19850177 Ver 2_Other Agency Correspondence_20170911

ROY COOPER
Gove"',
MICHAEL S. REGAN
Scaremn
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QVACITV Ovepnr'
FkWF NED/NCDENIIIDW F1
MEMORANDUM
TO: Gregg Bodnar, Assistant Major Permits Coordinator
SEP 14 � 2017
Division of Coastal Management, Morehead City Water ouatlry6891°
THROUGH: Frank Jennings, District Manager
Wash ngtorr Re�jlorgior�'fice
Northeastern District, Division of Coastal' Management
FROM: Yvonne Carver, Field Representative
DATE: September 5, 2017
SUBJECT: William Black, Jr., 132 & 136 Country Club Drive, Edenton, Chowan
County; Recommendations for Major Permit
The applicant proposes to place rock along an existing sheet piling wall, extending out
12 feet from the wall, and a cap of riprap over the top of the existing gabion jetties. The
base width of the riprap proposed to encapsulate the existing gabion jetties is 15 feet,
and the caps would be up to 2.5 feet above NWL. The purpose of Mr. Black's request is
to provide permanent stabilization around the existing boat basin, and strengthen the
protective nature of the existing gabion system, which was permitted under Major
Permit #50-85.
The development proposal involves the Public Trust Area (PTA) and Estuarine Waters
(EW) Areas of Environmental Concern (AECs).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain
to this proposal, and my findings are as follows:
It is the objective of the Coastal Resources Commission to conserve and manage
estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust
shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their
biological, social, economic, and aesthetic values and to ensure that development
occurring within these AECs is compatible with natural characteristics so as to minimize
the likelihood of significant loss of private property and public resources. Furthermore, it
is the objective of the Coastal Resources Commission to protect present common-law
and statutory public rights of access to the lands and waters of the coastal area.
Consistent: The development proposal is consistent with the intent of this rule.
-- -, Nothing Compares_
State of Notch Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Site 3001 Elizabeth City. NC 27909
252-264-39011252-331-2951 [fax]

North Carolina Department of Environmental Quality William Black, Jr., Recommendations
Division of Coastal Management Page 2 of 4
September 5, 2017
15A NCAC 07H.0206 ESTUARINE WATERS
(c) Management Objective. To conserve and manage the important features of
estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic,
and economic values; to coordinate and establish a management system capable of
conserving and utilizing estuarine waters so as to maximize their benefits to man and
the estuarine and ocean system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the
management objectives in this Rule. Highest priority of use shall be allocated to the
conservation of estuarine waters and their vital components. Second priority of
estuarine waters use shall be given to those types of development activities that require
water access and use which cannot function elsewhere such as simple access
channels; structures to prevent erosion; navigation channels; boat docks, marinas,
piers, wharfs, and mooring pilings. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal
wetlands, estuarine waters, and public trust areas described in Rule .0208 of this
Section.
Consistent: The development proposal is consistent with the intent of this rule.
15A NCAC 07H .0207 PUBLIC TRUST AREAS
(c) Management Objective. To protect public rights for navigation and recreation and to
conserve and manage the public trust areas so as to safeguard and perpetuate their
biological, economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management
objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any
use which jeopardizes the capability of the waters to be used by the public for
navigation or other public trust rights which the public may be found to have in these
areas shall not be allowed. The development of navigational channels or drainage
ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or
marinas are examples of uses that may be acceptable within public trust areas,
provided that such uses shall not be detrimental to the public trust rights and the
biological and physical functions of the estuary. Projects which would directly or
indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns,
violate water quality standards, or cause degradation of shellfish waters are considered
incompatible with the management policies of public trust areas. In every instance, the
particular location, use, and design characteristics shall be in accord with the general
use standards for coastal wetlands, estuarine waters, and public trust areas.
Consistent: The development proposal is consistent with the intent of this rule.
15A NCAC 07H.0208 USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in coastal
wetlands, estuarine waters, and public trust areas... Uses that are water dependent
include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging,

North Carolina Department of Environmental Quality
Division of Coastal Management
wiiliam Black, Jr., Recommendations
Page 3 of 4
September 5, 2017
bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational
aids, mooring pilings, navigational channels, access channels and drainage ditches;
Consistent: The development proposal is consistent with the intent of this rule.
(2) Before being granted a permit, the CRC or local permitting authority shall find
that the applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the
construction activities involved shall be consistent with the management
objective of the Estuarine and Ocean System AEC (Rule .0203 of this
subchapter) and shall be sited and designed to avoid significant adverse impacts
upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission,
and spawning and nursery areas;
Consistent: The development proposal is consistent with the intent of this rule.
(B) Development shall comply with state and federal water and air quality.
Consistent: Applicant has received approval of a 401 Water Certification, DWR
#1985-0177 V2, from the Division of Water Resources. The development proposal
is consistent with the intent of this rule.
(C) Development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of
Cultural resources;
(D) Development shall not increase siltation;
(E) Development shall not create stagnant water bodies;
(F) Development shall be timed to avoid significant adverse impacts on life
cycles of estuarine and ocean resources; and
(G) Development shall not jeopardize the use of the waters for navigation or
for other public trust rights in public trust areas including estuarine waters.
Consistent: The development proposal is consistent with the intent of these
rules.
(b) Specific Use Standards
(7) Bulkheads
(E) Where possible, sloping rip rap, gabions, or vegetation shall be used
rather than bulkheads.
Consistent: The development proposal is consistent with the intent of this rule.
(9) Groins
(B) Groins shall be set back a minimum of 15 feet from the adjoining riparian
lines. The setback for rock groins shall be measured from the toe of the
structure. This setback may be waived by written agreement of the adjacent
riparian owner(s) or when two adjoining riparian owners are co -applicants.

North Carolina Department of Environmental Quality
Division of Coastal Management
William Black, Jr., Recommendations
Page 4 of 4
September 5, 2017
Should the adjacent property be sold before construction of the groin
commences, the applicant shall obtain a written agreement with the new owner
waiving the minimum setback and submit it to the permitting agency prior to
initiating any development of the groin;
The applicant proposes to add riprap to existing sheet pile wall(s) and gabion
jetties. The adjacent riparian property owner to the north, Kenneth Frazier, was
notified of the proposal to riprap the sheet pile walls in 2016. Mr. Frazier had no
objection to the proposal and waived the 15' setback requirement. A waiver is
not required from the riparian property owner to the south, Patricia Timberlake.
Mr. Black's consultant, Brian Rubino, sent out new letters to the adjacent riparian
owners in August 2017, providing them with the updated workplans which show
the proposed riprap to encapsulate the existing gabion jetties.
Consistent: The development proposal is consistent with the intent of this rule.
(G) Riprap material used for groin construction shall be free from loose dirt or
any other pollutant and of a size sufficient to prevent its movement from the site
by wave and current action.
Consistent: The development proposal is consistent with the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative
Code, the permit application and plans, I recommend a Major Permit be issued to
William Black, Jr. as requested, with standard permit conditions.