19860182 Ver 1_COMPLETE FILE_19860101

Permit Class Permit Number
New STATE OF NORTH CAROLINA 139-87
Department of Natural S ,Community Development
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to NCGS 113-229
Issued to Gordon A Marks, 714 Burch Avenue, Durham, NC 27701
authorizing development in Carteret Countyat Bogue Sound at Moonlight Bay off
of Moonlight Drive - as requested in the permittee's application dated 7/5/86 including
attached revised plat dated received 6/24/87.
This permit, issued on 2/30 0 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 terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The riprap material must be free of fines or other pollutants in other than
trace quantities. Metal products, organic materials, or unsightly debris
will not be used.
(2) The riprap must be of a size sufficient to prevent its movement off site
by wave action.
(3) The activity shall be conducted in such a manner as to prevent increases
in turbidity outside the area of construction or construction-related discharges
(increases of 25 NTUs or less are not considered significant).
(4) If the area waterward of the authorized riprap has not revegetated naturally,
the permittee will repair the 2-foot-wide area immediately waterward of
the authorized riprap material by planting Spartina alterniflora marsh. sprigs
on 2-foot centers. This work, which will be subject to sn pection by the
Division of Coastal Management in consultation with the National Marine
Fisheries Service, will be accomplished between April 1 and June 1, 1988.
(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, 1990
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.
IX.LLi. (?
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Gordon A. Marks
ADDITIONAL CONDITIONS
Permit #139787
Page 2 of 2
NOTE: The Division of Environmental Management issued Water Quality Certification
No. 1986 for this project on October 23, 1986.,

October 23, 1986.
Mr. Gordon A. Marks
714 Burch Avenue
Durham, NC 27701
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Rip-rap Beyond Bulkhead
Gordon Marks
Bogue Sound
Carteret County
Dear Mr. Marks:
Attached hereto are two (2) copies of.Certification No. 1986
issued to Gordon A. Marks dated October 23, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
y I..t
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 Gordon A. Marks pursuant to
an application filed on the 13th day of August, 1986 to place rock
rip-rap waterward of an existing bulkhead.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Bogue Sound
in conjunction with the proposed bulkhead stabilization 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 rip-rap material be of such size as to not
be carried off by wave action and consist of clean
rock or masonry material free of any debris or toxic
pollutants.
3. That in locations where the material is to be placed
below mean high water, the applicant will take all
reasonable care to minimize adverse effects on water
quality.
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 23rd day of October, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C, Mili9
For
R. Paul Wilms, Director
WQC# 1986
4dW?
October 23, 1986
Mr. Gordon A. Marks
714 Burch Avenue
Durham, NC 27701
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Rip-rap Beyond Bulkhead
Gordon Marks
Bogue Sound
Carteret County
Dear Mr. Marks:
Attached hereto are two (2) copies of Certification No. 1986
issued to Gordon A. Marks dated October 23, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens

NOPMi 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 Gordon A. Marks pursuant to
an application filed on the 13th day of August, 1986 to place rock
rip-rap waterward of an existing bulkhead.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Bogue Sound
in conjunction with the proposed bulkhead stabilization 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 rip-rap material be of such size as to not
be carried off by wave action and consist of clean
rock or masonry material free of any debris or toxic
pollutants.
3. That in locations where the material is to be placed
below mean high water, the applicant will take all
reasonable care to minimize adverse effects on water
quality.
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 23rd day of October, 1986.
DIVISION OF ENVIRDNMENTAL MANAGDENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 1986
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE : September 23, 1986 E \1 EVE,-
TO: Bill Mills
I'
'
Operations Branch ? `? 2
E
FROM: David. H. Cotton WATER NPIU
Wilmington Regional nfice 0PERA*f10N1 ' ' ``'-'!
THROUGH: A. Preston Howard, Jr. ?.
Wilmington Regional Office
SUBJECT : Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Gordon A. Marks - Moonlight Bay - Bogue Sound
Carteret County
The applicant proposes the placement of rip-rap waterward of an
existing bulkhead. The project is adjacent to Bogue Sound classified
SA and open to shellfishing.
This project has been reviewed to determine impacts to water quality.
The following comments are offered:
1. That a 401 certification is needed for the placement of rip-rap
below MHW. The 401 certification should contain the following
conditions:
a. That the rip-rap material be of such size so as not able to
be carried off by wave action and consist of clean rock or
masonry material free of debris or toxic pollutants.
b. That where the rip-rap material is to be placed below the
mean high water mark, the applicant will take all reasonable
measures to minimize adverse impacts on water quality.
C. That the turbidity in the area outside of the project not be
increased by more than 25 NTUs.
This office has no, objection to the project provided that the above
conditions are met.
DHC:kc
cc: DCM - Nelson Paul
WiRO
CF
4 OFFICE OF COASTAL MANAGEMENT y.-Long, 76y44 25
FIELD INVESTIGATION REPORT,
1. •- Applicant's name GORDON A. MARKS
2. Location of project site 124 Moonlight Dr., Moonlight Bay, Beach Mobile Home
Court Atlantic Beach, Carteret County
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit. 0-0-,0
(B) Was applicant present -AYES
Photo ref.. 32-1176- G-14
5. Processing procedure: Application received 8-13-86 Office Morehead City
6.. Site description: (A) Local Land. Use Plan Town of Atlantic Beach
Land classification from LUP Developed/ Conservation
Development constraints identified in LUP The Town supports
state policies toward the wetlands as stated in legislation and as
embodied in the regulations or wetlands areas of environmental concern.
(B) AEC(s) involved: Ocean Hazard
Coastal wetlands
Estuarine waters X
(C) Water dependent: Yes X No
(D) Intended use: Public Private X
Estuarine shoreline
Public trust waters X
Other
Other
Commercial
(E) .Type of waste water treatment: Existing GPit,r tank __
Planned
. (F) Type of structures : Existing residence , storage blc3-gi, at-r _
Planned none '
(G) Estimated annual rate of erosion none Source- personal oh_-,tmrvaf-inn
7. Habitat description: AREA
(A) Vegetated-wetlands: Dredged Filled Other
Smooth cordgrass 144 sq.ft.
(B)' Non-vegetated wetlands:

none

9. Narrative Description
The applicant's property is a 1/8 acre parcel located adjacent to
Moonlight Bay in the Beach Mobile Home Court, 124 Moonlight Dr.,
Town of Atlantic Beach, Carteret County. the property is about
4' in elevation and contains the applicant's double-wide mobile
home, storage. building and parking areas. The remainder of the
property is vegetated with domestic yard species which are mani-
cured in the form of a lawn.
The shoreline is characterized by an existing bulkhead which forms
a'continuous line with the adjacent properties; waterward of
this bulkhead is an existing 10' wide boat ramp and-existing
pier. A marsh fringe composed of smooth cordgrass exists water-
ward of the bulkhead and this fringe is approximately 16-20'
wide.
The applicant is proposing to place a rock revetment waterward
• of the existing bulkhead. The rock revetment will be about 4'
high and extend 4" waterward of the bulkhead.
The area the applicant proposes to fill was previously smooth
cordgrass marsh and was the subject of a Notice of Violation from
our office on April 26, 1985. We secured restoration of the
area immediately adjacent to the bulkhead and resolved the viola-
tion. However, since that time the marsh has not vegetated very
successfully due,to the residue from the previous unauthorized
work.
10. Anticipated impacts
Conducting the project as proposed will involve the placement of
about 10 cu.yds. of fill material in approximately 144 sq.ft. of
what was previously smooth cordgrass marsh. Smooth cordgrass
marsh is valuable to the marine fishery resources of the area
and provides many functions such as water filtration of adjacent
surface runoff, detrital material for-the adjacent marine fish-
ery resources, and habitat for the-organisms of the estuary.

FOR
PERMIT *D EXCAVATE AND/OR r11.L WATER OUALFTY CERTI17 ICA1'ION
EASF:WNT IN LANDS COVE KED BY WAI ER CAMA PERMIT FOR MAJOR DCVI_.-LOPMENT
Department of Admiaitttration State of North Carolina Department of the Army
(GS 146.12) Department of Natui.a Rcvoun-cs and Community Development Corps of Engineers, Wilmenxton Utstricl
(GS 113-229.1-13-215.30)(1). 143.215.3(c), 113A-118 (33(YR 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 ?D /D
A. Name dlp S a
Last First Middle ,
B. Address e? Zz y
Street, P. 0. Box or Route _?(o,?Z
n1) /P1>< X, c a? 770 / f ?,=?' • „z70
City or Down State Lip Code Phone
11. Location of Proposed Project:
A. County CRryefi e 7-
B. 1. City, town, community or landmark f7 Q1 7_2 e- '6'*"eCz
2. Is proposed work within city limits? Yes _V"?'No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project!' Sou
111. Description of Project
A. 1. Maintenance of existing project !?'f • 2. New work
B. Purpose of excavation or fill
I._ Access channel .4 length - width depth
2. Boaf basin Al oil length width depth
i
3. F=ill area 44 d length 3S * width depth . ?1, t' o r,k is 0iA+,7' f'f Xyt•,fJ.t<+g
,r9err4rC ?e4 .fl
4. Other length width depth
C.-,1. Bulkhead length_ Average distance ivaterward of MFIW (shoreline)
2. Type of bulkhead construction (material)
D. Lxeavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill-material tolbc placed below MIIW (sec also VI. A)
1. Cubic yards 2. Type of material S of ?x Bede A
IV. Land Type, Disposal Area, and Construction Equipment:
A. Discs the area to tic excavated include any marshland, swa nips or other wetland? Yes ? No
B: Discs tile. dispOs.tl area include any marshland, swamps or other wetland? Yes No _L-
C. Disposal Area
1. Location
2• Do you claim title to disposal area? -
D. Fill material source if fill is to be trucked in r' 4 rJ rN
L-.. 'l low will e?iaw,ur=cl rK.rt?+ial t>~ etintialslr arrttrrrrsioii contr<11It•d? I e_ 1 T1't1t•:ul cqurt.icii nt tai he ia1 L 1.Qri - d c•'; -
0. Will'nLUShlan let t.io%s d it, transl+tirting etµrrlxrlcnt to hrolect site? If ye".. crpl In N;#
•lt 1 _ _ ._
•',.. 10/775..... _ ? •
2. Commcr:idl
' s 3. Housing bevelopment or Industrial
4. Other
?. i. Lest sizets) --5Q _X /DD
2.. Clcwation oe IotN above mean high water /y
3. Soil type and texture 5r,4N d
4. Type of building facilities or structures S1N e ;!_"i XX ii ewe
S. Sewage disposal and/or waste water treatment A. Existing Swr c 7<111'lanned
B. Describe
6. 'Land Classification'(circle one) DE-VELOPED 1 I2ANSIT.IONAL CUh1h1UNl !'1' RURAL
CO.NSERVA TI ILR (See C:AMA Local Lard Use Ilan Synclpsi.)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes V--"No
B. 1. Will any runoff or discharge enter adjacent waters as ;t ycsulf of project activity or planned use of the
area following project completion? Yes-No
2. Type of discharge
3. Location of discharge _ .? Al"
VII. Present rate of shoreline crosion (if known):
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:
IX. Length of tune required to complete project '_ c3 d
X. In addition to the completed application form, the following items mast 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 »aner of s:id prorcrty,
then forward a copy of the deed or other instrument under which the owner claims title ICI::; written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8',1: X 11" white paper (see instruction hoo'klct for
details): Note: Original drawings preferred - only high quality copies accept.d.
C. A copy of the application and plat must he served upon adjacent riparian Iandlov; nets by regi<.trred or
certified mail or by publication (G.S. 113-229 (d))E.nter date served
D. tilt narnes arid. complete addresses of the riparian landowners with proper ty adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
XI
XII. Any permit issued-pursuant to this a(?pliclti 11-will allow only the. development. descrilled in this a(:pli
_?
,c.ttj?sla and plaf,.Ap shca 3.du?a .tltyrefnre aic?scrilYc in the sphlicttit>n and'pt it' i1T anti?'i{ at «1 ilcvit-
op cnt activrfies, including construction, excavation filling;, and land clearing:
7Js
7
Applicant'-s- Sig o aturc
tt S1:1 RI:VLI;S(: Slf)1: FOR MAILING INSI I:l.l(:fl(1N5
C%
Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal manal;ement program and will lie conducted in a
manner consistent with such program.
3'
MOONLIGHT O
BAY
- 2'
-- O
MARSH
•v •v _ no-
MF
NO MARSH AREA
r BULY.HEAD
RIP-RAP
PLACEMENT-1
41
CROSS SECTION
NO SCALE
EXST,
PIER
- 1'

STORAGE
BUILDING + 4'
+ J'
MOBILE
HOME
O
JIUI-t I '
I
OON-
LIGHT D ¢ Q ,
J :?I
MOONLIGHT
BAY
O
• RIP-RAP .
PLACEMENT
n?1G 13198
vu%_- --
FILL AREA
_; ? EXS
4" BULKHEAD
i
i
N'
AREY
ANNIS P/L GRADY
CONt?TE
POD + 5,
MOONLIGHT- DRIVE
GORDON MARKS
PROJECT
1' = 20'
124 MOONLIGHT DR.
NOTICF. OF FILING O1'
i
APPLICATION FOR CXIA MA JOR -DEVELOP.ML.NT
PER1-lIT AND IJATER QUALITY CERTIFICATION
Pursuant to NCCS 113A-119(b) and 143-215 3(a)(1)(cthe llepartnxent of
Natural Resources and Community Develollr•,rnt hereby gives Public Notice that
Gordon A. Marks of Atlantic Beach, N.C.
filed an appli-
cation on August 13, 1986 - for a permit from the Division of 'Coastal
Hanagement to develop in an Area of Environrantal Concern and. for Certification
from the Division of Environi-pental llanaFerrent that. a discharge of fill material
in project wetlands will not violate applicable Water Quality Standards.
According to said application, the applicant proposes to place rock waterward
of an ekisting bulkhead at property located on Moonlight Drive, Atlantic Beach
at the Atlantic Beach Mobile Home Court, Carteret County
A copy of the entire application and additional information may be examined
(or copies furnished, upon payment of reproduction costs) during.normal business
hours at the DivisionofCoastal :/anagementNelson G. Paul, Div. Mar. Fisheries
Buildinq, Morehead City and/or the Division of Environr:onral
11'anagement, David Cotton, Reg. Office, 7225 Wrightsville Ave , Wilmington, NC
The Division of Environu-_ntal Managerrent proposes to take final action on tlii=
Water Quality Certification on or after September 3,o, 1986
The issuance of the CANA Ilajor Developrwnt.Permit and the Section 401 Certification
may deviate from this projected date depending upon the nature of the comrenls
submitted and subsequent hearings that may result.
All persons desiring to•make comments should do so in writing to
Dave Owens, Director, Division of Coastal Management, P. 0. Box 27687,
Raleigh, N., C. 27611 prior to . September '2-0 1986 for consideration
under the CAMA Permit decision, and to Mr. Bill Mill's, with the Divi-
sion of Environmental Management, PO Box 27687, Raleigh, N. C. 27611
prior to September J? 1986 for consideration under the Water
Quality Certification decision.
•1
Mr.
I
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i
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1
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DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Co mments concernYng an application for State Federal CAMArmit(s) from _/ i i
44?
A. PERMIT:
)(This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s), for the proposed
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after.a reasonable opportunity for dilu-
tian :and a fixture
That turbidity levels in shall not be increased
by more than 10 NTU's as a result`of.the.proposed,activity.After a.reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required.
for this project.
Certification is required for
this project. Such action to:
process the certification has
been initiated. Proposed
Certification will be act on /
..r.. '. fyd tP/'!`
or after t4
The proposed project is.certified.
under General.Certification
A) No. 1179 issued on January 25,, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November. 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas,
i"
?,.. __.
WATER QUALITY SECTION,'"
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerni
ng=an application.for State Federal LAMA Permit(s) from -?
r
A
A. PERMIT:
This office cannot comment on this project.until after the close of the Section
401 Certification Public Comments Period,
This office has ot?iection to the issuance .of the permit(s) for the proposed
project with the following conditions::
That the activity be conducted in such a manner as to.prevent significant
increases in turbidity outside the area of construction.or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
,
That the instream turbidity not be increased.by more than 1 NTU's a
MAN
?,.
?Th`a?t?rurbdi ty levels in r _,; , ? no be . incr? " used
L " r.a otu?it3* ?ftr? dilution' anti :mixture.' T
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certificatio.n.has
been-initiated. Proposed.;
Certificat_io?n ,will ?be?acte?clj?o, y
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.`
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September`19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER :QUALITY` SECTION'
DIVISION OF ENVIRONMENTAL-MANAGEMENT.
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 18, 1986
SUBJECT: File No. SAWC086-N-016-0497
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:
RECEIVED
SET 2 2 1986
WATER QUALITY SECTiM1
OPERATION `' ' ` ""'? r
Reference the application of Mr. Gordon A. Marks for a
Department of the Army permit to place riprap material along the
toe of a bulkhead on Moonlight Bay, Bogue Sound, Atlantic Beach,
Carteret.County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letters of September 4, 1986 and September 8, 1986 (copies
enclosed), the U.S. Environmental Protection Agency and the
National Marine Fisheries Service recommended that authorization
be denied. Both agencies base their recommendations on the fact
that the area immediately waterward of the bulkhead was a Spartina
alterniflora marsh before the placement of unauthorized fill
material. They contend that with removal of the material, the
marsh will reestablish and again perform its valuable functions.
We concur with the recommendation that the permit not be issued.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
w4bkk #
-2-

Copies Furnished (without Enclosures):
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. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Oro- e
lq? PROT F'G
SEP U .1 1996

4WMD-MEB/LP
,J
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND s'rREET
ATLANTA, GEORGIA 30355
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Dave Baker
SUBJECT: Gordon Marks
(Public Notice No. 86-N-016-0497)
Dear Colonel Woodbury:

SEP R i98&

This is in response to the subject public notice proposing the placement of
10 cu. yds. of fill material in 144 sq. ft. of wetlands located at Atlantic
Beach, Carteret County, North Carolina. The purpose of the fill is to
place a rock revetment waterward of the existing bulkhead. The area proposed
to be filled was previously a cordgrass (Spartina alterniflora) marsh that
was illegally filled by Mr. Marks but subsequently restored through enforce-
ment action by the State of North Carolina.
The cordgrass marsh has not yet revegetated completely. In time, however,
the marsh should establish itself again and become a valuable productive
system. Cordgrass wetlands perform valuable functions to aquatic systems
including: fish and wildlife habitat, water quality enhancement and storm
water retention capabilities. It is evident that the proposed project will
eliminate the probable reestablishment of a valuable resource. Consequently,
it is our opinion that the proposed project is contrary to the Section 404
Guidelines and should be denied.
Sincerely yours,
Beverly J. Ethridge, Acting Chief
Wetlands Section
Marine and Estuarine Branch
cc: See attached

cc:,,'Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL

40 DEPARTMENT OF THE ARMY

WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
September 2, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-016-0497

-SFP 04 19P6

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:
Enclosed is the application of Mr. Gordon A. Marks for a
Department of the Army permit and a State Water Quality
Certification to place rip rap material along the toe of a
bulkhead on Moonlight Bay, Bogue Sound, Atlantic Beach, 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 October 17, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
Cha s W. Vl Wis
Chief, Regulatory Branch
Enclosure
s.
-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. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
• '" FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTTI-1714'
(EA-,EN1CN.T IN LANDS COVERED BY WA1 ER CAMA PERMIT COIZ MAJOR DLVELOPMENT
Department o(rAJn0winistrV)on State of North Carolina Department of the Army
(G5 146.12) Department of Natural Rcsoun-cs and Community Development Corpsuf.rciginccrs, Wilmington Oistrict
(GS 113.229, 14) 215.3(,)(1), 143.2153(c), 113A-118 \ (33 CrR 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 Informations
41
A. Name
Last First Middle .
B. Address (JfJ/`C/?i y? y
Street, P. 0. Box or Route
12 11 )1-l Al, C X 770 -,z.Z 7 D
City or Town State Lip Code Phone .
11. Location of Proposed Project:
A. County 0n,7e/i e? r //
B. 1. City, town, community or landmarkr? IAN ?/ ???C /7
2. Is proposed work within city limits? Yes No?, $yu
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
111. Description of Project
A. I. Maintenance of existing; project 2. New work
B. Purpose of excavation or fill
1. Access channel h-rigth width depth
2. I3uat b,isin 41d length width depth
3. 1:itI area length _.ILL-width _ _depth By Ct? +--- ---?--
4. Other length width depth
C. I. Bulkhead length Average distance waterward of N1FIW (shoreline)
2. •Fypc of bulkhead construction (material)
1). Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below Alt RV (see also V1. A)
1. Cubic yards ?D 2. Type of material 11pdch
I
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes t,/ No
B. Dues the. dispo"'d liea include any marshland, swamps or other wetland? Yes No -1?-
'C. Disposal Area y? -- -
1. Location
2, Do you claim title to disposal area? ,p • _ ,'
I). Fill material source if fill is to be trucked in _1=1?s=..--- ?-?-
L..Ilow will excavated material ho'entrapped ind erosion controlled?
i
{ (type.ul etyuipnn•nt In 1W Metl F_'
?i Will,mmshland be tio,.sed in tianspurting cyuiprnent to project site? If yes, explain

M i •tl 1
':. 10/7A
A. t. t'rivalc r'rnrfC u'/i .J. XA"Vz S'e4 1v4 ( {,L1. Sul
2. Commercial
3. Housing Development or Industrial
4. Other
1$. P. Lot s i?r..lts) ?O )< /dd
2.. trlcwi ion god lw ('r) above mean high water /V _
3. Soil type and texture .5.4,Y 'V
4. Type of building facilities or structures S 9,/, e 41;we 441N?
5. Sewage disposal and/or waste water treatment A. Exisiing,S!Ze 7_21 C 7?i9TY PlanncJ
B. Describe
6. 'Land Classification•(circle one) [)FVELOPED 1 RANSITIONAL COMMUNI I'Y RURAL
CONSERVA TI I E R (Sec CAMA Local Lard 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 t/ No
B. 1. Will any runuf f'or discharge enter adjacent waters as a lesult of project activity or planned use of the
area following project completion? Yes - No -
2. Type of discharge
3. Location of discharge- Alit
VII. Present rate of shoreline crosion (if known):
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engin.ers or State pcrniiis for
wort: in project area, if applicable:
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 claimi o to be the ant rler of said property,
then forward a copy of the decd or other instrument under which the owner claims title pk:s written
permission from the owner to carry out the project on his land.
B. Attach an accurate wort, pLrt drawn to scale on 81,,2 X 11" white paper (sec 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 Ianulov.,m•rs by re,ristered or
certified mail or by publication (G.S. 113-229 (d))Entcr (late served
D. List narnes 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.
XI
XII. Any permit iswed pursuant to this application will allow only the development described in this appli.
c.tti,,n and plat. Applicants should therefore describe in the application and plat all anticipated (level-
op:." ? nt activities, including Construction, excavation, filling, and land clear irr);.
!t Applicant's Sit;n.tturc
t)d,'
SCr I21:VI.I:S[: SI[)[. FOR MAILING INSI RUC-FIt1NS
• s
Certification requirement: I certify that to the best of my knowledge, the proposed :activity complies
with the, State of North Carolina's approved coastal rnanaLement program and will be conducted in a
manner consistent with such program.

r
MotoNLIGHT O
BAY
2'
O
MARSH
nor
MF
NO MARSH AREA !MX??
BULKHEAD
RIP-RAP
iPLACEMENTI
L Tf 1
CROSS SECTION
NO SCALE
+ 5,
P/L
CARSON
ANNIS P/L
CONCRETE PAD ,+, 51
MOONLIGHT DRIVE
EXS-1
PIER
O
,
" ?, J
C,3,
z
Q Q
J
M?l0NLIGHT
BAY
O
• RIP-RAP
PLACEMENT
- 1'
FILL AREA
EXST.
4" BULKHEAD
4
0.
STORAGE
i
BUILDING + 4'
MOBILE
HOME
AREY
GRADY
ROW
n?1G 1319$
N
GORDON MARKS
PROJECT
if = 20'
124 MOQNLIGHT DR.
Lat.i4 • 4L j_') _ ^
OFFICE OF COASTAL MANAGEMENT Long. 76 44 25
-'- - - FIELD INVESTIGATION REPORT.
1. Applicant's name GORDON A. MARKS
2. Location project site 124 Moonlight Dr., Moonlight Bay, Beaeh Mobile Home
Court Xtlantic Beach Carteret County
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit. 8-8-86.
(B) Was applicant present YES
Photo ref.•32-1176- G-14
5. Processing procedure: Application received 8-13-86 Office Morehead City
6. : Site description: (A) Local Land, Use Plan Town of Atlantic Beach
Land classification from LUP Developed /Conservation
Development constraints identified in LUP The Town supports
state policies toward the wetlands as stated in legislation and as
embodied in the regulations or wetlands areas of environmental. concern.
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing--'Qp=t;r. tank- -
Planned none
(E) Type of-structures: Existing residence storage bldg Pt-r-
Planned none '
(G) Estimated annual rate of erosion none Source'RArsonal opZsPrvatinn
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
smooth cordgrass 144 sq.ft.

(B)' Non-vegetated wetlands:
(C) Other:
1 1
(D) 'Total area disturbed: 144 sp.ft.
8. PrPj,ect surmnary_Appl; ant 12rQ12osPs to places rnrk wnt-erwarri of a,•aAY1 ?+-- ' --
: bulkhead at property located on Moonlight, Bay at 124 Mn
Atlantic Beach (Beach Mobile Home Sourt) Carteret County -
C_.
f-
9.
.10 .
Nlarrative Description
The applicant's property is a 1/8 acre parcel located adjacent to
Moonlight Bay in the Beach Mobile Home Court, 124 Moonlight Dr.,
Town of Atlantic Beach, Carteret County. the property is about
4' in elevation and contains the applicant's double-wide mobile
home, storage building and parking areas. The remainder of the
property is vegetated with domestic yard species which are mani-
cured in the form of a lawn.
The shoreline is characterized by an existing bulkhead which forms
a*continuous line with the adjacent properties; waterward of
this bulkhead is an existing 10' wide boat ramp and existing
pier. A marsh fringe composed of smooth cordgrass exists water-
ward of the bulkhead and this fringe is approximately 16-20'
wide.
The applicant is proposing to place a rock revetment waterward
of the existing bulkhead. The rock revetment will be about 4'
high and extend 4' waterward of the bulkhead.
The area the applicant proposes to fill was previously smooth
cordgrass marsh and was the subject of a Notice of Violation from
our office on April 26, 1985. We secured restoration of the
area immediately adjacent to the bulkhead and resolved the viola-
tion. However, since that time the marsh has not vegetated very
successfully due to the residue from the previous unauthorized
'work.
Anticipated impacts
Conducting the project as proposed will involve the placement of
about 10 cu.yds. of fill material in approximately 144 sq.ft. of
what was previously smooth cordgrass marsh. Smooth cordgrass
marsh is valuable to the marine fishery resources of the area
and provides many functions such as water filtration of adjacent
surface runoff, detrital material for-the adjacent marine fish-
ery resources, and habitat for the organisms of the estuary.

.Submitted by
Nelson G. Paul
Date August 15, 1986
FOR
PERMIT TO EXCAVAT'C AND/OR FILL WATER OUALI'rY CERI WICATION
EASENiCNI IN LANDS COVERED BY WAT LR LAMA PERMIT FOR MAJOR DEVELOPMENT
Department ofrAdmiahtra0on State of North Carolina Department of the Army
(GS 146.12) Department of Natui.tl Rrscwncs and Community Development Corps of Engineers, Wilmington Uistrkt
(GS 113.229, 143.215,)(x)(11, 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 /D
4"
A. Name p
Last First Middle .
B. Address
Street, P. O. Box or Route 0z
3!r' •„ 2 U0
C)1?IP } l9 / may- C 2770 / t 1-1,6
City or Town State Lip Code Phone
11. :Location of Proposed Project:
A. County C'Rre 7-
B. 1. City, town, community or landmark ?74 4N r/ C ?&UC/z
2. Is proposed work within city limits? Yes _)^ No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
11140 44 L_4 a 7-
111. Description of Project
maintenance of existing project 2. New work ?
B. Purpose of excavation or fill
1. Access channel length • width depth
Boa( basin AL- A - length- width depth
2
.
width depth
length
At 4
-
3. Fill area
4. Other length width depth
C. J. Bulkhead length ANNE Average distance waterward of MHW (shoreline) -
2. Type of bulkhead construction (material)
U. Excavated material (total for project)
1. Cubic yards ld 2. Type of material
E. Fill material to he placed below N111W (see also V1. A)
h
f
1. Cubic yards 2. Type of material roof At z --
dc
IV. Land Type, Disposal Area, and Construction Equipment:
V"
A. Does the area to he excavated include any marshland, swamps or other wetland? Y No
es
B: Dues tile. dispo".0 area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location
2, Do you claim title to disposal area?
U, fill material .oura.• if fill is to be trucked in %Qk, r!?
L: 'I low will excavated material lw ential?pea and erosion controlled?

j ; GY1sr,oI equip ntrnt Io b,• used Pt°
(i, Will,maisbland be cruised in transporting celuiprnent to lirojcct site? If yes, explain

t
t
r
•
UCJ411 I
F:. 10/7H
A. L. r'rtvatc /rn,^-K i./ kA Of-e'- 4-P c, eat/ / /C h k Ohl l/Q.yT S' 4 k1444,
f'-2. Commercial
3. Housing Development .or Industrial
4. Other
?. 1'. tr.it sizes) ?Q X /1}D
2.. Elewa?tion cr+lol(s) above mean high water N _
3. Soil type and texture
4. Type of building facilities or structures S//v e•tY?ri ??? f- 1-4
S. Sewage disposal and/or waste water treatment A. Existing; SZer// C 2:ZUl'lanncJ
B. Describe
6. 'Land Classification (circle one) E)E:VELUPED' 1 RANSIT.IONAL CUMP.1UN1 11' RUR??t.
CONSERVA TIILR (See CRANIA Local Land Use Plan Synapsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes V No
6. 1. Will any runoff or discharge enter adjacent water's as a lesulf of project activity or planned use of the
area following project completion? Yes-No
2. Type of discharge _
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
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: _&,..A
1X. Length of tirr?e required to complete project: ,3 d 04-y s _
X. In addition to the completed application. form, the following items must be provided: .
A. Attach a eopy'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 o" ncr of sticl property,
then -forward a copy of" the deed or other instrument under which the owner claims title ;f?:.; written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on E3Y: X I V 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 jandlov.,ne•rs by regtistered or
certified mail or by publication (G.S. 113-229 (d))Enter (late served 7-- - ??
D. tist names and complete addresses of the riparian landowners with proper ty adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
X1.
XI1. Any permit issued pursuant to this application will allow only the development described in this af:pli-
cation and plat. Applicants should therefore describe in the application and that all anticipated devel-
Op:! mt activities, including; Construction, excavation, filling, and Land clrarir•r};:
.. f
„ !t Applicant's Sit;n.tturc
°it' `` ' I i{L:VI.I'SI* SIDE FOR MAILING INSI Ruc-i-IONS
as .:. .

Certification requirement: 1 certify that to the best of my knowledge, the proposed :Ctivity,complies
With the State of North Carolina's approved coastal rnanag;ement program and will be conducted in a
manner consistent with sucti pro-ram.
04 3*
MOONLIGHT O
BAY EXST.
2' PIER
O
MARSH _ 1OOT
(RAMP
NO MARSH AREA
BULKHEAD
RIP-RAP'
`PLACEMENT
41
STORAGE
BUILDING + 4'
?- -t --a-
CROSS SECTION
NO SCALE
+ 5'
P/L
CARSON
MOBILE
HOME
O
MOONLIGHT
BAY
SIGHT
MOON- -'-?
LIGHT JD Q Q?
,J ter,
O
• RIP-RAP
PLACEMENT AVG '? 3
y, FILL AREA
J EXST,
4' BULKHEAD
AREY
ANNIS P/L GRADY
COtdCREETE
Pan + 5'
r
r
MOONLIGHT DRIVE
ROW
GORDON MARKS
PROJECT
1' = 20'
124 MOONLIGHT DR.
V, _
aM,.
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
August 20, 1986
Mr. John Sut rland, Chief
Water P ning Section
Divi 'on of Water es
Ra igh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
GORDON A. MARKS
Applicant's Name
MOONLIGHT BAY, AIL. BEACH 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
It 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 9/10/26
Sincerely,
\J
Joh R. Parker, Jr., hief
Major Permits Processing Section
JRP:ap:2480
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer