42-87 Allen, Terry

Permit Class Permit Number
New STATE OF NORTH CAROLINA Ad 42-87
Department of Natural md.Community Development
8
Coasts Ret rce"sCt> yission
f J
for` r 0 Mal or b' l nt in,f!BavuonmeCon to_Excavatioif�gd jjjfp f?isuant to NCGS --------
-----r
Issued to Terry Wayne Allen, 108 Williams Street, Greenville, NC 27858
authorizing development in Beaufort Countyat the Pamlico River, Bayside Shores.
off Whi tchards Beach Road as requested in the permittee's application dated 12/4/86 including
attached plats, 2, plan view and location, no dates.
This permit, issued on k/27/0 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The bulkhead must be aligned to avoid all wetland vegetation. To prevent
an unintentional violation of this authorization, representatives of the
North Carolina Division of Coastal Management and the Corps of Engineers
will be available to stake the alignment prior to construction.
(2) All backfill materials will be obtained from an upland source and confined
landward of the permitted bulkhead.
(3) 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.
(4) 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 50 NTU's or less are not considered significant.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.
This permit action'may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31. 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
r
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,. CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 29402-1890
February 6, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-007-0167
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
F, i,
X':v
Reference the application of Mr. Terry Wayne Allen for a Department of the
Army permit to construct and backfill a bulkhead on the Pamlico River, Bayside
Shores, Chocowinity, Beaufort 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. The bulkhead will be positioned in strict accordance with permit
plans. To prevent an unintentional violation of this authorization,
representatives of the North Carolina Division of Coastal Management and the
Corps of Engineers will be available to stake the alignment prior to
construction.
b. All backfill materials will be obtained from an upland source and
confined landward of the permitted bulkhead.
c. 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.
d. 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 50 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Ken Jolly, telephone (919)
343-4632.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch

Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
j Morehead City Regional Office
JI North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889

V
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 8, 1987-
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-007-0167
Mr. Terry Wayne Allen
108 Williams Street
Greenville, North Carolina 27858
Dear Mr. Allen:
{ qxF
On February 6, 1986, we renewed general permit No. SAWC080-N-000-0291
(enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received January 5, 1987, for a Department of
the Army permit to construct and backfill a bulkhead on the Pamlico River
adjacent to your property, Lot No. 57, Bayside Shores, Chocowinity, Beaufort
County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. According y, the administrative
processing of your application will be accomplished by the North Carolina
iiivision of Coastal anagement. 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 written and informed of its further management. If
there are no unresolved differences of State -Federal positions or policy, the
final action taken on your application by the State will result in your
receiving written notice from us that your application has been successfully
processed under our general permit. 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 No. SAWCO87-N-007-0167
and will be coordinated by Mr. Ken Jolly. He is available to address
questions or comments you may have at telephone [phone].
Enclosure
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality.Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
JNorth Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

IN REPLY REFER TO
Regulatory Branch
. DEPARTMENT OF THE ARMY
WIL MINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Obi'MA W 9. few
SUBJECT: File No. SAWCO ,ij % - At - 007 - p1&7
Applicant_ _
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Ms. L. K. (Mike) Gantt
Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. Nora Murdock
Fish and Wildlife Service
Endangered Species
100 Otis Street, Room 224
Asheville, North Carolina
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Regional
Office
North Caro ina Division of
Coastal Management
,O. 60f 16b
Pursuant to SAWCO80-N-000-0291, the CAMA-Corps general
permit/processing agreement, a State Field Investigation Report is
enclosed. Your comments nd/or recommendations would be
appreciated on or befor
Questions or comments may be addressed to
Regulatory Branch, telephone [phone] .
Sincerely,
L22-4' e�v' 46e�—
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

APPLICATION
12, o-e' 6
FOR
PERMIT TO EXCAVATE AND/OR FILL WATFR QUALITY CERTIFICATION
EASEMENT IN DS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Adminlstr State of North Carolina Department of the Army
(GS 146-12) epartment of Natural Resources and Community Development Corps of Engineers, Wilmington District
r» A11 S 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-3291
x tylin or print
and fill,fn all blanks. If information is not applicable, so indicate by placing N/A in blank.
A.Name ALLEN TERRY WAYNR
Last First Middle
B. Address 108 WILLIAMS STREET
Street, P. O. Box or Route
GREENVILLE 14C 27858 756-6333
City or Town State Zip Code Phone
Location of Prod Project: pose
A. County Beaufort
B. 1. City, town, community or landmark Bays ide Shores, Chocowi nits
2. Is proposed work within city limits? Yes —No ^
C. Crcek, river, sound or bay upon which project is located or nearest named body of water to project
Chocowinitv Bav
`-"n'w_,�_^
III. Description
of Project
A.
1. Maintenance of existing project 2. New work
X
_
IJ�C yID ItAAk —
B.
Purpose of excavation or fill
0
1. Access channel Icngth width
2. Ho.it basin length width
depth _"��
depth -
� �/'�`�,i-t
• T% �.S
U
3. Fill arcs length width
depth
4. Other Bulkhead length 116.85r width9 rt depth
2 5 fr
C.
I. Bulkhead length Average distance waterward of IAaYfV
(shoreline)
5 feet
2. fype of bulkhead construction (material) Treated Timber
D.
Lxcavated material (total for project)
1. Cubic yards None 2. Type of material
E.
fill material to be placed below MHW (sec also V I. A)
1. Cubic yards 150 2. Type of material
Sand
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes X_ No
C. Disposal Area n/a
1. Location
2. Do you claim title to disposal area? n/a
D. Fill material source if fill is to be trucked in Yes
L. How will excavated material be entrapped and erosion controlled? n/a
1 . 1 N pc of equipment to be used n/a
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No

V. Intended Use of Project Area (Describe)
A. 1. Private_ 7C
2. Commercial
3. Housing Development or Industrial
4. Other Bulkhead anpra
e. I. Lot size(s) 80.65' X 200.10' X 116.85' X 215,85,
2. Elevation of lot(s) above mean high water_— annrnri mm-pl it 41
3. Soil type and
4. Type of building facilities or structures _ SinP 1e fami 1 y rjt,7p ] 1 i n a
5. Sewage disposal and/or wastewater treatment A. Existing_ Sent is Planned
. 8. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes -IL -No
B. 1. Will -any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes —No X
2. Type of discharge n / a
3. Location of discharge n/a
VII. Present rate of shoreline erosion (if known)•_ AUAroximatplp 6" per ppar
VII I. List permit numbers and issue dates of previous Department of Army
Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: 1 week
X. In addition to the completed application forth, the following items must be provided:
A. Attach a copy of the did (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 tarty out the project on his land-
B. Attach an accurate work plat drawn to scale on 8'fi X I I" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit commenrc in 2e....•1., n..ew �_�,....
Xl. Certification requirement: 1 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.
XII. Any permit issued pursuant to this application will allow -only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE I0_ � to „ _ /
Applicant's Signature
Da F-ei
Rev. 10178 SEE REVERSE SIDE FOR MAILING INSTRI irrrntie

nh
✓, `a ✓ A v
••TC,T ` � s• � � JA�, O
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
& Thomas Rhodes, Secretary
5 January 1987
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
Terry Allen
Applicant's Na
David W. Owens
Director
Bayside Shores, Pamlico River Beaufort County
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is X covered on the reverse
side; attached; will be forwarded later.
CSJ:ap:3566
o
'rely,
Charles S. Jones, ief
Field Services Section
PO Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmanve Acnon Employer

(A) lhis agency has no objection to the project as proposed.
(8) This agency has no comment on the project as proposed.
X (C) This agency approves of the project (or project concepL) and/or recommends
these minor refinements for project management. (1) All fill material to be
placed below normal water level will be confined behind the permitted bulkhead. (2) The
bulkhead must be aligned to avoid all wetland vegetation, and this alignment must be
staked by a representative of the Division of Coastal Management or the Corps of Engineers.
(D) This agency objects to the project and recommends permit denial based on a
finding of:
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e)0 ) ... that there will be significant (e)(2) ... that there will be signifi-
adverse effect of the proposed dred- cant adverse effect on the value
ging and filling on the use and enjoyment of the property of
of the water by the public; any riparian owners;
(e)(3) ... that there will be significant
adverse effect on public health,
safety, and welfare;
(1)
(3)
(4)
(E) Attachment
(e)(4) ... that there will be signifi-
cant adverse effect on the con-
servation of public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site
rule.
Inconsistency with the local Land Use Plan (Please elaborate).
Inconsistency with Rules, Guidelines or Standards of
this agency or a finding that the project is in conflict
with other authority or interest as stipulated below.
Include memorandum or other documentation that support
findings relating to D1-4 or provide general comments.
51gna ure
Date

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Terry Allen
2. Location of project site Beaufort_ County; off of Whichards Beach Road, Bayside Shores,
Pamlico River, photo # 12- - ; 72-597=F-18
3. Investigation type: Dredge S Fill' X' CANA X
4. Investigative procedure: (A) Dates of site visit 12-29-86
(B) Was applicant present`—
5. Processing procedure: Application received 12-17-86 Office Washington
6. Site description: (A) Local Land Use Plan Beaufort County
Land classification from LUP Conservation
Development constraints identified in LUP None .
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands 7�— Public trust waters
Estuarine waters— Other -
(C) Water dependent: Yes No X Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing Septic tank
Planned None
(E) Type of structures: Existing 'Deteriorated bulkhead. single family dwelling
Planned New bulkhead
(G) Estimated annual rate of erosion + Source DCM staff observation
7. Habitat description:
(A) Vegetated wetlands:
Spartina cynosuroides
Typha spp.
Juncus roemerianus
Soartina patens
(B) Non -vegetated wetlands:
(C) Other:
Open water
AREA
Dredged Filled Other
+ 810 sq.ft.
+ 450 sq.ft.
(D) Total area disturbed: + 1260 sq.ft.
8. Project summary The applicant is proposing to construct a 116' long hnikhaad
landward of an existing deteriorated bulkhead through a wetland area.

Environmental settin
The applicant owns an 80.65' by 200.10' by 116.85' by 215.85' lot on the Pamlico
River at Bayside Shores in Beaufort County.
Located on the lot is a single family dwelling and a deteriorated bulkhead. The
bulkhead is broken in several locations which has resulted in an area + 35' by + 28'
of open water landward of the bulkhead at the northern end. Also an area + 60' by
+ 20' of mixed marsh has been established landward of the bulkhead across the center
of the property and at the southern end.
The applicant purchased the property on 20 August 1986. The property has changed
very little, if any, since the day of purchase. Very little erosion has occurred
and the marsh area is essentially the same size.
Project proposal
The applicant is proposing to construct a 116' long bulkhead. The bulkhead will be
+ 18' beyond the NWL at the northern end.. At this location, the proposed bulkhead
will connect to a corner of an adjacent bulkhead.
The proposed bulkhead alignment will result in the bulkhead being placed through the
mixed marsh area across the center of the property and at the southern end. The
proposed alignment will result in the new bulkhead being connected to an adjacent
bulkhead at the southern property line 17' from a corner.
Environmental impact
The project as proposed will result in + 450 sq.ft, of open water being filled
landward of the existing bulkhead, and will result in + 810 sq.ft. of mixed marsh
being filled landward of the existing bulkhead.
David L. Gossett - Washington Office - 5 January 1987

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M. B. 19, Pg. 67 ----
aulkh Old
9' ASPHALT DRIVE
'g' Revised 9-5-86: Show distances.
O New iron pipe
A Existing iron pipe
lf- 4 Split rail fence l' off R_
40' 0 SCALE 9o, 80,
SURVEY FOR -
Terry Wayne Allen
and wife Deborah J. Allen
BAYSIDE SHORES
SUBDIVISION 4, LOT 57
MAP BOOK 19, PAGE 87
PA M LIcO
RIVER
S OS° eur�nead
59„
2 W
aiEor116, 135,
1, Norwond Marlin Mayo, certify that this map was prepared
frnm an arduel s!urcy hY mn '1110:1. trim and a-:curale to
the best of uryla¢:ale•:;te ! L. f. the man ems
prepared in zcartl!nnce 4liih r; ; ;:.30 as anumded.
Witness my I:aad and seal 111i3 the _l_ day
of --�5
Negisloietl q r No. L•1546
`se, 4i ,
�: �EGISif ,fA
SE,11_ -
=-
:"9�00o SUR`Ify��Q
DATE 6-20-86
AIAYO AND
SCALE 1 - 40'COUNTY*
d'1 SJ li
_
Deaufort, NC
TW_B Choc_owinity, NC
633-6332 Nei. Dera N c
DRAWN BY: AMM
946. 3469 wasninglan. N c
FILE NO. S - 4 - 65