20050478 Ver 1_Complete File_20050315

Permit Class
1M1EW j
OS-0+79 Permit Number
72-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
r
ikrmit 119@20WINk.
for MAY 1 7 2005
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
WEX4NDS AND >AL'H
Excavation and/or filling pursuant to NCGS 113-229
Issued to David Liggett, 1905 Front Street, Beaufort, NC, 28516
Authorizing development in Carteret County at Adj.' Taylors Creek, Front Street, Beaufort,
as requested in the permittee's application dated 1/18/05 (MP-1) &
This permit, issued on May 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.'
Docking Facility
1) ; The alignment of the proposed docking facility shall be staked prior to construction and a pre-
app4cation meeting to approve the staked alignment shall take place with a representative of the
Division of Coastal Management prior to construction.
2) An as-built survey shall be performed on the docking facility, and copies of the survey shall be provided
to the U.S. Army Corp. of Engineers and the Division of Coastal Management, within 60 days of
completion of construction.
(See attached sheets 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
persgnnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2008
iIn '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 DENR and the
Chairman of the Coastal Resources Commission.
Z
v
Ch es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
JDa'id Liggett Permit #72-05
Page 3 of 3
ADDITIONAL CONDITIONS
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 [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NT: The permittee and/or his contractor. is urged to meet with a representative of the Division prior to
+ project initiation -
}
NOTE: Should the adjacent property to the east be sold prior to the initiation of construction, the
permittee shall be required to obtain a signed riparian corridor waiver from the new property
owner prior to the placement of any structures within the 15 foot riparian corridor.
:NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No:
050478.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit N(
197800056 (COE Action Id. No. 200500578), which was issued on 4/8/05,
s
, 1 -
4
i
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
J. Steenhuis
Fd Berk
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name David Liggett County Carteret
Project Number 05 0478 County2
Recvd FromDCM
Region Wilmington
Received Date 3/15/05 Recvd By Region
Project Type Docking slips
Certificates Strum
Class
Permit V?etland Wetland Wetland! Stream Acres Feet
Type Type ! Impact Score Index Prim. Supp. Basin Req. Req.
CANi.x ()TTT W7 O N 21-31 0.01 ?-
Mitigation Wetland
Wig?tionTy e Type Aces Feet
F_ r
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
;Have Project Changes conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? O Y ON ' Recommendation: O Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 344302
Longitude (ddmmss) 763834
Comments:
N_ ION IS REQUIRED FOR THE PROJECT AS PROPOSED. 03/29/05 JHS
cc: Regional.Pffice Page Number 1
Central Office
050478
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
March 11„ 2005
MEMORANDUM: t@:Z, WWII
D
TO: Ms. Cynd;i Karoly MAR 1 5 2005
Environmental Biological Supervisor DENR -WATER QUALITY
Division of Water Quality WE1tM AW SMRMW Tffi BRAKH
FROM: Doug Huggeti
Major Permits Processing Coordinator
SUBJECT: CAMA/D!REDGE & FILL Permit Application Review
Applicant: David Liggett
Project Location: Carteret County: Adjacent to Taylor's Creek @ 1905 Front Street, Beaufort, NC.
Proposed Project: The applicantproposes to build a private docking facility including (4) four slips on
Taylor's Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
April 1, 2005. If you have any questions regarding the proposed project, please contact Mark Hardeman at
[phone]. 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 DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
f
0CM % DWQ %
Development yp FEE (14300 1601 435100093 1625 6253 (24300 1602 435100095 2341)
1. Private, non-commercial
development that does not involve ' $250 100%($250) 0% (SO)
the filling or excavation of arty
wetlands or open water areas:

il. Pill en sj.
that does not involve the filling or 5400 100%($400) 0%($0)
excavation of any wetlands or open
water areas:
111.' For development that involves the
filling and/or excavation of up to 1
acrle of wetlands and/or open water
areas, determine if A, 8, C. or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality $250 100%(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
111($): For public or commercial
development, if General water Qualify,, 5400 100%($400) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached) ,
could be applied, but DCM staff
determined that additional review and 5400 60%($240) 40% (S160)
written DWQ concurrence is needed
because of concems related to water,
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) 5400 60%($240) 40%(S.60)
can not be applied:
IV.' For development that involves
theifilling and/or excavation of more S475 60%(S285) 40%(S',90)
than one acre of wetlands and/or
open water areas:

Mr. David Liggett Project
March 10,
Page 2 of 3
9. NARRATIVE DESCRIPTION:
Project Setting
The applicant owns a lot that is approximately % acre in size and is adjacent to Taylors Creek in the Town of Beaufort,
North Carolina, Carteret County. The street address is 1905 Front Street, which is accessed by going south off Hwy 70
in Beaufort onto Live Oak Drive, and east Front Street, then approximately one mile on the right adjacent to Taylors
Creek. Applicant states that the property is approximately 6' above MHW. The high ground is vegetated with typical
lawn grasses and Live Oak trees. 'flan-made features existing on site are a house and a shed.
The adjacent waterbody is Taylors Creek, which runs east - west for several miles between the Beaufort Waterfront
and the estuarine islands. Taylor's Creek empties into Gallants Channel to the west and the North River Thorofare to
the east. Taylor's Creek is approximately 400' wide from marsh edge to marsh edge at the site. The length of the
shoreline at the site is 75'. The soil on the high ground is sandy and leads to a 54' area of marsh. The marsh consists
of approximately 27' of high marsh; (Juncus roemerianus and 27' of low marsh (SSpartina alterniflora). This marsh
serves as shoreline stabilization for the site. The shoreline two lots to the east has a wooden bulkhead and a pier. The
adjacent lot to the west has an existing dock. There is a federal channel in Taylors Creek that requires a 61' setback at
this location as defined by the USAGE. The water depths at the proposed site range from 0' to -8' at NLW. A narrow
fringe of oysters along the marsh edge was observed at the time of the site visit.
Taylors Creek is not classified as a #'NA by the Division of Marine Fisheries, and is classified as SC by the Division
of Water Quality. Taylors Creek is dosed to shellfishing. The site is classified as Developed by the Carteret
County Land Use Plan, with all AEC's classified as Conservation.
The applicant proposes a private docking facility within his riparian lines. The proposed dock includes a 6' x 54'
access over wetlands continuing with a 6'x 56' access over open water. This leads to an 8'x 32'" L " platform with
a 3' x 15' finger pier on the west side of the access. Six additional outer tie pilings are proposed that would create
four boat slips.
Project Description:
The proposed pier would begin at the edge of the grassy high ground and the high marsh. The 6' wide access
would cross approximately 27' of high marsh (Juncus roemerianus) and 27' of low marsh (SSpartina alterniflora).
The pier would then cover 64' of open water area. The total distance from the marsh edge into the open water
including the outer tie off pilings would be 81'. According to plats provided by the applicant and confirmed by site
observation,, the proposed pier would be in line with the pier to the west and would be slightly longer than the pier
to thie east, ;but not longer than other piers in the vicinity. The tie off pilings on the east side of the proposed pier
would be on the riparian corridor line. The applicant has a signed waiver to approve the position of these pilings.
The tie pilings on the west side of the pier would be 26' from the riparian corridor. Applicant proposes four boat
slips in this facility. The proposed pier would be 19' from the USACE setback line. No high ground development is
proposed.
`' SI
C orm i)y-M :Aa-1
APPLICATI(w"'VED
(To be completed by all applicants) JAN 1 $ 2005
Morehead City DCM
b. City, town, community or landmark
1. APPILICANT F' Est L)?FD Z:r
a. Landowner:
Name -DAV rD Lt GCa
Address _ IqOS rkoN-v Sre.EE-t-
Ciry B EAU'VQZT State NC_
ZI ??6\ 4 ! 9 - 7'aA- 3?fJZ ?p?
p Co Day Phone Z 5 2- 728 - 41 q I X
? 9 783 BY9/ ?o?
Fax ?.52 - 7 28 - 419 2. CAS
b. Authorized Agent:
Name T-D. Zur-E wNSTTL Co. IWC..
Address' -PO Q 'C (P 5
City M toQ.E 14ESA?? 1XV State -. C-
c. Street addressor secondary road number
IQD5 FGTZonrr ST V-Ee:.T-
d. Is proposed work within city limits or plannir.;
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river.
creek, sound, bay) Tin- ? [.1? ) f? I=EEE
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.b.
building a home, motel, marina, bulkhead, pier, an
excavation and/or fining activities.
e D N 5T2 t)LT -PAI I)A-r7E 1765
/A ?iE?-•
Zip 28 5-7 S Day Phone 252-1Z;-4-l4/
Fax 7- 62- - 7T.8 - 4-i 9 Z
c. Project name (if any) -I)AJ cb Lt GCET'
NO r<. Pmmt will be issued in name of'lmsdow wr(s), mid/or
projetz name.
2. LOCATION OF PROPOSED
PROJECT
a. County fl27E: 2E'('
b. Is the proposed activity maintenance of an existins
project, new work, or both? 1r - w -
c. Will the project be for public, private or commercial
use? I?,G ?r?T?
d. Give a brief description of purpose, use, methods of
construction and dairy ope..-ations of proposed
proje.^t. If more spat` is needed, please amach
additional pages.
Cdr -Pee J 47rE -eEc7zEf}TiDAJ,IL
Form DAM-MP-l
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is nec ;sary,
14 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 l?4yit? Co2! .4 e-7-
Address l RD3 F-2-0 vs ST -B?i .
Prone ' Zg - Z7,//
Name •J.SAM BP_,gk JG
Address tq D- r_,Q.c)Ln,_T t;-1_. '0 Phone
R1 Fanqzo
SAN 18 Zoos
6. CERTIF* h QV0ftSIO'?
TO ENTER ON LA-N-D
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 condition`
and restrictions contained ;n the permit.
I certify that to the best of my knowledge, the propose`
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such prog--am.
I certify that I am authorized to g-and do in faa,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
coaneaion with evaluating information related to this
permit application and follow-up monitorin; of the
project.
Name I further certify that the information provided in this
Address application1s; truthful to the best of my LiowlIed(7e.
Phone
•
A list or previous state or federal This is the day of_,
permits issued for
work on the project tract. Include perr it numbers, Print Name 29,14&E-5 g , ,S E7r r J2
permirtee, {and issuing dates. - )gGAFNr
Signature
L-= ner or Awhorized Ag .
• AA chi: fo' 250 ade payable to the De-,a:-?ent of
Eavironme:pt, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for proiects in
oceanfront and inlet areas.
• A : vi s>~ate:nent of compliance with the i?i.C.
ErI rortmerzltal Policy Act (N.C.G.S. 1I3A - 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.
Please indicate attachments peraining 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-5 Marina Development
NOTE. Please sign and dare each araai mem, in are
space provided at the borrom of each form.
Ann ..? C.L ---1 ,- 1
MaR7'A SJVf CaE a4ANNE`L.
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