122-75 Cutler, Guy

State of North Carolina Depai tmeut of Natural and Economic Resources t/I.�iSo
PERMIT Permit No. 122-75
TO EXCAVATE AND/OR FILL
(Re: G. S. 113-2129)
Issued to: Mr. Guy A. Cutler
P. O. Box 116 Bath North Carolina 27808
Street Town -City State -Zip Code
This permit authorizes you to excavate and/or fill in Beaufort County, N. C.
at Bath Creek as requested in your application
dated 6/6/75 & attached plats (2) , no date subject to the conditions set forth low.
* That the bulkhead must not exceed 5' from the normal high water mark at
any point along its alignment.
* That the fill material be seeded, grassed or otherwise stabilized within
four weeks of bulkhead construction to prevent undue erosion of the dike
with resultant solid materials entering adjacent water.
* That all backfill material be obtained for a high land source and
contained behind the proposed bulkhead.
* That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside of the area of construction or construction -
related discharge (increases of 25 JTU's or less are not considered
significant) .
THIS PERMIT WILL BE VOIDED AND WORK STOPPED IF THE ABOVE CONDITIONS AND THE
PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN
CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY. PERSONS FOUND
GUILTY OF A VIOLATION UNDER G. S. 113-229 ARE SUBJECT TO A FINE OR IMPRISONMENT,
OR BOTH.
This permit, (as approved with conditions), may be objected to by the applicant or by
interested State agencies within twenty days of the date of issuance by giving written notice to the
issuing office. If the applicant does not submit an objection, this will be interpreted as an agreement of
compliance with all permit conditions.
This permit must be displayed along with a copy of the application and the project map in the
cab (or pilot -house) of the vehicle working on the project, or be easily accessible on site to Department
personnel when the project is inspected.
Notify: Permit Section, Division of Marine Fisheries, Box 27687, Raleigh, North Carolina,
27611 when the project is completed.
Any maintenance work or additional work on the project subsequent to the termination of
this permit requires permit renewal and/or modification.
This permit shall terminate on
Issuing Date: August 25, 1975
FeiuY.HRs.�>'#"
December 31, 1976
Signed by the authority of the Secretary of the
Department of Natural & conomic Resources
OKF
Y
Edward G. McCoy, Commissio
Division of Marine Fisheries
(J

North Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
Mr. James T. Brown, Chief
Estuarine Studies Section
Division of Marine Fisheries
Box 769
Morehead City, North Carolina 28557
Dear Mr. Brown:
The attached copy of an application submitt
Applicant's
Location of Project
DIVISION OF
MARINE FISHERIES
EDWARD G. McCOY
DIRECTOR
BOX 276 7. RAI. EIGH 27611
TELEPHONE 919 A29-3767
RECEIVED
JUN�B1975
N. C. DEPT. NER
MARINE FISHERIES
-----------------
for a state permit to perform excavation and/or fill work in coastal North
Carolina is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on the
propos d work and return to the Division of Marine Fisheries not later than
i
Sincerely,
C �
L. Leo Tilley, Assistant Director
Division of Marine Fisheries
LLT:dah
(Please use reverse side for comments and signature.)

L— (A) This agency interposes no objection to the proposed work.
❑ (B) This agency objects to the project as proposed. The objection is
based
upon findings which lead to the conclusion that there will
be one
or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
❑
(e)(1)
... that there will be significant adverse effect
of the proposed dredging and filling on the use of
the water by the public;
❑
(e)(2)
... that there will be significant adverse effect
on the value and enjoyment of the property of any
riparian owners;
❑
(e)(3)
... that there will be significant adverse effect
on public health, safety, and welfare;
❑
(e)(4)
... that there will be significant adverse effect
on the conservation of public and private water
supplies;
❑
(e)(5)
... that there will be significant adverse effect
on wildlife or fresh water, estuarine or marine
fisheries.
(C) Agency findings relating to Item(s) A and/or B are hereby detailed.
❑ Detailed comments continued on attached sheet.
No objections to iss::ance of permit with following conditions: (1) That the bulkhead must
not exceed 5' from the normal high water mark at any point along its alignment; (2) That
the ditt material be seeded, grassed or otherwise stabilized within 4 weeks of bulkhead
construction to prevent undue erosion of the dike with resultant solid materials entering
adjacent marsh or water; (3) That all backfill material be obtained for a highland source
and contained behind the proposed bulkhead.
❑ (D) Comments are submitted that do not directly relate to item B but
are relevant to the public interest. (These comments will be for-
warded by the Department of Natural and Economic Resources to
appropriate State or Federal agencies.)
J. T. Brown
Signed
7-2-75
Date

STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES
Box 27687
i AMES E. HARRINGTON
SECRETARY
TELEPHONE
AREA CODE 919-8M 41H!41
Raleigh 27611
TAMES E. HOLSHOUSER. IR.
GOVERNOR
Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
July 2, 1975
MEMORANDUM TO - Jim Brown
From R. D. Nelson
Subject App. for State permit - Guy A. Cutler 6-10-75
Location - Bath Creek - Beaufort County
Investigative process - App. rec. Raleigh 6-18-75; Morehead 6-26-75. Site investi-
gated 6-27-75.
Environmental setting - The project site consists of an 85' by 223' lot located on
the west side of Bath Creek. A new brick dwelling has been recently constructed on the
lot, and the associated grading and filling has been completed. The fill has been
spread over the lot to within 20' of the creek shore. At this point the shore site
consists of grassed area with several large pine trees growing adjacent to the water.
The immediate shoreline exhibits some moderate erosion in that a shelf has been washed
out and numerous tree roots are exposed. A negligible amount of marsh is present in
the north corner of the lot, with the remainder of the creek front containig no emer-
gent or submergent vegetation.
Project description - The applicant proposes to construct a bulkhead and pier. A
bulkhead constructed from creosote timber is to be built along the shore front. Due
to the erosion on the southern portion of the lot, the bulkhead will be constructed
at a point 5' offshore for some distance of 851. It will then meet the shoreline at
approximate mean high water line. The applicant has determined that approximately
77 cu.yds. of fill material will be required to back fill behind the bulkhead.
Environmental impact - The proposed bulkhead will prevent further shore erosion. Ap-
proximately 425 sq. ft. of shallow water habitat will be converted to high land.
This amount of filling is routinely allowed when shoreline erosion is present. The
amount of marsh grass to be destroyed will be negligible.
Doug Nelson

State of North Carolina V s met
Department of Natural and Economic Resources Corps o eer
(Re: GS 113-229) (Re: River and I
J! iN I S 1975
Please type or print and fill in all blanks. If the information requested is not applicable, so
indicate by placing N/A in the -blank.
Applicant Information: pjy, OF UMUNE FISHLRItS: '
A. Name _ Cutler. Guy Abner
ast Rfirst '—Middle -
B. Address P. 0. Box 116
street, P.O. Box or Route -
Bath N.C. 27808 9Z3-892I
City or Town State Zip Code - Phone
Location of Proposed Project
A. County Beaufort
B. 1. City, town, community or landmark Bath Creek
2. Is proposed work within city limits? Yes No x
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Bath Creek
Description of Operation:.
A. I. Maintenance of existing,project 2. New work x
B. Purpose of excavation -or fill
1. Access channel' length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other bulkhead (see below)length width -depth
C. I. Bulkhead dimensions 104' x 8' x 6" (height 4' above, 4' below ground)
2. Type of bulkhead construction (material) creosote lumber
D. Excavated material (total for project) `
1. Cubic yards none 2. Type of material
E. Fill material to be placed below MHW (see also VI. A) I`
1. Cubic yards 77 2. Type of material topsoil and material from lot
Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes _No x '
B. Does the disposal area include any marshland? YesNo x
C_ Disposal area 1. Location N/A
2. Do you claim title to disposal area? NIA
D. Fill material source if fill is.to be trucked in clay and sandy loam from field'
E. How will excavated material be entrapped or encased? N/A
F. Type of equipment to be used N/A "
G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) N/A

• 2, lkiV i ' 1 L .,
2. Elevation of lot(s) above mean high water 12'
3. Soil type or texture sandy clay
4. Type of building facilities or structures private dwelling
5. Method of sewage disposal or treatment septic tank
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes x 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): not known
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for ,
work in project area, if applicable: N/A
IX. Length of time required for project activity: six months from date of approval
X. In addition to the completed application form, the following items must be provided:
A. Attached 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. (Note: Federal law requires the
applicant to be the owner or his designated agent)-
B. Attach an accurate work plat drawn to scale on 8%z" 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 a�t ri arian landowners by register gd or
certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served 6-1
- 7�
Such owners have 30 days in which to submit comments to agencies listed below.'
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.
- �K+ 4 1 Bp),, 1Q f
DATE
A plicant's Signature
Send one completed copy each to:
Permit Section
Division of Marine Fisheries
Department of Natural & Ecorfomic Resources
P. O. Box 27687
Raleigh, North Carolina 27611
Ph. 919-829-3767
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina. 28401
(Note: attach Corps cover letter) _
Ph. 919-763-9971 - Ext. 565 -,
D& F-B2

Map taken from Beaufort
County map, Department of
Transportation, Division of
Highways
VICINITY MAP
C
0
7 0 1 2 3 7
[�,� SCALE

PROPOSED PIER
for
GUY A. CUTLER
Proposed Bulkhead
�a
-
14
_-.I �• _ I - I I I I- - I I, -I I i ,I I Existing
- - - - Shoreline
Stringer Detail
z xS
2"x10" Stringersy`
Not to Scale -
Prepared for Guy A. Cutler Prepared by H. O. Edwards, Jr.
P. O. Box 116 - Development Specialist - -
- Bath, North Carolina 27808 - - ECU Regional Development Institute
_ P. O. Box 2703 --
Greenville, North Carolina 27834
. Proposed
6• -� - . Bulkhead as per
separate dredge/fill
- application
60,
20' Proposed - Pier - ,
2'x10' Decking -

CROSS—SECTION OF PROPOSED BULKHEAD
Trees along
shoreline now"""���
subject to
being r
Lot No.6
Note. Existing eroding !; I
Proposed in 4d bulkhead to extend 5' it J.
into Bath Creek from existing Prepared for Guy A. Cutler
shoreline. Approximately 77 cu. yds. P. O• Box 116
oL till will be placed below MWL. Bath, North Caroline 27808
SCALE: 1" - 10'
Prepared by H. O. Edwards, Jr., Development Specialist
ECU Regional Development Institute
P. O. Box 2703
Greenville, North Carolina 27834
B a t h
C r e e k

Proposed Pier
Existing Shoreline
trt�
PROPOSED BULKHEAD
AND PIER
B a t h C r e e k
20'
Lill
104.28' —
N 280 36' E
104.28'
.i✓'icJ
ytn 1 �-
d� '6''r;+'
Lot No. 5
W
N
Note:
a
N
Proposed bulkhead to be
r
m
o
located below MHW into
ro
�
Bath Creek. Fill to be material
rn
from it. Fill to be from lot
Property of Guy A. Cutler
and some trucked in.
Lot No. 6
Brookshire Subdivision
85
S 130 17' W
To N.C. 92
EXISTING
DIRT ROAD
Prepared for Guy A. Cutler
P. 0. Box 116
Bath, North Carolina 2780E
SCALE: V - 60'
'roposed bulkhead and
existing property line
Area
go /
Lot No. 7
60' R/W
Prepared by H. O. Edwards, Jr.
Development Specialist
ECU Regional Development Institute
P. O. Box 2703
Greenville, North Carolina 27834

TYPICAL CROSS-SECTION OF PROPOSED BULKHEAD
Creosote Piling
PX n. 5,
GroundT o p o f _�i l l
Level _ —
F I L L A R E A
Guy A �, 4
8:
I
MWL
(Anchor 'I
-2-
Not to Scale
Prepared for Guy A. Cutler
P. O. Box.116
Bath, North Carolina 27808
Prepared by H. 0. Edwards, Jr.
Development Specialist
ECU Regional Development Institute
P. O. Box 2703
Greenville, North Carolina 27834