187-87 Cox, Herbert

Permit Class Permit Number
NEW STATE OF NORTH CAROLINA 187-87
Department of Natural Resou cgs:and Community Development
Coastal.ReSouice Cottt7Wssion r1 j7 n
i SEP 2 2i 1987
it!
0 Major Development in at'_ (irmironmental ----------------------
Concer----------------------
Concernptjtsuant to-h1 _ 3'A
© Excavation and/or filTingpusuant to NCGS 113.229
Issuedto Hernert LOX RUttln Hewitt dna marlin waters, 3108 lnnps Franklin Rd , Raleigh, N
authorizing development in Beaufort County at the Paml i rn River and a man—made
canal near Burbage Crossroads as requested in the permittee's application dated 7/-1_/R7 inrlmling
attached plats 4, location sheets 1-2 of 2 and rross certinnc datpd rprpiyed 8/5/R7
g
This permit, issued on zz" 7 , 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 on the man-made canal will not be positioned farther than an
average of 2 feet from the normal water elevation contour. The bulkhead
on the Pamlico River will not be positioned farther waterward than an average
of 7 feet from the normal water elevation contour.
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) Earthen plugs will be left between the man-made canal and the basins until
excavation landward of the plugs has been completed. To prevent unnecessary
sediments from reaching the Pamlico River, 24 hours will be allowed to elapse
before the plug is removed.
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
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.
j/a�ft����
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pernittee

Cox, Hewitt, 6 Waters
ADDITIONAL CONDITIONS
Permit # 187-87
Page 2 of 2
5) All excavated materials will be confined landward of the normal water elevation
contour and any irregularly flooded vegetated wetlands.
6)
Vegetated
wetlands
will not
be excavated
or
filled.
7)
Excavation
will not
exceed
6 feet below
the
elevation of normal water.
8) The disturbed areas will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project completion.
9) 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.
NOTE: Future development on the permittees' properties may require a modification
to this permit. Contact a representative of the Division of Coastal Manage-
ment for this determination prior to commencement of any such activities.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.

(isAUG 0 51987
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
4 August 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:
Herbert Cox, Ruffin Hewitt, Marlin Waters
Applicant's Name
David W. Owens
Director
rsurnage CTossroads Beaufort County
3cation 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
S•ncer-elyy_,
Charles S. Jones, ief
Field Services Section
P.O. Bm 27697, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity A(Nrmatme Action Employer

Fi
(A) this agency has no objection to the project as proposed.(NO OONDITTONS)
(B) This agency has no comment on the project as proposed.
(C) This agency approves of the project (or project concept) and/or recommends
these minor refinements for project management.
(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)(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 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 (e)(4) ... that there will be signifi-
adverse effect on public health, cant adverse effect on the con -
safety, and welfare; 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.
igna ure
Date

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Herbert. Cox, Ruffin Hewitt; Marlin Waters
2. Location of project site BeaufortCounty,'Burbage Crossroads, Pamlico -River
photo # 74-983, 12-19-84, N-i , O} 18, P-19-
3. Investigation type: Dredge 6 Fill " X ' CAS X
4. Investigative procedure: (A) Dates of site visit 6-4-87
(B) Was applicant present�o'
5. Processing procedure: Application received 7-20=87 Office_ Washington
6. Site description: (A) Local Land Use Plan Beaufort County
Land classification from LUPConservation
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 X No Other
(D) Intended use: Public Private X Commercial
(E) Type of wastewater treatment: Existing 'Septic tanks
Planned None
(F) Type of structures: Existing. 'One single family dwelling
Planned Bulkhead nncaihly twn aHdll innal sinn•la family dwelling in future
(G) Estimated annual rate of erosion ± 4 Source DCM staff observation
7. Habitat description:
(A) Vegetated wetlands:
None
(B) Non -vegetated wetlands:
(C) Other:
AREA
Dredged Filled Other
N/A N/A
Open water
Highground — , sq.
(D) Total area disturbed: ±± 1�.
+ 2,827 sq.ft.
± 2,827 sq.ft.
B. Project summary The applicants are orornosing to cnnstrnct S71' of bulkhead and to
excavate two boat basins.

Rivironmental settin
The three applicants each own a 0.75 acre lot, one of which is on the Pamlico River
and a manmade canal, the other two are on a manmade canal. The lots have an average
elevation of 5.0' above the normal water level. Located on one of the canal lots
is a single family dwelling. The other two lots have no dwellings but may possibly
have in the future. No wetland vegetation is located on any of the lots. The two
canal lots (+ 234' of shoreline) have an erosion rate of + 2' annually. The lot
which is located on the Pamlico River and the canal (+ 337' of shoreline) has an
annual erosion rate of + 7' along the river shore and -a rate of + 2' along the
canal shore.
Project proposal
The applicants are proposing the following:
(1) To excavate two boat basins in highground attached to the manmade canal. Basin # 1
will be 45' by 30' by -6' at normal water level. Basin # 2 will be 25' by 18' by -6' at
normal water level. Spoils from both basins will be placed on highground.
(2) To construct 571' of bulkhead. The bulkhead along the canal will average + 2'
beyond the normal water level, and the bulkhead along the Pamlico River will average
+ 7' beyond the normal water level. At two locations along the canal sections of
highground will be excavated (see plats) to square the properties.
Environmental impact
The project as proposed should have a minimal environmental impact. + 2,827 sq.ft.
of open water area will be filled landward of the proposed bulkhead, and + 1,970
sq.ft. of highground area will be excavated.
No wetland vegetation will be excavated or filled.
David L. Gossett - Washington Office - 4 August 1987

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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 N/A (not ap-
plicable). Items 1-4 and 8.9 must be completed for
all projects.
d. Describe the planne use of the project.
— 1
r
a. Size of entire tract_— �-A— r9cY�S
�)
! �� %2r ��� s /
Name
b. Size of individual lot(s) _ 1 7 .4GYea-0--
a
Address 3 I 0 vi v IC PP �
c. Elevation of tract above mean sea level or Na-
City_ State C '
tional Geodetic Vertical Datum 7', D '
Zip 'Q7L 6 JDayphone 4� �%�6
d. Soil types) and texture s) of tract o —
`' Landowner or Au horized agent
b. Project jro
Ave_ Sw o
e. Vegetation on tract _ o r1155
name (if any) "
�V p6 o v-r+ is
c. If the applicant is not the landowner, also give
f. Man- d features now on tract
the owner's name and address.
N
g. What is the CAMA Land Use Plan Classifica-
97-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
G
�2 IACATiOWOR I?SOPOSED a
Developed Community
Rural Other
h. How is the tract z�d b y local government?
a. Street address or seconds roa number
i. How are adjacent waters classified?
po r6 N c X — A
j. Has a professional archaeological syrvey been
b. City, town, community, or landmark
carried out for the tract? yo
If so, by whom?
R.T: i j WAm /(. C I
c. County -bean
d. Is proposed work within city limits or planning
tC Jr�UPL�AND DEVELOP.° X
jurisdiction? /�O
Z
L+h✓ ru`.._Y:�..i y"ii1w.+�c3 �}-if.h..i_'•.'r, .€�w
e. Name body of water nearest project
Complete this section if the project includes any
Arn l � Go R �
upland development.
a. Type and number of buildilnyQs, facilities, or
structures proposed �✓Aq_
�+ (�7] a .ar:slT.�.r, r
pmQ
q!17iOOiVL�`atifr.aW �"�L'L.s.
b. Number of lots or parcels
a. Describe all development activities you propose
c. Density (Give the number of residential units
(for example, building a home, motel, marina,
and the units per acre.) 44/s9—
bulkhead, or ier).
/p, e4 J —yam ,2 Fo, ; rT—
d. Size of area to be graded or disturbed /A
e. If the proposed project will disturb more than
one acre of land, the Division of Land
If you plan to build a marina, also complete
Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2.
tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex-
disturbing activity begins. If applicable, has a
isting projec�t,/mew work or both?
0,�~k
sedimentation and erosion control plan been
—mot `
submitted to the of Land Resources?
c. Will the project be for community, private, or
/ivision
Fj
commercial use?
f. Give the percentage of the tract within 75 feet
j/dTe
of mean high water to be covered by im-
permeable surfaces, such as payment,
I�E��
buildings, or rooftops.
.�, t�ew:IT
3_ fY14,4:

g.
List the materials, such as marl, paver stone,
b.
Amount of material to be excavated from
asphalt, or concrete, used for paved
3
below water level in cubic yards
surfaces. /
c.
Type of material 5ano
d.
Does the area to be excavated include arsh-
h.
If applicable, has a stormwater management
land, swamps, or other wetlands7 NO
plan been submitted to the Division of En-
e.
High ground excavation, in cubic yards S_
vironmental Management? Al-14
f.
Dimensions of spoil disposal area o?
i.
Describe proposed sewage disposal and/or waste
—
g.
Location of spoil disposal area YD0 t14
water facilities.
Y
Zaatment
�J
h.
Do you claim title to the disposal area?
j.
Have these facilities received state or local
If not, attach a letter granting permission from
approval? rLr_S
the owner.
k.
Describe existing treatment facilities.
i.
Will a disposal area be available for future
YeFc�/ To 1.
maintenance? i, e5
If so, where? 19 Y�1 H orTim�r. risl of ) 5T
j.
any
Does the disposal area include marshland,`' l
1.
Describe location and type of discharges to
swam011and,'or water areas? 0
waters of the state (for example?, surface runoff,
k.
Will the fill material be placed below mean
sanitary wastewater, industrial/commercial
high water? O
effluent, or "wash down"). zVo"
1.
Amount of fill in cubic yards s
m.
Type of fill material_S x!
n.
Source of fill material C'an7y4c ys grow P '. I
m.
Water supply source
o.
Will fill material be placed on marsh or other
n.
If the project is oceanfront development,
wetlands? /VO
describe the steps that will be taken to main-
p.
Dimensions of the wetland to be filled
tain established public beac accessways or pro-
q.
How will excavated or fill material be kept on
vide new access./�Q-
sit and erosion controlled? .S: lT - n Gr A!J
e o
o.
If the project is on the oceanfront, what will
r.
What type of construction equipment will be
be the elevation above meanzsea level of the
used (for example, dragline, backhge, or
first habitable floor? �V /f�
hydraulic dredge)? ��Ac%� he -e
6 EXCAVATION AND FILL
IN
s.
Will wetlands be crossed in nsporting equip-
r
,FORMATION
:. , , _
ment to the project site? If yes, explain
the steps that will be taken to lessen en -
a.
Describe below the purpose of proposed excava-
vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
a Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
i
k 7 SHORELINE STA
.S 7/ a. Length of bulkhead or riprap
b. Average distance wale d of pean hjgbw.water
or normal water leve -.2
c. Shoreline erosion durint preceding 12 months,
in feet .1 '
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be lacej�
below mean high water IR 313 S1
f. Type of fill material _,'rA&- lsJC�t ik
Upland fill
areas

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 cant' out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Sh 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—/'W4LLO SS
Address
Name r _ '
Address (1 A' nr 3 Al"
Name
Address
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).
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 _L day off
19-11,.�f / /f
X / d' , d"
Landowner or Authorized agent AJP-t-7- -gov—
pwti,er
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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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS AUGXtj
P.O. BOX 1890l%!V
WILMINGTON, NORTH CAROLINA 28402-1890
August 27, 1987 ----------------------
IN REPLY REFER TO ,
Regulatory Branch
SUBJECT: File No. SAWC087-N-007-0507
Mr. Herbert Cox, Mr. Ruffin Hewitt and
Mr. Marlin Waters
3108 Jones Franklin Road
Raleigh, North Carolina 27606
Dear Messrs. Cox, Hewitt and Waters:
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 August 5, 1987, for a
Department of the Army permit to excavate two basins and construct
and backfill bulkheads on the Pamlico River, near Burbage
Crossroads, 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. SAWC087-N-007-0507 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

—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
�1 Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889
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
Habitat Conservation Division
Pive'rs Island
Beaufort, North Carolina 28516
Ms. Beverly Etheridge, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365