43-90 Ballentine & Smith

PemmitClass _ -. • Permit Number
NEW
Issued to
43-90
STATE OF NORTH CAROLINA
Department of Natural Resources and Community Development
and
Coastal Resources Commission
UN 1 1 19990
for.:;'
X Major Development in an Area o
pursuant to NCGS 113A-118
Concern
.X Excavation and/or filling pursuant to NCGS 113-229
authorizing development in Beaufort County at
as reaue
This permit, issued on March 19, 1990 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 be
subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) The bulkhead will be positioned in strict accordance with permit plans.
2) All backfill materials will be obtained fran a highground source and confined
landward of the permitted bulkhead.
3) The proposed bulkhead mast be constructed prior to any fill material being
placed beyond the NWL of the canal.
4) 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.
5) No vegetated wetlands will be filled.
(See Attached Sheet for Additional Conditions)
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
necember -n im
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.
Q ,
\ George T. E erett, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemmittee

J.R. Ballentine & Cecil Smith Piemmit #43-90
Page 2 of 2
ADDITIONAL CONDITIONS
6) The area will be properly graded and a permanent ground cover sufficient to
restrain erosion will be provided on all exposed areas within the shorter of
30 working or 120 calender days after project completion.
7) The activity will be conducted in such a manner as to prevent significant in-
creases in turbidity outside the area of construction or construction -related
discharge.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10,.1978,;for_'bulkhead:construction.:

r
rNA7Y1111"90
�
State of North Carolina """---""-"--
Department of Natural Resources and Community Development
Division of Coastal Management
1424 Carolina Avenue • Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
8 May 1990
Mr. James R. Ballentine
P.O. Box 356
Belhaven, North Carolina 27810
Dear Mr. Ballentine:
Field Operations
P.O. Box 1507
Washington, NC 27889
[phone]
George T. Everett
Director
This letter of refinement is in reference to your 2 May 1990 request to modify
Major CAMA and Dredge and Fill permit number 43-90 issued to you and Cecil
Smith on 19 March 1990. Permit number 43-90 was issued for a bulkhead with
backfill across the head of a manmade canal onsite of your property off
SR 1769 in Smith Shores, Beaufort County, North Carolina.
Your request to modify the aforementioned permit to allow an additional 140'
of bulkhead to be constructed bordering Mr. 9nith's property along the manmade
canal is hereby authorized. All permit conditions including the 31 December
1993 expiration date still apply and remain unchanged. Also the alignment
for the additional 140' of bulkhead is to be staked and flagged by a represen-
tative of the Division of Coastal Management prior to construction. Your
modified plat illustrating the authorized changes will became a part of your
permit and file and construction should be accomplished accordingly.
Thank you for your time and cooperation in this matter. If you have
questions about this or related projects, please don't hesitate to contact me
or David Gossett in the Washington Regional Office.
Sincerely,
Tlerry E. re
District Manager
Washington Office
TI1/aht
cc: StOn Pate - Assistant Director, DCM
John Parker - Major Permits Manager, DCM
Cliff Wine£ordner - U.S. Army Corps of Engineers
David Gossett - Field Representative, DCM
Box 1507, Washington, North Carolina 27889 Telephone 919-94&6481
An Equal Opportunity Affirmative Action Emplam

May 2, 1990
Mr. David Gossett
Division of Coastal Management
N.C. Department of Natural Resources and
Community Development
1424 Carolina Avenue
Washington, North Carolina 27889
RE: Major Development Permit
Permit # 43-90
Issued on 3-19-90 to
J.R. Ballentine and Cecil Smith
Dear Mr. Gossett:
By way of this letter, T am requesting that the above permit be
amended to include the following:
1) that the option be granted to extend the 33-foot bulkhead: West
60 feet, then North 80_feet on the manmade canal bordering Cecil
Smith's property.
2) The attached drawing details the proposed bulkhead extension by
heavy dotted lines.
If you have any questions, please contact me.
Si
/erelyy,, !- /
J.R. Ballentine
P.O. Box 356
Belhaven, N.C. 27810
telephone [phone]

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'.; 0_U1
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
William W. Cobey, Jr., Secretary
30 January 1990
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Division of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
James R. Ballentine and Cecil Smith
Applicant's Name
Snith Shores, Puna o Creek Beaufort
Eovation of oject oun y
George T. Everett
Director
x for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development permit ....
for a CAMA major development permit (only) ....
for a dredge and fill permit (only) ....
has been reviewed by this District Office 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 Office is x covered on the reverse side;
attached; will be forward—ed-later.
Sincerely,
Terry Moore, Manager
Washington District
P.O. Box 27687, Raleigh, North Carolina 27611-7697 Tekphom 919-733-2293
An Equal Opportunity A(flrrn itivc Action Empbm

„:This- office has no objection to'the project as proposed.
(B) This office has no comment on the project as proposed.
x (C) This office approves of the project (or project.concept) and/or recommends
these minor refinements for project management. (1) The proposed bulkhead
must be constructed prior to any fill material being placed beyond the
NWL of the canal.
(D) This office 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)R) ... that there will be significant (e)(2) ... that there will be signifi
adverse effect of the proposed dredg- cant adverse effect on the value
ing and filling on the use of the and enjoyment of the property of
water by the public; any riparian owners;
(e)(3) ... that there will be significant
adverse effect on public health,.
safety, and welfare;
(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.
(2) Inconsistency with Rules of the Coastal Resources Commissian
as enumerated in 15 NCAC 7H (or other). Please site rule.
(3) Inconsistency with the local Land Use Plan (please elaborate).
(4) 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.
(E) Attachment. Include memorandum or other documentation that support
findings relating to D1-4; or provide general comments.
�eiuic2 �, • PJ.,o�o�u
Signature
Date IGGo

ll1VlJtun �r �, ------ Long: 76° 35' 17"
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME James R. Ballentine and Cecil Smith
Z. LOCATION OF PROJECT SITS Beaufort County SR 1769 _Smith Pungo C
Photo # 12-19-84 79-964 4-5
3_ INVESTIGATION TYPE: DREDGE & FILL X __
CAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 1-251-25-00---
(B) WAS -APPLICANT PRESENT No
5. PROCESSING PROCEDURE: APPLICATION
shiRECEIVED_ 1-29-90
OFFICE
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 PUBLIC TRUST WATERS_
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES NO X
(D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING Septic tank
PLANNED None
(F) TYPE OF STRUCTURES: EXISTING single family dwelling
PLANNED None
(G) ESTIMATED ANNUAL RATE OF EROSION + 1' SOURCE DCM staff observation
7. HABITAT DESCRIPTION: AREA
DREDGED FILLED OTHER
(A) VEGETATED WETLANDS N/ N/A
None
(B) NON -VEGETATED WETLANDS:
(C) OTHER:
Open water area
(D) TOTAL AREA DISTURBED:
8. PROJECT SUMMARY: _
+-h. 1 anrlwarti end of a
+ 875 s .ft.
+ 875.sq.ft.

Envi=Hnental settinq
The applicants own a 30,000 sq.ft. lot adjacent to a manmade canal, Pungo Creek,
and SR 1769 (Smith Shores Road) in Smith Shores Subdivision in Beaufort County,
North Carolina.
Located on the lot is a single family dwelling which is served by a septic tank
sewage disposal system. The entire lot is vegetated with lawn grass, and no
wetland vegetation is present.
The canal which is being considered by the proposed application extends in an
eastern direction off of a canal which extends to the north off of Pungo Creek.
Both canals are presently bulkheaded.
Project proposal
The applicant is proposing to place a bulkhead across the eastern canal approx-
imately 25' from the landward end. At this point the canal is approximately 33'
in width. The water area confined landward of the bulkhead will be backfilled
with nutrients from previous canal maintenance which have been stockpiled on the
property. The purpose of the project is to increase the applicants' highground
area so that their turning and parking area will be increased.
a .Iu _� 11:121.,
The project as proposed should have a minimal environmental impact. + 875 sq.ft.
of open water area within a manmade canal will be filled. No wetland vegetation
will be excavated and/or filled.
David L. Gossett - Washington office - 30 January 1990

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Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater.control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1 APPLICANT` c _"� `
a. Name J Z, S�ALLE1yT1tuL _ h
Address -PO ZOX ash
CityBtLN AVIaN State 1y.C-
zip A781.0 JDay phone 915-91, L4 -4N'T
1�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 addressPw
'• ii.nnliC-Ci W-'1 IS �AKit7 wK�✓.
c7 �t / [7 � 1 � � • 2 LOCATION' OF :PROPOSED r
�Y
PItOJECT� t °�
a. Street address or secondarryy �road number
SMITH SWORF_c.' ZU iSR# 1`71A
b. City, town, community, or landmark
BEL0AVEN, N.C
.
(SN11Th�'oN�
c. County BEAWroR.T
d. Is proposed work within city limits or planning
jurisdiction? 1\10
e. Name of body of water nearest project
FUND O CM5:e;%G^
r x�
3 DESCRIPTION= `AND P x AN ED
� °USE OF 'PROPOSED=PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier). 11
YNSTAL1NG A i3VALY,664d APP.35FT,
Lo1u(�, Acmoss 1 l%a dud 01 A Mnn)
L t 5'Ft�
tO HIMiz `1-hE 3u.V10 =_ b
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both!
c. Will the project be for community, private, or
commercial use?
Ri VANE
d. Describe the planned use of the protect.
TNG2�-As-� 1"1�TRANC� A14d TU9NktA$
A EA of MY F�RIVATE ow N1=D
IZL S Icl✓=14GE ,
��C LAND 'AND I WATER` `4
1x .,
CHARACTERISTICS'
a. Size of entire tract 30000 80-t T.
b. Size of individual lot(s) 3 0 o0 o SQ,4'r.
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum App. a Fr. 2 tv.
d. Soil type(s) and texture(s) of tract �1a,D
e. Vdgetation on tract sCUE,ti rz:MudA
lY P S
f. Man-made features now on tract - L
T E a
g. What is t e LAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
✓ Developed Community
Rural - Other
h. How is the tract zoned E�by local government?
/`Zc3 /1IElyTl ifL
i. How are adjacent waters classified? _' 2
j. Has a professional archaeological survey been
carried out for the tract? tV Z
If so, by whom?
�5 ,UPLAND iDEVELOP
Complete this section if the project includes any
upland development.
a. Type and number 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.) IV4
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 sedimen-
tation 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 im-
permeable surfaces, such as pg�ement,
buildings, or rooftops. /Y

g. List the materials, such as marl, paver stone,
asphalt, or concrete to be used for paved
surfaces. /�w
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? /✓A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
/11
b. Amount of material to be excavated from
below water level in cubic yards /V/9
c. Type of material NA
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands? NA
e. High ground excavation, in cubic yards /V,4
f. Dimensions of spoil disposal area /V/J
g. Location of spoil disposal area IVA-
h. Do you claim title to the disposal area?
j. Have these facilities received state or local
approval?
l k. Describe existing treatment facilities.
i.
1•
1. Describe location and type of discharges to
waters of the state (for exampleysurface 'runoff,
k.
sanitary wastewater, industrial/commercial
effluent, or "wash down"). 1V14
1.
In.
n.
gym. Water supply source L't
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access. i/#
o.
P.
q•
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? 114-
6 E�X7CAi7ATION AND FILL
> 11 F0RMATION r ^ . •a•
i.�
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-,
�L
water, pier,
ramp,
rock jetty)
Fill placed in
wetland or below
MHW qv /lam j�c
Upland fill
rr
areas
Length Width Depth
mom
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance?/ /VA -
If so, where? /YA
Does the disposal area include any marshland,
swamplland,lor water areas? N�
Will the fill material be placed below mean
high water? 4 e
Amount of fill in cubic yards 42'6 Y�4�a_5
Type of fill material 3 ,cK.Cava=e e- Sc�.Zks
Source of fill material 6.'t-'
Will fill material be placed on marsh or other sv.,4
wetlands? N.(n
Dimensions of the wetland to be filled NA
How will excavated or fill material be kept on
site and erosion controlled? ] , u �u� -_
PZop0a"ED-
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge). luni�o �'RuaK . Tizwc�b ez
i�v �IAS� VYI KIT'ETLAL •cL DEL 1utlSo�i..
s. Will wetlands be crossed in transporting equip-
ment to the project site?Kh-- If yes, explain
the steps that will be taken to lessen en-
vironmental impacts. 1\14
;? SHORELINE STiABILIrZATLON
a. Length of bulkhead or riprap A&9 JZ_� i=r�l"
b. Average distance waterward of mean high water
or normal water level_ 25 FeeT
c. Shoreline erosion during preceding 12 months,
in feet r o o DE
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water mil ') c3
f. Type of fill material , Q:ni nan e�malw % LAI
FGG��o04� / L

8 ADDITIONAL IVFORIvIATIO_N
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 property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion 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 8 V/z 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel 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 com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name_
Address
Name 7 L Jf/an!!1✓19�_n
Address _ 77 =4 Z Z50X M--
.G�
Name N C r. O E3 ►-
Address t/co fm �•C
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
r - 5
9 CERTIFICATION AND PERMIS=
SION TO ENTER M'LANU
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed 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 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 ap-
plication and follow-up monitoring of project.
This is the day of
19_�.
X 022V2 J
LanVowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.

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