127-86 Bath Partnership

y. , o�o.oYaoo�o.oHo.ora
Permit Class
New STATE OF NORTH CAROLINA C
Department of Natural Resogr s-gnd Community Development
Ukn&
':�for
0 major ,De0clopttf�ntinI Yf 1.
'aa f viionmental
Concern'pUrsuattF-to_'�:}mil$
Excavation andf6cfi$i8gptiisuant to NCGS 113-229
IssuedtoBath Partnership, P. 0. Box 30122, Raleigh, NC 27612
Permit Number
127-86
JUN - 21986
authorizing development in Beaufort Countyat Bath Creek, Craven and Main Streets,
Bath, N. C. as requested in the permittee's application dated 4/16/86 including
attached plat, 1, dated revised 4/15/86.
This permit, issued on G 2 7, 9 b , 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 will be positioned an average of 2 feet waterward from the
normal water level (NWL) elevation contour at the time of construction.
Prior to construction, the proposed bulkhead alignment will be staked by
a representative of the Division of Coastal Management.
(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) Vegetated wetlands will not be filled.
(5) 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.
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. 1989
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
tional Condit
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
ZZ
David W.6wens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bath Partnership
ADDITIONAL CONDITIONS
Permit #127-86
Page 2 of 2
(6) At least five days prior to the initiation of bulkhead construction, the
permittee shall notify Mr. Gerald Butler, Site Manager, Historic Bath, P.
0. Box 148, Bath, N. C. 27808 (919/923-3971). Mr. Butler will monitor
the planned bulkhead construction.
(7) At any time during the construction or land disturbing activities associated
with the construction, if archaeological features or stains which might
be historically significant are identified, construction activities will
be suspended until the significance of the remains have been determined
by a professional archaeologist.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.
NOTE: In keeping with the provisions of GS 146-6(c) the State Property Office
of the Department of Administration has granted authorization to fill
State-owned submerged lands as described in this permit.

a'
DEPARTMENT OF THE ARMY
L� WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
• WILMINGTON, NORTH CAROLINA 28402-1890
May 16, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO86-N-007-0261
MAY 2 7 1986
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:
Reference the application of t e Bath Partnership represented
by Messrs. John Y. Phelps, Robert L. a e0Rogers, for a
Department of the Army permit to construct and backfill a bulkhead
on Bath Creek, Bath, 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 not be positioned farther waterward from
the normal water level (NWL) elevation contour than an average of
2 feet.
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. Vegetated wetlands will not be filled.
e. The activity will be conducted in such a manner as to
prevent a significant increase in turbidity outside the area of

i ��
1 q�1..

-2-
construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less are not
considered significant.
f. If the permittee discovers any previously unknown historic
or archeological remains while accomplishing the authorized work,
he will immediately notify the Wilmington District Engineer who
will initiate the required State/Federal coordination.
Questions or comments may be addressed to Mr. Ken Jolly,,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
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
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
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

IN REPLY REFER To
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. box 1000
WILMINGTON, NORTH CAHOLINA21A02.1000 21Q
�F
SUBJECT; File No. SAWCO &G - q/. Qp2.02fy/
Applicant�� � �oy�j1 1
j/• TJ`_
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pavers Island
Beaufort, North Carolina 28516
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Willium L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 3U365
Ms. Nora Murdock
U. S. Fish and Wildlife Service
Endangered Species
100 Otis Street, Room 224
Asheville, North Carolina 28801
Gentlemen;
.
qy 7 3 N6
----------------------
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community. Development
Post Office ,lox 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 Carolina Division of
Coastal Management
Pursuant to SAWC080-N-000-0291, the CAMA-Corps general
permit/processing agreement, a State Field Investigation Report is
enclosed. Your comments d/or re�mmendations would be
appreciated on or before
Questions or comment may be addressed to V V'
Regulatory Branch, telephone [phone]&ffZ
Sincerely,
—'2e,Gf/ 4L,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

N ' A �• � V
Q � MAY - 1 1986
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
S. Thomas Rhodes, Secretary
30 April 1986
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
FAST TRACK
The attached copy of an application submitted by:
Bath Partnership
Applicant's Name
David W. Owens
Director
Tbwn of Bath Historic District, Bath Creek Beaufort County
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
X for a CA11A 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.
(V S'ncerely,
c�•
Charles S. Jones, ief
Field Services Section
CSJ:ap:3566
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

(A) this agency has no objection to the project as proposed.
(B) This agency has no comment on the project as proposed.
x (C) This agency approves of the project (or project concept") and/or recommends
these minor refinements for project management. (1) Prior to construction the
Proposed bulkhead alignment will be staked by a representative of the
Division of Coastal Management.
(D) This agency objects to the project
finding of:
and recommends permit denial based on a
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e)(1) ... 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 of the use
and enjoyment of the property of
of the water by the public;
any riparian owners;
(e)(3) ... that there will be significant
(e)(4) ... that there will be signifi-
adverse effect on public health,
cant adverse effect on the con -
safety, and kelfare;
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;
(1) Inconsistency with Rules of
the Coastal Resources Commission
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.
Signature
Li-3D-g4
Date

OFFICE OF COASTAL MANAGEMENT FAST TRAGIC
FIELD INVESTIGATION REPORT
1. Applicant's name Bath Partnership
2. Location of project site Beaufort County, Town of Bath, Bath Historic District,
Bath Creek - Photo 12-17- , ,
3. Investigation type: Dredge 6 FillCAMA X
4. Investigative procedure: (A) Dates pf site visit 4-22-86
(B) Was applicant present No
5. Processing procedure: Application received 4-21-86 Office Washington
6. Site description: (A) Local Land Use Plan Town of Bath
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 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, pier
Planned Bulkhead
(G) Estimated annual rate of erosion ± 2' Source DCM staff observation
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
None N/A N/A
(B) Non -vegetated wetlands:
(C) Other:
Open water landward of
bulkhead
(D) Total area disturbed:
+ 220 sq.ft.
+ 220 sq.ft.
8. Project summary, The applicant is proposing to construct a 110' long bulkhead which will
average + 2' beyond the NWL, within the Town of Bath Historic District.

Environmental settin
The applicant owns a 125' x 64' lot within the Town of Bath Historic District on
Bath Creek. Located on the property is a single family framed dwelling which is
served by an existing septic tank sewage disposal system, and a private pier. The
adjacent property to the north of the applicant's is bulkheaded, and the adjacent
property to the south is stabilized by riprap.
Erosion is occurring on the applicant's property which is evident by a defined erosion
scarp.
No wetland vegetation is located on the property.
Proiect proposal
The applicant is proposing to construct 110' of bulkhead to stabilize his shoreline.
The bulkhead will average + 2' beyond the MM, and will be + 7' beyond the NM at the
furthest point. When completed, the confined area landward of the bulkhead will be
backfilled with materials from an upland source.
Environmental inpact
The project as proposed should have a minimal environmental impact. + 220 sq.ft. of
open water area landward of the bulkhead will be filled.
No wetland vegetation will be excavated or filled.
David L. Gossett - Washington Office - 30 April 1986

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14GI2) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is clot applicable, so indicate by placing N/A in blank.
Bath Partnership
1. Applicant Information
A.
Last First Middle
B. Address D n M_ oninn
Street, P. O. Box or Route
City or TownState
II.. Location of Proposed Project:
A. County Beaufort
B. 1. City, town, community or landmark Rath. N.C.
2. Is proposed work within city limits? Yes X No
Zip Code
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Bath Creek
Ill. Description of Project
A. 1. Maintenance of existing project N/A 2. New work
B. Purpose of excavation or fill
I. Access channel- NIA length width depth
2. Boat basin N/A length width depth
3. Fill area N/A length width depth
4. Other N/A length width depth
C I. Bulkhead length 1101 Average distance waterward of MHW (shoreline) 7 01
2. Type of bulkhead construction (material) Wood
D. Excavated material (total for project)
1. Cubic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards MIA 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated, include any marshland, swamps or other wetland? Yef No X
B. Does the dispersal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area it/A
1. Location— NIA
2 Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in S9i1
E. How will excavated material be entrapped and erosion controlled? N+/ A
I ype of equipment to be
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
DS F-B 1
Rev. 10!'8

C!. Intended Use of Project Area (Describe)
A. 1. Private. Private
C. Commercial— Nn
3. Housing Development or Industrial
4. Other N/A
B. 1. Lotsize(s) 115 x 64 Aspraop
2. Elevation of lot(s) above mean high water_ L to 12 ft
3. Soil type and texture Sandy loam
4. Type of building facilities or structures Frame. Pxistina
S. Sewage disposal and/or waste water treatment A. Existing Fyi Ming Planned
B. Describe Septic Tank
6.' Land Classification'(circleone)-i�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_ No v
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.y_
2. Type of discharge None
3. Location of discharee_ None
VI 1. Present rate of shoreline erosion (if known): 1 to 7' Per vpar
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: Pprmi t T.,ag gnttpn to h ii 1 d pi ar, as qbprint-, T 13 1275
IX. Length of time required to complete project: Six months
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (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 carry out the project on his land.
B. Attach an accurate work plat drawn to scale on g% X 11" 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 comments to agencies listed below.
XI. Certification requirement: 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.
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,.aridiand clearing. _
DATE April 16, 1986
Applicant's Signature
RM 10/78
1SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Bo% 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 6, 1986
IN MtrLT NtrtN I
Regulatory Branch
SUBJECT: File No. SAWC086-N-007-0261 '� ` JE!D
Bath Partnership
c/o Mr. John Y. Phelps,
Mr. Robert L. Mabe and
Mr. Bob C. Rogers
Post Office Box 30122
Raleigh, North Carolina 27612
Gentlemen:
On February 6, 1986, we renewed general permit No. SAWCO80-N7
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 April 22, 1986, for a
Department of the Army permit to construct and backfill a bulkhead
on Bath Creek, Bath, Beaufort County, North Carolina, indicates it
to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of
Coastal Management. 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. SAWCO86-N-007-0261 and will be coordinated by Mr. Ken
Jolly. He is available to address questions or comments you may
have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure