92-91 Bortz, Robert

Permit Class Permit Number
NEW 92-91
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
Permit
t.
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to r<ouerr u auri.c
nuuee i
oun a�uouse, ,..
�..,...,
authorizing development in
Beaufort
Countyat Saint
Claire Creek,
Cones Gut off of
9/1Q/01
SR1
inr
This permit, issued on June 7, 1991 , 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.
Pier Construction
1) The 145' section of pier will be aligned to be no greater than 10' beyond the
NWL at any point along its alignment. The alignment of this pier will be
staked by a representative of the N. C. Division of Coastal Management prior
to its construction.
2) The 70' section of pier will be aligned no farther north than the existing tie
piling located to the east of the existing pier. This alignment must be
established by a representative of the N. C. Division of Coastal Management
prior to construction.
3) The sections of piers that are crossing coastal wetlands will have a maximum
width of 6'.
(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
December 31. 1994
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 DEHNR and the
Chairman of the Coastal Resources Commission.
� e oger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemrittee

Robert 0. Bortz
ADDITIONAL CONDITIONS
Permit #92-91
Page 2 of 2
4) The pier shall have a minimum setback of 15 feet between any parts of the
structure and the adjacent property lines as extended perpendicular to the
channel into the water at the points where they intersect the shoreline.
Pier Use
5) No sewage, whether treated or untreated, shall be discharged at any time from
boats using the docking facility. Any sewage discharge at the docking
facility shall be considered a violation of this permit for which the
permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
6) This permit authorizes only the piers located in or over the water that are
expressly and specifically set forth in the permit application. No other
structures, whether floating or stationary, may become a permanent part of
this docking facility without permit modification. No non -water dependent
uses of structures may be conducted on, in, or over public trust waters
without permit modification.
7) No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work. Use
of the permitted activity must not interfere with the public's right to free
navigation on all navigable waters of the United States.
8) The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having the permit transferred to a third party.
General
9) A permanent ground cover sufficient to restrain erosion will be provided on
all exposed areas within the shorter of 30 working days or 120 calendar days
after project completion.
10) Appropriate erosion and sedimentation control devices, measures, or structures
will be used to prevent sediment from entering the adjacent
wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand
fence, etc.).
NOTE: The permittee is required under Rules of the Environmental Management
Commission to file for and receive an NPDES Permit for fish processing
wash down water discharge. He should immediately contact the Division of
Environmental Management at 919-946-6481 on this matter.
NOTE: Stormnwater control plans for the project site must be reviewed by the
Division of Environmental Management. Contact that agency at
919-946-6481.

r
n3
APPLICATION TRANSMITTAL/PROCESSI2iG RECORDfl
//✓�
A) Applicant: K-A')vQh-L b�, County.
Location of Project: lJ�— Yam'
Date Application Received Complete' by Field: a oZrJ'Q�
Field Recommendation: Attached h To be Forwarded
Field Representative: Ot kd tdAIZ� District Office: m
District Manager Review: i
B) Date Application Received in Raleigh:
Public Notice Rec'd:
Adj. Rip. Prop Notices Rec'd:
Application Assigned to:
C) 75 Day Deadline:
D)
Mail Out Date:
Federal Due Date:
Permit Final Action: Issue
Fee Rec'd: $
End of Notice Date:
Deed Rec'd:
on
150 Day Deadline:
State Due Date:
Fed. Comments Rec'd on
Deny Draft on
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management District Office
Division of Comm. Assistance
Land Quality Section
Div. of Env. Management
State Property Office
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries

Robert 0. Bortz
Beaufort County
CONDITIONS
(1) No sewage,.whether treated or untreated, shall be discharged at any time
from boats using the docking facility. Any sewage discharge at the docking
facility shall be considered a violation of this permit for which the permittee
is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
(2) This permit authorizes only the piers located in or over the water that are
expressly and specifically set forth in the permit application. No other
structures, whether floating or stationary, may become a permanent part of this
docking facility without permit modification. No non -water dependent uses of
structures may be conducted or., in, or over public trust waters without permit
modification.
(3) The pier shall have a minimum setback of 15 feet betwee❑ any parts of the
structure and the adjacent property lines as extended perpendicular to the
channel into the water at the points where they intersect the shoreline.
(4) No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work.
(5) The authorized structure and associated activity must not cause an
unacceptable interference with navigation..
(6) The 1?5' section of pier will be aligned to be no greater than 10' beyond t.e
N11L at any point along its alignment. The alignment of this pier will be staked
by a representative of the N.C. Division of Coastal Management prior to its
construction.
(7) The 70' section of pier will be aligned no farther north than the existing
tie piling located to the east of the existing pier. This alignment must be
established by a representative of the N.C. Division of Coastal Management prior
to construction.
(8) The sections of piers that are crossing coastal wetlands will have a maximum
width of 6'.
David L. Gossett - Washington Office - 7 March 1991

Ul V.LJ.LVLY VC l.V� 1•JLILYHVGL•1G1Y1
FIELD INVESTIGATION REPORT SPCS-2682400,621500
* * * * * Upper Left Corner
1. APPLICANT'S NAME Robert Bortz (Owens & Son Seafood)
2. LOCATION OF PROJECT SITE Beaufort County, off of SR 1737, Saint Clairs
Creek, Cones Gut, no photo
3. INVESTIGATION TYPE: DREDGE &.FILL LAMA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 2-27-91.'
(B) WAS APPLICANT PRESENT Yes
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 2-25-91'
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 X PUBLIC TRUST WATERS X
ESTUARINE WATERS OTHER
(C) WATER DEPENDENT: YESX NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL C
(E) TYPE OF WASTE WATER_TREATMENT- EXISTING S6ptic tank
PLANNED None
(F) TYPE OF STRUCTURES:` EXISTING Seafood shipping facility '(under construc
Retaining wail' (under* Construction) Planned - Pier system
(G) ESTIMATED ANNUAL RATE OF EROSION NA SOURCE NA
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
None
(B) NON -VEGETATED WETLANDS:
(C) OTHER:
Land disturbance + 0.962 acre
(D) TOTAL AREA DISTURBED: + 0.962 acre
8. PROJECT SUMMARY: The applicant is developing a searood snipping racilicy
which will consist of piers and associated buildings.
:•r

Environmental setting .
The applicant is leasing a 0.962 acre tract of land in Beaufort County off of. SR
1737 near the Sidney Cross -Roads Community. The property is adjacent to Saint
Clairs Creek and Cones Gut, a tributary of Saint Clairs Creek. Both of these
water bodies have an inland water classification. Therefore, there is no
Estuarine Shoreline AEC present. The property which has an elevation which
varies between 3 to 6 feet above the NWL appears to have been used historically
for agriculture. Adjacent to Cones Gut there is an area which is ± 185' in
length by ± 20' in width which is vegetated with coastal wetlands. The marsh is
dominated by Spartina cynosuroides and Juncus roemerianus.
At the present time the applicant is in the process of constructing _a retaining
wall between the coastal wetlands and highground so that land disturbing
activities which are presently being conducted will 'result in no erosion into
the wetlands. Also at the present time the applicant is constructing a seafood
shipping building. When completed the building will be ± 60' long by ± 50' wide
and will consist of three coolers and other facilities. A septic tank sewage
disposal. system and well have been placed on the property to serve the facility.
Also present on the property is an existing ± 50' pier which extends into Saint
Clairs Creek.
Project proposal
The applicant is proposing to construct a pier system in Saint Clairs Creek and
Cones.Gut for boat mooring to supply the seafood shipping facility. The main
portion of the pier will extend in an east -west direction for 145' parallel to
and 10' waterward of the marsh fringe within Cones Gut: At the western end, the
pier will turn in a northwest direction for 70' into Saint Clairs Creek. The
pier will be connected to highground at three locations; a 25' connection at the
70' and 145' intersection, and two locations (25' and 45') across the coastal
wetlands near the shipping facility. The water depths near the pier system have
an average depth of -3' below the NWL.
Once the shipping facility is completed the parking area will be covered by
gravel.
Environmental impact
The project as proposed should have a minimal environmental impact. No wetlands
will be excavated or filled. The only.wetland'disturbance will be the placement
of pilings within the wetlands at two locations.
No excavation or filling activities are proposed within Public Trust Areas. The
only disturbance will be the placement of pilings and then the increased boat
usage. The existing water depths will control the size of the boats to use the
facility.
David L. Gossett - Washington Office - 7 March 1991

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 84
must be completed for all projects.
1, APPLICANT
a. Name 1Sober-F O BoA z
Address R r I Goy 3 q H
City 13A -r State N .0
'Zip27FM& Dayprio e qG`i -2-3/y
LESS Ei=
I hmiaduwneror Authorized agent
b. Project name (if any) Ow en s + .Snn
c. If the applicant is not the landowner, also give the
owner's name and address.
Rol -)err MAYO Ross
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
R D 1737
b. City, town, community, or landmark
Si-nn.aY Crncs ROr
c. County R en r, r-o r7-
d. Is proposed work within city limits or planning
jurisdiction? JV n
e. Name of body of water nearest project
1; CLari2s' CRFEK
Co/vas, OUT-
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). uilrl; r� 31c1' Lonry -,cG
J-
iGr r'nclnr�lin.o ;ir P'Prc iz'or boa
J.
�nrn,n ,i �(J�/`.o'rni ni�n'n''UialL'�'h PTwPPn
Wenond rand h,�k ro/nd. end ri'23o0
S�, Ft hyi ldrn� on ir�aroun l
If you plan to build a marina, also complete and .
attach Form DCM-MP-2. _
b. Is the proposed.activity maintenance of an
existing project, riew work, or.both?,." � .
]\IPw tvnrl!
c. Will the project be for community, private; or
commercial use? "
C'orr,rhercia( USe
d. Describe the planned use of the project.
I n n hose it aio'ood From
�nrrzl 1=,'sL,Prmran -
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 6), q Co 2 Rcra F_
b. Size of individual lot(s) N A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
S',4nn( Y
e. Vegetation on tract
f. Man-made features now on tract
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
_Developed , Community
_Rural Other
h. How is the tract zoned by.local government?
No Zon2irro
i. How are adjacent waters classified?
/-/,-wo w/-irpsrrzs
j. Has a professional archaeological survey been
carried out for the tract? /Q rJ If so, by whom?.
12/R9

t`
k
j.
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type'and number of buildings, -facilities, or
stntctures proposed i Rf; i l d i 2p Pie r
Re r/+i'IurNG GJ,a U
b. Number of lots or parcels /V
c. Density (Give the number of residential units and the
units per acre.)
m. Water supply source Eysit•ri.� 'rue,((
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
d. Size of area to be graded or disturbed o
30Qo-s# Fr
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? IV/4
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.
17Sh' SR -FT iu-LnrNr
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
ConcrPr
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Exsicrin�g C'P12iir •'MWC
j. Have these facilities received state or local approval?
Yes
k. Describe existing treatment facilities.
! � kivlc
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 (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
3io
G .
Fee!-
Feer
b. Amount of material to be excavated from below
water level in cubic yards 1�
c. Type of material 14
d. Does the area to be excavated include marshland,
1. Describe location and type of discharges to waters of swamps, or other wetlands., NA
the state (for example, surface nmoff, sanitary.
wastewater, industrial/commercial effluent, "wash e. Hi h round excavatior. in cubic yards
down'). inrxnro ron bf-F c.iasl t/nu,n — g. g' NY{
p;.vl2/89

f. Dimensions of spoil disposal area
N/+
g. Location of spoil disposal area NA
h. Do you claim title to the disposal area?
. If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? NA
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? NA
1. Amount of fill in cubic yards NA
m. Type of fill material N A
n. Source of fill material N A
o. Will fill material be placed on marsh o; other.
wetlands? N /}
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)? N /)
s. Will wetlands be crossed in transporting equipment
to project site? _ If yes, explain steps that will
be taken to lessen environn}enimpacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead orriprapRarartymr, wroi
b: Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 months, in
feet NA
d. Type of bulkhead material • Woo o
e. Amount of fill, in cubic yards, to be placed below
mean high water N/+
f. Type of fill material
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 (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 comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
r 3

Name
Address
Name
Address
Name
Address
Romer T Yho•yo doss
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 Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas..
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. 1118 -1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this applicatiormill
allow only the development described in the application.,-.-,
The project willbe_subjeet 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-
proved Coastal Management Program and will be con-
ducted 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 application and follow-up monitoring of
project.
This is the 11 day of Pen.
Xo t3a�--
Landowner or Authorized agent
PF`1289

rzjg
i i.G �. BONES_
l
\off j
4 L` w-
GnAvEr-
A14RSH �
SFAFDoD S14XFsN6
FACILrtY IWOER \
evwrriwo rr.» � 0 � 7
;Coo�r-a
COOLER
I '•' So' —� I is
17tr�r �, i

Si+xHr C�Atas carE plc
I /2 7/w,
r'•rl
J��- �i0 Peer
tm= = RFrAVAirN& /
© Lvhrer. Depth
E'keVirLNG WGLL
Jr
�f
01
P
i %OI
?�W JrlNla per 0 / ® 170� c4mn4le
CJ JQLI s r N cag e TAmc
Co,wr"S' Gvr
I
Robari /`%/,Yo a bSS
Q

f.

•: i�iitr f;nd,

T
G
�5
G�
J�
5
1732
Burbs9e
C•rzpssroads
1%32
1'735
(3rctf4vN� l
Ra n so�✓i 1,