20061907 Ver 2_401 Application_20120912

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information Nw ` w
1. Processing
la. Type(s) of approval sought from the Corps:
Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes No
For the record only for Corps Permit:
❑ Yes No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
TYes ❑ No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
%Yes ❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes No
2. Project Information
2a. Name of project:
,Jov*S Wy tr Gkra e, CcrnS v 44 A)
2b. County:
C0.0cr01T 1 11
2c. Nearest municipality / town:
-� (, ` - 1 L
2d. Subdivision name:
'
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
�2 �� adlnQS ' L N�Q S_ S;n
3b. Deed Book and Page No.
1 Z5
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
1 ( +J_�LµV kC ! 4HQ.
3e. City, state, zip:
C"
3f. Telephone no.:
9 q- Z to _
3g. Fax no.:
1- 2 oq_ U D,
3h. Email address:
V Ub 5 -a S 9 Em x+14 C -' Ak W e T_
MTV
Page 1 of 10
PCN Form - Version 1.4 January 2009
36145
MIA4
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N �j

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees):
Latitude: 3y. ?)Il { Longitude: ,(p 3Z5$
1c.
Property size:
a J acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
M V Y\
2b.
Water Quality Classification of nearest receiving water:
Upv/ v L/a
2c.
River basin:
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: fj?") C(Mc,.Ev uC"t- 10'1 0+ Imo- d-,-A
,:A, r-e s :14M L m 1
3b.
List the total estimated acreage of all existing wetlands on the property: (/A K 06
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: (�
3d. Explain the purpose of the proposed project:
Ta 61 ULb 0, g o•rv, z- +O 54ose- CrU # PYVI&or f rave i 44A e1k%A emirs
3e.
Describe the overall project in detail, including the type of equipment to be used:
5t- CY- Fro•.Me. cv"S-Fvvcd' NQ 0P- of ail )e10 54v1mcat. 6 1L���fa�wyt, . vN�.j rhec9nww'co-Q
- Ivrw -Jr� FvhR vw� uiv���+ gev� t6a•cK1*0e.. 40 d.°5 tw�ryS aft S;NK �;linyS bt/Y►t i1/vtk
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
'Yes ❑ No El Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
El Preliminary Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes E] No El unknown
5b.
If yes, explain in detail according to "help file" instructions. hMa�vr o-Aw ry 7tn�; 1- z$ - 07
l i a t)f� ljfw,, A
T" v6 w Yri,f�� edt b �•,�� � '�E! '"`�
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes J• No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
PK Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one l
Choose one jZ�3,a
Yese
qO
W2
Choose one
Choose one
Yes /No
W3 -
Choose one
Choose one
Yes /No
-
W4 -
Choose one
Choose one
Yes /No
-
W5 -
Choose one
Choose one
Yes /No
-
W6 -
Choose one
Choose one
Yes /No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on th ite, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) o
intermittent (IN .
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
-
-
S5 -
Choose one
_
S6
Choose one
-
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Tem ora T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
Waterbody
type
4e.
Area of impact (acres)
01
Choos ne
Choose
02
Choose one
Choose
03
Choose a
Choose
04
Ch se one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (ac res)
d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
cavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Tota 1:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this f
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico atawba ❑Randleman F] Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream a
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet
6g.
Zone 2
impact
(square
feet
B 1
Yes /No
82
Yes /No
B3
Yes /No
B4
Yes /No
B5
Yes /No
B6
Yes /No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. - A
15;4,L- Ijt A- U010^&& ah i}- So Yhth:,�.•Q- ,iM��C OLAU - 4, V4_ OU4VA4 /
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
(ZhACIA ram v,�-d% :; �+' C�+'uxt�w ) �, e�f► 7' f.��' �/"
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ Corps
2c. If yes, w hich mitigation option will be used for this
project.
❑ Mitigation bank
Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choo one
Type: oose one
Ty Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
A/ �- square feet
4e. Riparian wetland mitigation requested:
p, o v acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
n/p- acres
4h. Comments:
S. Complete if Using a Permittee Responsible Mitigation Pla
5a. If using a permittee responsible mitigation plan, provide escription of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian lb ff at requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Mul ' lier
Required mitigation
(square feet)
(square feet)
Zone 1
(2 for Catawba)
Zone 2
1.5
6f. Tot uffer mitigation required:
6g. If buffer mitigation is required, discuss what ty e of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restor on, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes MIN-0
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
ova
2b.
Does this project require a Stormwater Management Plan?
❑ Yes No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
41- Cciu-^
3b.
Which of the following locally - implemented stormwater management programs
apply (check all that apply):
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
4. DWQ Stormwater Program Review
4a.
Which of the following state - implemented stormwater management programs apply
(check all that apply):
E]Coastal counties
❑HQW
❑ORW
❑Session Law 2006 -246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached.
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
*Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
�, ✓ .�.�i'k> � �r� ��..,1 �Co � �i 1 z. iy. -�;}- {-r> /� �rR <�
c��> rj• '
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Yes No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form - Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
❑ Yes W No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes ;<No
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ,A'No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes JYNo
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
bTYes ❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
�Qnnt R• J
Applicant/Agent's Printed Name
g -29-1
Date
Applicant/Agent's gnature
(Agent's signature is valid o if an authorization
letter from the applicant is provided.)
Page 10 of 10

Kenneth Jones
115 Upchurch Farm Lane
Coats, NC 27521
Project: 302 Morris Marina Road Garage
Ecosrtem, I� ., 1I MI .`f l .
PROGRAM
August 14, 2012
Expiration of Acceptance: February 14, 2013
County: Carteret
The purpose of this Ietter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state, federal or local government permits regulations or authorizations associated
with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
C�VWN_�_
SuzaAd Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands/401 Unit
Christy Wicker, USACE - Wilmington
Doug Huggett, NCDCM- Morehead City
File
1 I r I
WVE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
River
CU
Stream (feet)
Wetlands (acres)
Buffer I
Buffer II
Basin
Location
(Sq. Ft.)
(Sq. Ft.)
Cold
Cool
Warm
Ri arian
Non-Riparian
Coastal Marsh
Impact
Tar-
03020105
0
0
0
Up to
0
0
0
0
Pamlico
0.05
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
C�VWN_�_
SuzaAd Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands/401 Unit
Christy Wicker, USACE - Wilmington
Doug Huggett, NCDCM- Morehead City
File
1 I r I
WVE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

1•-
.9 .
Ecosystems
k PROGRAM
August 14, 2012
Kenneth Jones
115 Upchurch Farm Lane
Coats, NC 27521 Expiration of Acceptance: February 14, 2013
Project: 302 Morris Marina Road Garage County: Carteret
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated
with the proposed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAM permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
SuzaiU Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
Christy Wicker, USACE - Wilmington
Doug Huggett, NCDCM- Morehead City
File
Rps- eoru29. -. � ... PV'Di`E',GtGl�G9 Ott, ' .State,
-AIMPA
WEIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919- 715 -0476 / www.nceep.net
River
CU
Stream (feet)
Wetlands (acres)
Buffer I
Buffer II
Basin
Location
(Sq. Ft.)
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Riparian
Coastal Marsh
Impact
Tar-
03020105
0
0
0
Up to
0
0
0
0
Pamlico
0.05
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716 -1921.
Sincerely,
SuzaiU Klimek
Acting Director
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
Christy Wicker, USACE - Wilmington
Doug Huggett, NCDCM- Morehead City
File
Rps- eoru29. -. � ... PV'Di`E',GtGl�G9 Ott, ' .State,
-AIMPA
WEIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919- 715 -0476 / www.nceep.net

April 26, 2012
Mr. Steven A. Baker
C/O Ms. Christy Wicker
Department of the Army
Wilmington District Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403 -1343
RE: Action ID. SAW- 2004 -00258
302 Morris Marina Road, Atlantic, NC
Dear Colonel Baker:
This letter is in response to your letter dated March 28, 2012. I have attached my explanation of
violation along with supporting documentation as requested.
Hindsight is 20/20, at the time I believed I was acting with the proper authority and permits to
develop this site. I was told by my building inspector that upon submission of my plans for the
garage, I did not need to contact any other agencies. I marked the area for visual inspection and
provided a site plan for placement. I paid for and received a permit approved by Carteret County
and the Division of Coastal Management. Site disturbance did not commence until I had in place,
what I thought was, a permit that allowed me to develop the site for the intended use.
All through this multi -year process I have obtained and followed the permitting requirements.
My intention is to submit an application for after- the -fact DA authorization to allow me to
construct the building that I need to protect my boat and equipment. I would have attached a
completed application with this letter but I have been unable to find the application on your web
page. I would appreciate some guidance as to obtaining the application and any other applicable
forms I will need to complete this endeavor.
Thank you for your time and assistance and should you have any additional questions or I can
provide any additional documentation please contact me.
Sincerely
Ken Jones

Explanation of Violation
The property in question was purchased in 2007 with the permits in place for the placement of
the driveway, the installation of the septic system, and the construction of a 2 bedroom home.
Upon completion of the sale, I was notified that the permits would need to be updated and the
naives changed to reflect the sale. I submitted the appropriate paperwork to the Army Corps of
Engineers to have my named added to the existing permit.
Over the past few years, we have completed the driveway, installed the septic system, a well, and
are now in the process of constructing the house. We also permitted through the Division of
Coastal Management for the laying of stone rip rap along the water side of the property to
stabilize the shoreline. Through this whole process we have tried to follow the proper permitting
procedures to ensure compliance with the various State departments and agencies.
In November of 2011 we submitted the plans for the construction of the house. At the time of
submission I spoke with T.D. O'Neal, Building Inspector for Carteret County, about the
permitting and construction of a garage to store my boat and various tools /equipment. I asked if I
needed to submit the paperwork to any other Agencies for approval. I was told, at that time, that
the garage would be considered a minor variation, that the County had authority to approve such
and I did not need to submit the paperwork for approval with any other age_ ncies. It was further
explained that the permitting would take longer to approve then the house plans because the
house had already been approved. The site for the garage was marked with stakes and surveyors
tape and a site plan was submitted with the specifications for the garage. The garage was to be
24ft by 30 ft, and I used the plans of an 18ft by 30ft to show the style and type of construction, ie
metal building on a concrete pad. The area that was laid out was larger then the actual size of the
building because the building was going to sit back from the driveway in order to allow for the
turning radius to back a trailered boat into the building. I assumed that by marking the site, if
there were any issues about size, location, etc. I would be notified and asked to provide
additional information before a permit was issued.
The permit was issued at the end of November 2011. I paid for and picked it up on December 1,
2011. In January of 2012,1 cleared the area and brought fill in to level the site to the existing
driveway. In February of 2012 construction of the home started and camping trailers were
parked on the disturbed area for the framing crew to stay in while framing of the house was
completed. These trailers were removed after notification of the violation and the site has
remained as is since our initial meeting on or about March 14, 2012.
Additional Documentation/Explanation
The area that was disturbed was wooded and had a thick mat of pinestraw and other debris as
ground cover. If you will look at what I am labeling as Exhibit A, this picture was taken shortly
after completion of the driveway. Where I have placed the arrows one can clearly see pine trees
were growing up to the driveway as well as covering the disturbed area. The area of the site was
higher then the surrounding area as evidenced by the wet conditions on botl-) sides of the pad. I
have minimized the impact by not disturbing those areas and limiting the disturbance to only

those areas that were dry and heavily vegetated by pine trees and other woody species. A silt
fence was placed around the site to prevent any discharge or erosion to the undisturbed areas. I
have also enclosed some additional photos that, I believe, help to illustrate the nature of the area.
Exhibit B was taken after the disturbance from approximately the same angle as Exhibit A.
Notice how far the driveway extends into the disturbed area, this should be considered when
computing the disturbed area. Exhibit C was taken off of the Carteret County GIS site and
although detail is lost when Blown up, the area in question does show the existence of the pine
trees growing next to the driveway, as well as other woody species on the disturbed area. Exhibit
D is a picture of a stump left in place on the left hand side of the disturbed area again,
demonstrating the dry nature of the area.

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Carteret County 592 -11
Local Government Permit Number
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A -118 of the
General Statutes, "Coastal Area Management"
Issued to Kenneth Jones, authorizing development in the Estuarine Shoreline - ORW (AEC) at 302 Morris Marina Rd., in
Atlantic, as requested in the permittee's application, dated October 24, 2011. This permit, issued on November 17,
2011, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable
regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a
fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes: The construction of a 768 square foot garage
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on October 24, 2011.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 252 - 728 -8545 for a final inspection at
completion of work,
(5) Pursuant to 15A NCAC, Subchapter 7J.0406 (b), this permit may not be assigned, transferred, sold or otherwise disposed
of to a third - party.
(Additional Permit Conditions on Page 2)
I nls permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal, any
work conducted under this permit must cease until the appeal is resolved. This
permit must be on the project site and accessible to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
FEBRUARY 13, 2015
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management,
(-4 —1b --0—' P -1e --e J--
J.D. O'Neal
CAMA LOCAL PERMIT OFFICIAL
402 Broad Street
Beaufort, NC 28516
PER P TEE
1Cinnnfi ira rom tirarl if nnnrl it; nnc nk-- —1,, i. --;i%

Name: Jones, Kenneth
Minor Permit # 592 -11
Date: November 17, 2011
Page 2
(6) The amount of impervious surface shall not exceed 25% of the lot area within 575 feet of Normal High Water
(Estuarine Shoreline - ORW Area of Environmental Concern), in this case, 12,599 square feet is authorized.
(7) Unless specifically allowed in 15A NCAC 07H. 0209(4)(10), and shown on the permitted plan drawing, all
development/construction shall be located a distance of 30 feet landward of Normal High Water. No portion of the
roof overhang shall encroach into the 30 ft. buffer.
(8) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land- disturbing activities, a barrier line of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area
has been properly stabilized with a vegetative cover.
(9) Any proposed for grading within the 30' buffer from the Normal High Water must be contoured to prevent additional
stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in
a vegetated state.
(10) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction
completion.
(11) Prior to any development, silt fence shall be properly installed between all planned land disturbance and the
adjacent marsh and open water areas; the silt fence shall be properly maintained throughout the construction
period. Silt fence shall be installed such that it is properly toed -in to the soil.
(12) This permit does not authorize development within any wetlands or open water areas.
SIGNATURE: DATE: 12-1-11
PERMITTEE

CARTERET COUNTY
Co,,Al ouee Square
{�
5eau1ortNC9 -8516
mus7 1, A NOFitcE SVMTMNOFf3CE
A (?52�T?8 -8545 c?5��393 -320§
PERMIT FEE RECEIPT
Case # 2011 - 102503
Date Printed: 12/01/2011
CARTERET COUNTY -FEES RECEIPT
Case Number: 2011 - 102503 Status: Issued
Permit Number: AC11 -1099 Date Started: 10/26/2011
Permit Type: Accessory Structure /Docks
Property: 302 MORRIS MARINA RD ATLANTIC, NC 28511 (840209165694000)
Lot Number: --
Contact Type: Property Owner
Full Name: Kenneth R Etal Jones
Address: 115 Upchurch Farm Road Rd Coats, NC 27521
Email: oldschool25 @earthlink.net I
Permit Fees
Fee Information
Account
Amount
Electrical - Residential
Notes: Metal Storage Building 768 sq aft
110.40.3345.400
$136.44
Planning & Zoning - Residential
Notes: Metal Storage Building 768 sq aft
110.40.3345.400
$25.00
Structure - Residential
Notes: Metal Storage Building 768 sq aft
110.40.3345.400
$182.52
Payment Information
Payment Type
Amount
Structure - Residential
Check
$182.52
Planning & Zoning - Residential
Check
$25.00
Electrical - Residential
Check
$136.44
FEE TOTAL
$343.96
AMOUNT PAID
$343.96
BALANCE DUE
$0.00
12/0112011 - 11:27:50 AM - Generated by: mflynn