/c-S
1. Amount of fill in cubic yards 28
m. Type of fill material Lca? z 54i)U /
n. Source of fill material CiQRot og a P? t'? rztt?
o. Will fill material be placed on marsh or other
wetlands? NO
p. Dimensions of the wetland to be filled
q. Flow will excavated or fill material be kept on site
and erosion con' ll d?
r r
IVA
U 1
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? brsKkoc
s. Will wetlands be crossed in transporting equipment
to project site? AL If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap /OO
b. Average distance waterward of mean high water or
normal water level -S'
c. Shoreline erosion during preceding 12 months, in
feet 4'1 /
d. Type of bulkhead material J Ge? ?c7/
e. Amount of fill, in cubic yards, to be placed below
meanhigh water JA
f. Type of fill material l.4M ti/ SAA11
F?
8 ADDITIONAL INFORMATIOIR, 2 '9
In addition to the completed application form, the follow-
ing items must be submitted: - I
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
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 710203 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,vith 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.
3/91
Name
Address
Name
Address
Name
Address
A list of previous state or fedetid pehnits issued for
work on the project tract. include permit numbers,
peCrnlitt-, and i-1-flnr 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 projects in oceanfront
and inlet areas.
A sta.ement on the tine bf pudic fitt3ds. 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 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 program.
T further certify that I am authorized to grant, and do in
fact, grant penuission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information relaied
to this permit application and follow-up monitoring of
project.
This is the day of 140LAA ,19.U.
I/ A
X bL' f) u uzf?,t
Landowner or Autho V ed agent

4 3/91

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