19950647 Ver 1_COMPLETE FILE_19950627

# -
State of North Carolina
Department of Environment, 'Av
Health and Natural Resources 4?.
Division of Environmental Management •N
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N F=1
A. Preston Howard, Jr., P.E., Director
July 17, 1995
Mr. Douglas McCoy Tillett
P. O. Box 608
Manteo, N.C. 27954
Dear Mr. Tillett:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed riprap and breakwater installation
Project # 95647
Dare County
Attached hereto is a copy of Certification No. 3011 issued to Douglas McCoy Tillett
dated July 17, 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
P.eeston o a'rddI,,J rP.E.
Attachments
3011.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
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
NORTH CAROLINA
Dare County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Douglas McCoy Tillett
resulting in 0.06 acres of wetland impact in Dare County pursuant to an application filed on the 20th
day of June of 1995 to install riprap and breakwater.
The Application provides adequate assurance that the discharge of fill material into the waters
of Croatan Sound in conjunction with the proposed development in Dare County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-
500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter.set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction related
discharge (50 NTUs in streams and rivers not designated as trout waters by
DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs
in trout waters).
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are. made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) 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.
This the 17th day of July, 1995.
DIVISION OF ENVIRONMENTAL MANAGEMENT.
l
otnH-) wP
OP .E.
E.
WQC# 3011

'-
55LV,
RECEIVED
JUN 21 1995
ENVIROW6NTAL SCIENCES
a
IVASHAVGTON pFFICIF Y
June 16, 1995 JUN 2 0 1995
D. F- M.
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DPEDGE & FILL Permit Application Review
Applicant: Douglas McCoy Tillett
Project Location: End of SR 1134 (Skyco Road), Roanoke Island, Dare County, Croatan
Sound
Proposed Project: Construct a 5' x 175' long section of riprap 6" higher than NWL just
waterward of coastal wetlands and within waters of Croatan Sound.
Also proposed is the widening of 360 linear feet of breakwater, and
addition of 8 feet of breakwater.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by July 7, 1995. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY 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
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
1367 U.S. 17 South, Elizabeth Ctty, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
I

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Douglas McCoy Tillett
2. LOCATION OF PROJECT SITE: End of SR 1134 (Skyco Road), Roanoke Island, Dare County,
Croatan Sound --
Photo Index - 1989: 5411 E-15 1984: 142-1578 F-17
State Plane Coordinates - X: 2986300 Y: 791750
3. INVESTIGATION TYPE: CAMA/D&F RECEIVED
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/25/95 JUN 2 9 1995
Was Applicant Present - Yes ENVIRONMENTAL SCIENCES
RR niCN
5. PROCESSING PROCEDURE: Application Received - 05/16/95
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Community, Residential, Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - On-site septic system
Planned - N/A
(F) Type of Structures: Existing - Dwelling & 360 linear ft. of concrete block breakwater
Planned - Widen 360 linear ft. of breakwater, add 8 linear ft. to
existing breakwater, and install 5' X 175' rip rap waterward of
coastal wetlands.
(G) Estimated Annual Rate of Erosion: 3'
Source - Applicant
[AREA]
7. HABITAT DESCRIPTION:
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Shallow Water Habitat
(C) Other
2,759 square feet
(D) Total Area Disturbed: 2,759 square feet (.06 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: Applicant proposes to construct a 5' wide X 175' long section of riprap 6"
higher than NWL just waterward of coastal wetlands and within waters of Croatan Sound. Also
proposed is the widening of 360 linear feet of breakwater, and addition of 8 feet of breakwater.
a
Douglas McCoy Tillett
Bio Report
Page Two
Site Descrivtion
The applicant owns a two-acre parcel adjacent Croatan Sound in Ashby Harbor at the
western end of Skyco Road (SR 1134) on Roanoke Island, Dare County. Approximately one
quarter of an acre of the site is highground upon which a single-family dwelling has been
built. This highground area abuts approximately 200 ft. of shoreline and is vegetated with
various lawn grasses, small patches of salt meadow hay S artina ap tens) and several loblolly
pines inus taeda J.
The remaining 13/4 acres within the applicant's tract is Coastal Marsh. The low
marsh consist of a 2' to 12' band of salt marsh cordgrass S artina alterniflora) lying
waterward of an 18" high erosion scarp. Landward of the salt marsh cordgrass fringe the
elevation slopes gently upward and this high marsh is vegetated with giant cordgrass
S artina cynosuroides) and black needlerush 7uncus roemerianus). Approximately midway
of the tract's 500' of frontage a triangular-shaped area of low marsh dominated by salt marsh
cordgrass extends approximately 75 feet into Croatan Sound.
The sound bottom is comprised of coarse sand and supports no submerged aquatic
vegetation. Water depth 100 ft. offshore is approximately 3 ft. at normal water level
conditions. The State's Division of Environmental Management has classified the waters in
the vicinity of this project as SA.
In accordance with CAMA Major Development Permit #161-90 issued on 11/05/90 and
subsequent modifications to that permit the applicant has constructed the following:
1) A 5' x 200' section of riprap placed waterward of the NWL behind which lies
the 1/ acre of highground. (Reference feature (1) noted on field worksheet.)
2) A 144' long section of breakwater comprised of 6' x 2' x 2' concrete blocks
located 40' waterward of and parallel the riprapped shoreline described in
reference 1) above. Note the sand which has accreted to a depth of 11h' within
the 3,200 square feet of area previously inundated by shallow water.
3) Breakwaters 41/2' wide and 4' high in three straight sections arranged in a "U"-
shape around the point of coastal wetlands jutting southwest into Croatan Sound.
Lengths of the three sections are 60', 96', and 60'. The applicants plan incorrectly shows the 96' section and 60' section as connected. An opening
approximately 8' wide exists between the two sections. All existing breakwaters
rise approximately 2' above NWL.
The applicant proposes to increase the width of the existing 144' long section of
breakwater from 4'/a' to 101/2', and increase the height from 4' to 5' by adding another line
of 2' wide block 4' landward and filling in with riprap in accordance with Section "A-A".
One 60' long section of breakwater protecting the south side of the point would remain
unchanged. The two sections of bulkhead lying west and southwest of the point would be
connected and widened using Sections "A-A" and "B-B". Base width increases from 41/2' to
10W. The height as proposed totals 5'.
Also proposed is a 175' long section of riprap to be placed waterward of existing
coastal wetlands. Base width would not exceed 5' and height would be no more than 6"
above adjacent wetlands elevation in accordance with Section "C-C".
Riprap is proposed to be placed by hand and concrete blocks set by crane.
Anticipated Impacts
The widening/extension of existing breakwaters and the placement of riprap waterward
of Coastal Wetlands will result in the loss of 2,759 square feet of shallow water habitat.
Expanding the lengths/widths of existing breakwater sections could pose a hazard to small
boats using shallow nearshore waters. Closing an existing gap in the breakwaters could
cause sand to accrete around the point of Sparring alterniflora similar to that which has
accumulated landward of the 144' long breakwater. Placement of the blocks/riprap could
cause temporary increases in turbidity levels. Riprap could possibly slow erosion when
placed just waterward of Coastal Wetlands.
CAMA Review
The Dare County Land Use Plan review and consistency determination will be
conducted and forwarded under separate cover by Steve Gabriel.
Submitted by: M. Edward Harrell
Date: June 15, 1995
Please type or print. Carefully 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). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT -
a. Name Douglas McCoy Tillett
Address P. 0. Box 608
City Manteo State N. C .
Zip 27954 Dayphone ( 919) 441-7441
x Landowner or Authorized agent
b. Project name (if any) N/A
c. If the applicant is not the landowner, also give the
owner's name and address.
N/A
2 LOCATION OF PROPOSED
PROJECT

If you plan to build a mail , also com?etet nd•,.,,„ : .
attach Form DCM-MP-2' -Y- sJ_.?.. ...- __..
b. Is the proposed activity m2ifteriance of an
existing project, new work, or both?
Rnt}i
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Protection of property from
errosion
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
Two acres
b. Size of individual lot(s) - q;;mP
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum '
Z 1
d.
Soil type(s) and texture(s) of tract
Sand
Vegetation on tract Pine., na k s , Cerra G G
and Cedar
a. Street address or secondary road number
Skyco Rd. SR 1134 e.
b. City, town, community, or landmark
Manteo/skyco/Ashby Harbor f.
C. County Dare _ 9
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water n crest project
Croatan Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Breakwater Modification and
Breakwater extension
Man-made features now on tract House, Rock
Bulkhead,and Existing Breakwater
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
x Rural Other
h. How is the tract zoned by local government?
Residental
i. How are adjacent waters classified?
SA
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
r
a
3/91 i
y
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a._ Type andnumber of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be 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
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by 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.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management9
i. Describe proposed sewage disposal and/o: waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
m. Water supply source
n. If the project is oceanfront development, descrine
the steps that will be taken t- r'.aimain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?
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 (\`WL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
b. Amount of material to be excavated from below
water level in cubic yards None
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
None
,2
3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If no(, 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?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 5001
b. Average distance waterward of mean high water or
normal water level 401 (max)
c. Shoreline erosion during preceding 12 months, in
feet -
d. Type of bulkhead material Concrete Blocks
and concrete riprap
e. Amount of fill, in cubic yards, to be placed below
mean high water None
f. Type of fill material None
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then 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 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 (SP'.) 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 See attached list
Address
Name
Address
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Permit no. 161-90 Issued to
Douglas McCoy Tillett, Oct.7,1993
A check for 5250 made payable to the Department of
Environment , Health, and Natural Resources to cover
the costs of processing the application.
Enclosed
A signed AEC hazard notice for projects in oceanfront
and inlet areas. N/A
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).
N/A
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-
p.oved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I furtlier 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 dof ?? )?,2c , 19
X
Landown r
zed agent
3/91
Adjacent Waterfront Landowners
1) Charles B. Case et. als.
c/o Fredrick C. Walker
3013 Gauntlet Court
Chesapeake, WA 23323
2) Bernard I Reich
P.O. Box 2256
Manteo, NC 27954
3) Donald L. Skidmore
112 Black Friar Dr.
Coraopolis, PA 15108
4) N.C. Transportation
P.O. Box 748
Ahoskie, NC 27910
t
v 10 ?J f
-----------------
i
n
38
n
ti
O
03
rn
N
U
M
s
.j
ox
a?^ ? D
x
°O
7 ?t
N 'C
LP
a ti
C /?L/ ??? ? X44
G X
a o o R
n o
r<
P O
rn
i
z
? c
d
C cL?CO??
r;-k
K-
o ?
G
? J
66

-b G

40
lu.

Itf
rL-? cra?

?a r
c
,
as
?
A Z-
ro
O ?
G
d
L
F
o ?C,

?C9
U1
Rl
I?
C

U,
14
t

ctl

p (a-

2
o ?
vin

I-S
0
}-

JJ o
s
J
?
3y

?
r 3
x?
wa
j

w nl

%51 b
L

0
aty ?a? ? \?Si - ?' ?
Q-? ? `? (6, may` ?i
o? ao ?
KOO
?s
t
G ?
K ? `t1
U z $'
v N??ao
i 11\`
J?
7 1 N'
0 V

6

z
a
1

o I
z
a L

r

c
a
Z

r. ,
? I
V
1 ?, 1 I
0
M
c
i
0
r

:1r
i7 -•?
?
l
v
i
r ?-

i 7

J \ \
10
d #i€ Q
6z?z vo
of °????? ?????? s?•?
Cl)
?. Y O
g, s gam.
?r hh •
CC o
0-2
Ali,

l
0
1<
1
2N I
> 1
A J
N
i
V
..D -

Te-
n

1
v

ff, I :

1

f r .
{
b ? .

?Y 4

o 10 J.
i
7 7,
6
pr
rpq
0
h F.

?` . ?Y r ~?l
L l rn
a
'a
a
a
cc

?J
cc
0
i
I ?( ?N
3
u
J
,ter
7
v
cl?
oj

J
Z
a
t?
?O
I 1
r
r-
J
r'
11.E LL ^, .
"?\ r
611\ 2 C7

J 6.
J' 1
;..
y LL J
?
w (
T 1l.
}.- o 11
o c? ?- N
r

W

U

:
:o
Qs, !j
0
L
C
Q
C
L-n
L
l.n
O
2

20 r±

?n2

V
.19
1
d
G
C
n

3

J
Z
0
v
0
Y
C9
}
11
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 DOUGLAS MCCOY
TILLETT of Dare County, filed an application on May 16, 1995, 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 DOUGLAS MCCOY TILLETT proposes to construct
a 5' wide x 175' long section of riprap 6" higher than NWL just waterward of coastal
wetlands and within waters of Croatan Sound. Also proposed is the widening of 360 linear
feet of breakwater, and addition of 8 feet of breakwater. The project site is located at the
end of SR 1134 (Skyco Road), Roanoke Island, Dare County, Croatan Sound.
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 M. Edward Harrell, 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 July 17, 1995. 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
July 12, 1995 for consideration in the CAMA permit decision, and to Mr. John Dorney,
Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
July 7, 1995 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.
PUBLISHED ON: Thursday, June 22, 1995
Hi v v2ib
S33N310S 1111N3WN021lMl3
66616 Z Nnf
02AF-03'd