19980937 Ver 1_COMPLETE FILE_19980910

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
F?W'A
NC ENR
(NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 18, 1998
Mr. and Mrs. Ennis
253 Pearson Circle
Newport, NC 28570
Dear Mr. Ennis:
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed retention of fill of estuarine waters
WQC Project # 980937
Carteret County
Attached hereto is a copy of Certification No. 3211 issued to Mr. and Mrs. Ennis dated
November 18, 1998.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r ton oward, Jr.
Attachments
980937.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
John Collier; Collier Survey Co.
Division of Water Quality • Environmental Sciences Branch
Enviro. 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
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division
of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to Shawnasee
and Lena Ennis resulting in 1,311 square feet of water impact in Carteret County pursuant to an
application filed on the 20' day of August 1998 to retain fill placed in a canal at Lot 65 on Broad
Creek near NC 24 and Bogue Sound.
The application provides adequate assurance that the discharge of fill material into the
waters of Broad Creek in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us
and 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 211.0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed below. 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.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of two manuals. Either the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North Carolina
Surface Mining Manual" (available from the Division of Land Resources in the
DEHNR Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh
water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands or other waters, compensatory
mitigation
will be required since it is a direct impact from road construction activities;
Violations of any condition herein set forth shall result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must
be in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
276 1 1-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 18'h day of November 1998
WQC # 3211
DIVISION OF WATER QUALITY
rest Howar lJr6P..E-
I
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
Jacksonville Daily News
Carteret County Bureau
Route 2 NC-24
Cedar Point Village
Emerald Isle, NC 28557
Attn: Legal Ad Department
Dear Sir:
Re: Public Notices
A LT?W'j
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 5, 1998
Please publish the attached Public Notice one time in the section set aside for Legal Advertisements
in your newspaper. The publication should run on or before October 12, 1998. Please send the invoice
for publication and three copies of the affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Water Quality
Water Quality Section
4401 Reedy Creek Road
Raleigh, NC 27607
Attn: John Dorney
If you have any questions concerning this matter, please call John Dorney at 919-733-1786.
MRRDD ater Q
uality Cert' ' ation Program
cc: John Dorney
Wilmington DWQ Regional Office
Central Files
Wilmington Field Office US Army Corps of Engineers
Ernie Seneca; DWQ
John Parker; DCM
Shawnasee Ennis
980937.pub
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
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NORTH CAROLINA DIVISION OF WATER QUALITY
PUBLIC NOTICE is hereby given that Shawnasee and Lena Ennis of Newport, North Carolina,
have applied to the North Carolina Division of Water Quality for a Water Quality Certification
pursuant to Section 401 of the Federal Clean Water Act and Water Quality Commission rules in
15A NCAC 2B .0101, 15A NCAC 2B .0231 and 15A NCAC 21-1.0500. The activity for this the
certification is sought is to retain fill and place additional fill in 1,380 square feet of a canal at
their property at lot 65, White Oak Township off of NC 24 near Broad Creek. Comments should
address project number 980937.
The public is invited to comment on the above mentioned application to the Division of Water
Quality. Comments shall be in writing and shall be received by the Division no later than
October 30, 1998. Action will be taken by DWQ after that date. Comments should be sent to
N.C. Division of Water Quality, Environmental Sciences Branch, 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, Attention: John Dorney [phone] Fax: [phone].
A copy of the application is on file at the Division office at Wilmington, North Carolina 28405-
3845 (Wilmington Regional Office 910-395-3900 Fax [phone]) during normal business
hours and may be inspected by the public.
estop H ard, Jr.
for
Division of Wa r uality
DATE: October 5, 1998

MEMORANDUM;
TO: JOHN PARKER
JEFF RICHTER
JOANNE STEENHUIS
JIM FRANCESCONI
i•:ATHY VINSON
FROM: T BARRETT \)I
A
SUBJECT: COMMENTS & RECOMMENDATIONS - LAMA MAJOR
PERMIT VIOLATION - SHAWNASEE AND LENA ENNIS, CARTERET,
CARTERET COUNTY
DATE: August 20, 1998
Please fine enclosed a Plat and description of a project that was found to ae
in violation of the CAMA in that the applicant had not received proper permits.
The' proper procedure for authorization of this project would have been a
Major CAMA Permit, allowing for full review and comments by the federal and
state agencies.: Since this review was precluded by the premature onset of
construction, I am now asking for you to review the enclosed request to
complete the project,
Attached is the: Restoration Plan sent with the Notice of Violation. On this
plan, the applicant has stated the intent of the project. Additionally, he has
attached a plat showing the dimensions of the proposal.
The project involves the filling of an artificially created canal, with high ground
on both sides. The canal connects to Broad Creel; about midway along Its
west side, south of the Highway 24 bridge. At this point, the creek Is not
designated as Primary Nursery Area, carries a-water quality classification of
SA, is closed to the taking of shellfish, and is classified as Limited Transition
in the Carteret County Land Use Plan. The aerial photograph Is #39-482, year
1995.
The canal is approximately 5p' in length, and 23' In width, The substrate is
very silty, there is nc evidence of a shellfish resource, and there does not
app?ar to have been any wetlands or beds of submerged aquatic vegetation.
Mr. Ennis has constructed a vinyl bulkhead wall across the mouth of the basin,
and, was in the process of filling the basin with broken concrete and sand
h4orchcad Citv OfIict
Iicstron Pi= L 151 -B Hwy. 24, Morehead Cit}-, N(` 28559
Pnonc C-52) 809-2808 Fax [phone]
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5EP-02-1993 15:55 FROM DCM MOREHEAD 919 247 -JZ3 TO 1-910-350-2004 P.02
when the projectjwas stopped. The project will require approximately 146 cubic yards of
material to fill.
Please submit i+ptten comments on the proposal and any action you may take to myself
or John Parker as soon as possible. Thanks,
tjb
cc: Ted Tyndall, DCM
Charles .Bones, DCM.
Mika Morris, LPO
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SEP-0 1998 151:55 FROM DCM MOREHEAD 919 247 3330 TO 1-910-350-2004 P.03
RESTORATION PLAN 98-36C
FOR
Shawnasee and Lena Ennis
Property located at 253 Pearson Circle, Newport, NC, Cartertet County
i
1) Submit a complete plat showing the basin and its dimensions before any recut activity, and showing
all proposed and rkent activity, to include the bulkhead wall and fill material, referencing the normal
high water contour, for agency: review. Additionally, signatures of no objection or certified mail return
receipts must be received from the adjoxxxi n riparian property owners.
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Additional information in the form of authorization to complete the proposed activity, or requirement
to restore the aM-6ted area wil.be forthcoming after agency comments are received.
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1, Shawnasee Ennis, agree to supply the above requested materials to the NC Division of Coastal
MwmgcIpgg, aW to refrain from any additional activity within Areas of Enyirontnental Concern until
4 final _dedi@ipp lq?jnade. I agree to completer' this, portion of the restoration by 8/26/9$.

DATE: en2r,4 7 , 19
SEP-02-1998 15:55 FROM DCM MOREHERD 919 247, 3330 TO
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SEP-02-1998 1-5:5G FROM DCM MOREI-EAD 919 247 3530 TO 1-910-350-2004 P.©6
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1 owning property adjacent to Shawn & Lena Ennis have
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no objection to theih filling a old existing boat launch site located on their property,
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with suitable fill ni'aterial. nI e
SEP-02-1993 !5:56 FROM DCM MOREIEAD 919 247 3530 TO 1-910-.350-2004 P.05
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awning property adjacent to Shawn & Lena Ennis have
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no objection to them filling a old existing boat launch site located on their property,
with suitable fill mintcrial.
Signed.
I
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
TO: JOHN PARKER
TERE BARRETT
JOHN DORNEYA?
'a4f 40
ENR
NC RRAILMR'Aic)??E:E
ENVIRONMENT THROUGH: RICK SHIVER
FROM: JOANNE STEENHUIS-17
SUBJECT: SHAWNASEE & LENA ENNIS, CARTERET COUNTY
DATE: SEPTEMBER 2, 1998
This project would require a 401 permit. The applicant needs to use sediment fences or other erosion control to
prevent any fill into additional waters/wetlands. This office has no objection to the project as proposed.
127 Cardinal Drive Extension, Wilmington, NC 28405 • Telephone [phone] • Fax [phone]
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