20221382 Ver 1_CAMA Application_20221005

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 5, 2022
MEMORANDUM
�nEQ
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnara_NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: William Biggs
Project Location: 213 Johnson Rd, Harkers Island, Carteret County
Proposed Project: Fill existing basin within a manmade canal
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by November 9, 2022. If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
NORTH CAROUNA -
Oepadment01EnWronmenmlQuality /� 252.808.2808

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: William Biggs
LOCATION OF PROJECT SITE: The project is located within a man made channel
and basin connected to Westmouth Bay adjacent to 213 Johnson Road, Harkers Island,
Carteret County.
Latitude:34°42'11.13"N Longitude: 76134'00.51"W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 8/24/2022
Was Applicant or Agent Present No
Photos Taken — No
PROCESSING PROCEDURE: Application Received — cc: 8/3/2022
Office — MHC
Application accepted complete — 9/26/2022
SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County
Land Classification from LUP —Residential
(B) AEC(s) Involved: PTA, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — septic/well
Planned -none
(F) Type of Development: Existing —Basin (2), docking facility, single family
residence, garage/covered storage, docking facility
Planned - fill existing basin area
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION: DREDGED FILLED 1NCORP/SHADED
(A) Open Water 836 W
(155 cubic yards)
(E) Total Area Disturbed: 836 ft2
(F) Primary Nursery Area: No
(G) Water Classification: SA; HQW Open: No
(H) Cultural Resources: None
Proiect Summary: The applicant wishes to fill an existing basin within a manmade
canal connected to Westmouth Bay for private use adjacent to 213 Johnson Road in
Harkers Island, Carteret County.

Field Investigation Report:
Biggs
Page 2
Narrative Description:
The proposal is within a manmade canal connect to Westmouth Bay adj acent to 213 Johnson Road in
Harkers Island, Carteret County. This property currently has a single family residence,
garage/covered storage area, two manmade basins, and up to 12 slips both wet and boatlifts, with
shoreline stabilization along the entirety the property. This proposal is for private use. The adjacent
properties are undeveloped. The closest adjacent docking facility is immediately adj acent to the west.
The elevation of the high ground on the property is approximately 4' above the normal water level.
Vegetation on the property mainly consists of lawn grasses, and ornamental palm trees. There is
approximately 588' of shoreline on this 0.782-acre tract.
Water depths in the project area range from —2' to —3' nwl. The subaqueous substrate is a
combination of mud and silt. There is no Federal Channel in the nearby vicinity of the project area.
There is not a cultural resource in the project area. This waterbody is approximately 76' across at this
location. These estuarine waters are not classified as aNursery Area. Submerged aquatic vegetation
is not present within the project area. This waterbody is closed to shellfish harvest and is classified as
SA;HQW. There are no shellfish resources within the project area.
Proposed Development:
The applicants are proposing to fill an existing manmade basin and connect the adjacent bulkheads
along the waterward end of the basin within a manmade basin connected to Westmouth Bay. This
proposal is adjacent to 213 Johnson Road near Havelock, Carteret County. The applicant is proposing
to connect tow existing bulkheads with a 22' viny; bulkhead and subsequently fill the existing basin
area located landward of the new vinyl bulkhead.
The applicant is proposing to fill an 836 square foot basin with 155 cubic yards of fill. Based on site
visits, the current depths of the existing basin are -2 to -3' nlw . In order to achieve the final elevation
of +5', the total volume of material brought in would be roughly 230 cubic yards. The current depths
within the basin range from -2 to -3 nlw. The existing elevation of the high ground is +4' and the
final proposal of the basin area would raise the elevation to +5'.
Anticipated Impacts:
This proposed basin fill would be for private family use. The proposed basin fill would remove 836
square feet of shallow bottom Public Trust waters.
Traditional marine construction methodology would be utilized during the construction of this
project. Turbidity impacts associated are not anticipated during the construction activities within the
basin and canal connected to Westmouth Bay. This waterbody is not classified as a Primary Nursery
Area. There is no SAV present within the project area. The project area has no shellfish resources
within the fill area. This waterbody is closed to shellfish harvest. Three is no Federal Channel
adjacent to the project area and the traditional thru-navigation route is in the center of Westmouth
Bay at this location.
Curt Weychert October 5, 2022 Morehead City

Carteret Marine Services
1671 NC-101, Beaufort, NC 28516
Tel [phone]
[e-mail]
www.CarteretMarine.com
Project Narrative
Project: 213 Johnson Road, Harker's Island
Current Conditions: 22'x38' man made boat basin
t
ETMARINE
RVICES
The purpose of the project is to fill in the boat basin onsite with local fill dirt from Otway using an
excavator and to be secured with a vinyl bulkhead.
• The proiect proponent herebv certifies that all information contained herein is true, accurate, and
complete to the best ofmv knowledze and belief.
• The proiect proponent herebv requests that the certifying authority review and take action on this CWA
401 certification request within the applicable reasonable period of time.

BOOM
APPLICATION for
Major Development Permit
(last revised 112127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business name
Project Name (if applicable)
213 Johnson Road
Applicant 1: First Name
MI
Last Name
William
Biggs
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
1414 Stallings Road
Durham
NC
ZIP
Country
Phone No.
FAX No.
27703
1 USA
919 - 596 - 0801 ext.
Street Address (if different from above)
City
State ZIP
Email
[e-mail]
2. Agent/Con a io►i
s
4„
Business Name
Carteret Marine Services
Agent/ Contractor 1: First Name
MI
Last Name
James
Johner
Agent/ Contractor 2: First Name
MI
Last Name
Kari
Taylor
Mailing Address
Po Box
city
State
1671 NC-101
I
Beaufort
NC
ZIP
Phone No. 1
Phone No. 2
28516
252 - 631 9435 ext.
1252 - 571 7282 ext.
FAX No. "Ai
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
252.6oa-2909 :: 1-aaa-4RCOAST is www.nccoestatmanagemant-net

Form DCM MP-1 (Page 2 of 4) APPLICATION for
Major Development Permit
3. Project Location
County ,can be multiple) Street Address State Rd. #
Carteret 213 Johnson Road
Subdivision Name
City
State
Zip
Harkers Island
INC
2853-1
Phone No.
252 631.9435
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
North River
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
Nortth River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
352ft
34063.92 sq ft
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
Oft ®NHW or ❑NWL
e. Vegetation on tract
grass
f. Man-made features and uses now on tract
residence/home
g. Identify and describe the existing land uses adiacent to the proposed project site.
residential
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance ceNficate, if applicable)
residential
®Yes ❑No ❑PIA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [:]No ®NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808-2848 :: 1-888-4RCOAST :: www.nccosatalmanagernent.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
M. (i) Are there wetlands on the site? []Yes ®No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
onsite septic
o. Describe existing drinking water supply source.
well
p. Describe existing storm water management or treatment systems.
SURFACE RUNOFF
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Shoreline protection/private docking facility
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
install of vinyl bulkhead across man-made basin, backfill with local fill using excavator stored onsite
d. List all development activities you propose,
install of vinyl bulkhead across man-made basin backfill with local fill using excavator stored
onsite until project is complete
e. Are the proposed activities maintenance of an existing project, new work, or both?
Both
f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres
865.33 sqft
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
ground water
i. Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA
j. Is there any mitigation proposed? ❑Yes ❑No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
252-808-21Bt1a .. 1-a66-4RCOAST :: www.nccoastalmonegement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any ma/or development application. Please consult the application
instruction booklet on how to property 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 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.
Name Ron Regnier Phone No.> -
Address 517 Cape Lookout Harker's Island, NC
Name Phone No.
Address
Name Thomas Taylor Phone No.
Address 213 Mary Elle Road, Harker's Island, NC 252-728-2359
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates-
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owned
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.
7. Certification and Perm'ss� : o Erir6e"i L,y
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 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 t thful to the best of my knowledge.
Date 7/29/2022 Print Name VK9P i2 J4kA4'
Signature
Please indicate application attachments pertaining to your
®DCM MP-2 Excavation and Fill Information
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
led project. '
❑DCM MP-5 Bridges and Culverts
252-808-2808 ao i-888-4RCOAST r: www.neeoaatalmonagement.not

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
38
Width
22
Avg. Existing
NA
NA
Depth
-1
Final Project
NA
NA
Depth
+g
1. ®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.
c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(CM, submerged aquatic vegetation (SAV), shell bottom (SIB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCA,V ,®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (1) Do you claim title to disposal area? d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA []Yes []No ❑NA
(ii) If no, attach a letter granting permission from the owner. (il) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include arty area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes ❑No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
(ll) If yes, how much water area Is affected?
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(il) Describe the purpose of disposal in these areas:
a
252-808-2808 -- 7-888-411IRCOAST ee www.necoastalmanaoament.not revisads 12126109

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION []This section not applicable
(if developmentis a wood groin, use MP-4 — Structures)
a. type or Snoreime 5cdomzduon:
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c, Average distance waterward of NHW or NWL:
38
e. Type of stabilization material:
Vinyl
g. Number ofsquare feet offill to be placed below water level.
Bulkhead backfill 836_ Riprap
Breakwater/Sill Other
i. Source of fill material.
Otway
b, Length: 3e
Width: 22
d. Maximum distance waterward of NHW or NWL:
38
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type offill material.
local fill
4. OTHER FILL ACTIVITIES El This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes []No ❑NA If yes, b. (i) Will fill material be Dlaced in coastal wetlands/marsh (CM.
(ii) Amount of material to be placed in the water
155 CUBIC YARDS
(iii) Dimensions of fill area 38x22
(iv) Purpose of fill
Removing hnnt hacin
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the fill in these areas:
filling in boat basin
5. GENERALIF
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)?
Imediately placed behind bulkhead excavator
C. (i) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA site? []Yes ®No [:]NA
(ii) If yes, explain what type and how they will be Implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental Impacts.
12
Y? :Applicant Name
Date cc.
Applica Slgnat re
Project Name
252-808-2808 :: 1-886-411l :: ww v.nccoastalmanagem*nt.net revised: 12126106

%4
mail Kari Taylor<[e-mail]>
Automatic reply: [External] 213 Johnson Road
1 message
401 PreFile <401 [e-mail]>
To: Kari Taylor <[e-mail]>
Wed, Jul 6, 2022 at 11:16 AM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law.
DWR will not be able to accept your application without this federally required documentation. 401
applications received without documentation that a pre -filing meeting request was submitted at least 30
days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the
Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a
result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back
into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must
request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R.
§121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting
request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to
the Federal Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing
meeting request documentation does not constitute a "certification request." As a result of the
reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022
that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to
submittal of a 401 Certification application will be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
https-//deq. nc.gov/about/divisions/water-resources/water-quality-perm itting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https-//deq. nc. gov/about/d ivisions/water-resources/water-resources-perm its/transportation-
perm itting/staff-contacts

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