19860046 Ver 1_COMPLETE FILE_19860815

Permit Class Permit Number
New STATE OF NORTH CAROLINA 158-86
Department of Natural Community Development
Cpa'' by W,6. ?_4ion
1t
a Maj I7?e 1 nt Ind onmental
Conc iw -La
Excavation d?a 910 fit to NCGS 113-229
Issuedto Hugh Burton and Reginald Rhue, 543 Neptune Drive, Swansboro, NC 28584
authorizing development in Carteret Countyat Deer Creek, Lots 10 & 11, Cape
Carteret as requested in the permittee's application dated 612/86 including
attached plats, 6, 5 dated received 6/4/84 and 1 location map.
This permit, issued on V/6-/V , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. i
(1) The bulkhead will be positioned in strict accordance with the permit plans.
To prevent an unintentional violation of this authorization, representatives
of the N. C. Division of Coastal Management and the Corps of Engineers are
available to stake the bulkhead alignment prior to construction.
(2) All excavated materials will be confined landward of the permitted bulkhead
or the mean high water (MHW) elevation contour and any regularly or irregularly
flooded vegetated wetlands.
(3) Excavation will not exceed 4 feet below the elevation of mean low water (MLW).
(4) No marsh vegetation will be excavated or filled outside of the specific
alignment as shown on the work plat drawings.
(5) A temporary sediment curtain or a silt barrier will be employed across the
mouth of the boat basin during periods of excavation and the installation
of bulkheads.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1989
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Hugh Burton and Reginald Rhue
ADDITIONAL CONDITIONS
Permit #158-86
Page 2 of 2
(6) The 46' long section of bulkhead across the west end of the basin must be
installed prior to the placement of any dredged spoil or other backfill
material.
(7) The temporary placement or double handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
(8) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction-related
discharge.
(9) The resulting spoil placed on high ground must be leveled and smoothed to
conform to the surrounding area and provided with a ground cover sufficient
to restrain erosion within 30 days of completion of project.
NOTE: The permittee is encouraged to have a preconstruction conference with
representatives of DCM prior to initiating any authorized work.
NOTE: Section 401 Water Quality Certification #1948 was issued on July 25,
1986 for this project by the Division of Environmental Management.
NOTE: Future development on the applicant's property may require a modification
of this permit. Contact a representative of the Division of Coastal
Management at [phone] for this determination prior to commencement
of any such activities.
APPLICATION ?? i?LZ_?fl?t
FOR JNIV 9 ?Qp?
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFI L1 l?
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR.MA)OR DEVE1_DPR?E-f4•T.________
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 1113-229,143-2153(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Burton Hugh and Rh11e Reainal d --
Last First Middle .
B. Address 543 Ne_?tune Drive ____
Street, P. O. Box or Route
Swansboro, N.C. 23584 919-393-2563
City or Town State Zip Code Phone
It. Location of Proposed Project:
A. County Carteret
B. 1. City, town, community or landmark Cape Carteret
2. Is proposed work within city limits? Yes X No BogUe Sound
C. Creek, river, sound or bay upon which project is looted or nearest named body of water to project -
man-made boatbasin in highground off Deer Creek and Neptune,._rive -- --
lil. Description of Project
existing project excaVati on 2. New work ?$ul khead ?xravatP, fill
A. 1. Maintenance Project
A
B. Purpose of excavation or fill
1. y,&Yg(raj"x New excavati0nknbth__12 _width-5---depth?2-4 P11lit
2. Boat basin * length 1Fiq' width 3ZI depth ''fl W
* 41' width 42' --_--depth 5 1
3. Fill area length
4. Other- --length -width-- depth C. 1, Bulkhead length _.- 441 1 f Average distance waterward of MhiW (shoreline)_3'_ ---~--
2. Type of bulkhead construction (material) Tongue and groove board and wood pi 1 i nas
D. Excavated material (total for project)
1. Cubic yards. 1.177 2. Type of material Sandy
E. Fill material to be placed below MHW (see also Vi. A)
1. Cubic yards 421 ,_,______._2, Type of material - 5andv - ° --
tV. L nd Type, Disposal Area, and Construction Equipment: v
A. Does the area to be excavated include any marshland, swamps or other wetland? Yeses No
B. Does the disposal area include any marshland, swamps or other wetland? Yeses-No
C. Disposal Area 543 Neptune Drive Swansboro, N.C. landward of proposed bulkhead-- -__
1. Location
2. Do you claim title to disposal area? Yes --
D: Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled?. Silt fence and straw: retained and
. contained by the proposed bulkhead.
----•--• - "'""""""""-'
I... type of equipment it) be used Drott 40 X .dC Vdt€f and 115nD Case DnZp-r
6. Will marshland be crossed in transporting equipment to project site? If yes, explain ---------
D& (-61
arv 1nnN

Intench,cl Use of Project Area (Describe)
A. 1. Private. Private boatbasi n- single fami 1 v residence
L. Commercial No
3. Housing Development or Industrial Housing development
4. Other No
2. Elevation of lot(s) above mean high water
8. 1. Lot size(s) Burton 100' x 400' Rhue 100' x 400'
r;
3. Soil type and texture Sand
4. Type of building facilities or structures Resi Bence and outb ding
5. Sewage disposal and/or waste water treatment A. Existing Septi C Planned
B. Describe 1,000 Gallon tank with 2 70 ft lines located in front of residence
6. 'Land Classification w .._?n ??_VLOPED TRANSITIONAL COMMUNITY RURAL
?QNSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quility:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X._No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesX No
2. Type of discharge Backfi
3. Location of discharge Landward of bulkhead
VII. Present rate of shoreline erosion (if known): 3 feet in rri ti raL arpac near mmith
VI11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: None
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8'/z X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
rl?.te served 4 S /3E
certified mail or by publication (G.S. 113-229 (d))Enter .,
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mrs. Velma Rhue 545 Neptune Drive Swansboro N.C. 28584
11r and Pars Eddie Fulcher (Lot #12) Neptune Drive Live Oak Drive Swansboro N.C.
X1. Certification requirement: 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.
XI1. Any permit issued pursuant.to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
Applicant's Signature
(Agent for Hugh Burton and Reginald Rhue)
Ij
28584
D&F•BZ art- Ri VERSE siDE ro!; MAILING INST-1CT.O.':S
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IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-016-0263
Mr. Hugh Burton and
Mr. Reginald Rhue
543 Neptune Drive
Swansboro, North Carolina 28584
Dear Messrs. Burton and Rhue:
RECEIVED
AUG 2 5 1986
WATER QUALITY SECTION
OPERATIONS V,mvCr 1
Reference your application for a Department of the Army permit
to construct and backfill a bulkhead, fill the landward portion of
a manmade basin and maintain and widen a boat basin off Deer
Creek, Bogue Sound, Cape Carteret, Carteret County, North
Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
If any change in your work is required because of unforeseen
or altered conditions or for any other reason, plans revised to
show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any
such change or alteration. Such action is necessary as revised
plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 22, 1986
Enclosure

o?
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, Virginia 23510
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. 'Thomas Rhodes, Secretary ;+ Director
July 25, 1986
Mr. Hugh Burton
543 Neptune Drive
Swansboro, NC 28584
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill of Boat Basin
Hugh Burton
Deer Creek
Carteret County
Dear Mr. Burton:
Attached hereto are two (2) copies of Certification No. 1948
issued to Hugh Burton dated July 25, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
Wiliam C. Mills
FO' R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr: David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Hugh Burton pursuant to an
application filed on the 5th day of May, 1986 to fill in the upper end
of an existing boat basin.
T.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Deer Creek
in conjunction with the proposed filling of the basin in Carteret County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the southern end of the fill project either
be bulkheaded or that silt screens'be in place
prior to filling.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the-25th day of July, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
OrillinSt Signed by
William C. Mails
For
R. Paul Wilms, Director
WQC# 1948
pM1 ?? 4
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
July 25, 1986
Mr. Hugh Burton
543 Neptune Drive
Swansboro, NC 28584
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill of Boat Basin
Hugh Burton
Deer Creek
Carteret County
Dear Mr. Burton:
Attached hereto are two (2) copies of Certification No. 1948
issued to Hugh Burton dated July 25, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
'm mal Swell 8Y
~ C. Mills
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Hugh Burton pursuant to an
application filed on the 5th day of May, 1986 to fill in the upper end
of an existing boat basiTt.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Deer Creek
in conjunction with the proposed filling of the basin in Carteret County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU`s or less
are not considered significant).
2. That the southern end of the fill project either
be bulkheaded or that silt screens be in place
prior to filling.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 25th day of July, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
fOf R. Paul Wilms, Director
WQC# 1948

0.?
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 14, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-016-0263
RECEIVED
J U L 2 1 1986
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
WATEK DUALITY SECTION
OPERATIONS BRANCH
Reference the application of Mr. Hugh Burton and Mr. Reginald
Rhue for a Department of the Army permit to construct and backfill
a bulkhead, fill the landward portion of a manmade basin, and
maintain and widen a boat basin off Dear Creek, Bogue Sound, Cape
Carteret, Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
We recommend that the following conditions be included in the
State authorization:
a. The bulkhead will be positioned in strict accordance with
the permit plans. To prevent an unintentional violation of this
authorization, representatives of the North Carolina Division of
Coastal Management and the Corps of Engineers are available to
stake the bulkhead alignment prior to construction.
b. All excavated materials will be confined landward of the
permitted bulkhead or the mean high water (MHW) elevation contour
and any regularly or irregularly flooded vegetated wetlands.
c. Excavation will not exceed 4 feet below the elevation of
mean low water (MLW).
J * +0
-2-

d.. The temporary placement or double handling of excavated or
fill materials within waters or vegetated wetlands is not
authorized.
e. The activity will be conducted in such a manner as to
prevent a significant increase in turbidity outside the area of
construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less are not
considered significant.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
R E C ?' V E D
DATE: July 22, 1986 !?
J U L 2 4 1986
TO: Bill Mills
Operations Branch WATER QLIAUTY SECTION
OPERATIONS B11ANCH
FROM: David. H. Cotton (?'1
Wilmington Regional office
THROUGH: A. Preston Howard Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Hugh Burton and Reginald Rhue - Deer Creek
Carteret County
The applicant proposes to fill the upper end of an existing boat'
basin. The project also includes bulkheading the basin and widening
the lower end of the basin by 5 feet. The current basin measures
211' x 411, the proposed changes would result in a 169' x 46' basin.
The project is located adjacent to Deer Creek, classified SA and open
to shellfishing.
The project has been reviewed to determine impacts to water quality.
The following comments are offered:
1. A 401 certification is required for the filling of the 41' x 42'
area below MHW. The 401 certification should contain the
following conditions:
a. That the southern end of the fill project either be
bulkheaded or that there be silt screens in place prior to
filling.
b. That the turbidity in the receiving waters not exceed 25
N.T.U.
2. This office has no objection to the project as proposed.
DHC:kc
cc: DCM - James L. Mercer
WiRO
CF
• OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
HUGH BURTON AND REGINALD RHUE
1. Applicant's name
2. Location of project site Lots 10 and 11 Neptune Dr. manmade boat-basin off Deer
reek
3. Investigation type: Dredge & Fill X CAMA X
4. Investi ative procedure: (A) Dates of site visit 4-?A-gti_- A-17-86
y. o N/Y 3t"f6,S3 (B) Was applicant present P? - -.-
5.. Processing procedure: Application received_1-4•:78.6 Office Mnrr_haar3 r; rV
6. Site description: (A) Local Land Use Plan Cape
Carteret- -Land classification from LUP onse?'?°-°--' -_/--mranGtt- ;on
- --
. Development constraints identified in LUP
HUM_, AEC(s) involved; Ocean Hazard Estuarine shoreline X
Coastal wetlands v Public trust waters
Estuarine waters Other
(C) Water dependent: 'Yes X No Other SA Waters
(D) Intended use: Public Private Residentdoobkercial
(E) Type of waste water treatment: Existing .Lot 1010, Septic system
-
Planned Lot #11, undeveloped (no system)-
(F) Type of structures: ExistingLot #10, two story house with workshop
Planned
(G) Estimated annual rate of erosion 1- -' Source -z ar
7. --Habitat description: AREA
(A) Vegetated wetlands: Died ed Filled Other
Salt marsh cordgrass
4
(B) Non-vegetated wetlands:
Canal'bottom 5,915 sa.ft.
Canal bottort 1,722 sct. ft.
(C) Other:
,r Highground 845 sq.ft.
(D) Tbtal area disturbed:
8. P?dject summary Applicannts propose to bulkhead the boat basin and expand the wisth
by 5' for a distance of 1691, to fill in back portion of basin 41' x 42' and to maintainance
excavate existing basin 41' x 169' A joint project sponsored by adjacent property
-Ywners for private residential use. -
9. Narrative description
Mr. Hugh Burton and his neighbor, Reginals Rhue, have made a
joint application to expand and modify an existing highground
boat basin that parallels their property. The project site is
located on Lots 10 and 11 off Neptune, Drive and Deer Creek within
the Town of Cape Carteret, Carteret County.
10.
I
i
1
i
Mr. Burton and his family live in a nice, two-story house on Lot
#10 which has a street address of 543 Neptune Drive. Lot #11
which is about an acre in size and owned by Mr. Rhue is not yet
developed, but well vegetated with pines and mixed hardwoods.
There are no current plans to construct a residence or develope the
highground property at this time.
The existing boat basin is 211' long by 41' wide. The applicants
want to shorten the overall length by 421, making the new length
1691. Once the entire shoreline has been bulkheaded, 'the very.
back section of the basin, measuring 41' x 42',will be filled
to an elevation equal to the surrounding back yards of about
6'. Approximately 235 sq.ft. of salt marsh cordgrass occurs
within three small patches along the shoreline in the area to be
filled.
Mr. Rhue proposes to widen.the overall width of the boat basin from
about 41' to 46'. This will require excavating-a. 5' wide section
of highground property for an overall distance of 169' to a depth
of -4' MLW. This expansion will displace an additional 345 sq.ft.
of salt marsh cordgrass which has invaded the unbulkheaded edges
of the applicant's shoreline. All excavation will be accomplished
by use of a drop digging machine and all spoil materials will be
placed on high ground. The application plans also call for mainte-
nance excavation within the entire boat basin measuring 169' long
by 35' wide to an oaverall depth of -4' MLW. The maintenance work
will connect to the naturally occuring -4' of water in Deer Creek.
The maintenance excavation is designed"to maintain a 10' wide sec-
tion of salt marsh cordgrass near the mouth of the basin as well
as an intertidal sand flat along the south side of the basin. All
spoils (approximately 1,177 cu.yds. of silty sand) will be placed
landward of the new bulkhead, particularly in the back section of
the basin that is planned to be filled.
In total, 441 lin.ft. of bulkhead
basin shoreline. This includes a
each side entrance to the basin.
will be installed landward of the
will be installed around the new
28' wing-wall section around
The bulkheading in these areas
existing salt marsh fringe.
Anticipated impacts
The dredge and fill project will destroy a total of 580 s .ft. Of
salt marsh cordgrass. Approximately 235 sq.ft. will be lled and
345 sq.ft. will be excavated. This.represents about 1/2 of the
marsh in this man-made basin. Some consideration has been given
to transplanting the displaced vegetation to the intertidal
zone on the south side of the existing basin. The loss of
this amount of marsh grass within the basin should not have a
significant impact on the local marine resources. The proposed
excavation of 1,177 cu.yds. of silt and sand will more than
likely improve the flushing. capabilities of the boat basin with
Deer Creek since it will eliminate a shoaled area near the.
mouth.
CAMA REVIEW
The proposed project has been reviewed.with reference to the
Land Use Plan for the Town of Cape Carteret dated 1981. The
project appears to be consistent with that document where the
high ground is identified as transition and the surface waters
of Deer Creek as Conservation.

r
Submitted by Jas. L. Mercer Date June 18, 1086
{
FOR v v ?U?
PERMIT TO EXCAVA 1q
TE AND/OR FILL WATER QUALITY CERTIFI ?
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR.MAJOR DEVE1_DrntE4T.__--_
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resdurces and Community Development Corps of Engineers, Wilmington District
(GS 113.229, 143-215.3(a)(1), 143.215.3(c), 113A-118 (33CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. dame -__ Burton Hugh and Rh 1 Reginald
Last First Middle. '
B. Address -. 543 Neptune Drive
Street, P. O. Box or Route
Swansboro, N.C. 28534 -919-393-2563
_
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Carteret
B. 1. City, town, community or landmark- Cape Carteret
2.' Is proposed work within city limits? Yes X No
C. Creek, ricer, sound or bay upon which project is located or nearest named body of water to project Bogue Sound
*man-made boatbasin in highground off Deer Creek and Neptune Drive
lit. Description of Project
A. 1. Maintenance of existing project - excavati 06 2. New work - Bulkhead. emravate- fill
B. Purpose of excavation or fill
1. Arc mi'ie9x New excavati01kngth 169' widths=-depth- 2-4' 111 W
2. Boat basin * length 1139' width 35 depth 31 i1LW
3. Fill area * length 41 width 42 depth 5 1
4. Othor length width - depth
C. 1. Bulkhead length 441 1 f Averagedistance waterward of MHW (shoreline)_73
2. Type of bulkhead construction (material) Tongue and groove board and wood _ pi 1 i nas
D. Excavated material (total for project) °
1•. Cubic yards __1:177 2 T 1-
• ypc of.matcrial San JL
E. Fill material to be placed below MH%V (sec also V1. A) "
1. Cubic yards 421 2. Type.of material San d)4
IV, Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or. other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes.X.. No
C. Disposal Area
1, location 543*Neptune Drive Swansboro, N.C._ landward of proposed bulkhead*
2. Do you claim title to disposal area? Yes --- - -- -
D:. Fill material source if fill is to be trucked in _ N/A
E How will excavated material be cntrappcl and erosion controlled? Silt fence and straw retained and
contained by the proposed bulkhead.
1. '(ypc of equipment to h. used- DrQtt 40 Excavator and 11500 Ca- ,p
?. Will marshland be crossed in transporting equipment to project site? If yes, explain NO
r
i
t
81
in17R
/?. 1. fl1Vd1Y- J 14 49"1,C uU ll 6u LA. 444'- J 11$ 4?- , uml l-y I CJ 1 uI.IIVL
4. Commercial No
3. Housing Developmentorlndustrial Housing development
4. Other No
6. t. Lot size(s)- Burton 100',x 400' Rhue .100' x 400'
5'
2. Elevation of lot(s) above mean high water
3. Soil type and texture Sandy
4. Type of building facilities or structures Residence and outbuilding
S. Sewage disposal and/or waste water treatment A. Existing Septic' Planned
S. Describe 1,000 Gallon tank with 2- 70 ft. lines located in front of residence
6.. 'Land Classification LOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
Vt. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X_ No
S. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesX No
2. Type of discharge Backfi l l
3. Location of discharge Landward of bulkhead
Vil. Present rate of shoreline erosion (if known): 3 feet in rri ti ca 1 a rpas npa r mouth
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: None
IX. Length of time required to complete project: In Dn Ile
X In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be'theowner 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 on his land.
B. Attach an accurate work plat drawn to scale on 8%a X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A eopy'of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served 04./25/86
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mrs. Velma Rhue 545 Neptune Drive Swansboro, N.C. 285
Mr. and Mrs. Eddie Fulcher (Lot #12) Neptune Drive, Live Oak Drive Swansbor_o,N.C.
Xl. Certification requirement: l 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.
(it. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devei-
opmerit activities, including construction, excavation, filling, and land clearing.
i
E C.-L.?VV+ ?t
;aim
Applicant's Signature
(Agent for Hugh Burton and
t
-82 Sr-F RE\1rlZcF s!7F r0'; MAILING INS n'-'CT:O":S
to/7s
n
28584
Reginald Rhue)
e
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C`. it - 91 1 'I
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l?i.? ? V. 1? (4`, y `"?. 0?. .1?_•(• .?t - ?_ ,? _ ry .?y i! ?. 1«y _ '?'11iMf.
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- - --------------- - - -
40,
OF FILING Ot'•
• _ NOTICE
• APPLICATION FU!t CMA .1,\JOtt Ut:\'i .t)1':tt::?'1 .
PL''MMI'T AI:!) WATER QUALITY CEIRTIFICAT1011
. • Pursuant to NCCS.113A-119(b) and 143-215 3(a)(1)(c)•,• the Ueparttilcilt of
Natural P.esources and'Cocynunity.Dcvelopm-ant hereby gives Public Notice that
rR of Swansboro, N. C. filed an appti-
Iiurton and R?tinald RhuP
jeation on June 4, 1986 - for a permit from the Division of 'Coastal
11ar=agerrnt to develop in an Area of Envirorrcntal Concern and for Certi•ficaticn
from. the Division of Environrantal ',H na-cm. nt that.a. discharge of fill material
.iti project wetlands will not violate applicable Water Quality Standards.
Acco-rding to-said application, the aonl,?irant tsOpose to bulkbi ad
the 441. ft. boat basin and expand its width by 5•f and to maintenance
t
t
c
s
excavate an existing 41 ft by 169. ft. boat basin. . Joint venture at aroperty
located at Lots -10 and -11., Neptune Drive Cape Carteret, Carteret Courity

-
. t

• 1
A' copy of. the entire application and *additional information may b= c::atnined' _
(or copies furnished, upon paycent of reproduction costs) during.norwol business t
.-Bldg.
hours at the DivisionofCoastal ::anagement, !
and/or the Division of Ens-ronr:L.ntal
Morehead G t
ton NC
,
7iana8ement, David Cntfon rTRC')) Rr?triona? nF.. 777K hf „ "_ 414lming
The Division of Eni irnns_atal I•Ianag2mant proposes to `take final action on [iris '

dater Quality Certification on or after July 21, 1986 t

?
The issuance of the CN%A Major` Develop-mant.Perinit and the Section 401 Certification-
o
.
may deviate from this projected date depending upon the nature of tile comnnnLs
submitted and subseauent hearings that may result. ' . f

.
' ? .' 1 td a d e•i, t i n, o t p Mr
All persons desiring to•make comwents'shoulo so in ?,t r
Davie Owens, Virector,Division of" Coastal Management, P. 0. Box 27687,
N. `C. 27611 prior to • July 1.0, for consideration
Raleigh,'
.
under the CAMA Permit decision, and to Mr. Bill.L-,'(i11s, with the Divi-
ion of Environmental Management, PO Box 27687, Raleigh, N. C. 27611
s
for consideration under the Water
July 10, 1986
---
prior to
Quality Certification'dccision.

1
A?STAfF,'
400'r
State of North Carolina
Department of Natural. Resources and Community Development
Division of Coastal Management
"." 512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
Field Services Section
PO Box 769
Morehead City, NC 28557
919 726-7021
June 23, 1986
RECEIVE-D
Carteret News Times
Morehead City, NC' 28557 JUN 244.1986
Gentlemen: WATER QUALITY SECTION
OPERATIONS BRANCH.
Please publish the attached two No-
tices in`,your-June 25, 1986, issue of the News Times.
Send us bill in duplicate and Afficait of Publication
as soon as possible.

tl v
1JLM/rt
encl.
HUGH BURTON & RE' NALD RHUE
LLOYD W. VOGT
I
i?
i
Cordially yours,
hmes L. Mercer
Field Consultant
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Tclcphonc 919-733.2293
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
July 3, 1986
Mr. John Sutherland, Chief
Water Pla ection
Divis' n of Wate Resources
Ra igh, North Car n 11
Dear Mr. Sutherland:
The attached copy of an application submitted by:
David W. Owens
Director
Hugh Burton & Reginal Rhue
Applicant's Name
_Cape Carteret Carteret
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than 7/24/86
Sincerely,
Toh R. Parker, Jr., Chief
Major Permits Processing Section
JRP:ap:2480
1 .,
M
OFFSCE OF COASTAL MANAGEMENT /
FIELD INVESTIGATION REPORT
HUGH BURTON AND REGINIALD RHUE
1. Applicant's name
2. Location of project site Lots 10 and 11 Neptune Dr. manmade boat 'basin off* Deer
reek T X
3. investigation type: Dredge & Fill X CAMA
4. Investi at ve procedure: (A) Dates of site visit 4-?q-aL__ 6-1--7-P6
3?f,tlrJ,S3 "(B) Was applicant present vPG -
O U/
5. Processing procedure: Application received-4-g.6 Office ?fnrPhPad r'_
6. Site description: (A) Local Land Use Plan Cape Cart° rPt
Land classification from LUP o- i ?Transi ti on
Development constraints identified in LUP
(B) AEC(s) involved: -Ocean Hazard Estuarine shoreline X.
Coastal wetlands Public trust waters
Estuarine waters _ Other
(C) Water dependent: 'Yes X No Other SA Waters
(D) Intended use: Public Private Res identdot&erc ial
(E) Type of waste water treatment: Existing Lot #10, Septic system
P1Anned Lot-#11, undeveloped (no system)-
(E) Type 'of structures: ExistingLot #10, two story house with workshop
Planned Lot ill 1
(G) Estimated annual rate of erosion ____J=2 ?. Source ppr nb_j=s ?»+ ?n
7. Habitat description: AREA
Died ed Filled Other.
(A) Vegetated wetlands:
Salt marsh cordgrass
(B) Non-vegetated wetlands:
Canal ' bottom 5_,915 scs . f t .
Canal bottom 1,722 sa.ft.
(C) Other:
Highground 845 sq.ft.
(D) Total area disturbed:
8. P? Applicannts propose to buLchead the boat basin and expand the wisth
?dject summary
by'5' for a distance of 1691, to fill in back portion of basin 41' x 42' and to maintainanee
excavate existing basin 41' x 169' A joint project sponsored by adjacent property
owners for private residential use.
A
9. Narrative description
Mr. Hugh Burton and his neighbor, Reginals Rhue., have made a
joint application to expand and modify an existing highground
boat basin that parallels their property. The project site is
located on Lots 10 and 11 off Neptune Drive and Deer Creek within
the Town of Cape Carteret, Carteret County.
Mr. Burton and his family live in a nice, two-story house on Lot
#10 which has a street address of 543 Neptune Drive. Lot #11
which is about an acre in size and owned by Mr. Rhue is not yet
developed, but well vegetated with pines and mixed hardwoods.
There are no current plans to construct a residence or develope*the
highground property at this time.
The existing boat basin is 211' long by 41' aide.. . Th - applicants
want to shorten the overall length by 421, making the new length
169'. Once the entire shoreline has been bulkheaded, the very
back section of the basin, measuring 41' x 42',will be filled
to an elevation equal to the surrounding back yards of about
61. Approximately 235 sq.ft. of salt marsh cordgrass occurs
within three small patches along the shoreline.in the area to be
filled.
Mr. Rhue proposes to widen the overall width of the boat basin from.
about 41' to 461. This will require excavating a 5' wide section
of highground property for an overall distance of 169' to a depth
of -4' MLW. This expansion will displace an additional 345 sq.ft.
of salt marsh cordgrass which has invaded the unbulkheaded edges
of the applicant's shoreline. All excavation will be accomplished
by use of a drop digging machine and all spoil materials will be
placed on high ground. The application plans also call for mainte-
nance excavation within the entire boat.basin measuring 169' long
by 35' wide to an oaverall depth of -4' MLW. The maintenance work
will connect to the naturally occuring -4' of water in Deer Creek.
The maintenance excavation is designed to maintain a 10' wide sec-
tion of salt marsh cordgrass near the mouth of the basin as well
as an intertidal sand flat along the south side of the basin. All
spoils (approximately 1,17" cu.yds'. of _sJLlty sand) will be placed
landward of the new bulkhead, particularly in the back section of
the basin that is planned to be filled.
In total, 441 lin.ft. of bulkhead will be installed around the new
basin shoreline. This includes a 28' wing-wall section around
each side entrance to the basin. The bulkheading in these areas
will be installed landward of the existing salt marsh fringe.
10. Anticipated impacts
i
The dredge and fill project will destroy a total of 580 s?? ft. of
salt marsh cordgrass. Approximately 235 sq.ft. will be filled and
345 sq.ft. will be excavated. This represents about 1/2 of the
marsh in this man-made basin. Some consideration has been given
i
to transplanting the displaced vegetation to the intertidal
zone on the south side of the existing basin. The loss of
this amount of marsh grass within the basin should not have a
significant impact on the local marine resources. The proposed
excavation of 1,177 cu.yds. of silt and sand will more than
likely improve the flushing capabilities of the boat basin with
Deer Creek since it will eliminate a shoaled area near the
mouth.
CAMA REVIEW
The proposed project has been reviewed with reference to the
Land Use Plan for the Town of Cape Carteret dated 1981. The
project appears to be consistent with that document where the
high ground is identified as transition and the surface waters
of Deer Creek as Cons'ervation.
.

r
Submitted by Jas. L. Mercer Date June 18, W86
A FOR J'J'i 4 1
PERMIT TO EXCAVATE-AND/OR FILL WATER QUALITY CERTIFI r'?,,
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FORMAJOR DEVETbT'Rtff??_.__`
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143.2153(a)(1), 143-215.3(c), 113A-118 (33 CF R 209.320-329) .
Please type or print and fill in all blanks. If information is trot applicable, so indicate by placing N/A in blank.
1. Applicant Information
A.flame Burton Hugh and Rhue Reginald
Last First Middle . .
B. Address 543 Neptune Drive
Street, P. O. Box or Route
Swansboro., N.C. 28534 919-393-256
City or Town State Zip Code Phone
11. Location of Proposed. Project:
A. County Carteret
B. 1. City, town, community or landmark Cape Carteret
2. Is proposed' work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Bogue Sound
man-made boatbasin in highground off Deer Creek and Neptune Driye
Ill. Description of Project
A. 1. Maintenance of existing project excavation 2. New work. Bulkhead, ecav e, fill
B. Purpose of excavation or fill
1. A&k*m JS?4' x New excavati 0111enbth___LET --LET -width 5 '-.depth 2-41 Hl w
2. Boat basin * length 169 width 35 depth 3,t J l ill
3. Fill area length 41' width 42 t depth 5 1 y.
4. Other length width depth
C. 1. Bulkhead length 441 If Average distance waterward of MFiW (shoreline)-1'
2. Type of bulkhead construction (material) Tongue and groove board and wood Pilings
D. Excavated material (total for project)
1'. Cubic yards 1,177 2. Type of material Sandy
E. Fill material to be placed below MHW (see also V1. A)
1. Cubic yards 421 2. Type.of material Sandy
IV. Lard Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes X_ No
C. Disposal Area
1, Location- 543 'Neptune Drive Swansboro, N.C. landward of proposed bulkhead
2, Do you claim title to disposal area? Yes
D:, Fill material source if fill is to be trucked in N/A
E., flow will excavated material be cntrippcJ and erosion controlled? Silt fence and straw retained and
contained by the proposed bulkhead..
F, 'lypc of equipment to be used Drstt 40 Excavater and 1150n Case On7er
Will marshland be crossed in tramporting equipment to project site? If yes, explain- NO 'p'
F•B 1
1n/7A
A. 1. Private Private boatbasin- single family residence
Z Commercial No
3. Housing Development or Industrial Housing development
4. Other No
B. 1. Lot size(s) Burton 100' x 400' Rhue 100 x 400'
' , -
2. Elevation of lot(s) above mean high water 51
3. Soil type and texture Sandy
4. Type of building facilities or structures Residence and outbuilding
S. Sewage disposal and/or waste water treatment A. Existing Septi c Planned
B. Describe 1,000 Gallon tank with 2- 70 ft. lines located in front of residence
6. !Land Classification irc?? LOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X_No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? 'Yes X No
2. Type of discharge Baekfi l l
3. Location of discharge Landward of bulkhead
VIl. Present rate of shoreline erosion (if known): 3 feet in cri ti cal areaq naar mouth
Vlll. List 'permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: None
IX. Length of time required to complete project: na gs
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served 04/27/36 D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mrs. Velma Rhue 545 Neptune Drive Swansboro,.N.C. 28584
and Mrs. Eddie rulcher (Lot #12) Neptune Drive.` Live Oak Drive Swansboro, N.C.
XI; Certification requirement: 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.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
? r
rE
• Applicant's Signature
(Agent for Hugh Burton and
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•F-82 SEI~ REVFRSr SIDE FOR MAILING INST,^.UC :0.11"S
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 2, 1986
SUBJECT: File No. SAWC086-N-016-0263
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear.Mr. Mills:
EC EIV ED
N11 AY, 05 985
WATER QUALITY VSECTIM-1
Enclosed is the application of Mr. Hugh Burton for a
Department of the Army permit and a State Water Quality
Certification for work involving the construction and backfill of
a bulkhead and excavation of a boat basin off of Bogue Sound, Capr
Carteret, Carteret 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by June 30, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and.
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

APPLICATION VI t,tjC4b P "V
FOR
PrjRk4I'I'TO EXCAVATE AND/OR FILL WATER OUALITY CERTII-ICATION .
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOP ENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Enginoers, Wilmington District
(GS 113-229, 143.215.3(x)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)

Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank., r ,
h 1 n nr.
1. Applicant Information
A. Name Burton Hugh
Last f=irst Middle
B. Address 543 Neptune Drive
Street, P. O. Box or Route
% Swansboro N.C. 28584 919 393-2563
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Carteret
B. 1. City, town, community or landmark Cape Carteret
2. Is proposer) work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project - Bogue Sound
Ill. Description of Project
A. 1. Maintenance of existing project - Bulkhead 2. New work _ EXCaVat _ , _ fill, _ and bulkhead
B. Purpose of excavation or fill
I. Access channel length width depth
2. lioat basin X length 2.2' _ width 41' depth 3'
3. I ill area X length 41' width 42' depth 5
d. (Other length width depth
C. I. Bulkhead length 441 1 f Average distance waterward of MHW (shoreline) 3 1
2. Type oi'bulkhead construction (material) Tongue and Groove Board and Wond Pilings
D. I xcavatrd material (total for project)
1. (:chic y,uds 1,177 2. Type of material Sandy
E. I- ill material to be placed below MHW (see alsoVl. A)
1. Cubic yards 421 2. Type of material Sandy
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area
1. Location
2. Do you claim title to disposal area? YeS
0. 1 ill material source if fill is to be trucked in _ _N/A
I I low will excavated material be entrapped and erosion controlled? _ Silt Fence and Straw
I . I ype of equipment to be used Drott 40 Excavater and 50D Case Dozer
G. Will marshland be crossed in transporting equipment to project site? If yes, explain Nn
F-B I
. to/1B
sin
,ustrial
f1
_,,° ,above mean high water 5
?s P Xture SandY
,mg facilities or structures Residence and Outbid ?jna - - ---
fsposal and/or waste water treatment A. Existing _SP,nl' i r Planned
B. Describe 1000 Gala ^" 7anlr Ui th 2 20-ft- lines located i Jrnnt nfof rPSiriPn _P
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION 7fIER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes _.X_._ No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-._....No X?
2. Type of discharge None
3. Location of discharge NOne
VII. Present rate of shoreline erosion (if known): Nnne
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: A
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8%s X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter * served 04/2!)/66
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
M r hue 545 Ne tune rive Swansboro N.C. 28584
Re ina"Id Rhue 541 Ne tune Drive Swansboro, N.C. 28584
XI. Certification requirement: 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.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE Q4/ 5/86

D&F-82
Rev. I0/7B
Applicant's Signature
Agent For Hugh Burton
SEE REVERSE SIDE FOR MAILING INSTRUCTIONS

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 2, 1986 E
SUBJECT: File No. SAWC086-N-016-0263
Mt All . 4i ?

Mr. Hugh Burton
543 Neptine Drive
Swansboro, North Carolina 28584
Dear Mr. Burton:
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received April 28, 1986, for a
Department of the Army permit to construct and backfill a bulkhead
and excavate a boat basin off of Bogue Sound at your property on
Neptune Drive, Cape Carteret, Carteret County, North Carolina,
indicates it to be a candidate for Federal authorization under
this general permit. Accordingly, the administrative processing
of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-016-0263 and will be coordinated by
Mr. David Baker. He is available to address questions or comments
you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
00 .. -2-
? 0..?-

Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687