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HomeMy WebLinkAbout175-96 Carter, Jamesr' Permit Class Permit Number NEW 175-96 STATE OF NORTH,CAROLINA Department of Environment Health`& Natural Resources Coastal Resources Commission vm js =0 6o Jlaty9, 6v u tt11 N AG Major DevelopmenC aniA a of Environmental Concern �J �ifPPr pursuant toNCGS 113r1P118.°� JVf QJHM vtO' y zi'. X Excavation and/or filling pursuant to NCGS 113-229 9 Issued to James E. Carter, 107 Morning Glory Lane. Aurora, NC 27806 authorizing development in Beaufort County at adj. Paterson Creek off SR 1901 in the Summerise Subdivision as requested in the permittee's application dated 10/10/96 including attached workplan drawings 2 dated 10/10/96. This permit, issued on 0a. O "q to 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. Ri ra 1) The riprap shall not extend waterward more than seven (7) feet from the normal water level at any point along its alignment at the time of construction. 2) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The riprap shall not be placed higher than the adjacent wetland substrate, and shall not be placed atop any wetlands. 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, 1999 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. --&4r —Roge N. Schecter, Director Division of Coastal Management, its conditions are hereby accepted. "o C Signature of Permittee I M James E. Carter Permit#175-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) No fill material may be placed behind the riprap. 5) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 6) The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. 7) No marsh grass may be excavated or filled. 8) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 9) The N.C. Division of Water Quality (DWQ) is currently processing an application for a Water Quality Certification for the proposed development. Prior to the initiation of any construction activities, this certification must be issued by DWQ, and the certification attached to the original of this permit. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199703400. Permit Class Permit Number NEW 175-96 STATE OF-NORTH,CAROLINA Department of Environment, Health°& Natural Resources Major Developmen[in an Area.of-Environmental Concern pursuant to NCGS ll3A"1'18.`."° X Excavation and/or filling"pursuant to NCGS 113-229 Issued to James E. Carter, 107 Morning Glory Lane, Aurora. NC 27806 authorizing development in Beaufort County at adi. Paterson Creek off SR 1901 in the Summerise Subdivision as requested in the permittee's application dated 10/10/96 including attached workman drawings, 2 dated 10/10/96. This permit, issued on \%-- — 2), O—q km , 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 terns may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Rinrao 1) The riprap shall not extend waterward more than seven (7) feet from the normal water level at any point along its alignment at the time of construction. 2) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The riprap shall not be placed higher than the adjacent wetland substrate, and shall not be placed atop any wetlands. (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 31,1999 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. —1S-to--Roge N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee James E. Carter Permit#175-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) No fill material may be placed behind the riprap. 5) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 6) The riprap material must consist of clean rock or masonry_ materials such as but not limited to granite or broken concrete. 7) No marsh grass may be excavated or filled. 8) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 9) The N.C. Division of Water Quality (DWQ) is currently processing an application for a Water Quality Certification for the proposed development. Prior to.the initiation of any construction activities, this certification must be issued by DWQ, and the certification attached to the original of this permit. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199703400. .1 Permit Class Permit Number NEW 175-96 STATE OF NORTH ,CAROLINA Department of Environrite�net,cHealt- h`, l Natural Resources f�. Major Development in'an Area.of•Envirorimental Concern pursuant to NCGS Excavation and/or filling piifsuant to NCGS 113-229 Issued to James F Carter, 107 Morning Glory Lane, Aurora, NC 27806 authorizing development in Beaufort County at adj. Paterson Creek off SR 1901 in the Summerise Subdivision , as requested in the permittee's application dated 10/10/96 including attached worlmlan drawings 2, dated 10/10/96. This permit, issued on \"%-- — %, T—R le , 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. Rinrap 1) The riprap shall not extend waterward more than seven (7) feet from the normal water level at any point along its alignment at the time of construction. 2) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The riprap shall not be placed higher than the adjacent wetland substrate, and shall not be placed atop any wetlands. (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 31,1999 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. —Mtn--Roge N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee James E. Carter Permit#175-96 Page 2 of 2 ADDITIONAL CONDITIONS 4) No fill material may be placed behind the riprap. 5) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 6) The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. 7) . No marsh grass may be excavated or filled. 8) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 9) The N.C. Division of Water Quality (DWQ) is currently processing an application for a Water Quality Certification for the proposed development. Prior to the initiation of any construction activities, this certification must be issued by DWQ, and the certification attached to the original of this permit. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199703400. 5 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, co un ty o 1 dmark /11 1. APPLICANTS a. Landowner: Name QT MIE5 E • 6171fT6' Address ��% %%�if�//b�(� e544O'('Y x/kf City State L Zip�O _ Day Phone IN Fax b. Authorized Agent: Name / Address City Zip t Fax Day Phone Eil State c. Project name (if any) N NOTE. Pemdl wit! be issued in now ojlwzdow er(s), and/or project wme. 2. LOCATION OF PROPOSED PROJECT a. County AEAUF'1)X7- a Leet OrJ �D��//l�lt nG��Ji?Y number d. Is proposed work within city limits or planning jurisdiction? Yes = No e. Name of body of wagr�� prof e.g. river, creek, sound, bay) /225J 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excav tion an filling activities. �f�L��IEA/T Of f1009 � b. Is the proposed activity maintenance of an existing project, new work, or both? A'�5w c. Will the project b for public, private or commercial use? /P>//f Z;E d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additio pages /.A oP �d o5f/o 7-25) jFLLIef Z2 051� Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract .%. 1 11efZ5 b. Size of individual lot(s) .J1 7 11&) ;5 c. Approximate elevati9n of tract above MHW or NWL Vf FEE r d. Soil type(s) and t��res) tract e. veeetation on tract UP�1440 f. Ivan -made features now on tr ct #11/ArJ/iY(� g. What is the CAMA Land Use Plan land classification of the site? (Consult the local laud we plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by)ocal government? j• Is the proposed project consistent with the applicable zoning? � Yes No (Anach Zoning capliance certificate, ifappllcable) Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes __X_ No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No Are there wetlands on the site? X Yes _ No Coastal (marsh) _ V Other If yes, has a delineation been conducted? ES (Anach domwmadon, if available) m. Describe existingwastewater tr��aa rent facilities. E T1 � 7'/1iN.p n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential djsfharges.) o. Describe existing drinking water supply source. 5. ADDITIONAL INFORMATION 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 properties. 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, dated work -plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of 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 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifi that such notice has been provided. Name a," Address / Phone '6 73�1, o9 Name Address Phone Name Address Phone • 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 $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related, to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge: This is the /4 day of , 19 Print Name I1—TAlq,�5$ G�%• Signature or Authorized Agent Please indicate attachments pertaining to your proposed project. 'DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Leneth Width Average Final Existing Project Depth Depth r C lr EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 20 r b. Type of material to be excavated /IA c. Does the area to be excavated include coastal wetlands (marsh), submerg-A -quatic vegetation (SAVs) or other wetlands? Yes _ No d. Highground excavation in cubic yards' M 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area a1e4 b. Dimensions of disposal area N41 .c. Do you claim title to disposal area? Yes / No If no, attach a letter granting permission from the owner. d. Will a disposal area be available .for future maintenance? _ Yes _ No /V 1 IA If yes, where? Revised 03/95 Form DCM-MP-2 6 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No /V/1? f. Does the disposal include any area in the water? Yes No ,/% 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead "� Riprap b. Length Tg� c. Average distance waterward of MHW or NWL d. Maximum distance w.aterward of MHW or NWL I7. e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap !me (2) Bulkhead backfill h. Type of fill material 6e/P AV i. Source of fill material��r' 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes -' No If yes, (1) Amount of material to be placed in the water /t7.; (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? y/ 11//1.7 7/1 //i1VrIlF/ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr3ssed in transporting equipment to project site? ✓ Yes No If yes, explain steps that will be taken to lessen envir nmental impacts. �U/9f��' Z> Applicant o Project Name / ,��ZG9 Signet Date Revised 03195 VIEYV gEEK PRaPER� '- C1NF MINER ?VA £smrE a R 1 tr_ f RP�AP ,f'1✓TGIC- qps(- �Jy PJET�AUP� . LINE �(RE�j OF �tdNE2 y WETL9VP OT Cfi gTE7q NNE Z4T�ff - I o io 9�, • . 9�DR�fi 751 VOVE4 ST/QN--V/EMJ --- ACT �2 a�i�✓fND al 04 /VO/— TYPIe-4L- C�d�� SfL'710� CREEx Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, 'mdmark �u0�a 1. APPLICANT a. Landowner: Name �TA 111E5 E- 6IMT4-P Address /D% 40kIl-Il/; City State '51Zip %l9Olo Day Phone Wq-,T9;Z- 7/'%✓ Fax b. Authorized Agent: c. L0� /1�, Wlffl JiQYridaly road b .E d. Is proposed work within city limits or planning jurisdiction? Yes —X- No e. Name of body of wat r nearest pFr�of t (e.g. river, creek, sound, bay) E7-l-' ' �E� 3. DESCRIPTION AND PLANN19D USE OF PROPOSED PROJECT Name /VA a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excav tion and/or filling activities. Address l gl#&5 ZA.f OF 6� �O C a5f/OrPE City State Zip Fax Day Phone c. Project name (if any) N4- N07E: Penrdt %Q be issued in mme of lmdoxner(s), and/or project maw. 2. LOCATION OF PROPOSED PROJECT a. County A-4 U F,9X 7- b. Is the proposed activity maintenanceof an existing project, new work, or both? EAU c. Will the project W for public, private or commercial use? Plf'l Z�E Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach " additional pages ' / V 7129 IFErg�� Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS��/ a. Size of entire tract b. Size of individual lot(s) c. Approximate elevati n of tract above MHW or NWL V FEET d. Soil type(s) and texture s oftract e. Vegetation�ppn tract UP�.4/l/D rf��17 I7/ET�ff n r f. Ilan -made features now on tr ct )r g. What is the CAMA Land Use Plan land classification of the siteT (Consult the local lane use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoneg by Jocal government? i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning conpliance certificate, if applicable) j• Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No I. Are there wetlands on the site? X Yes _ No Coastal (marsh) ^ _ Other X If yes, has a delineation been conducted? E5 (Attach documentation, if available) in. Describe existing wastewater tr Anent facilities. 5-EPT/(!�, 7/iK n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential dj�harges.) o. Describe existing drinking water supply source. 11/44 G 5. ADDITIONAL INFORMATION 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 properties. 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, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of 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 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certifies] mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address " Phone Name Address _.. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. i✓0A4f • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject 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 approved Coastal Management Program and will be conducted in a manner consistent with such program. I 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 the project. .. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the /4 day of _ 4/y , 19_1_ep. Print Name Signature or Authorized Agent Please inaidate attachments pertaining to your proposed project. V'DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 . ! Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) _ Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. vA ! /4 Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Length Width Depth Depth 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 20 b. Type of material to be excavated 1114 c. Does the area to be excavated include coastal wetlands (marsh), submerg quatic vegetation (SAVs) or other wetlands? ��Yes _ No r d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area )/,-/ b. Dimensions of disposal area N0 .c. Do you claim title to disposal area? Yes 1/ No If no, attach a letter granting permission from the owner. Ci Will a disposal maintenance? _ If yes, where? _ area be availablei for future Yes _ No A4 Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No /v f. Does the disposal include any area in the water? Yes No f �4 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead '� Riprap b. Length T%/ c. Average distance waterw� of MHW or NWL d. Maximum distance materward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of injonw ion) . �E S��• f% f. Type of bulkhead or ripr5 material �rorif- g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material 6 /%o Aql i. Source of fill material` A/X/11 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes ✓ No If yes, (1) Amount of material to be placed the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes ✓ No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? 6- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crossed in transporting equipment to project site? ✓ Yes No If yes, explain steps that will be taken to lessen environmental impacts. T1115 A/ / ///-/ / Z F i) ,TAMES E. a.,)07�e Applicant Project Name 26,1' Sigaat Date Revised 03195 PMA) VIE YV b4T--it � --- ffTzf v aRarx �RaPERr�' ,UNE AINJE ' )Eyafi4f gffQ Z�A� r=57ATE l'o. _ �x,srl•,Ic� Pr6 Q, haw 4D/f wer�aun ,L INE QIdNEQ J, L i KTE,Q .lKrf - ro Io 91, 1 A4EA_ of 1,10 P up &4M,f 44 ,,f,e4 of P v RV OOVE4 . F 11V q `r 44AI. 0,55_s�&TrQN- ✓/ -Rl Aar �2 u bFTA0Aq A) el-, JVw/- 7'lPlmt- CrQdl m J-5 7IOnl K State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E.. Director APPROVAL of 401 Water Quality Certification Mr. James E. Carter 107 Morning Glory Lane Aurora, NC 27806 Dear Mr. Carter. 1t ate• .ft*ft.00ft.W00 `s•� ED E"" December ort o� 94v"- q� WQC 401 ProjectMgNv f Iq 997 You have our approval to place fill material 2,455 square feet of waters for the purpose of stabilizing a shoreline at your home in Summerise subdivision near Aurora (SR 1901), as you described in your application dated 15 November 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, P�toaHow Jr. P.E cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Domey Central Files John Parker; DCM s 961084.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycledtl0% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 26402.1890 IN REPLY REFER TO January 7, 1997 Regulatory Branch Action ID No. 199703400 and State Permit No. 175-96 James E. Carter 107 Morning Glory Lane Aurora, North Carolina 27806 Dear Mr. Carter: Reference your application for a Department of the Army (DA) permit to place riprap material along an eroding shoreline, on property located off State Road 1901, in Summerise Subdivision, adjacent Peterson Creek, near Aurora, Beaufort County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the authorized plans. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, � ^� 04J Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, 1O 177 Health and Natural Resources O, / 4401 Reedy Creek Road Raleigh, North Carolina 27607 State of North Carolina Department of Environment, Health and Natural Resources A • Division of Coastal Management James Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director December 20, 1996 Mr. James E. Carter 107 Morning Glory Lane Aurora, NC 27806 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. 4ei.nely,ker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687. ,-U FAX 919-733-1495 V� Raleigh, North Carolina 27611-7687 1 An Equal FAX Action Employer Voice919-733-2293 50%recycled/10%post-consumer paper a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James E. Carter 2. LOCATION OF PROJECT SITE: Beaufort County, east of Aurora, off SR 1901 in the Summerise Subdivision, adjacent Peterson Creek Photo Index - 1995: 91-966, U13, V13 State Plane Coordinates - X: 2,707,800 3. INVESTIGATION TYPE: CAMA 1989: Z-1056, J14, K14 1984: No photo Y: 577,400 South Creek LR 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 29 October 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 28 October 1996 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Ilse Plan - Beaufort County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area (C) Water Dependent: No (D) Intended Use: Shoreline Erosion Control (E) Wastewater Treatment: Existing - Septic tank Planned - N/A (F) Type of Structures: Existing - Single family dwelling, pier Planned - Riprap (G) Estimated Annual Rate of Erosion: ±5' Source - DCM staff observation 7 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other Open Water ±2,455 sq. ft. (D) Total Area Disturbed: ±2,455 sq. ft. Or 0.05 acres (E) Primary Nursery Area: No '(F) Water Classification: SA -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to place riprap along 491 feet of shoreline to retard ongoing erosion. JAMES E. CARTER Beaufort County The applicant owns a 5.7 acre lot within the Summerise Subdivision. adjacent to Peterson Creek, off SR 1901 in Beaufort County, North Carolina. Located on the lot, which was purchased in 1995, is a single family dwelling which is served by a septic tank and a individual potable water well. Also an access pier has been constructed into Peterson Creek. The entire lot has a fairly low elevation and nearly the entire area adjacent to Peterson Creek has been delineated as wetlands by the Corps of Engineers or coastal wetlands by the Division of Coastal Management. This wetland fringe varies in width from 5' to 20' or greater. The Corps of Engineers jurisdiction area is vegetated by mostly pines and some myrtles. The coastal wetlands consists of Spaltina cynosuroides and Spina altemiilo . Severe erosion is occurring at several locations and at one point the erosion is ±70' from the dwelling. The upland portions of the property is vegetated with pines and myrtles and little change in elevation can be detected from the areas that have been deliniated as wetlands by the Corps of Engineers. The applicant is proposing to place riprap along 491' of shoreline to retard ongoing erosion. The riprap will average 5' beyond the NWL and will be 7' at the furtherest point. The riprap will be placed waterward of the wetland fringe, at no location atop any wetlands, and at no location will it be placed at a higher elevation than the wetlands. If the project is conducted as proposed, the project should have only a slight environmental impact. Approximately 2,455 sq. ft. of open water area will be displaced by riprap. No wetlands will be excavated and/or filled. David L. Gossett - Washington Regional Office - 5 November 1996 Form DCM-W-1 APPLICATION (To be completed by all applicants) b. City, town, cotipmuQ o landmark L. APPLICANT '� �� c. Ld� 0y�o�Y a. Landowner: Name V M� S �%��T�/� Address /07 /'IDrP,r//N4 6�49Wy ti9�F City State 44L Zip,Z75Q96 Day Phone 9/9-392-7193 Fax b. Authorized Agent: Name /V Address City State Zip Day Phone Fax c. Project name (if any) lV N07E. Permit %W be issued in name of lmdow er(s), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. County U �DIC'Tl d. Is proposed work within city limits or planning jurisdiction? Yes _ No e. Name of body of o) wat r nearest pro) t (e.g. river, creek, sound, bay) ,)�%f,� 1 15 !� 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excav tion and/or filling activities. 1,�/f��E�rlE.11r of a�/P�� � C a5/'OrPE b. Is the proposed activity maintenance of an existing project, new work, or both? x Ejy c. Will the project b for public, private or commercial use? mil //i%ZZ- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additionalpages ,A Revised 03/95 " Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS��/ a. Size of entire tract b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL 4 FEET d. Soil type(s) and t��re� tract e. Ve etation pn tract 44/0 . f. an -made features now on tr ct A Y g. What is the CAMA Land Use Plan land classification of the site? (Conrutt the loaat tmd use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zone by�ocal government? / e //rC i. Is the proposed project consistent with the applicable zoning? _X� Yes No (Attach zoning coynphance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes _ No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) _ Y Other _X If yes, has a delineation been conducted? Y155 (Atach documentation, if available) m. Describe existing wastewater t�r?a?tment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and residential djsarges.) o. Describe existing drinking water supply source. lb/el G 5. ADDITIONAL INFORMATION 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 properties. If the applicant is hot 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, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I V 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 an adequate number of 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 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name Address Phone • 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 $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained is the permit. 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. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the /D day of , 19 Print Name Signature Please i project. attachments pertaining to your proposed 'DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM W-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DC11k-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project.. Describe below the purpose of proposed excavation or fill activities. All values to be given in Feet. PM' Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Len¢th Width Average Final Existing Project Depth Depth 4 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards A��r b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerg�j/ quatic vegetation (SAVs) or other wetlands? U/Yes _ No d. Highground excavation in cubic yards -- 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area )�41 b. Dimensions of disposal area .c. Do you claim title to disposal area? Yes /' No If no, attach a letter granting permission from the owner. 11 Will a disposal area, maintenance? _ Yes If yes, where? be available for future _ No A Revised 03195 Form. DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? ✓I Yes No f. Does the disposal include any area in the water? Yes No A/% 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead '� Riprap b. Length Tg/ , c. Average distance waterward of MHW or NWL d. Maximum distance w.aterward of MHW or NWL Z' e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprapp material g. Amount of fill in cubic yards to be placed below water level (1) Riprap ,/44& (2) Bulkhead backfill h. Type of fill material 0�1//0 :fi%l i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes '' No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes t/ No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? ..y/r ?��// Z1' 1 & b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crssed in transporting equipment to project site? ✓ Yes No If yes, explain steps that will be taken to lessen environmental impacts. % //E Z2P/,V S tLAME,S f. C'.�LPT IP Applicant o f oject Name Signet Date Revised 03195 YV d Ekl�l•1%CT Pe ®ETER90IV S O/ E6X • 4oq WEiFAND� ~~ blot ORDPER�r •. , . - , .41NF ; OkIrVER � Ctl RTE,Q �EYfQN�JillSER /{TT- — I D bO !4, t J n1Ea � �Ek AREA. of P,qp Pow agIQ AV JS wi �4zz ?l�'E.Er E4 D,tr4o Gt�T�4ND PRX/FeAP AM4, T YPlmI- C�Qd�� SfL'710�1 CREEK SURVEYOR NO 1RY PU9UC XTES: W1I(/ [AN,1W�, —CgNn, 4MAEfEFEMC SEEMORK 9!0 P4 56i(MEYERHAFIlfE9 TO 4OENAlS4fE1lhEt L[flNIIIwr MlRIT NAS 4P,lNNIADFAHY(AAVTARYREtN'OFM[Olr!lYAIOliATEACWf!lAID, Cffl1l•Y yY C. 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D6A4'N6 \ C - I I29.00' 9r,66' 922r S!4. 46'Il'W C.Y JS400• 9rtl' 9C96' S40'Tt'4t'W C-J J50.00' J14.6T JlLtr S19.Of t6-W C-4 J4Do• t4)6• n.rr C.S C-6 l0.00' 50.00• 40.64• 74S4' JASr 7Q7r �Ap1:00r•sAW S660Y09•W N23-40-00•W C� IL SECT/0.V 104 J / IryAp) FETLAADJ 2.751 AG - A° J.r".-E N14'1 1 t°'ESoT 2 ii[eores SEE �61 VICINITY ,NAP Pam/;Co River SITE REGISTER OF - DEEDS NORTH CAROLINA. DEAUFMfr COUNTY r FMEGOSVV CERT21GTE OF CfRTYCO M i ECOAACCI. nL)tvsiAUEIIT WAS PAFJCNiEO/4PAFWl nm NYAIl1MAr1AlOC l[[flECO.mzDyVpur[A64KI SLOIpELY:(r_. M NYLY Ara:n>zrnx�A . . o Aur. o£PpnRecnTER� rw Are #r6ral•E 7J66- vJ 4 l 1111-2a a -E FINAL PLAN OF "`� `� 'e merise. Subdivision11 pis i pC� • LE i6c �6. d A WEYERHAEUSER REAL ESTATE CO, DEVELOPMENT 6pl pt 1 �� LOOSE CREEX WEYERHAEUSER BEAUFORT NO, 05 �A OI• 'GAME 1AA94 ��, 1 flRl4ANVa�HN o w LE ~r L04YTY NMTH T CARgL4 NAY A I9J2 SGL£, r. NO, r r0 N Da'JT TIE UNE 4JW GRAPHIC SCALE I of sCAL— E: r.40 DEMISFlMNESOASSOCWTES$P.O. B0X2947QNEW.8ERN, MC. }f9191630J615 ti 0 3 BK1020PG265 10IeT a) x lS DO H 71 LL1 cr LU rl STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS DEED, Made and entered into this 3� day of 1995, by and between Weyerhaeuser Real Estate Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the first part, and James E.-Carter and wife, Claire H. Carter, whose address is 7730 South 775 East, Zionsville, IN 46077, parties of the second part; w W I T N E S S E T H Q That the said party of the first part, for and in Z -1 consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, and w Mom' Z v other good and valuable considerations to it in hand paid, by the w PREPARED BY: f. R. THOMPSON, JR. ATTORNEY AT LAW URORA, NORTH CAROLWA parties of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey unto the said parties of the second part, their heirs and assigns, subject to the mineral reservation and encumbrances as hereinafter set out, that certain tract or parcel of land lying and being in Richland Township, Beaufort County, State of North Carolina, and being more particularly described as follows: BEING all of Lot No. Three (3) as. the same is shown on that map prepared by Dennis A. Fornes, Registered Land Surveyor dated February 10 - May 5, 1992, and identified by the following legend: "Summerise Subdivision". This map is duly of record in the Office of the Register of Deeds of Beaufort County in Plat Cabinet E, Slide(s) 14-6, 14-7, 14-8, and reference is hereby made to said map for a more complete and accurate description of this property. 8K1020Pc266 This conveyance is made subject to the following mineral reservation and encumbrances: (1) This conveyance is made subject to the reservation of mineral rights which are retained by Weyerhaeuser Company and said reservation is stated in substance as follows: "The Grantor hereby expressly saves, reserves and excepts out of the grant hereby made, unto itself, its successors and assigns, forever, all ores and minerals including but not limited to oil, gas, coal, distillates, and condensates, in and under said land. Top soil, sand, fill dirt, ground water, and other commonly occurring substances are expressly excluded. Notwithstanding the foregoing and notwithstanding any other legal or equitable right or remedy now existing or hereafter enacted or created, Grantor hereby agrees, for itself, its successors and assigns, that the rights hereby reserved and excepted shall not be exercised in a manner adversely affecting use of the surface at any time unless and until the Grantor or its successors or assigns, as the case may be, shall first make satisfactory written arrangements with the then owner' of the property affected, and with the mortgagee or mortgagees of such property, as their respective interests may appear, to compensate said owner and mortgagee or mortgagees for damages incurred to the surface and any improvements thereon in exercising such rights." (2) The aforesaid property is conveyed subject to those easements of record and utility rights -of -way. (3) The property heretofore described is conveyed subject to those Restrictive Covenants of record in Book 995, Page 416, Beaufort County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all the rights, privileges and appurtenanc thereunto belonging unto them, the said parties of the secc part, their heirs and assigns, to their only use and beho forever, subject to the mineral reservation and encumbrances PREPARED BY: R. THOMPSON, JR. set out hereinabove. ATTORNEY AT LAW JRORA, NORTH CAROLINA And the said party of the first part, for itself, i successors and assigns, covenants to and with the said parties the second part, their heirs and assigns, that it is seized BK1020PC267 said premises in fee and has a lawful right to convey the same in fee simple; that the same is free and clear of all encumbrances, except for the mineral reservation and encumbrances as set out hereinabove, and that it'hereby warrants and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, Weyerhaeuser Real Estate Company has caused this instrument to be signed in its name by its Assistant Vice President, attested by its Assistant Secretary, with its corporate seal hereunto affixed, all by authority duly given, this the day and year first above written. (COR_FOBATE SEAL) ;;r.Assisant Secret PREPARED BY: T. R. THOMPSON, JR. ATTORNEY AT LAW AURORA, NORTH CAROLINA WEYERHAEUSER REAL ESTATE COMPANY By: 6jX &--L-� Assistant Vice bresi ent Bx1020Pc268 STATE OF NORTH CAROLINA COUNTY OF CRAVEN I, Ju/VIA L Fr"2 Notary Public, certify that Nan W. Rackley, personally came before me this day and acknowledged that she is Assistant Secretary of Weyerhaeuser Real Estate Company, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by John M.. Doughty, its Assistant Vice President, sealed with its corporate seal, and attested by herself as its Assistant Secretary. My commission expires C-�2-9-r,} Witness my hand and official seal, this the a 3 �GI da of I&L't CAA4, 1995. „,un �t tc�L4i.C.Ul4 � 12 .'` ,•.: Notary ublic 3 n: (OFFICIAL SEAL) North Carolina Beaufort County rPREPARED BY: I The foregoing Certificate of R. THOMPSON, JR. ATTORNEY AT LAW WRORA, NORTH CAROLINA Notary Pubic/Rotaries Public/is/are certified to be correct this instrument was presented for registration and recording in this Office at Book 111dQ1, Page �(¢.�. This -� day of $,? 1 _ 19 Sat �; Kirk VP. Mizelle o clock Register of Deeds By - 1 Zj � p Deputy Register of Dews A) Applicant: APPLICATION TRANSMITTAL/PROCESSING RECORD James E. Carter County: Beaufort Location of Project: Off SR 1901 adjacent Peterson Creek in the Summerise Subdivision near urora Date Application Received Complete by Field: 28 October 1996 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached X To be Forwarded Field Representative: D. Gossett District Manager Review: B) Date Application Received in Raleigh: � / Public Notice Rec'd: MAA Adj. Rip. Prop Notices Rec'd: J C' Application Assigned to: 9 C) 75 Day Deadline: I Mail Out Date: Federal Due Date: Permit Final Action: Issue Deny D) District Office: Washington, _.. ZSU Fee Rec'd: $ .Notice Date: Rec'd: Z /_ C—lz\1 150 Day Deadline: / State Due Date: Fed. Comments Rec'd on �Y Draft on is AGENCY DATE COiRtENTS 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 5 History Div. of Env. Health I v Div. of Highways Wildlife Resources Commission ; _ 3 , Div. of Water Resources i Div. of Marine Fisheries _ TO: John Parker FROM: David Gossett THROUGH: Terry Moore I /11 DATE: 5 November 1996 10V--� SUBJECT: Application for CAMA Major Development Permit James E. Carter Peterson Creek Beaufort County, North Carolina I have reviewed Mr. Carter's proposal in regards to the regulations adopted by the CRC, specifically the use standards in NCAC 7H, and have found that his proposal is consistent with these regulations. Therefore, I recommend the permit be issued with the following conditions: (1) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. J (2) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. - (3) The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. ies, scrap me,�, pap•-�pr "'nEtS, tree limhe, N(k a rL�-�, o ' ' '�niiar ma riprap. (4) The riprap will be placed no higher than the adjacent wetlands and at no place will be placed atop any wetlands. If you have any questions do not hesitate to contact me. TO: John Parker FROM: David Gossett THROUGH: Terry MoorePl DATE: 5 November 1996 SUBJECT: Project Proposal for James E. Carter, adjacent Peterson Creek near Aurora, Beaufort County, North Carolina I have reviewed Mr. Carter's proposal to place riprap along 491' of his shoreline to retard ongoing erosion in regards to the Beaufort County Land Use Plan. Specifically, it has been reviewed in regards to policy objectives and land classifications and I feel that the proposal is not inconsistent with either section. If you have any questions do not hesitate to contact me. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 13, 1996 h3Iold CI]"V4110111Iu1 TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program A..AT IDEHNR FROM: John Parker, Jr. 71 Major Permits Processing Coordinator 9 SUBJECT: CAMA/DREDGE & FILL Permit Application Review co N01/ 2�F�VFQ HAN��t4i 996 APPLICANT: James E. Carter r- 611fNT PROJECT LOCATION: Off SR1901 in the Summerise S/D/, E. of Aurora, Beaufa PROPOSED PROJECT: To place riprap along 491 feet of shoreline to regard erosion. Please indicate below your agency's position or viewpoint on the proposed and return this form by December 4,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. Jtv Y This agency has no comment on the proposed project. I' This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached memo. Signed Va, C.., ( Date (( - Z I - 4(, NC-wP� `CP.O. Box 27687, ��FAX 919-733-1495 An Equal OpportuniTy/Afflrmafive Action Employer Raleigh, North Carolina 27611-7687 Ni Voice 919-733-2293 GZ+17L7l+*S►>t 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM JA751 LAB C) FEE HNR 1.Iby-XIMA17: J7NW 7 TO: John R. Parker Major Permits Processing Coordinator FROM: P.A.. Wojciechowski SUBJECT: DREDGE AND FILL PERMIT James E. Carter Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 6 November 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator Aja � ED111 IE 1=1 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: James E. Carter Project Location: Off SR1901 at Freshwater Subdivision adjacent Peterson Creek near Aurora in Beaufort County, North Carolina Proposed Project: To place riprap along 491' of shoreline to retard ongoing eriosion Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 1996. If you have any questions regarding the proposed project, please contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY _,�el This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed 1A wip— Date '5 I& % RECEIVEDON DEC - 61996 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919{9J70F4-1ABirrAT An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper I W State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 15, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator /ffl •�, E)EHNFR SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: J4W, E. Carter PROJECT LOCATION: Off SR1901 in the Summerise S/D, Beaufort Co. lr l l NOV zO ,t)96 Mpt...,.... ..... PROPOSED PROJECT: To place riprap along 491 ft. of shoreline to retard erosion. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY •. ✓ There are no known public trust conflicts with the project location or design There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo.. Signed ��i��'wct� �' Date P.O. Box 27687, I _17��C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources &4JA Division of Coastal Management ........ %rJames B, Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N F1 Roger N. Schecter, Director 6 November 1996 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: James E. Carter Project Location: Off SR1901 at Freshwater Subdivision adjacent Peterson Creek near Aurora in Beaufort County, North Carolina Proposed Project: To place riprap along 491' of shoreline to retard ongoing eriosion Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 1996. If you have any questions regarding the proposed project, please contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. _ This office objects to the proposed project for reasons described -in e attached comments. 11J. Signed %� �` " �i ,a Date G /i REC�ivE0 L NOV 1¢ 1996 Wk�IAL 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-9466481 FAX An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 6 November 1996 !u 1 ��1:7:\►11�1u TO: Mr. William McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator �EHNF3 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: James E. Carter Project Location: Off SR1901 at Freshwater Subdivision adjacent Peterson Creek near Aurora in Beaufort County, North Carolina Proposed Project: To place riprap along 49V of shoreline to retard ongoing eriosion Please indicate below your position or viewpoint on the proposed project and return this form by 27 November 1996. If you have any questions regarding the proposed project, please contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data is requested. „=r 4. 'lee �' REPLY v This office has no objection to the project as This office has no comment on the proposed project. This office approves of the proposed project only recommended changes are incorporated. See attached. / This office objects to the proposed project for reasons described in ched comments. Signed Date 3 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: APPLICANT: November 13, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator [DEHNFR CAMA/DREDGE & FILL Permit Application Jar PEC� ED 1YOV21 1996 GUAS(AL MANAGEMENT PROJECT LOCATION: Off SR1901 in the Summerise S/D, E. of Aurora, Beaufort Co. PROPOSED PROJECT: To place riprap along 491 acres of shoreline adj. their condo facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 4, 1"6. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Signed This agency approves of the project, only if the recommended changes are incorporated. See attached. roject for reasons described in the attached comments. Date Q (7 P.O. Box 27687, �I �C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 11 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper DEC 03 '9E 11.24RM . _ n P.2 of Morth Carolina Division of ftbstal Management James B. Hunt, Jr., Governor t F, Jonathan B. Howes, Secretary • 1 Roger N. Schecter, Director r�f� November 13, 1996 C3EHNF;Z MEMORANDUM NOV 15 1(0 TO: Ms. Linda Sewall_ Director Division of Environmental Health D V 0f E.NVIRONMEN iNL riEALTii, FROM: John Parker, Jr. ` Major Permits Processing Coordinator SUBJECT: CAMA,'DREDGE & FILL Permit Application Review APPLICANT: James E. Carter PROJECT LOCATION: Off SR1901 in the Sommerise S/D, E. of Aurora, Beaufort Co. PROPOSED PROJECT: To place riprap along 491 feet of shoreline to regard erosion. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 'rI7 ee tber° 4; YMNIf you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comt its. Signed t /_Z_ Date jo�//'-)(/• f� P.O. Box 27687, �`y� FAX 919-733-1495 Raleigh, North Carolina 2761 ' N�.� C An Equal FAX Action Employer Voice919-733-2293 M 1137. 50% recycled/ 10% post -consumer paper PF i State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 13, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator 1DEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: James E. Carter PROJECT LOCATION: Off SR1901 in the Summerise S/D, E. of Aurora, Beaufort Co. PROPOSED PROJECT: To place riprap along 491 acres of shoreline adj. their condo facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form December 4, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed %%d't l t�.p�ll� Date ) I �p P.O. Box 27687, N%4p�C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 �71t 50% recycled/10% post -consumer paper ow State of North Carolina Department of Environment, Health and Natural Resources APP1111AAA Division of Coastal Management _ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED E H N R Roger N. Schecter, Director November 13, 1996 AV �c MEMORANDUM +•V NOV 15 1096 TO: Mr. John Sutherland, Chief 0M" OF MTER FE&NJRCES Water Planning Section Division of Water Resources FROM: John Parker, Jr. , Major Permits Processing Coordinator p :� FC A SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: James E. Carter \u . PROJECT LOCATION: SR1901 in the Summerise S/D, E. of Aurora, Beaufort Co. PROPOSED PROJECT: To place riprap along 491 feet of shoreline to retard erosion. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 4, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 0 This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed � Date l �4 P.O. Box 27687, N%q* � CFAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina - Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director WIWAIIAAel 111J,31 November 13, 1996 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator • L 1, E3EHNFR Avy SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: James E. Carter PROJECT LOCATION: Off SR1901 in the Summerise S/D, E. of Aurora, Beaufort Co. PROPOSED PROJECT: To place riprap along 491 feet of shoreline to retard erosion. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 4,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed 4IXL— — Date 2 P.O. Box 27687, i _J �C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 r 1 50% recycled/ 10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 12, 1996 Regulatory Branch Action ID No. 199703400 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Jfimes E. Carter for a Department of the Army (DA) permit to place riprap material along an eroding shoreline, on property located off State Road 1901, in Summerise Subdivision, adjacent Peterson Creek, near Aurora, 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 condition(s) be included in the State authorization: 1l 1. All work authorized by this permit must be performed in strict compliance with the permit plans. � 2. The riprap material will not be positioned farther waterward than 7 feet from the normal water level elevation contour at any point along its al ent . 7 3. No vegetated wetlands will be excavated or filled. 4. The temporary placement or double handling of excavated or fill maL46rials within waters or vegetated wetlands is not authorized. 5. The authorized structure and associated activity will not cause ayunacceptable interference with navigation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleig� P.W.S. Regulatory Branch \ 4 b1 t rVED _ DEC 17- 1996 -2- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 DEPARTMENT OF THE ARMY af7j—)� WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINQA 28402-1890 ATQi ATTENTION TIOIO N OF Regulatory Branch Action ID. ' Ill 039 1) () I Applicant GMe � • C4 p Waterway lee.P.tUSoyI C� County 9W r Type Work_rjprr%� Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ,1 0 JAI m Regional Office Divisiorkf Coastal Management North Carolina Department of Environment, Heallth and Natural $esourppes 2q �Avenoe W C Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Youq comments and/or (,�'.fA.V recommendations would be appreciated on or before r1 . �q� TI . Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, �o - fNOV 1t, 221996Raleigh Bland cc WAJIg1 Regulatory Project ManagerNAGEMENT Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROL INA 28402-1890 IN REPLY REFER TO November 20, 1996 Regulatory Branch Action ID No. 199703400 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Please reference the application of James E. Carter for Department of the Army (DA) authorization and a State Water Quality Certification to place riprap material along an eroding shoreline, on property located off State Road 1901, in Summerise Subdivision, adjacent Peterson Creek, near Aurora, Beaufort County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 19, 1997, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, 9441 Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Jv John Parker ision of Coastal Managementth Carolina Department of Environment,ealth and Natural Resources Post Office Box 27687 RECFIb'ED Raleigh, North Carolina 27611-7687 VdV 2'7u1996 p�p;AGEMENT DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO November 20, 1996 Regulatory Branch Action ID No. 199703400 James E. Carter 107 Morning Glory Lane Aurora, North Carolina 27806 Dear Mr. Carter: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 12, 1996, for Department of the Army (DA) authorization to place riprap material along an eroding shoreline, on property located off State Road 1901, in Summerise Subdivision, adjacent Peterson Creek, near Aurora, 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 informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. 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 Action ID No. 199703400. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975-1616, extension 23. Sincerely, Raleig� P.W.S. Regulatory Project Manager Enclosure ✓ 1 �A yr EYT -2- Copies Furnished (without enclosure): M John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 . DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James E. Carter 2. LOCATION OF PROJECT SITE: Beaufort County, east of Aurora, off SR 1901 in the Summerise Subdivision, adjacent Peterson Creek Photo Index - 1995: 91-966, U13, V13 1989: Z-1056, J14, K14 1984: No photo State Plane Coordinates - X: 2,707,800 Y: 577,400 South Creek LR 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 29 October 1996 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 28 October 1996 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area (C) Water Dependent: No (D) Intended Use: Shoreline Erosion Control (E) Wastewater Treatment: Existing - Septic tank Planned - N/A (F) Type of Structures: Existing - Single family dwelling, pier Planned - Riprap (G) Estimated Annual Rate of Erosion: ±5' Source - DCM staff observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other Open Water ±2,455 sq. ft. (D) Total Area Disturbed: ±2,455 sq. ft. Or 0.05 acres (E) Primary Nursery Area: No (F) Water Classification: SA -NSW Open: No 8. PROJECT SUMMARY: The applicant is proposing to place riprap along 491 feet of shoreline to retard ongoing erosion. JANM E. CARTER Beaufort County The applicant owns a 5.7 acre lot within the Suinmerise Subdivision, adjacent to Peterson Creek, off SR 1901 in Beaufort County, North Carolina. Located on the lot, which was purchased in 1995, is a single family dwelling which is served by a septic tank and a individual potable water well. Also an access pier has been constructed into Peterson Creek. The entire lot has a fairly low elevation and nearly the entire area adjacent to Peterson Creek has been delineated as wetlands by the Corps of Engineers or coastal wetlands by the Division of Coastal Management. This wetland fringe varies in width from 5' to 20' or greater. The Corps of Engineers jurisdiction area is vegetated by mostly pines and some myrtles. The coastal wetlands consists of Sgattina cvnosuroides and Sgartina altemiflora. Severe erosion is occurring at several locations and at one point the erosion is ±70' from the dwelling. The upland portions of the property is vegetated with pines and myrtles and little change in elevation can be detected from the areas that have been deliniated as wetlands by the Corps of Engineers. The applicant is proposing to place riprap along 491' of shoreline to retard ongoing erosion. The riprap will average 5' beyond the NWL and will be 7' at the furtherest point. The riprap will be placed waterward of the wetland fringe, at no location atop any wetlands, and at no location will it be placed at a higher elevation than the wetlands. If the project is conducted as proposed, the project should have only a slight environmental impact. Approximately 2,455 sq. ft. of open water area will be displaced by riprap. No wetlands will be excavated and/or filled. David L. Gossett - Washington Regional Office - 5 November 1996 SURVEYOR ,vo Piaw M'�5t eFPT PfiF/IFA6 SEEBfF08C 9l0 P4 S6Yl x£YFNNEUSFH IO VICINITY .NAP t OfNIN4faWCA ftfl NY TINMMI "ry L'A9Yf11 (Ar a° fLPTYY C,i VY GYy MEYER4fV5EB REAL ESTAf6 [QABEAIfAPI CBWTYBEWSTNY. 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Subdivision" B�s A WEYERHAEUSER REAL ESTATE• Co, DEVELOPMENT 0003E CREEK WEYERHAEUSER BEAUFORT NO. 85 GAA/E LAWS /1eU s NWNSWP OEALILwr comrr NORM CAROLMA PT fEB. lO -ANY 5, 1992 sbte, M1 /00' C)), )J• A O JO 100 P00 J00 ,00 GRAPHIC SCALE 3 I C 30 0 0 0 0 0 ti State of North Carolina Department of Environment, Health and Natural Resources 1&741 LeDivision of Coastal ManagementJames B. Hunt, Jr., Governor C Jonathan B. Howes, Secretary U C H N F1 Roger N. Schecter, Director 5 November 1996 ;fir. James E. Carter 107 Morning Glory Lane Aurora, North Carolina 27806 Dear Mr. Carter: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of your property located off SR 1901 adjacent Peterson Creek in the Summerise Subdivision near Aurora in Beaufort County, North Carolina. It was received on 28 October 1996 and appears to be adequate for processing at this time. The projected deadline for making a decision is 11 January 1997. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, '/ y�111^ " David L. Gossett Field Representative DLG/pdp ENCLOSURE 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%Post-consumer paper TO: Jim Mulligan Deborah Sawyer FROM: David Gossett !JCI) DATE: 6 November 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit James E. Carter Beaufort County, North Carolina 'Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 28 October 1996. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. • Complete items 1 and/or 2 for additional services. I also wish to receive the *Complete items 3, 4a, and 41b. following services (for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. •Attach this forth to the from of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. •Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery -The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. o aN:..In AAA.n�nMf...IA. Arlinlnrd,im6nr ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7 n.to s neln.en. U and fee is paid) 6. Sigma U : ( Ude9 orAgg/ n PS Fnrm 31111. December 1994 .%ON 0 UNITED STATES POSTAL SEIVIC 2 P M • Print your ri me, and ZIP Code in this box • G-10 J4-MES E . d4,oVTZo(' /07 v"2.1j11 jr /,-/#z 107 Morning Glory Lane Aurora, North Carolina 27806 October 10, 1996 Ed Mitchell Weyerhaeuser Real Estate Company 119 Middle Street New Bern, North Carolina 28560 Dear Mr Mitchell, Enclosed is a copy of a proposed project placing "rip rap" along a portion of the shoreline of our property(Lot #3). I previously had sent to Weyerhaeuser a proposal for a breakwater barrier in a similiar area. I did not _proceed with that orouosal because of the cost. I am to advice you that you have thirty days to submit comments on this project if you desire. We still badly need the street signs that were discussed at the HOA meeting. People can not locate this area very easily. I would appreciate your help in this matter. Sincerely yours, James E. Carter senuMn: •Complete items 1 anNor 2 for additional services. I also wish to receive the •complete items s, aa, and ab. following services (for an • Print your name and address on the reverse of this form so that we can return this extra fee): card to you. •Attach this form to the from of the mailplece, or on the back it space does not 1, ❑ Addressee's Address permit. • Wnte'Retum Receipt Requesfed'on the mailpiece below the article number. 2. ❑ Restricted Delivery .The Saturn Receipt will show to whom the aside was delivered and the date delivered. Consult postmaster for fee. &�94W 1-1141952 f*IIP �9q R1141 �, - R, A&D&V /I// 117Yz 6. Signs a° X e ❑ Registered Certified ❑ Express Mail Insured ❑ Return Receipt for Merchandise ❑ COD and fee is paid) irn UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • S ME 6 F I! IPTE� AjdX11//1t 19 Y A, i -E 41 �&10, Ale, -�770i�52 107 Morning Glory Lane Aurora, North Carolina 27806 October 10, 1996 Walter Lindstrand 599 Hawkins Road Selden, New York 11784 Dear Mr Lirdstrand, Enclosed is a copy of a proposed project placing "rip rap" along a portion of the shoreline of our property. I previously had sent to you a proposal for a breakwater barrier in a similiar area. I did not proceed with that proposal because of the cost. T_ am to advice you that you have thirty days to submit comments on this project if you desire. I hope you and your family are well. If there is anything that I can do for you in regards to your property do not hesitate to let me know. Sincerely yours, James E. Carter BK1020Pc265 1Olcl ar x Im mCc U � lJ.l N CO Lf} ) w s-I STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS DEED, Made and entered into this day of 1995, by and between Weyerhaeuser Real Estate Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the first part, and James E. Carter and wife, Claire H. Carter, whose address is 7730 South 775 East, Zionsville, IN 46077, 0parties of the second part; 3,' W I T N E S S E T H Q That the said party of the first part, for and Z �5 consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, w X0 ;!A other good and valuable considerations to it in hand paid, by a PREPARED BY: T. R. THOMPSON, JR. ATTORNEY AT LAW AURORA, NORTH CAROLINA parties of the second part, the receipt of which is hei acknowledged, has bargained and sold and by these presents doe: bargain, sell and convey unto the said parties of the second part, their heirs and assigns, subject to the mineral reservation anc encumbrances as hereinafter set out, that certain tract or parcel of land lying and being in Richland Township, Beaufort County, State of North Carolina, and being more particularly described aE follows: BEING all of Lot No. Three (3) as the same is shown or that map prepared by Dennis A. Fornes, Registered Lanc Surveyor dated February 10 - May 5, 1992, and identifies by the following legend: "Summerise Subdivision". Thif map is duly of record in the Office of the Register of Deeds of Beaufort County in Plat Cabinet E, Slide(s) 14-6, 14-7, 14-8, and reference is hereby made to said map for a more complete and accurate description of this property. BK1020F0266 PREPARED BY: T. R. THOMPSON, JR. ATTORNEY AT LAW AURORA, NORTH CAROLINA This conveyance is made subject to the following mineral reservation and encumbrances: (1) This conveyance is made subject to the reservation of mineral rights which are retained by Weyerhaeuser Company and said reservation is stated in substance as follows: "The Grantor hereby expressly saves, reserves and excepts out of the grant hereby made, unto itself, its successors and assigns, forever, all ores and minerals including but not limited to oil, gas, coal, distillates, and condensates, in and under said land. Top soil, sand, fill dirt, ground water, and other commonly occurring substances are expressly excluded. Notwithstanding the foregoing and notwithstanding any other legal or equitable right or remedy now existing or hereafter enacted or created, Grantor hereby agrees, for itself, its successors and assigns, that the rights hereby reserved and excepted shall not be exercised in a manner adversely affecting use of the surface at any time unless and until the Grantor or its successors or assigns, as the case may be, shall first make satisfactory written arrangements with the then owner of the property affected, and with the mortgagee or mortgagees of such property, as their respective interests may appear, to compensate said owner and mortgagee or mortgagees for damages incurred to the surface and any improvements thereon in exercising such rights." (2) The aforesaid property is conveyed subject to tho easements of record and utility rights -of -way. (3) The property heretofore described is conveyed subject those Restrictive Covenants of record in Book 995, P 416, Beaufort County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of together with all the rights, privileges and appurtenance thereunto belonging unto them, the said parties of the secon part, their heirs and assigns, to their only use and behoo forever, subject to the mineral reservation and encumbrances a set out hereinabove. And the said party of the first part, for itself, i successors and assigns, covenants to and with the said parties o the second part, their heirs and assigns, that it is seized o BK1020PG267 said premises in fee and has a lawful right to convey the same in fee simple; that the same is free and clear of all encumbrances, except for the mineral reservation and encumbrances as set out hereinabove, and that it'hereby warrants and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, Weyerhaeuser Real Estate Company has caused this instrument to be signed in its name by its Assistant Vice President, attested by its Assistant Secretary, with its corporate seal hereunto affixed, all by authority duly given, this the day and year first above written. ,as (CORPORATE SEAL) N�1s51sti�_ht Secret PREPARED BY: T. R. THOMPSON, JR. ATTORNEY AT LAW AURORA, NORTH CAROLINA WEYERHAEUSER REAL ESTATE COMPANY By: Assistant Vice rest ent •L k Bx1020PG268 f�PREPARED By: . R.THOJR. I\ ATTORNEYEY ATAT LAW AURORA, NORTH CAROLIN l STATE OF NORTH CAROLINA COUNTY OF CRAVEN �- fg Notary Public, certify that Nan W. Rackley, personally came before me this day and acknowledged that she is Assistant Secretary of Weyerhaeuser Real Estate Company, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by John M.. Doughty, its Assistant Vice President, sealed with its corporate seal, and attested by herself as its Assistant Secretary. My commission expires 9-9y Witness my hand and official seal, this the _.23 tea( of EZ 1995. Notary 6Public (OFFICIAL SEAL) North Carolina -Beaufort county The foregoing Certificate of ►,�,IU�'A Notary Pub is/Notaries Public Ts/are certified to be correct this instrument was presented for registration and recording in this office at Book /0.Z Qy page This _� day of � S at%-� Kirk W. Mizelle By � ��lock Register of Deeds Deputy Register of De M s