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HomeMy WebLinkAbout152-05 Williams, Brink Permit Class Permit Number NEW 152-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources COPY and Coastal Resources Commission r erm tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Brink Williams,745 Jim Isle Drive, Charleston,SC 29412 Authorizing development in Beaufort County at adj. the Pamlico River, 282 Kugler Camp. Rd, Hawkins Beach Community. as requested in the permittee's application dated 7/24/05, including the attached workplan drawings (2), dated 7/24/05 This permit, issued on nctnher 6, 2005 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization Y' • Y. 1) As indicated on the attached workplan drawings, the bulkhead alignment shall connect in a straight fine to the adjacent property owners bulkheads. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. r (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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. rarles S. Jones, Director Any maintenance work or project modification not covered vision of Coastal Management hereunder requires further Division approval. a ,• All work must cease when the permit expires on This permit and its conditions are hereby accepted. x December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee 7Q¢ka.\-}JK.ii}.�}i!-}OS-0v45-YiCNr,.h.�"v`{-0-0�Q'P'}PO'Oi�A WC•i}p.Mi.Oti`+.3-}FO-X-}6-0+>{.,K-YriM{-'�:r}Q.:44. .'AGM.+n'ti-YG-}iC-0-0d+hChaYnh6G-}}0-0g4d.6-000-0-0b' Y Brink William Permit#152-05 Page 2 of 2 -e ,., ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 8) A silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 9) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that the Tar/Pamlico Basin buffer rules of the Environment Management Commission prohibit many non-water dependent activities within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 051467), which was issued on 8/15/05. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. 200511757 )which was issued on 9/17/05. A ' yxd¢YQl A Y 'zf y� f <a:<-tt<.ovw:�.v�.4-wa-:aoaoa+na-tx x->u».�w-}+,a-`o-rc-:a.�»a+,ct..:wK-:-�:�r:4ataa,ieaoe.os.�.swe,aon.`o-sa}a.�.rrr>a:aaa.ay saa+�tro.ao-r: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 6, 2005 Mr.Brink Williams 745 Jim Isle Drive Charleston, SC 29412 Dear Mr. Williams: 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. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. 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, 6714 Mail Service Center, Raleigh, NC 27611-6714, (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 is 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. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Brink Williams 2. LOCATION OF PROJECT SITE: Off SR1336 @ 282 Kugler Camp Rd., in the Hawkins Beach Community adjacent to the Pamlico River, near the Town of Bath in Beaufort County, North Carolina. Photo Index 2000: 102-1288 S-15 1995: 102-1105 S-2 State Plane Coordinates - X: 626,307.144 Y: 2,639,524.104 GPS Rover File # H072712B USGS Quad: Bath: Left center 3. INVESTIGATION TYPE: CAMA & Dredge/Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 27 July 2005 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 25 July 2005 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Transitional (land), Conservation (water,wetlands) (B) AEC(s) Involved: CS, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - septic tank Planned - N/A (F) Type of Structures: Existing - bulkhead and pier with L-head. Planned - ±85' bulkhead (G) Estimated Annual Rate of Erosion: 0 Source - field observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED THE (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ±1,275 square River bottom feet. (C) Other (D) Total Area Disturbed: 0.03 acre (±1,275 square feet). (E) Primary Nursery Area: No (F) Water Classification: SC/ NSW Open: No 8.PROJECT SUMMARY: The applicant proposes to bulkhead and backfill ±85 feet of shoreline. Brink Williams Beaufort County Project Setting The project area is located Off of SR1336 @ 282 Kugler Camp Rd., in the Hawkins Beach Community adjacent to the Pamlico River, near the Town of Bath in Beaufort County, North Carolina. The Pamlico River along the project site is an estuarine water body that is closed to shellfishing and is classified as SC/NSW by the North Carolina Environmental Management Commission. Historically, there has been a bulkhead @ 282 Kugler Camp Rd. The existing bulkhead is ±3' above the normal water level (NWL). Water depth adjacent to the bulkhead is ±1' - ±1.5'below the normal water level. At present the adjoining upstream and downstream properties are bulkheaded and are on average ±11.5' waterward of the applicants existing bulkhead. The applicant's existing bulkhead interfaces with the upstream and downstream bulkheads at 90-degree angles. The resultant corners are eroding behind the bulkhead. The applicant proposes to move the alignment of the new bulkhead even with the adjoining property owners. Existing structures on the project site consist of a bulkhead and pier with an L- head on the upstream (west) side. The project site has a single-family home and is vegetated with a mix of Loblolly Pines and lawn grasses. The property is bordered to the west and east by single-family homes with bulkheaded shorelines. Existing strictures on the adjacent properties include piers on both the upstream and downstream lots. Project Description The applicant proposes to bulkhead and backfill ±85' of shoreline on the same alignment as the upstream and downstream neighbors existing bulkheads. This alignment will place the bulkhead on average ±11.5' waterward of the NWL with a maximum distance of±15' waterward of the existing bulkhead. Anticipated Impacts The construction of the bulkhead and backfill will result in the filling of±1275 square feet of river bottom. The project as proposed will result in localized, short term, turbidity as a result of the construction activities. Form DCM-MP-I APPLICATION (To be completed by all applicants) b. City, town, community or landmark -- Flg�4•�s (3ea��, 1. APPLICANT c. Street address or secondary road number a. Landowner: G d. Is proposed work within city limits or planning Name ` jurisdiction? Yes No Address �, S ie �� V e. Name of body of water �npearest project (e.g. river, creek, sound, bay) Yarn "r-o R'.Ver City Cr f C Stull State - Zip �Q. Day Phone Fax L 3 _ 75 90 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: j Name (2 Ej '^ ✓1�0✓1 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Address �' excavation and/or filling activities. / � 1 M . City art State _ D �+ Zip . go b Day Phone S� - / d b. Is the proposed activity maintenance of an existing C q project, new work, or both? new w o, < Fax �S� - /�� - �/� c. Will the project be for public,private or commercial c. Project name (if any) NIA use? Pr',.rate, d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE. Pcr,►ot will be issued in name of landowner(a), and/or additional pages. -T kc `� •-.�411 project name. 1 �ro.✓� 2. LOCATION OF PROPOSED PROJECT `., er a. County eCi o 1 o r Revised 03195 Form DCM-MP-I m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0 a cre S n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or S �g c r" o -� JP NWL f :�2t d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract L 1 •.,r f. Man-made features now on tract Hovsf " CIk 5. ADDITIONAL TNFORMATION bIikilel I P;tr g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation _� Transitional • A copy of the deed (with state application only) or Developed Community Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? 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 i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? _i— Yes No (Attach Zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes _Z No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes X No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Anach documentation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name le v b� Q Ra'J S I certify that I am authorized to grant, and do in fact, Address 0_� rn a 5 n m a c r er_k L I grant permission to representatives of state and federal Phone 19f 9 7? N�DC� review agencies to enter on the aforementioned lands in 'I connection with evaluating information related to this Name /'I(, permit application and follow-up monitoring of the Address 2 n,k mon f D r. project. Phone I A I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone �d 0 This is the �/� I day of�) • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Geo, permittee, and issuing dates. �f Signature r�- ----''-= Landowner or Authorized Agetu v" • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development X DCM MP-4 Structures Information • A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. Revised 03/95 Form D0M-M7-2 EXUAVATIViN 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 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards fill activities. All values to be given in feet. b. Type of material to be excavated Average Fbal Existing Prglect c. Does the area to be excavated include coastal Length wrath Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes No channel (ML11r) or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin —� a. Location of disposal area Boat ramp b. Dimensions of disposal area Rock s groin c. Do you claim title to disposal area? Yes No Rock If no, attach a letter granting permission from the breakwater s owner. d. Will a disposal area be available for future Other maintenance? Yes No (Excluding If yes, where? shoreline stabilization) Revised 03195 Form DCM-MP-2 if yes, e, Does Tie i (1) Amount of material to be placed in the (marsh), SAVs or other wetlands7 water Yes No (2) Dimensions of fill area f, Does the disposal include any area in the water? (3) purpose of fill Yes No b. Wilt fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? 3. SHORELINE STABILIZATION yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area _�Bulkhead RipraP (2) purpose of fill b. Length c. Average distance waterward of MHW or NWL -t- �2� 5. GENERAL d. Maximum distance waterward of MHW or NWL _ a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? (Source of information) f. Type of bulkhead or riprap material 2, b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level (1) Rpprap (2) Bulkhead backfili c. Will wetlands be cr3ssed in transporting equipment h. Type of fill material F',l� Cad to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material _C 0. Ar,3 Q - 4. OTHER FILL ACTIVITIES Applknt''r Pro (Excluding Shoreline Stabilization) j Q signature a. Will fill material be brought to site? yes No Date Revised 03195 5�� �0.1J,�•�2��- c� 04,,( 71 y eC D f 2rseok W r �e / J 9'.S 17 f0 an� hGJL` �aF3 a 8� k�,iG� k�.-p R�• 17c�y-/�S 140 17 04tG- a _ OS �T - Pcc�OSe� cue- 14M � r r i Linton Marine Construction To whom it may concern, We propose to build a new 2.5 salt treated wood bulkhead for Mr. Brink Williams on his property at 282 Kugler Kamp Rd. in Washington,N.C.NCDENR has required us to apply for a cama major permit because the we need to put the wall 7'-15' in front of the old bulkhead. If you'll look at the drawings you can see that Mr. Williams' two adjacent property owners bulkheads are way out in front of his wall. This is inconvenient to him in a number of ways .First of all its kind of ugly and obtrusive looking, but secondly and most important it causes a bad splash scenario in the corners of his wall when the wind gets up and the waves start crashing. The waves splash into his corners, up in the air, over his wall and then they wash the dirt away. This affects both his and the neighbors property. With the new wall built smoothly in line with the existing walls this problem should be eliminated. We appreciate your looking at and considering our project proposal. And we are hoping you will allow Mr. Williams to build his new wall where we are proposing to build it. Thanks, George Linton Linton Marine Construction JUL-2$-2305 11:1211A FP011:9RINK 14IL:-If;P1S @-q3-406-7F.80 I 25;E-92 39 426 P: FPON r--70;—.mF4e I iiF� i1i!ck, F4x Jul. J:�i Mk:S 10-'24k-1 K Linton Marine CoristructIOTI Fax -- 1�2-9213-9926 Phone --252-923-6191 Hereby sigrify that Linton Marim ConstrLictiop will be bujlduWgf my bi-Okhead.. I adw the right to apply fo:The on my AL-t5-2M. '-IUt4 i TVA rk a JJ 1 J'A6 r w vP` T .'•` r9C2, lea -16 _•> i1C�� �. a ►-y.. I � as �d-__� 1'1,� � �'} _ — �i 1 y� i•, kA ��1 a +, 1 �'�'_ b �� t � � ,ail ,•.1 at;, r=.. _ • �Yalr.PYwr_ i ll �i , ',� {�7 r.�i - s� •'t._ _R it � `:' � °'_ '.li� "�?'__ �'1 '.�• _'^%`i+"y�-J.jl a'�'4. t!�'�� [' � I � 1 • 'mot t' �`$ _"„w V �s Ste►, � v l n DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: George Linton, Linton Marine Construction, Agent for: Brink Williams, Applicant LOCATION OF PROJECT: Off SR 1336, at 282 Kugler Camp Road, in the Hawkins Beach Community, adjacent the Pamlico River, near the Town of Bath, in Beaufort County,North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 25 July 2005 FIELD RECOMMENDATION: ATTACHED CONSISTENCY DETERMINATION: FIELD REPRESENTATIVE: Mike Thoma( DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: )d �'D e B) DATE APPLICATION RECEIVED IN RALEIGH: 0 FEE REC'D: $400 (o%0 PUBLIC NOTICE REC'D: 00041 END OF NOTICE DATE: g z ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: _ , ,,P� ON: y��5 C) 75 DAY DEADLINE: 08 0 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional representative Coastal Management - LUP Consistency Determination Division of Community Assistance $-$-DS Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office a 5� Division of Archives & History 8-g-pS Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Permit# DCM Coordinator: Aoweff MAILING DISTRIBUTION: / Permitee: Agent: DCMii Offices: ead Ci ington ing on US Army Corps of Engineers(USACE):. Washington: Mike Bell(NCDOT) Bil d4ile NCDOT) alei h Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker ' Others: Cultural Resources: CHennessy Environmental Health: Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: Karolon-DO Water Resources: John Sutherland Wildlife Resources: a T / Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Pernutee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 O�- W A]-FR Michael F.Easley,Governor \0 p(� William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources J _ Alan W.Klimek,P.E.Director Division of Water Quality September 6,2005 _-Brink Williams 745 Tim Isle Drive r Charleston,SC 29412 Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA—Bulkhead and Backfill Stormwater Project No.SW7050804 Beaufort County Dear Mr.Williams: The Washington Regional Office received a copy of your CAMA application for your proposed bulkhead and backfill project on August 2, 2005 Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 211.1000 and may result in appropriate enforcement action by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal,State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter,please contact me at(252)948-3934. Sincerely, Amy L.Franklin Environmental Engineer Washington Regional Office cc: v6oug Huggett,DCM—Morehead George Linton,Agent Washington Regional Office _one c� Central Files 1�Ivaturt, North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet h2o.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper �0F W A rFRo Michael F.Easley,Governor (/ William G.Ross Jr.,Secretary co r North Carolina Department of Environment and Natural Resources p Alan W.Klimek,P.E.Director R tv ton of Water uality August 15, 2005 Q Project#05- 7 AUG aufort County G 2' 'JUJ Brink Williams 745 Tim Isle Drive Morehead City DCM Charleston, SC 29412 Subject Property: Brink Williams Site 282 Kugler Camp Road oFjp;_Ntd�F�Cs�trtt: Bath,NC DIV.OF r Approval of 401 Water Quality Certification(GC3400) with Additional Conditions Dear Mr.Williams: You have our approval,in accordance with the attached conditions,to place fill material within or otherwise impact 0.03 acres of non-vegetated wetlands(river bottom)to construct a bulkhead as described in your application received by the Division of Water Quality(DWQ)401 Oversight/Express Review Permitting Unit on August 3, 2005. After reviewing your application,we have determined that the Division of Water Quality(DWQ)General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers(USACE). In addition,you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to) erosion and sediment control regulations and LAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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 the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Non-vegetated 0.03 (acres) DCM-MP wetlands(river bottom) cry401 Oversight/Express Permitting Unit 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 (jn{rQ 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Brink Williams Page 2 of 2 August 15,2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts), 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, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, c ll" Alan . Klimek,P.E. AWK/ijm _ Enclosures: GC 3400 Certification of Completion cc: George Linton, 4229 Hwy 92E, Bath,NC 27808 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 051467BrinkWilliams(Beaufort)401_CAMA ` /0 ED & ma NCDENR 6 2005 North Carolina Department of Environment and Natural Resources Division of Coastal Management tgrehead City DCM Michael F. Easley, Governor Charles S. Jones, Director it iam G.Ross Jr.,Secretary MEMORANDUM TO: Doug Hugged, alor Permits Processing Coordinator FROM: Fred Landa, Washington District Planner DATE: August 11, 2005 RE: Major Permit Application request by George Linton on behalf of Brink Williams. The applicant proposes to bulkhead and backfill 85' of shoreline. The project site is located off SR 1336 at 282 Kugler Camp Road in the Hawkins Beach Community adjacent to the Pamlico River near the Town of Bath in Beaufort County, North Carolina. LUP CONSISTENCY DETERMINATION The proposal is consistent with and not in conflict with the Beaufort County,NC 1997 Land Use Plan certified by the CRC on November 20, 1998. PROJECT SUMMARY The project site is located off SR 1336 at 282 Kugler Camp Road in the Hawkins Beach Community adjacent to the Pamlico River near the Town of Bath in Beaufort County. Existing structure on the project site consist of a bulkhead, a pier on the upstream (west) side, and a single-family house. Adjacent properties are similarly developed and bulkheaded. The existing bulkhead on the project site interfaces with the upstream and downstream bulkheads at 90-degree angles. The resultant corners are eroding behind the bulkhead. The applicant proposes to move the alignment of the new bulkhead to be even with those of the adjoining property owners. Anticipated impacts: The project as proposed would result in the filling of 1,275 ftZ of river bottom. Areas of Environmental Concern (AEC): AECs impacted by the proposal include Public Trust Area, Coastal Shoreline, Estuarine Water and Estuarine Shoreline. The water classification is SC-NSW and is not open to the harvesting of shellfish. The area is not a Primary Nursery Area. 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 1 t The Beaufort County Land Classification Map designates the subject property as `Urban Transition' and the AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Beaufort County supports the construction of bulkheads which fulfill the use standards set forth in 15A NCAC 7H. " (Bulkhead Construction,pg. IV-10) "Residential, commercial and industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. " (Residential, Commercial, and Industrial Development Impacts on Resources (a), pg. IV-16) "Beaufort County supports the use standards for estuarine waters and public trust areas as specified in 15A NCAC 7H.0207" (Marine Resource Areas (a),pg. IV-18) Cc: John Thayer, Manager of Planning and Grants 2 v ��COArrgj /�✓L � o ?l l 7 North Carolina Department of Envfron-meat and Natural Resources SEP 13 2005 Division Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.� ftsie6 TM�Nr MIMORANDIIM TO: Jim McRight :�t NC Dept. of Environmental Health FROM: Doug Huggett A U G 0 3 2005 Major Permits Processing Coordinator DATE: 2 August 2005 SUBJECT: CAMA and Dredge &Fill Application Review APPLICANT: George Linton, Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are 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 the attached comments. Signed 17Y / / Date 0 �G No e hCarohna ,atura!!y 943 Washington Square Vall,Washington,North Carolina 27B89 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nemastalmanaoement net/ Sean McKenna r di1� Preston P.Pate,Director,or Mike Street Division of Marine Fisheries Po Office Box 769 MoreheCity;SIC 28557-0769 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM �,` Q OC TO: Mr. Mike Street/Preston Pate, Jr. Director Division of Marine Fisheries AUG 3 0 FROM: Doug Huggett Major Permits Processing Coordinator DNIF-HABITAT DATE: 2 August 2005 SUBJECT: CAMA and Dredge &Fill Application Review APPLICANT: George Linton,Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are 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 the attached comments. Signed < � Date aZ _ 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Intemet:www nccoastalmanaaement net/ 10ASI4i�% a` North Carolina Department of Er[ronment and Natural ResoorcekUG 2 5 2005 Division of Coastal Management � DCM Michael F. Easley, Governor Charles S. Jones, Director WillianIAT(RS,'Jr., SedQ MEMORANDUM ( ]l TO: NC Department of Cultural Resources 'AUG D 2005 Archives &History Building FROM: Doug Huggett "",Rao a TL4w Major Permits Processing Coordinator ; DATE: 2 August 2005 SUBJECT: CAMA and Dredge &Fill Application Review -5 APPLICANT: George Linton, Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. CThis 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 �� �'r`�� Date JrCCEI V AUG i ne Nor hcamlina ,atura!!y 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX 252-948-0478 1 Internet:www.nccoastalmanacement.neV AUG 0 5 2005 North CaroNna Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor CRamaiwawDhictor William G. Ross, Jr., Secretary TO: Mr. Pat McClain/James Simmons Division of Land Quality FROM: Doug Huggett Major Permits Processing Coordinator DATE: 2 August 2005 SUBJECT: CAMA and Dredge & Fill Application Review APPLICANT: George Linton, Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are 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 the attached co ents. Signed Date CC ems o` NhCarolina Naturally 943 Washington Square Mail,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.newastalmanaaement.netl North Carolina Depar�rr it of Enviromnent and Natural f ionic s Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Maria Tripp NC Wildlife Resources Commission FROM: Doug Huggett P C � Major Permits Processing Coordinator ; t DATE: 2 August 2005 AUG 2 32005 SUBJECT: CAMA and Dredge &Fill Application Reviewnn�orehead QtY D(; ., APPLICANT: Qjrge Ljnton,Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. 4xi-1• ailsi c aRNc-{� V This office has no comment on the proposed project. 8) !05 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 A I rl Date 21 4uA%��} zoo S No ehCw'ohna Nata vl�il 943 Wash ngton 5quere'Wll'Wa6hington,North Carolina 271389 Phone:252-946-6481 1 FAX:252-948-k8 1 Internet:www nccoastalmanaaement.net/ C051 AUG 2 2 2005 Nol#b Ca oRna Depaf#mertf of Environment and-Na#tt��eouroes City DCM Division of Coastal Management y Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross,Jr., Secretary MEMORANDUM Ms. Cyndi Karoly AUG 1 "c Env. Biological Supervisor Division of Water Quality, Wetlands Unit DIV'OF CO�,RALOGH ���,ci►I F OM: 1 Doug Huggett a S Major Permits Processing Coordinator P �' s DATE: 2 August 2005 AUG 3 2005 DENR-WA TER QUALITY SUBJECT: CAMA and Dredge & Fill Application Review � d``s'o�M` ERBRAaCH APPLICANT: George Linton, Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY T-bi&office has no objection to the project as proposed. �z This office has no comment on the proposed project. This office approves of the proposed project only if the recommended incorporated. See attached. objects to the proposed project for reasons described in the mments. Signed g Date one 1Y,gktht aro 943'G(bAngton SquareVell;Waifiington, 4brtb Car6hhe 27889 ��//►V�1�1 Phone:252-946-6481 1 FAX:252-948 0478 1 Internet www.n000ssteimeneaementnell Environment and Natural-Resources bid North Carolina�Depa� er}t t� flr�reent a Division of Coastal Management Michael F. Easley, Govemor Charles S.Jones, Director William G. Ross,Jr., Secretary MEMORANDUM TO: Joe Henderson NC Department of Administration State Property Office Till AUG - 3 2r�05 FROM: Doug Huggett Major Permits Processing Coordinator DATE: 2 August 2005 SUBJECT: CAMA and Dredge & Fill Application Review APPLICANT: GVOYge Linton, Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. / REPLY V 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 �1 Date 3 S Nye hCarolina ,atara!!y 943 Washington Square Wall,Washington,North Carolina 27889 Phone-252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanaaement.net/ ��CDAS7gf� 6 L 25 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G, Ross, Jr., Secretary MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance r , �lA V �( / FROM: Doug Huggett Major Permits Processing Coordinator MOrehead Cily DATE: 2 August 2005 SUBJECT: CAMA and Dredge &Fill Application Review APPLICANT: George Linton, Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. y/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 V5;�— ?� Date Ni oehCarolina ,atura!!y 943 Washington Square Wall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanaaement.net/ i 25 North Carolina Departrneqt of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr,, Secretary MEMORANDUM `x "1'O Patti Fowler NCDENR Q �] Division of Environmental Health AUG , 9 2005 ' FROM: Doug Huggett Major Permits Processing Coordinator SHELLFISH SANKATIi n+ DATE: 2 August 2005 SUBJECT: CAMA and Dredge & Fill Application Review APPLICANT: Geor e nton,Agent for Brink Williams PROJECT LOCATION: Beaufort County PROPOSED PROJECT: Applicant proposes to bulkhead and backfill ±85 feet of shoreline. Please indicate below your position or viewpoint on the proposed project and return this form by 23 August 2005. Please contact Mike Thomas, at 252-948-3950, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are 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 the attached comments. Signed )cat o i✓)Q Date �i AUG - 0 2005 SNEL[_"I One SH SANITATTIO J NorhCarolina Naturally 943 Washington Square Mall Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastahanaoement.net/ Memorandum To: Doug Huggett Through: Terry Moore-*�7/4 From: Mike Thomas Date: 1 August 2005 Subject: Brink Williams Major Application The proposed project appears to be consistent with the rules found in Subchapter 7H concerning development in Estuarine Waters and Public Trust Areas. I recommend issuance of the permit with the following standard conditions included. Conditions: 1. Unless specifically altered herein, this permit authorizes construction and backfill of a bulkhead as depicted in the permittee's application and work plan drawings dated 24 July 2005. 2. This permit authorizes only the bulkhead and backfill and uses located in the water that are expressly and specifically set forth in the permit application. 3. The bulkhead will not extend waterward more than 15 feet from the normal water level at any point along its alignment at the time of construction. 4. The bulkhead must be constructed prior to any backfilling activities. 5. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel, No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 7. All bulkhead backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. t DCM% DWQ% DevdwwtT 14300160143510OD931625 6253 (24300 16D2 4351 DD095 2341 L Private,non-commercial development that does not involve 1 DO%(S250)the filling or excavation of any p%(so) wetlands or open water are= IL Public or commercial development that does not involve the Ming or S400 1 DO%(S4D0) pX. �) excavation of any wetlands or open water aremt x. 111. For development that involves the - filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A B.C.or D below appfies: III(A) For Private,non-commercial development If General water Quality S250 100%($250) 0%(SO) Certification No.3301(see attached) can be applied: 111(13X Forpublicorcommercial development,if General water Quality S400 100%($400) 0 SO 'i. .. Certification No.3301(see attached) ( ) s can be applied: III(C) If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff deternfned that additional review and S400 60%(S240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic fife: lllpD If General Water Quality Certification No.3301(see attached) S4DO 60%(S240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more 5475 60°ro(S2PS) 40%(S19D) than one acre of wetlands and/or open water areas North Carolina Departmert of Environment and Natural-Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary 2 August 2005 WASHINGTON DAILY NEWS Post Office Box 1788 Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 4 August 2005 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3812. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 Thank you. Sincerely, v Lc Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: >\1One Carotins tara!!11 943'Wash ngton 5quare'Vell',Washington,North Carolina 27B89 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nocoastalmanaaement.netl NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b)that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 25 July 2005. According to the said application, Mr. George Linton,Linton Marine Construction, Agent for: Brink Williams,proposes to bulkhead and backfill f 85feet of shoreline, at property located off SR 1336, at 282 Kugler Camp Road, in the Hawkins Beach Community, adjacent the Pamlico River, near the Town of Bath, in Beaufort County, North Carolina in Beaufort County, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT DIVISION, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, 400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 24 August 2005 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 4 August 2005 in the Washington Daily News for the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL MANAGEMENT DIVISION. ,pt COfSTq�� 8 11 z North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 2 August 2005 Mr. George Linton Agent for: Brink Williams Linton Marine Construction 4229 Hwy 92 East Bath,NC 27808 Dear Mr.Linton: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located off SR 1336, at 282 Kugler Camp Road, in the Hawkins Beach Community, adjacent the Pamlico River, near the Town of Bath, in Beaufort County, North Carolina. It was received on 25 July 2005 and appears to be adequate for processing at this time. The projected deadline for making a decision is 8 October 2005. 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. I I3A-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 the 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 the property, or at a point along the road right-of-way where a private road would lead one into the 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, Mike Thomas, Field�Represenive Division of Coastal Management Washington Regional Office ENCLOSURE c: Doug Huggett Terry Moore Nor`hCarolina Natimally 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Ail CAMA PE MIT A LIE F PROJECT: OF' SEW K)t l RZWEV4La sP, 1 -T nz Ku G E U7- IELAL NCXjCF- 4 AuG us-T 2U0S V,4SH ,tJ G`rO\J -1�)A I LLI NE—W-s -2-6 Au8o,5T APPLICANT: FOR MORE DETAILS CONTACT THE LOC L PERMIT OFFICER BELOW. 5 PPu� T i r-- omAs. 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[� Street,Apt. o.; .................1= or PO Box No. �,�� Q ��_`____._____• . -• Clry,State,LP+4 U.S. Postal Service- CERTIFIED MAIL,r-, .�r r RECEIPT Ln r-u (Domestic Mail Only;No Insurance Coverage Provided) mFor delivery information visit our welosite at www.usps.com,, , , a PAL US Postage $ $0.37 r u Certified Fee $2.30 0399 04 p Postmark O Return Reclept Fee $1.75 Here (Endorsement Required) Restricted Delivery Fee $r 1.11Q rl (Endorsement Required) M Total Postage&Fees $ $4.4271 07/25/2005 m O ant To a�v -..-•-------•---- - -- ---- L C or PO Box No. t4 �D 1,4 e 2i.tJ' S PS Form rr 1 �x ? i g8r, 671 Prepared by: T. Perry Jenkins, Attorney at Law ,.� 414 Main Street,Tarboro,North Carolina 27886 o NORTH CAROLINA BEAUFORT COUNTY THIS NORTH CAROLINA GENERAL WARRANTY DEED, made this day of January, 2001, by and between Emma Howell Williams and husband, Charles Walker Williams, Grantors,to Charles Walker Williams, Jr., Brinkley Howell Williams and Thomas Clay Williams, as tenants in common,whose address is 1529 Tanglewood Road, Columbia, South Carolina 29205, Grantees; WITNESSETH THAT the Grantors in consideration of the sum of Ten($10.00)Dollars and other good and valuable consideration to them in hand paid by the Grantees,the receipt and sufficiency of which is hereby acknowledged,have bargained and sold and by these presents do hereby grant, bargain, sell and convey unto the Grantees,their heirs, successors, and assigns, in fee simple, all that certain lot or parcel of land situated in Bath Township,Beaufort County,North Carolina, and more particularly described as follows: Being the remaining one-half undivided interest in the following described property: See attached Schedule"A" annexed hereto and incorporated by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belongings to the said Grantees,their heirs,successors and assigns forever, in fee simple. BEAUFORT COUNTY LAN RECOQpS LR•FORM001 # ACCEPTED Land Records Official Date ' 1 k 1 r i RK1188 672 Schedule"A" Tract One: Beginning at an existing iron pipe located at the northeast corner of Lot 8 PC:E; SL:2-3; thence South 71 degrees 05' 00"East 148.20 feet to an existing iron pipe,the point of beginning. From the point of beginning thus determined,thence South 71 degrees 05' 00"East 111.12 feet to an existing iron pipe,cornering;thence South 29 degrees 46' 00"West 269.16 feet to the Pamlico River, cornering; thence along and with the Pamlico River,North 72 degrees 10' 24"West 65.76 feet to a point,cornering;thence South 22 degrees 20' 24" West 12.99 feet to a point, cornering; thence North 72 degrees 13' 19" West 47.51 feet to a point, cornering; thence North 29 degrees 46' 00"East 284.59 feet to an existing iron pipe,the point of beginning, as shown on map entitled "Survey,for Emma H. Williams, Bath Township, Beaufort County,North Carolina,Date: 03/09/98 Scale 1"=60',Jarvis Associates,P.A., 130 E. Second Street, Washington, North Carolina 27889, (919) 974-7794." See deeds recorded in Book 351,page 539, and Book 420, page 40,Beaufort County Public Registry. Tract Two: BEING a one-seventh undivided interest in the following described property: That certain tract or parcel of land in Bath Township, Beaufort County,North Carolina, bounded on the South by Pamlico River, on the North,East and West by Charlotte B. Kugler and particularly described as follows,to-wit: BEGINNING at a U. S. Coast and Geodetic marker located on the north bank of Pamlico River approximately one mile west of Bath Creek, designated as "Pointer No. 2, Bath, 1933": thence along the shoreline of Pamlico River North 64 degrees 00 minutes West 233 feet; thence North 24 degrees 30 minutes East 179 feet; thence South 63 degrees 30 minutes East 160 feet; thence South 1 degrees 30 minutes West 198.4 feet to the point of beginning. AND BEING the identical property conveyed to E.E.Rawls, James T. Little, George H. Fountain, Brinkley Howell and W. F. Freeman,by Deed recorded in Book 460,page 589,Beaufort County Public Registry. Also see Deed recorded in Deed Book 507,page 389, Beaufort County Registry. RK ? ssn673 And the Grantors, covenant with the Grantees that Grantors are seized of the premises in fee simple,have the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein described is subject to the following exceptions: None. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals, the day and year first above written. EAL) Emma Howell Williams Aw"17/j" � 1 Charles W-aTkver Williams CAROLINA 12 el�n COUNTY I,a Notary Public in and for the County and State aforesaid, do hereby certify that Emma Howell Williams and husband, Charles Walker Williams,personally appeared before me this day and acknowledged the due execution of the foregoing instrument: Witness my hand and notarial stamp or seal,this the Z '"" day of_a`% b)�.1 /j Notary Public ,n` rf _ (SEAL) , �� ,����,;��'''� •� h My Commission Expires: 8 D North Carolina Beaufort County The foregoing Cgrtificato of-- ---�-_ t`BY�n nA Notary Public/Not-rioo Publio Warn ccr.tified .rJ be orreot This- day of olyo�l o ,, D. Jennifer Laggett J,/�. ,��1 lyJ... Regirter -- -ds 'ir' w --. �f i?CCd^