19980768 Ver 1_COMPLETE FILE_19980706

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 31, 1998
Carteret County
WQC 401 Project # 980768
APPROVAL of 401 Water Quality Certification
Mr. Lucas Jones
PO Box 128
Wendell, NC 27591
Dear Mr. Jones:
You have our approval, in accordance with the attached conditions, to place fill material in 1,307 square feet of
wetlands or waters for the purpose of replacing a bulkhead at Lot 15 Taylor's Creek S/D, as you described in your
application dated August 11, 1998. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. 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). For this approval to be valid, you must follow the conditions
listed in the attached 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. 276 1 1-7447. 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 Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
John Parker; DCM
Eddy Myers
980768.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIVISION OF COASTAL MANAG
FIELD INVESTIGATION REPOR

1. APPLICANT'S NAME: Mr. Lucius Jones IF,
2. LOCATION OF PROJECT SITE: lot 15 Taylor's Creek Subdivision,.
Creek, Beaufort, Carteret County
AUG 2 6I9A8
Taylor's
Photo Index - 1990: 1-2 H-10 1984: 33-1206 W-7 1995: 48-573 0-12
State Plane Coordinates - X: 2715000 Y: 357200
3. INVESTIGATION TYPE: CAMA only
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5-12-98, 6-10-98 and 7-1-98
Was Applicant Present - yes
5. PROCESSING PROCEDURE: Application Received - 5-12-98 revised 7-26-98
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Extra-Territorial Boundary Town of Beaufort
Land Classification From LUP - Developed
(B) AEC(s) Involved: ES
(C) Water Dependent: no
(D) Intended Use: private
(E) Wastewater Treatment: Existing - community
Planned - none
(F) Type of Structures: Existing - none
Planned - house, and bulkhead
(G) Estimated Annual Rate of Erosion: 0'/year
Source - Personal observation
7. HABITAT DESCRIPTION:
[AREA]
TIRFTNTpn MIRY) OTHER
(A) Vegetated Wetlands
'404'
1,307 s q. ft.
(B) Non-Vegetated Wetlands
Open Waters
650 s q. ft.
(C) Other 11
(D) Total Area Disturbed: 1,957 sq. ft.
(E) Primary Nursery Area: no
(F) Water Classification: SC Open: no
8.
PROJECT SUMMARY: The applicant is proposing to construct a bulkhead,and backfill an area of
'404' wetlands and construct a pier with an `L' at the waterward end.
FIELD INVESTIGATION REPORT:
JONES/CARTERET
PAGE #2# 1
9. NARRATIVE DESCRIPTION:
Project Setting
Taylor's Creek Subdivision is located on a 7.5-acre tract of land adjacent to Lennoxville Road
and Taylor's Creek near the Town of Beaufort, Carteret County. The project is the site of an
abandoned menhaden fish processing plant known as 'Standard Products'. Taylor's Creek
subdivision is a private residential subdivision consisting of fifteen lots with a minimum lot
size of approximately 10,000 sq. ft. Major permit #16-92 was issued to Rivendale Village to
clean up the old buildings and docks, place rip rap along the shoreline and construct a five slip
community docking facility. The applicant owns lot #15 of the subdivision which is located at
the end of Taylor's Creek Lane adjacent to Taylor's Creek. The lot is approximately 56' wide
along Taylor's Creek. A fringe of Coastal Wetlands consisting mainly of Spartina alterniflora
ranging in width from five to sixty feet. Landward of the Coastal Wetlands are jurisdictional
'404' wetlands. This area is vegetated mainly with wax myrtle, sea oxide, ferns and poison
ivy. Waters at the project have been classified as SC and are closed to the harvesting of
shellfish.
Project Description
The applicant is proposing to place a vertical wood bulkhead landward of all Coastal Wetlands
but waterward of the '404' wetlands. This area of '404' wetlands would be backfilled. The
fill area is within the Estuarine Shoreline AEC, thus requiring that a Major CAMA permit be
processed. The applicant is also proposing to construct a 5' X 70' pier with a 10' X 35' "L"-
shaped platform at the waterward end.
Anticipated Impacts
Approximately 1,307 sq. ft. , of '404' wetlands would be permanently loss from the
construction of the bulkhead and associated backfill. No Coastal Wetlands would be directly
impacted by the proposed project and at this time, the applicant is not proposing any high
ground development. The pier and L would impact approximately 650 sq. ft. Of Public Trust
Areas. One would expect some increases in turbidity during the placement of the pilings for
the pier and `L', but this should be minimum and very short term in nature. The plat shows
that the pier and `L' would be positioned less than the minimum 15' setback from the riparian
lines. The neighbor to the west has waived the setback requirement in writing. The neighbor
to the east has furnished this office with documentation indicating that the property line
between he and Mr. Jones is in dispute and the pier would be only 12.5' from his property
line.

Form- DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
b
c.
City, n, community or landmark
Street ddress or secondary oad number
-7 Z
a. Landowner:
Name --
Address zu_- Z e,'? 'I"n
y?
City?/State .//.
Zip 7S Day Phone 57 57
Fax(9 9J 3MO
b. Authorized Agent:
Name -4
Address
City, State
Zip Day Phone(/o7soc?8-/3/Q
Fax926 7a8- soon
c. Project name (if any)
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
d. Is proposed work within city limits or planning
jurisdiction? yes No
e. Name of body of water arest p oject (e.g. river,
creek, sound, bay) 44"et
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
ex vation and/ r fill' ,activities.
o ?-
b. Is the proposed activity maintena ce of an existing
project, new work, or both?
c. Will the oject be for public, private or commercial
use?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additig?al paged -
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 elev ti n of tract above MHW or
NWL
d. ???(s) and texture(s) of tract
e. Vegetation on tract V ?iJ . " 1?Ui• A0,0A
UQrjrm
f. Man-made features now on tr
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
u/ Rural Other
h. How is _ ??act zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? _1 Yes No
(Attach zoning compliance certificate, if applicable)
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 ligible property?
Yes No
Are there wetlands on the site? V/ Yes No
Coastal (marsh) Other "yD/
If yes, has a delineation been conducted
(Attach documentation, if available)
m. Describe existin w tewater treatment facilities.
!-?
_?-40.a
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
do 9? .and residential discharges.)
WW mow?
o. Desc be existing drinking water supply source.
,XJ `vl?
5. ADDITIONAL INFORMATION
14
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 S 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7).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
Revised 03/95
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 or -,Vnq_0
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.
20/Q
• 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 .S day of A?, 19&.
Print Name Le/as :owe S
Signature J
4toor A &Zed 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 03/95
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes ? No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number L
(ii) Length
lo?t'C?
(iii) Width f?
(7) Number of slips proposed 7-
(8) Proximity of structure to adjacent riparian
property lines 1J t G t
(9) Width of water body ISD ,0 t -
(10) Water depth at waterward end of pier at
MLW or NWL zo '
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. w ,god, shee ile, etc.)
Revised 03/95
(1) Length (2) Average distan a JSA
from MHW, NWL or
wetlands 0
(3) Maximum distance beyond MHW, NWL or
wetlands n
e. Mooring buoys
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Applica or Project N e
S ture
x`4'0 7 ZO y? C?r?
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199801351
Mr. John Dorney
Division of Water Quality
North Carolina Department
Environment and Natural
4401 Reedy Creek Road
Raleigh, North Carolina
Dear Mr. Dorney:
August 17, 1998
U
of Resources \
27611-7687
Reference the application of Mr. Lucius Jones for Department of the Army
authorization and a State Water Quality Certification to construct a bulkhead
with backfill, impacting 0.03 acre of wetlands, and construct a pier with an
"L" on Taylor's Creek, at lot 15, Taylor's Creek Lane in Beaufort, Carteret
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 October 16, 1998, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
r
1
*eVH. Richter
Project Manager
Wilmington Field Office
Copy Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
' To: John Dorney
Environmental Sciences Branch
DIVISION OF WATER QUALITY
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: STEENHUIS
WQ SUPERVISOR: SHIVER
DATE: August 17, 1998 y
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 98 PERMIT NO.: 980768 COUNTY: Carteret
PROJECT NAME: Lucius Jones/Lot # 15, Taylor's Creek S\D
PROJECT TYPE: Bulkhead, rill and build dock PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: August 11, 1998
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030504
*STREAM OR ADJACENT WATER BODY: Taylor's Creek
CLASS: SC STREAM INDEX #: 21-34
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: BM/FM
WL REQUESTED: 0.03 AC WL ACR EST: no
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant is proposing to construct a bulkhead and backfill an area of
`404' wetlands and construct a pier with an "L" at the waterward end.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification # 3112 for CAMA Permits
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
AREA OF FILL - WATER: 0.015 ac WETLAND: 0.03 ac
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
980786.August
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOIVIlVIENDED CONDITIONS OR PERAM RESTRICTIONS: That the project be done
in such a manner so as to not cause turbidity outside the immediate construction area to exceed
25 NTU.
Due to the proximity of other docks in the area, this office would like to limit the number of boat
slips to 2 (two). The shellfish waters in the area are closed and the addition of boat docks could
cause additional degradation of the water quality (15A NCAC 2B .0201).
0
J(1"
cc: Central Files - John Dorney
Wilmington Regional Office Files
DCM-Charles O. Pigott
John Parker