19961059 Ver 1_Complete File_19961126

State of North Carolina
Department of Environment,
Health and Natural Resources
' Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Clifton Barton and Ms. Teresa Cranford
P.O. Box 54
Bayboro, NC 28515
Dear Mr. Barton and Ms. Cranford:
0 'V
C) F-= F1
November 26, 1996
Pamlico County
WQC 401 Project #961059
You have our approval to place fill material in 775 square feet of wetlands or waters for the purpose of
stabilizing a shoreline at your lot off of SR 1224 near the Town of Mesic, as you described in your
application dated 12 November 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
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. 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) (6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached certification. In addition, you should get any other federal, state
or local permits before you go ahead with your project. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specked in the General 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. 27611-7447. 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.
Sincerely,
Pnoard, Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field. Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
961059.1tr
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 MANAGEMENT Nov 1191996
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Clifton Barton and Teresa Cranford
2. LOCATION OF PROJECT SITE: Pamlico County, east of the Town of Mesic, off SR 1224,
adjacent Bear Creek
Photo Index - 1995: 85-923 (indexed by T-18 and 19) 1989: 2 111 1 (indexed by W-17 and 18)
State Plane Coordinates - X: 2,710,900 Y: 537,100 Jones Bay Quad -- "UL"
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 21, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 9/13/96
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County 1992 Land Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW, ES, CW
(C) Water Dependent: Yes
(D) Intended Use: Private shoreline protection
(E) Wastewater Treatment: Existing - Septic system
Planned - None
(F) Type of Structures: Existing - Single family residence, pier, bulkhead and boatramp
Planned - Rock rip rap
(G) Estimated Annual Rate of Erosion: 6" - 12"
Source - Applicant and site inspection
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Spartina patens, Juncus roemerianus
and Distchlis spicata
(B) Non-Vegetated Wetlands
Estuarine Waters 775 ft2
(C) Other
Estuarine Shoreline 465 ft2
(D) Total Area Disturbed: 1,240 ft2
(E) Primary Nursery Area: Yes
(F) Water Classification: SA NSW Open: No
8. PROJECT SUMMARY: The applicants propose to place rock rip rap waterward of 310' of eroding
coastal wetlands shoreline.
"0 1 . A
FIELD INVESTIGATION REPORT:
BARTON AND CRANFORD/PAMLICO COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The applicants own a 35-acre tract of land just east of the Town of Mesic, adjacent
Bear, Wins, and Plum Creeks, in Pamlico County. Plum and Wins Creek are located
immediately to the east and west of the property forming a peninsula that extends out into
Bear Creek. A single family residence is located on the point of the property on
approximately 2 acres of high ground. An extensive high marsh system vegetated with
SSpartina patens, Juncus roemerianus, and Distchlis sip cats borders both creeks.
Jurisdictional 404 wetlands extend even farther into the property. The only section of high
ground that abuts the water has previously been bulkheaded. A boatramp and pier currently
exist on the property. Erosion is evident along much of the east side of the property. And
the erosion has obviously been accelerated the past several months as a result of Hurricanes
Bertha and Fran. The applicants estimate that the average annual erosion rate is between 8"
- 12".
Although SAVs are common in these shallow creeks, there was no vegetation observed
during the site visit. Bear, Wins and Plum Creeks are all Primary Nursery Areas. All three
creeks are SA NSW and closed to shellfishing.
Project Description
The applicants propose to hand place approximately 40 yds3 of rock rip rap marl
(measuring 4" to 10" in size) along Plum Creek to prevent further shoreline erosion. The
rock would be placed along three areas totalling approximately 310' in length. Given the
low shoreline bank, the applicants propose to place the rock at an average 2.5' waterward of
the NWL. And at no point would the rock be place any farther than 3' waterward of the
NWL. No backfilling is proposed.
Anticipated Impacts
The placement of the rock would fill approximately 775 ft2 of shallow estuarine waters
of Plum Creek. An additional 465 ft2 of nonvegetated eroded estuarine shoreline would also
be filled. The project would involve the placement of approximately 40 yds3 of marl.
Minimal if any impact to the coastal wetlands is anticipated. And since the rock would be
hand placed there would be negligible impact to adjacent wetlands during construction.
M. Ted Tyndall - Morehead City - October 25, 1996
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Fastf lrasie
C. Street address or secondary road number
a. Landowner: - -qi-afiP Rnad 1224
Name Clifton Barton/Teresa Cranford d. Is proposed work within city limits or planning
jurisdiction? Yes X No
Address P n RnX u e. Name of body of water nearest project (e.g. river,
City Bayboro State NC 28515 creek, sound, bay) Bear Creek
Zip 28515 Day Phone [phone]
Fax
b. Authorized Agent:
Name
Address
City State
Zip
Day Phone
Fax
c. Project name (if any) Rar r)n prcjer,t ?
NOTE.• Permit will be issued in name of landowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
Revised 03/95
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
excavation and/or filling activities.
Pip Ran RiilkhParj
b. Is the proposed activity maintenance of an existing
project, new work, or both? A10w
c. Will the project be for public, private or commercial
use? private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
SEP1319%
JU1 , 2 19%
YJ.Jid
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ?C; arrrac
b. Size of individual lot(s) _ N/A
c. Approximate elevation of tract above MHW or
NWL 1 -F+- tr?3 f;L
d. Soil type(s) and texture(s) of tract
clay
e. Vegetation on tract N.44 ete c assess
& tr??
f. Man-made features now on tract #,:e
ftit-hni 1 rli nnc r nTj,--rl hiJ khna_d hna+- ra=
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
X Rural Other
h. How is the tract zoned by local government?
M/A
i. Is the proposed project consistent with the applicable
zoning? Yes No n/a
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes x_ 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 eligible property?
Yes _$_ No
?( M
m. Describe existing wastewater treatment facilities.
se?t?E`t?}e
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
Surface runoff
o. Describe existing drinking water supply source.
County
5. ADDITIONAL fNFORMATION
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 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.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
1. Are there wetlands on the site?X Yes No
Coastal (marsh) ;c_ Other
If yes, has a delineatioq aeon conducted? y,
,(Attach documewation, if availaba)
,? y
Revised 03/9S

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• 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 Mayo Heirs Dunn. Evelyn. Lnzica.
Address Lola Heirs, Lupton, Iris
ZbOUX Ri- 1 ? BOX Al?., Pay]=,, NC -)p5l
Name John R Jones Heirs
Address C/o Joe Brown Jones, Rt 1, Box 379
PAMM Bayboro, NC 28515
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.
149-81 to Harold Carawan 12/31/84
#1240 -.to Harold Carawan 12/18/81
General Permit 413148 9/2n/A4
• 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 sta (
documenting compliance with the North CalrQl'a
Environmental Policy Act. !df°
vj
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 5 day of Tt/ k -e-- , 19-L.
G1 i I?P-Rj I-L E, 0a-DI,?
Print Name
Signature t
Landowner or Authorized Agl_r, 9,e CQk^??C a
Please indicate attachments pertaining to your proposed
project.
i DCM MP-2
DCM MP-3
DCM MP-4
DCM MP-5
DCM MP-6
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
i

n
Revised 03/95 ""W*aaraaraaaau:aYa?iai?
F
Form DCM-MP-2
EXCAVATION
AND FILL
(Except 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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Eatisting Project
Length Width Depth Depth
Access
channel
(MLw) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Revised 03/95

w

1. EXCAVATION
NRB?
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N./A
b. Type of material to be excavated
1;4A
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards Tj4A
a
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
N/A
c. Do you claim title to disposal area?
Yes No
if no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
,?ln
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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 November 13, 1996
Regulatory Branch
Action ID No. 199703361
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Please reference the application of Clifton Barton for Department of
the Army (DA) authorization and a State Water Quality Certification to place
rock rip rap material waterward of eroding coastal wetlands, on property
located off State Road 1224, adjacent Bear Creek, near the Town of Mesic,
6011160*6 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 January 7, 1997, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely, Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687