20041539 Ver 1_COMPLETE FILE_20070831

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C O V E R
._ FAX
S H E E T
To: Rick Shiver
Joanne Steenhuis
Cindi Karoly
Fax [phone] (RS & JS)
733-6893 (CK)
Subject: Eugene 0. Evans, Jr., v. NCDEN , DWQ
Date: January 12, 2005
Pages: 3, including this cover sheet.
COMMENTS
Please see the attached Order Staying Proceedings on the above-subject case.
If you have any questions, please do not hesitate to call contact this office.
From the desk of...
Janet D. Leach
Paralegal
Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 287699-900
[phone]
Fax: [phone]
[e-mail]
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FILED
OI'l'1(:s pF
ADMINISTRATIVE 11EARINGS
Dec Z2 10 37 AM 2004
STAVE OF NORITI CAROLWA IN TFIE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY" OF BRUNSWICK 04 EHR 1577
Eugene O Evans Jr.
Petitioner
vs.
N. C. Department of Environment and
Natural Resources, Division of Water
Quality
Respondent
ORDER STAYING
PROCEEDINGS
THIS CAUSE coming before the Administrative Law Judge on the parties' Joint Motion
to Stay. Having reviewed the motion and the file, it appears to the undersigned that the
Motion should be allowed.
WHEREFORE, it is hereby ORDERED:
1. This Matter is continued from its current setting fox hearing. New dates for the
hearing will be scheduled as necessary by a later Order.
2. Both parties will report to the Court the status of this case on or before March 1,
2005. At that time, the patties and the undersigned will confer to set a hearing date,
should the case proceed to bearing.
IT IS SO ORDERED.
This the 22nd day of December, 2004.
-&? -y'
Beryl E. 'Wade
Administrative Law Judge
z0'd VS: 91 S0, ZT uPf 992-9-9TZ-6T6:XP-d NOIiD3S QNd-1 '8 ?13iUl
WATER & LAND SECTION Fax:[phone] Jan 13 '05 8:06 P.01
rJ
C O V E R
FAX
S H E E T
To: Rick Shiver
Joanne Steenhuis
Cindi Karoly
Fax A. [phone] (RS & JS)
733-6893 (CIS)
Subject: Eugene O. Evans, Jr-, v. NCDEIVR, DWQ
Date: January 12, 2005
Pages: 5, includi g this cover sheet.
COMMENTS:
Please see the attached Order Staying Proceedings on the above-subject case.
If you have any questions, please do not hesitate to call contact this office.
From the desk of...
Janet D. Leach
Paralegal
Department of Justice
Environmental Division
9001 Mail Service Center
Ralelgn. NG ZBT599-9UU
[phone]
Fax. [phone]
ileach(d-)ncdoi.com
JAN-13-2005 THU 07:44 TEL:[phone] NAME:DWQ-WETLANDS
P. 1
r
WATER & LAND SECTION Fax:[phone]
FII.F D
OVVI('t: (IF
Al),NIINISTRATIVE HEARINGS
Dcc'-Z 1037,%N1 2004
STATE OF NORTH CAROLINA,
COUNTY OF BRUNSWICK
Jan 13 '05 8:06
P. 02
IN T lE OFFICE OF
,ADMINISTRATIVE HEARINGS
04 EHR 1577
Eugene O Evans Jr. )
Petitioner }
}
vs. ) ORDER STAYING
} PROCEEDINGS
N. C. Department of Environment and )
Natural Resources, Division of Water )
Quality }
Respondent )
THIS CAUSE coming before the Administrative Law Judge on the parties' Joint Motion
to Stay. Having reviewed the motion and the file, it appears to the undersigned that the
Motion should be allowed.
WHEREFORE, it is hereby ORDERED:
1. This Matter is continued from its current setting for hearing. New dates for the
hearing will be scheduled as necessary by a later Order-
2. Both parties will report to the Court the statusof this case on or before March 1,
2005- At that time, the parties and the undersigned will confer to set a hearing date,
should the case proceed to hearing.
IT IS SO ORDERED.
This the 22nd day of December, 2004.
7ty_ 4 ?j -
Beryl F,- ade
Administrative Law Judge
JAN-13-2885 THU 87:44 TEL:[phone] NAME:DWQ-WETLANDS
P. 2
.
WATER & LAND SECTION Fax:[phone]
Jan 13 '05 8:06 P.03

l
.1?
i
?1_ l ??r?• ? 4
f
,TAN-13-2085 THU 87:44 TEL:[phone]
NAME:DWQ-WETLANDS P. 3
DATER & LAND SECTION Fax:[phone]
Y FI I.F.u
OVVICE OF
rtDM1tt\ISTRATIVI; 11RAMNCS
Dec 22 J037 AM 7004
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Eugene 0 Evans Jr.
Petitioner
VS.
N. C. Department of Environment and
Natural Resources, Division of Water
Quality
Respondent
Jan 13 '05 8:06 P.04
1N THE OFFICE OF
ADMINISTRATIVE HEARINGS
. . 04 EHR 1577
}
ORDER STAYING
PROCEEDINGS
T141S CAUSE coming before the Administrative Law Judge on the parties' Joint Motion
to Stay. Having reviewed the motion and the file, it appears to the undersigned that the
Motion should be allowed.
WHEREFORE, it is hereby ORDERED:
1. This Matter is continued from its current setting for hearing. New dates for the
hearing will be scheduled as necessary by a later Order.
2. Both parties will report to the Couzt the status of this case on or before March 1,
2045. At that time, the parties and the undersigned will confer to set a hearing date;,
should the case proceed to hearing.
IT IS SO ORDERED.
This the 22nd day of December, 2004.
Beryl E. i ade
Administrative Law Judge
JAN-13-2005 THU 07:45 TEL:[phone]e93 NAME:DWO-WETLANDS P. 4
WATER & LAND SECTION Fax:[phone]
Jan 13 '05 8:06 P.05

la-a?- o
y `

JAN-13-2005 THU 07:45 TEL:[phone] NAME:DWQ-WETLANDS P. 5
Challenge by Eugene Evans to the 401 Cert. Issued To N...
Subject: Challenge by Eugene Evans to the 401 Cert. Issued To Newcomb
From: "Don Laton" <dlaton @ ncdoj.com>
Date: Fri, 03 Dec 2004 09:11:19 -0500
To: <[e-mail]>, <[e-mail]>,
<Noelle.Lutheran @ ncmail.net>, <rick.shiver@ ncmail.net>
CC: "Beverly Coats" <BCOATS @ ncdoj.com>, "Janet Leach"
<JLEACH @ ncdoj.com>, "Kathy Cooper" <kcooper@ ncdoj.com>, "Meredith
Jo Alcoke" <[e-mail]>, <[e-mail]>,
<coleen.sullins @ ncmail.net>
Re:
DWQ Project #041539 - - 125 Harbor Road in Marshallberg
WQC #3351
OAH Contested Case No. 04 EHR 1577, Eugene Evans v. NC DENR,
DWQ
FYI: Yesterday I filed a motion for stay in the above-referenced contested
case which challenges the above-referenced 401 Certification. The
Petitioner, Eugene Evans, joined ("agreed to & signed") in the Motion. The
Motion requests an indefinite stay (postponed until further notice) until a
decision is made on the application for a CAMA permit. When the ALJ
(Administrative Law Judge) rules on the motion I will let you know right away
by e-mail and then provide you with a hard copy. The decision to allow or
disallow the motion is at the ALJ's discretion. I think its being granted is very
likely since the Motion is with everyone's consent. Also, the overlap of
subject matter makes the unnecessary expense of 2 hearings very
apparent, in my opinion.
Thanks for your time with this contested case.
Donald W. Laton
Assistant Attorney General
Environmental Division, RM 323A
Old Education Bldg.
114 W. Edenton Street
Raleigh, NC
919-716-6963, direct number
919-716-6766, fax number
dlaton@ ncdoi.com
1 of 2 12/3/2004 4:27 PM
Challenge by Eugene Evans to the 401 Cert. Issued To N...
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Laton, Don
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF;NGW:[e-mail]
N:Laton;Don
END:VCARD
2 of 2 12/3/2004 4:27 PM
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TO: Cindi Karoly, DVVQ 401 Ovorsifielllxpress Permitting Unit;
Henry Wickcr, Corps ofEnginecra. Wilmington Ficld Otlicc;
John Hennessey DWI Wetlands 401 Certification UrUt ;
Joanne Steenhuis, DWQ Environmental Engineer, 401C.eTtification Unit; and
MiIfk Hatdenfau, DWQ, LAMA, Morehead Regional OMGc
FROM: Donwald W. Laton, Assistant Attorney General
FAX Nos.. CK 733-6$93
HW [phone]
JH 733.6893
JS F
MTi C
DATR: N(1VGTnl)CT 2, 1001
RE., Petition against issuance of a 401 Certification w Robert T. Newcomb, Jr_, by Eugene 0.
Evans, Tr., of Brunswick County; DWQ Pmjec:t Nu.: 041539
OAH File No.; 04 EHR 1577
Pagm: including cover sheet
C'OVMFNT$:
Attached, please find important dates In refe#enee to the above-referenced
case, Please murk your Calendars aceordlangly.
If you have any questions, please earl.
TO 'd TS: 9T b0, 2 AoN 9929-9TZ-626: xp3 NOI193S QNU? '8 d31UM

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tRe?
Reply to
Donald W. Luton
Environmental Division
Tel- [phone]
Pa,., [phone]
dlatonaa)ncdot.com
***iMPORTANT DATES PLEASE READ ENTIRELY
MARK M9 (lei ;i.ENDAXS .tl`.N 1)
RESPOND ACCORDINGLY' * *
TO: Cilidi Karoly, DWQ 401 OvemitelExpress. Permitting Unit;
henry Wicker, Corps of Engineers, Wilmington Field Office;
John Hennessey DWQ Wetlands 401 Certification t1nit ;
To}erne. I.rrnlusi?, T)WQ Frivir(Mirttrnitd F itrinrer, .1(11 CA r(irluntion TTrrit.; kind
Marti Ilardeman, DWO., LAMA, Morehead, NC
MOM: Donald W. Luton, Assistant Attorney General
DATE: Novctnbcr 1, 2004
RF._ Pelidnn nga.inti! ititiuance of the 4111 (`rrGlicutGrn hi RuLrrt T. Nrwr-onob, Jr. l,y Faig w
O. T?vans, Tr. , ofl3run,vnc,k C. nmty; DWQ Prnjcct.'No._ 0415:19 and
0A1I I& No.; 04 MIR 1571
Please note that I have been assigned to handle the above referenced contested case. I will need
to begin preparing our case as soon as possible. Please review the irhportant dates listed below and mark
your calendars accordingly.
November 1, 2004 Prchearing Ststttaitat Add Documents Ceinstittiting Agency Action. T need a
copy of' the certification tile.
November 22, 2004 Any Discovery nmst be sent to Petitioner b? this date to give us enough time to
receive answers prior to hearing. Any discoery sent to us by petitioner must be
I-CSI 111drl In within 1:5 days ref rrtripl of flee tpersl itrn All disrttvrry rtn.r-l Iii
completed by December 27, 2004.
Week Beginning
January 10, 2005 Hearing is set in 'Wilmington, N(; wltb beryl 1;. Wade, Administrative Lary
Judge presiding. If the hearing date is a conflict, please notify this office
immediately.
ZO'd ZS: 9T b0, S AoN 992-9-9TZ-6T6:xe3 NOI193S QNUl ' d31UM
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PLEASE NOTE: After careful consideration, you have been listed as a witness in this case and
will be expected to attend the nearing unless otherwise informed. Between now
Hild the l:&arinp flab', you will E1kV.t M' fiileAak with Mr. In diu:nss ymor mfr. in
refs r .noc to derc hcariim As the hcarium date dmwa closer. You may or may not
be dropped from the list Pitcher way, you will be informed-
If you have any questions or connnents regarding this case. please call me at [phone]. If I am not
available, you may contact Janet Leach for immediate assistance at [phone].
FIRASE DO NOT DISREGARD REFORE READING, NOTTNr THE TNfPOTtTANT DAMS
AND RESPONMG. WHERE NECESSARY.
20'd ZS:9Z V0, S? AoN 99Z9-9IZ-61 6:XPJ NOI193S GNa1 ? d3iU l
AIN 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
September 8, 2004
MEMORANDUM:
041539
TO: John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
WETLANDS/ 401 GROUP
SEP .1 6 2004
WATER QUALITY SECTION
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Robert T. Newcomb, III
Project Location: Carteret County, Marshallberg Harbor off Sleepy Creek at 125 Harbor Rd., in the
Community of Marshallberg.
Proposed Project: Proposes to construct a new bulkhead and demolish existing docks and construct a
new docking facility. Also proposed is excavation within an existing boat basin.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 29, 2004. If you have any questions regarding the proposed project, please contact Mark
Hardeman at [phone]. When appropriate, in-depth comments with supporting data is 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
151-B Hwy. 24, Hestron Plaza II, 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
Development Type FEE 0CM % DWQ %
(1430016014351000§3 1625 6253 (243001602 435100095 2341
1. Private, non-commercial
development that does not involve 5250 100%($250) 0%($0)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not involve the filling or $400 100%($400) 0%($0)
excavation of any wetlands or open
water areas:
III. 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 applies:
III(A). For Private, noncommercial
development, If General wat ali 5250 100%($250) 0% (SO)
Certification No.3301 (see attached
can be applied:
III(B): For public or commercial
development, if General water Quality 5400 100%(S400) 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 $400 60%($240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) $400 60%($240) 40% (5160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more 5475 60%(S285) 40%($190)
than one acre of wetlands and/or
open water areas:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Robert Newcomb III 04 153,q
2.
3
LOCATION OF PROJECT SITE : Marshallberg Harbor off Sleepy Creek at 125 Harbor Rd.,
Community of Marshallberg, Carteret County, NC
Photo Index - 2000: grid 53-630, K-10,11
State Plane Coordinates - X: 2745700
1995: grid 41-499, M-13,14
Y: 361600 Rover #
INVESTIGATION TYPE : CAMA/D&F
4. INVESTIGATIVE PROCEDURE : Dates of Site Visit - 8-12-04, 9-02-04
Was Applicant Present - yes, no
5. PROCESSING PROCEDURE: Application Received - 8-09-04
Office - Morehead City
6. SITE DESCRIPTION :
(A) Local Land Use Plan - Carteret County
Land Classification Fro m LUP - Community/Conservation
(B) AEC(s) Involved: EW , PTA, & ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - None
(F) Type of Structures: Existing - House, Bulkhead, Docks
Planned - Bulkhead, Docks
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION :
DRRDGFD 1FTT.11RD irly "Dip
(A) Open Water 2100 ft.2
430 ft.2 shaded
(B) Shallow Water Bottom Area 2,500 ft.2
(C) Highground 4000 ft.2
(D) Total Area Disturbed: 8,800 ft.2
(E) Primary Nursery Area: NO
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to build a new bulkhead and demolish existing docks
and build a new docking facility. He also proposes to perform excavation within an existing boat
basin.
Field Investigation Report:
Robert Newcomb III/ Carteret County
Page 02
Narrative Description:
9. The applicant owns property at 125 Harbor Dr. which is located on the North side of Marshallberg
Harbor in the Community of Marshallberg. Marshallberg Harbor is designated as a USACE Harbor of
Refuge. The lot where development is proposed is approximately .51ac. and is at a 4' elevation above
NWL. The lot is mostly grass yard with a dirt road running parallel with the harbor approximately 40'
from the NWL. Man-made features on the lot include a house near the road (Harbor Drive) and an old
bulkhead and existing docks. There is currently a commercial trawler moored at the existing dock. Without
the trawler there would be room for three smaller boats. There are also piers and tie off pilings that exist
up to the riparian property lines on either side. The piers on the east side are parallel to the harbor channel,'
the piers to the west are perpendicular. There is also a U. S. Army Corps of Engineers Harbor Line
delineated on the surveys. Through site visits and aerial photos it is determined that none of the existing
piers encroach on this line. The existing docks on the property have been maintained by the Marshallberg
Harbor Club and at this time ownership is disputed. The applicant has a deed showing ownership to the
high water line. Water depths in the existing harbor channel are 5-6 feet with depths in the slips quickly
rising to 1-2 feet. The channel from the harbor leads to Sleepy Creek and then to the Straits. The waters in
Sleepy Creek are classified SA, and are designated a PNA. Shellfishing is closed within 275' of the mouth
of Marshallberg Harbor.
The applicant is requesting a permit to build a new wood or concrete bulkhead (100') along the NHW line
of the Harbor. Some excavation including debris removal along the line of construction will be necessary.
This debris is to be removed from the site. Upland excavation is limited to that necessary for a tieback
system.
An area approximately 100' in length is to be excavated from the NHW line out 30' to a depth of 3.5',
which is the connecting water depth at that point. The spoils are to be placed on-site a minimum of 30'
landward of the NHW line. A hydraulic excavator is to be used for digging the basin. The spoils are to be
contained on high ground by use of silt fences until dewatered and then removed.
Also requested is a permit allowing (4) boat slips. A 4'x 70' dock is to be constructed parallel to the new
bulkhead with (5) 2' x 15' finger piers built perpendicular to the shoreline dock. A line of 5 outer pilings
will be used for tying off boats. This row of tie off pilings will be limited by the line referred as the
USACE Harbor Line.
Anticipated Impacts:
10. The project as proposed will result in the reconfiguration and extension of four boat slips into
Marshallberg Harbor. An estimated 2100 ft.2 of public trust area will be occupied by fixed docks and their
associated mooring areas, of that amount 430ft2 would be shaded. The mooring piling line will be 2'-3'
further out toward the channel than the adjacent property to the west. The line of mooring pilings will
extend 9'-10' further out than the parallel dock to the east. However it appears that this pier configuration
would not impede navigation. The proposed excavation in the basin will result in approximately 2500ft.2 of
shallow water bottom area being deepened with the 340yds.3of sand material being removed by hydraulic
excavator and the material put on a spoil site on the property. Approximately 3000ft2 of highground would
be disturbed with temporary placement of spoils placed on a 36' x 83' area on site. Some increases in
turbidity can be expected during the excavation and the bulkhead construction. These impacts should be
short term and minor in nature. Silt screens will be used in front of the spoil site to prevent runoff into
adjacent waters.
PREPARED BY: Mark Hardeman
DATE: September 3, 2004
Morehead City
Form DCM MP-1 (Page 1 of 4)
DCM MP- 7
APPLICATION for
t iVlajor F evelopment Permit
2004
APPLICATION fo1"I'll head tl/ E)r
Major Development
(last revised 3113103)
_'°r ,veei A
Perini
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
N/A
Applicant 1: First Name MI Last Name
Robert T Newcomb, 111 (Tim)
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
20242 Raleigh NC
ZIP Country Phone No. FAX No.
27619-0242 Wake 919-84 7-1 800 ext. 919 - 847 - 1804
Street Address (if different from above) City State ZIP
246 W. Millbrook Road Raleigh NC 27609
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Management Solutions, Inc.
Agent/ Contractor 1: First Name MI Last Name
Roger N. Schecter
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
206 Margo Court New Bern NC
ZIP Phone No. 1 Phone No. 2
28562 252 - 638 - 4277 252 - 670 - 1393
FAX No. Contractor #
252-638-4277 nia
Street Address (if different from above) City State ZIP
Email
[e-mail]
Form DCM MP-1 (Page 2 of 4) APPLICATION for
ajor Development Permit ?llllq
I Project Location
County (can be multiple) Street Address ' Or,Ghac). City D
?? State Rd. #
Carteret 125 Harbor Road 1361
Subdivision Name City State Zip
N/A Marshallberg NC 23553
Phone No. Lot No. (s) (if many, attach additional page with list)
- - ext.
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Neuse Sleepy Creek
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
X Natural ?Manmade ?Unknown The Straits
e. Is proposed work within city limits or planning jurisdiction?
?Yes X No
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
100' 0.51 AC (see attached plat of survey by
Powell)
c. Size of individual lot(s) d. Approximate elevation of tract above NLW (normal low water) or
0.51 ac, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 47 ?NLW or X NWL
e. Vegetation on tract
grass
f. Man-made features and uses now on tract
boat docks
g. Identify and describe the existing land uses adjacent to the proposed project site.
residential
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
or enter here: NOT ZONED (Attach zoning compliance certificate, if applicable)
?Yes ?No
j. Is the proposed activity part of an urban waterfront redevelopment proposal?
?Yes X No
k. Has a professional archaeological assessment been done for the tract? ?Yes X No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic Di strict or does it involve a ?Yes X No ?NA
National Register listed or eligible property?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 4) F".r- r t APPLICATION for
i? Major Development Permit
ff
m. (i) Are there wetlands on the site? A Ur
2004 ?Yes X No ?NA
(ii) Are there coastal wetlands on the site? ?v
i
lvlorl h?a? dall? Yes X No ?NA
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? dd l3d
(Attach documentation, if available) ?Yes ?No
n. Describe existing wastewater treatment facilities.
Ground absorption/septic tank
o. Describe existing drinking water supply source.
Well
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
X Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Boat slip for private use.
c. Describe the proposed construction methodology, types of construction equipment to be use d during construction, the number of each type
of equipment and where it is to be stored.
Hydraulic excavator will be used to dredge, will be stored on owners lot during construction,
pile driver to drive piles.
d. List all development activities you propose.
Build bulkhead, dock, finger pier, dredge as according to attached plans.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land and water area resulting from the proposed 3000(spoil area) X Sq.Ft or ?
project? Acres
2500sf (dredge area)
g. Will the proposed project encroach on any public easement, public accessway or other area Yes X No NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
i. Will wastewater or stormwater be discharged into a wetland? ?Yes X No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA
j. For projects that have an overriding public benefit, is there any mitigation proposed?
?Yes ?No X NA
If yes, attach a mitigation plan.
<Form continues on back>
Form DCM MP-1 (Page 4 of 4)
AJGr
9 2004
APPLICATION for
Major Development Permit
6. Additional Information
g p" ? ¢? °,'x? cam,
In addition to this completed application form, (MP-1) the following i ems ffe , JA4 li?abl rr?Q pitted for the application package to
be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on
how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work done completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Gary Davis Phone No. 252-729-6565
Post Office Box 250, Marshallberg, NC 28553
Myron Harris Phone No. 252-729-3441
Harbor Road, Marshallberg, NC 28553
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Not known/ past improvements to Marshallberg Harbor were
perhaps without benefit of permit
h. Consultant or agent authorization, if necessary.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas.
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. 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 the 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.
Date QC' Print Name a4?
Signature
Please indicate application attachments pertaining to your proposed project.
--'BDCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
'-9DCM MP-3 Upland Development ?DCM MP-6 Marina Development
~eDCM MP-4 Structures Information
***This is a word processing form to be completed in Microsoft Word***
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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 that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL stabilization)

Length 100
Width 30
Avg. Existing
1
5
Depth .
Final Project
3
5
Depth .
1. EXCAVATION ?This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. sand
340cy
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV) or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
?CW ?SAV
?WL X None
(ii) Describe the purpose of the excavation in these areas:
d. High-ground excavation in cubic yards.
90cy
2004 -

2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Adjacent land as shown on drawings 83' x 36'
C. (i) Do you claim title to disposal area?
X.Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner.
d. (i) Will a disposal area be available for future maintenance?
?Yes ?No X NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
?CW ?SAV
?WL X None
(ii) Describe the purpose of disposal in these areas:
(i) Does the disposal include any area in the water?
?Yes X No ?NA
(ii) If yes, how much water area is affected?
3. SHORELINE STABILIZATION ?This section not applicable
(If development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Length: 83'
: ` t F1 , t _ of 2)
X Bulkhead ?Riprap ?Other:
c. Average distance waterward of NHW or NWL: N/A
e. Type of bulkhead or riprap material:
Wood/concrete depending on pricing
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap Other
L Source of fill material.
Width: V
d. Maximum distance waterward of NHW or NWL: Bulkhead
constructed at NHW
f. (i) Has there been shoreline erosion during preceding 12 months?
?Yes X No ?NA
(ii) Source of above erosion rate information.
h. Type of fill material.
Dredge materialq filled only landward off;
bulkhead J
*J?
' AI lr; 0 9 2004
4. OTHER FILL ACTIVITIES is sectio ` no applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ?Yes X No ?NA b.
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
(i) Will fill material be placed in coastal wetlands/marsh (cW),
submerged aquatic vegetation (SAV) or other wetlands (WL)?
If any boxes are checked, provide the number of square feet
affected.
?CW ?SAV
?WL %None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Contained by silt fence until dewatered; then Hydraulic excavator for dredge operation,
removed. pile driver to set proposed pilings.
C. (i) Will navigational aids be required as a result of the project?
?Yes X No ?NA
(ii) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ?Yes X No ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
o Applicant Signature
Date L?L?r
KOPXct?'f ?-1?GSJGU? (11
Project Na e
Applicant Name
***This is a word processing form to be completed in Microsoft Word***
Form DCM MP-3
UPLAND DEVELOPMENT AUG 0 9 2004
(Construction and/or land disturbing activities)
®® l? as
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to compfet alI Xer secTion'o e Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 1 existing/platted lots (see attached drawing
1 Bulkhead (see drawings) by Powell)
c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads,
acre). ditches, etc.
3000SF(spoils area only)
e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and to be used for impervious surfaces.
sedimentation control plan at least 30 days before land-disturbing N/A
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
?Yes ?No X NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within 75 feet of NHW or NWL, or h. Projects that require a CAMA Major Development Permit may also
within 575 feet in the case of an Outstanding Resource Water, to require a Stormwater Certification.
be covered by impervious and/or built-upon surfaces, such as (i) Has a site development plan been submitted to the Division of
pavement, building, rooftops, or to be used for vehicular driveways Water Quality for review?
or parking.
?
NONE Yes X No X NA
(ii) If yes, list the date submitted:
i. Describe proposed method of sewage disposal.
N/A
j. Have the facilities described in Item (i) received state or local
approval?
?Yes ?No X NA
If yes, attach appropriate documentation.
k. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Surface runoff only
Does the proposed project include an innovative
stormwater design?
?Yes X No X NA
`age o 1J
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
n. (i) Will water be impounded? ?Yes X No ?NA
(ii) If yes, how many acres?
o. When was the lot(s) platted and recorded?
Not platted, metes and bounds description
only.
os AOC-,.?
Date
Project Name
K?_???T ? 1 _ 1 I 1
Applic ame
Applicant Signature
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ?No X NA

2004
;,irk.
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
2004
? a Q y jDC
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial `Community X Private
(2) Number
(3) Length -10, (4) Width of water body
(4) Width Or (5) Distance buoy(s) to be placed beyond
(5) Finger Piers A _ Yes No shoreline
(i) Number 5
(ii) Length 15' f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width 2' (1) _ Commercial Community _ Private
(6) Platform(s) Yes _ X No (2) Number
(i) Number (3) Length
(ii) Length (4) Width
(iii) Width
(7) Number of slips proposed L? g. Other (Give complete description)
(8) Proximity of structure to adjacent riparian r40?-1E
property lines l S,
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boath ouse (including covered lifts)
(1) Commercial Private
(2) L
ength
(3) Width pp te

C. Groin (e.g. wood, sheetpile, etc.) signature
(1) Number
(2) Length(s)
Date
d. Break water (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03195
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AIJCI
2004

NEWCOMB PROJECT
MARSHALLBERG, SLEEPY CREEK
PROJECT NARRATIVE
JUN 2 4
2004

The applicant proposes to dredge an area along the existing waterfront to provide four
boat slips. Following the dredge operation a bulkhead will be installed to stabilize the
shoreline with adequate depth of water for a boat to be docked stern to.
A four foot dock is to be constructed parallel to the bulkhead with finger piers
perpendicular to the shoreline dock. A piling will be place beyond the finger piers for
tying off the boats.
Facility Name Robert T. Newcomb III I _ County Carteret
Project Number 04 1539 County2 I,
O Inactive Region Wilmington
Project Type' ??rrrj???s°E<?t maintenance: shoreline, ramp DCM Office Morehead City
Location Sleepy Creek 125 Harbor Road Marshallbeiy
'g I COE Office Wilmington
Tntnl - Tntnl _ Tnial =.?z 4=r?we
inspections!- womions- -4
4 Inspection Date Inspector Compliant Letter Type - Date Sent Reply Date