19960909 Ver 1_COMPLETE FILE_19960906

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary
A.Preston Howard,Jr.,P.E.,Director
APPROVAL of 401 Water Quality Certification
Mr. Paul Shank
1258 Oakmont Circle
Westchester, PA 19380
Dear Mr. Shank:
I ffl?5VA
740
A&?17J
40
?EHNR
October 30, 1996
Currituck County
DWQ Project # 960909
You have our approval to place fill material in 1,640 square feet of wetlands or waters for the purpose
of constructing a bulkhead at Lot 121, Phase I Section 2 Monteray Shores Subdivision, as you described in
your application dated 17 September 1996. After reviewing your application, we have decided that this fill
is covered by General Water Quality Certification Number 3025.
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 60 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ton Howar , Jr. P.E.
Attachment
0. cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
960909.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
' V
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Paul Shank
2. LOCATION OF PROJECT SITE: Lot 121, Phase 1, Section 2, on the corner of Sun Burst Court
and South Harbor View, Monteray Shores Subdivision, Corolla, Currituck County. The property is
adjacent to Currituck Sound.
Photo Index - 1995: 201-107 012&13 1994: 40-1 F&G 10
State Plane Coordinates - X: 2934825 Y: 959975
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 20, 1996 1 ?]
Was Applicant Present - No ?)----?-y
SEp
5. PROCESSING PROCEDURE: Application Received - July 30, 1996
Office - Elizabeth City
_-
W?iLAiV'? ,
6. SITE DESCRIPTION: WAVER lLti
(A) Local Land Use Plan - Currituck County
`
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Shoreline, Estuarine Water
(C) Water Dependent: Bulkhead: Yes Wetland Fill: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Package Treatment Plant Hookup
Planned - Same
(F) Type of Structures: Existing - None
Planned - Residential
(G) Estimated Annual Rate of Erosion: 2'
Source - Applicant
7. HABITAT DESCRIPTION:
N
[AREA]
llKKllVLll I'1LLhIJ V 1 HhK
(A) Vegetated Wetlands 1,640 sq. ft.
(404)
(B) Non-Vegetated Wetlands -
(C) Shallow Water Bottom 1 1 87 sq. ft.
(D) Total Area Disturbed: 1,727 square feet (.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Construct a 29' long bulkhead approximately three feet (3') waterward of
the normal water line and fill 1,640 square feet of 404 wetlands in Monteray Shores within the
Estuarine Shoreline adjacent to Currituck Sound.
i
Paul Shank
Bio Report
Page 2
PROJECT SETTING
The property is located in Monteray Shores Planned Unit Development on the corner of
South Harbor View and Sun Burst Court in Corolla, Currituck County. The lot is pie shaped
and contains 11,922 square feet. The property has a 29' shoreline adjacent to Currituck
Sound that is eroding at a rate of approximately 2' per year. Approximately 1,640 square
feet of the lot has been delineated as 404 Wetlands and extends to the sound. A natural rise
in elevation occurs adjacent to the water and slopes back into a depression located in the
approximate center of the lot and extends in an easterly direction for approximately 90'. The
width of the wetlands on the property in question varies from 14' to 22'. Vegetation found in
the wetland area includes, but is not limited to, Arrow Leaf (Peltandra virginica), Straw-
colored Umbrella Sedge (Cyperus strigosus), Net-veined Chain Fern (Woodwardia areolata),
Black Willow (Salix nigra), False Nettle (Boehmeria cylindrica), and Black Needlerush
(Juncus roemerianus). High ground vegetation includes, Staghorn Sumac (Rhus typhina),
Loblolly Pine (Pinus taeda), Live Oak (Quercus virginiana), and Wax Myrtle (Myrica
cerifera).
The 404 wetlands located on the property extend into the adjacent property to the north and
is densely vegetated. According to the applicants agent the average elevation of the property
is 6.2'. The Flood Insurance Rate Map (FIRM) indicates that the property is located in an
A4 Flood Zone with a minimum structure elevation requirement of 6'.
The shoreline is irregular and the normal water line ranges from 3'- 6' landward of the
existing bulkheads on either side of the applicants property. A significant amount of
vegetative debris has accumulated along the shore forming a natural berm separating the
wetland from the adjacent water. Vegetation has established on the natural barrier includes
Loblolly Pine and False Nettle.
The adjacent sound is classified as SC waters, is not a primary or secondary nursery and is
closed to shellfishing. The adjacent waters are historically shallow and contain significant
amounts of submerged aquatic vegetation.
PROJECT DESCRIPTION
The proposed bulkhead will be approximately 29' linear feet and tie into existing bulkheads
located to the north and south of the property. The bulkhead will be constructed of salt
treated wood and located approximately three feet (3') waterward of the normal water line.
Approximately 87 square feet of shallow water habitat will be filled. The average depth of
the water to be filled is less than one foot (1') and will result in approximately 3 cubic yards
of fill being placed in the water. The average erosion rate indicated by the applicant is two
feet (2') per year.
The project will include the filling of non-coastal wetlands located on the applicants property.
The 1,640 square feet of non-coastal wetlands, which the applicant proposes to fill, includes
1,487 square feet located within the Estuarine Shoreline Area of Environmental Concern

Paul Shank
Bio Report
August 26, 1996
(AEC) and 153 square feet located approximately 10' landward of the AEC. Three feet (3')
of fill material will be placed in the wetlands, of which approximately 165 cubic yards will
be within the Estuarine Shoreline AEC.
The wetland area extends beyond the common property to the north. The width of the
wetland where it abuts the adjacent property is approximately 45 linear feet. In order to
prevent siltation of the wetlands on the adjacent property the applicant proposes to install a
silt fence along the property line. The fill area will be smoothed and grassed to prevent
siltation of the wetlands on the adjacent property.
ANTICIPATED PAPACTS
1) A total of 87 square feet of shallow water bottom will be filled.
2) Approximately 1,487 square feet of 404 wetlands will be lost due to the placement of
fill material within the Estuarine Shoreline AEC.
3) Approximately 153 square feet of 404 wetlands will be lost outside of the Estuarine
Shoreline AEC due to the placement of fill material.
4) Short term turbidity of adjacent waters will occur during construction of the bulkhead.
5) Increased run off may occur onto the adjacent property to the north (Lot 122) due to
the increased elevation of the applicants tract.
No archeological sites are known to be associated with the project area. There are no unique
remnant species or geological formations known to be associated with this site.
CAMA REVIEW
Land Use Plan Consistency determination will be submitted under separate cover by John
Thayer.
Submitted By: Lynn W. Mathis
Date: August 26, 1996
M 1
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT

JUL 3 0 1996
b. City, town, community or landmark
Monterav Shores
a. Landowner:
Name Mr. Paul Shank
Address 1258 Oakmont Circle
City Westchester State PA
c. Street address or secondary road number
Lot 121. South Harbor View
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Currituck Sound
Zip 19380 Day Phone [phone]
Fax [phone]
3. DESCRIPTION AND PLANNED USE
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil Hills State NC
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of bulkhead and backfill
Zip 27948 Day Phone [phone]
Fax [phone]
b. Is the proposed activity maintenance of an existing
project, new work, or both? New Work
c. Project name (if any) Shank - Monterey Shores
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
c. Will the project be for public, private or commercial
use? Private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional pages.
Installation of sheet bulkhead to abate shoreline
erosion.
a. County Currituck
.0
Form DCM-MP-1
APPLICATION
,__ ;..i - .
J U L 3 0 1996
(To be completed by all applicants)
4. LAND AND WATER
If yes, has a delineation been conducted? Yes
(Attach documentation, ifavallable)
CHARACTERISTICS
a. Size of entire tract Lot 121 = 11,922 N. ft.
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or NWL
6.2' (Avg.)
d. Soil type(s) and texture(s) of tract
Newhan - Corolla Comdex (five sands)
e. Vegetation on tract Wax Myrtle, Black Cherry,
Black Cherry, Black Willow, Bullbrier
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land classification
of the Site? (Consult the local land use plan.)
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
Residential 90 -1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, i(applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
Yes X No
,f 1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other 404
m. Describe existing wastewater treatment facilities.
Community Service
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
Communes Service
S. ADDITIONAL INFORMATION
In addition to the completed application form, the following
items must be submitted:
• A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected properties. 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 percussion from the owner to carry out
the project.
• An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink on
an 8 1/2" by 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 an adequate
number of quality copies are provided by applicant.
l
Form DCM-MP-1
other larger plats are acceptable only if an adequate
number of 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 highway or
secondary road (SR) numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified maiL Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Fan-and Street Associates
Address 46 Forrand St.
Phone Bloomfield. NJ 07033
Name
Address
Phone
Name
Address
Phone
(own properties on both sides)
18 A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N/A
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEI-1NR)
to cover the costs of processing the application.
Y A signed AEC hazard notice for projects in oceanfront
and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public fiends or
J U L 3 0 1996
.4
use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION TO
ENTER ON LAND
I understand that 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
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I 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 the project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of j, 192.
Print Name e 5 C
Signature 1-,fAft,4, )J bk-m I
oL4Uowngr or Authorized Agen
Please indicate attachments pertaining to your proposed
project-
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
.,/
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Leneth Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
90o W?TL&qm
Other
(Excluding
shorclinc
stabilization)
N/A
N/A
N/A
N/A
N/A
N/A
N/A q'o l z2
1-i Q_

N
J U L 3 0 1996
1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A -
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X_ No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
a. Location of disposal area
N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No N/A
If yes, where?
2cL) » f3 ; J!f? J?khlll?o?l
W tT-L I
v/J 3 J??
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands? N/A
Yes No
f. Does the disposal include any area in the water?
Yes No N/A
3. SHORELINE STABILIZATION
a. Typ X of shoreline stabilization
Bulkhead Riprap
b. Length 2.91
c. Average distance waterward of MHW or NWL
3' - 4'
d. Maximum distance waterward of MHW or NWL
4'
e. Shoreline erosion during preceding 12 months
- 2'
(Source of infonnalion) personal observation
f. Type of bulkhead or rprap material Wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill 3 c. yds
h. Type of fill material Sand
i. Source of fill material
Commercial Supplier
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
JUL 3 0 1996
If Yes,
(1) Amount of material to be placed in the
water 3 c. yds
(2) Dimensions of fill area 31 x
(3) Purpose of till Rar lifi 11 Rulkhead
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If Yes, Fringe of secti?dn
(1) t ensi ns of fill are 4DiPwetplands - 1, sq. t.
(2) Purpose of fill Iia kfi 11 to hulkhead
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Fill material
smoothed and grassed
b. What type of construction equipment will be used
(for example, dragline, 'backhoe, or hydraulic
dredge)?
water pump and hand tools
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant r Project Name
J
Sign. re
--I C
Date
Revised 03/95
lJ6-Zb-1J')b UJ:IJHI'1 F-kUPI Unvirurnnerital Prin. Lric
1U 1'+151cbd?3 F'. U1
RE'CE "Irn
nllr. 2 6 1996
App u c4fjT5
PL-161T
CURRITUCK
MONTERA Y SHORES SUED.

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a
VICINITY MAP
N, T. S.
f AREA TO BE 8'
FlLLED OR
UNDISTURBED AREA
DISTURBED
FABRIC BURILU UELOW
EXISTING GRADE
SILT FENCE
DETAIL
NTS
?l• "mm
CMom- Ay I LT A'
AL
CB??:CTION A-A
NTS /
ROPOSED BULKHEAD
NISHEO GRADE
AREA TO BE FlLLEO
EXISTING GRADE Sp(/
Fg q
TI RE EDS y9?e
PROPOSED BULKHEAD O?
NT$
PAUL SHANK SCAM 1• = 30'
CAMA MAJOR PERMIT APPLICATION DA's 724'98
OT 121 PHASEI SEC.2 MONTERAY SHORE n1u1IT4 BY 96-199
7W. RRANCH Twsr, GURRITUCK COUNIY N0I77H CAPNIAIA Rn4Cy=, Cw
Post-it" Fax Note 7671 DAto 6 Pages? /
From J 1 t pi so,,
Co./Dept p Co.
Phone 0 a/. v v( Phone R y/ 0
Pax A vT (p 41 -13 7.2 Fax R y 0 7oZ
-CURRITUCK SOUND '
PprPh n nI11 KHFAii ' ?1 ?lw< EJ?-..
EXISTING
NOW OR FORMERLY
FARRAND ST. ASSOCIATES
8
A
PLANDS
i
¦ v0
? 404
I W?ILANDS
Y
UPLANDS
11,922 Sq. Ff.
121
EXISTING DIJLXNEAD
NOW OR FORMERLY
FARRAND ST, ASSOCIATES
- SILT FENCE
1640 Sq. F1. AREA
10 UE FILLED 114,97.39 Sq. FT. 11ITHIN AECI
A' IIS2.81 Sq. Fr. CIJTSIDE AECI
75' AEC SETBACK
122
Go_
PROFESSIONALS AINC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. 60X 1568
KILL WAL HILLS, N,C, 27948
PHONE [phone]
FAX (119) 441 U71t
960909
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199605013
September 4, 1996
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
50
Q
7
?2??ti ? LSO
Dear Mr. Dorney:
Please reference the application of Paul Shank for Department of the
Army (DA) authorization and a State Water Quality Certification to construct a
bulkhead and place fill material into Section 404 Department of the Army
jurisdictional wetlands, on property identified as Lot 121, Section 2,
Monteray Shores Subdivision, located off Sun Burst Court, adjacent the
Currituck Sound, in Corolla, 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.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by November 3, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh land, P.W.S.
Regulatory Project Manager
Enclosure
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