19860186 Ver 1_COMPLETE FILE_19860101

a
4
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Commeen--ts.concerningan application for State Federal CAMA /Permit(s) from

7%1(1
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
s office has no objection to the issuance of the permit(s) for the proposed
proj;"That with the following conditions
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-
tion and mixture.
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,:' certif icatiop has
been initiated. Proposed
Certification will be acted-pn
0o after
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, Co No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November-l0, 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

•al<: a ;::,0:, _iF';'(:;r°, i'`iA/ <}0 i R1..:`. DATE 11/26/&.)
ACTION `:D:i7 FILE . iiF C;Ai`iA,;:;•0`i PSWD 7 FiaRiiiA'1 NR1:iFC;AMA NE XT RCT.7 00149
ACTION - ADD, ENTER DATA, REC. ADDED IN 00147 FRD DATA
PRAJO: 00148 PRO & MARY FORBES LA ND CO. COUNTY: DAR[i? RIEGION: 0.?'

TYPE CERTIFICATION R ECOMMENDATION DATE,.''..' Y fP1(•`t.C ,'
404 !:: t . . ! . 401 ... I... W I S S U E : Y RECEIVED: ,., 6i i >
CAMA ONLY: GC: RIP-RAI::, D ENY: INITIAL REPORT:
t i ... L., AP i••, ' `! GC: H OLD: FINAL RE PORT: : a 6.1 'I :-..'.:::,
RECEIVING STREAM: , :: ' + SOUND CLASS: SA BASIN: PAS
COMMENTS.
SITE LOCATED r•^•,D...±At.,I::.i•.1T TO t;F=;+::1F, I Ai-!
SOUND
AT MANNS HARBOR

450 O
!...?? (.
F
F ROCK P:;-ROCK RIP-RAP r'?,
L..+:.i i'•!C Y l:
UL..,.+:+..IW::
':::r1..:+iE:...: tr SHOW::

COPIES: WARO-CENT RAL-MILLS-WOOD
loc6 0 11986
WAt ti: ti?ALITY? ?Ch ????
OPERATIQNS
MEMORANDUM:
®`.0
TO: BILL MOORE
FROM: George H. Wood
SUBJECT: Application for CAMA Major Permi. and/or Dredge and Fill Permit
DATE: November 21, 1986
Attached is an application by MARY B. FORBES LAND COMPANY
which was received by me on 11/4/86 I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
s ?
.If"\/AM AGI MI 11. _

TO: BILL MOORE ?46
FROM: - George H. Wood
SUBJECT: Application for CAMA Major Permit and/or Dredge and Fill Permit
DATE: November 81, 1986
Attached is an application by MARY B. FORBES LAND COMPANY
which was received by me on 1114186 I am considering this
application complete, have acknowledged receipt, and have begun processing.
If you have any questions, do not hesitate to contact me.
% 1
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name MARY B. FORBES LAND COMPANY
2. Location of project site Croatan Sound near Manns Harbor
84 series 150-529 F-11
3. Investigation type: Dredge b Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 11/18/86
(I1) Was applicant present no
5. Processing procedure: Application received 11/4/86 Office Elizabeth City
6. Site description: (A) Local Land Use Plan
are ounty
Land classification from LUP ommunl y
Development constraints identified in LUP none

(R) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters----r- Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing` none
Planned none
(F) Type of structures: Existing none
Planned none
(G) Estimated annual .rate of erosion none Source bulkheaded
7. Ilabi tnt description: AREA
(A) Vegetated wetlands: Dredged Filled Other
(R) Non-vegetated wetlands:
Shallow water 2,250 square feet
(C) Other:
(D) Total area disturbed: 2,250 square feet
8. Project summary The applicant proposes to protect 450 feet of existing bulkhead
by placing rock rip rap along the bulkhead.
» Y
MARY B. FORBES LAND COMPANY
BIO REPORT
PAGE 2
SITE DESCRIPTION:
The applicant constructed a bulkhead along 450 feet of the Croatan Sound at
her property near Manns Harbor. This bulkhead was authorized by G.P. 1885-A and
was completed in 1985. The adjacent properties remain unbulkheaded. The bulkhead
was backfilled and the highground prepared for residential construction but nothing
else has been accomplished on the 4 residential lots. The northeast facing of this
bulkhead has been subjected to the winter storms and is now beginning to show signs
of potential failure, although there is no water behind the structure.
To prevent failure of the bulkhead, the applicant has requested authorization
to place rock rip rap in front of the bulkhead. The rip rap will be sloped which
will result in the fill material extending to five feet waterward of mean high water.
ANTICIPATED IMPACTS:
The proposed project will result in the placement of rock rip rap on 2,250 square
feet of sandy shallow water habitat. No marsh grass will be filled.
CAMA REVIEW:
The project is consistent with the Dare County LUP's classification of this
area as community.
Submitted by: George H. Wood
Date: November 21, 1986
APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL
State of North Carolina -
Department of Natural and Economic Resources
(Re: GS 113-229)
RECEIVED
Department P14Y9
Corps of Engineers, i n on C
(Re: River and Har or Act of 1
Please type or print and fill in all blanks. If the. information. requested is not applicable, so
indicate by placing N/A in the blank.
Applicant Information:
A. Name
B. Address -.
et, r.v. nox or
I ;rn;y, zv, c
amity or Town -state
ar
,? Cle
k
t
- v --
Fj
Pli'o e
II. Location of Proposed Project:
A. County LWA,6- ?.I
B. 1. City, town, community or. landmark
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
CROi¢7- ZT0405'07 ?
III. Description of Operation:

A. I. Maintenance of existing project 2. New work rZ. A? r1z' 1114ve ? n '*"?
B. Purpose of excavation or fill ,W)e'==7=r'00A.W 'aN«e 4
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth____
4. Other, om= f'._4 2 length 4?Sd widths 0 depth ehkk 3
C. 1. Bulkhead dimensions
2. Type of bulkhead construction (material) ?Yy0 ME01s 3*y WOOD /-w'swn' 1t=?t lam! IZ
D. Excavated material (total for project)
1. Cubic yards A/ 7 2. Type of material
E. Fill material to be placed below MHW (see also.VI. A)
1: Cubic yards /40 r 2. Type of material Acv ?ifn /earb&` a?D /Cdr
IV. Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes No_-/1//0'
B. Does the disposal area include any marshland? Yes No k
C. Disposal area 1. Location N
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in zs,g ?'+?p - Steivgie ,t- Cor?ertT+e
E. How will excavated material be entrapped. or encased? .61A
F. Type of equipment to be used
G. Will marshland ¢e crossed in transporting equipment to project site? (If yes, explain) 00/ 4
V. Describe Intended Use of Project Area:
A. 1. Private 31`???6 ?k.3e,/'=vzrt?/
2. Commercial
3. Housing Development or Industrial
4. Other
.S. fo,cd?ES ,L,gi?,a Go.??o.?r'
D&F-B1

r
6. 1. Lot sire(s)
2. Elevation of lot(s) above mean high water = S
3. Soil type or texture
4. Type of building facilities or structures R??!?!??•'??- .t???'_?1°s?
5. Method of sewage disposal or treatment Sfv'? _... ?,ys?!_! _f'?•'O1?r'Ea
VI. Pertaining to Fill and Water Quality: xv?p )C^4.
A. Does the proposed project involve the placement of fill materials below mean high water? Yes W 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
3. Location of discharge wR-
VII. Present rate of shoreline erosion (if known): i60l',m4i?W&0A1--.f.?t?l?AMP.- - ;XV-AE'.+d/eAQ
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: loyi
IX. Length of time required for project activity: AmiyeB
X. In addition to the completed application form, the following items must be provided:
A. Attached 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. (Note: Federal law requires the
applicant to be the owner or his designated agent).
B. Attach an accurate work plat drawn to scale on 8%z" X 1'1" 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 (g) (9) and (10)). Enter date served
Such owners have 30 days in which to submit comments'to agencies listed below.
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.
d. o k, / D 9
,cL mod. AWE Lot s
DATE
Applicant's Signature
Send one completed copy each to:
Permit Section
Division of Marine Fisheries
Department of Natural & Economic Resources
P..O. Box 27687
Raleigh, North Carolina 27611
Ph. 919-829-3767
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28401
(Note: attach Corps cover letter)
Ph. 919-763-9971 - Ext. 565
D& F-B2
Rev. 3/74
. ;
1
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j
CROATAN SOUND AREA

No person shall take or attempt to take any oysters or clams or possess, sell,
or offer for sale. any oysters or clams taken from the fol)owino areas, at any
time: (See back of sheet for continued discription.)
Croatan Sound Area
(a) All waters within a line beginning at a point on'the shore at 35° 53' 56"
N - 75° 41' 36" W; thence WSW 800 yards to a point in the sound at 35° 53'
38" N - 75° 41' 53" W; thence 1975 yards to a point on Sand Point at 35°
53' 03" N - 75° 40' 54" W, to include all tributaries.
(b) All waters within a line beginning at a point near Baum Point at 35° 50'
40" N - 75° 39' 44" W; thence 775 yards to Marker "1" at 35° 50' 26" N -
750 40' 08" W; thence 850 yards to a point on an island at'350 50' 05" N -
75° 39A 56" W; thence 975 yards to a point on the shore at 35° 50' 16" N -
75° 39' 26" W to include all creeks and tributaries within said boundary.
(C) Upstream of a line oeginning at a point near North shore of Spencer
Creek. at 350 51' 45" N - 750 44' 53" W. and thence, 250 yds. in an
easterly direction to a pointat 350 51' 45" N - 750411' 43" W. thence.
south 1500 yds. to a point 350 50' 58" N - 750 44' 43" W. thence 250
yds. west to a point on shore at 350 50' 58" N - 750 44' 53" W.
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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
November 13, 1986
SUBJECT: File No. SAWC087-N-028-0076
Mr. Allan H. Hutton
Mary B. Forbes Land Corporation
S.R. Box Al
Kitty Hawk, North Carolina 27949
Dear Mr. Hutton:
RECEIVED
NOV 17 1986
WATER QUALITY SECTION
OPERATIONS P;?ANCM
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 November 4, 1986, for a
Department of the Army permit to place riprap material waterward
of a bulkhead on Croatan Sound, Manns Harbor, Dare 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
gxocessed 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. SAWC087-N-028-0076 and will be coordinated by
Mr. Hugh Heine. He is available to address questions or comments
you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

-2-
v""OCopies 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
jfater 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
Post Office Box 25039
Raleigh, North Carolina
Service
27611-5039
Mr. Randy Cheek
National Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
. November 13, 1986
IN REPLY REFER TO
.r ""'Regulatory Branch
SUBJECT: File No. SAWC087-N-028-0076
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:
RE0,F! r
NOV 14 1980
WATER QUALITY SECTION
OPERATIONS BRANCH
Enclosed is the application of the Mary B. Forbes Land
Corporation, represented by Mr. Allan H. Hutton, for a Department
of the Army permit and a State Water Quality Certification to
place riprap material waterward of a bulkhead on Croatan Sound,
Manns Harbor, Dare 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 January 12, 1987, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Char s W. lis
hief, 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. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South. Water Street
Elizabeth City, North Carolina 27909
Ari'LIt,A I Ivrv rvrc rr-mmi I IV E.A?_tA Y I c hiILJJvI% I -
State of North Carolina
Department of Natural and Economic Resources
(Re: GS 113-229)
Department of the Army
Corps of Engineers, Wilmington District
(Re: River and Harbor Act of 1899)
j Please type or print and fill in all blanks. If the information. requested is not applicable, so
indicate by placing N/A in the blank.
Applicant Information: .$• U 'Pre- E!5 L,gi,/'t? Go,?Po.$rt 7=
zi `?.? _ . _ _ 11 ! XJ
A. Name
B. Address
treef-,1'-.G7-Box or mute
City or Town" State Zip Code Phone
II. Location of Proposed Project:
A. County L9
>)
B. 1. City, town, community or landmark
2.1s proposed work within city limits? Yes No A -
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
450
III. Description of Operation:

A. I. Maintenance of existing project 2. New work Jam, '?i?? r1? ? ?'?f' n. ?'6"
B. Purpose of excavation or fill 'S)e'=:7=~A- ArN'44"011W_ 4 ?
1. Access channel length width depth -
2. Boat basin length width depth
3. Fill area length width depth.-
/4s- 3 f
4. Other, e © length ySd width s. depth4
C. 1. Bulkhead dimensions
2. Type of bulkhead construction (material) -''"ST???b I?oOD %°/tooas?£r? ?-?t?+ a
D. Excavated material (total for project)
1. Cubic yards A/ 74" 2. Type of material
E. Fill material to be placed below MHW (see also.Vl. A) !!
1: Cubic yards /DD r 2. Type of material ?? (aTa?V? gtrO,tEi? Cam)
IV. Land Type, Excavated Material, and Construction Equipment: .
A. Does the area to be excavated include any marshland? Yes No_1t?1?
B. Does the disposal area include any marshland? Yes No k
C: Disposal area 1. Location w
2. Do you claim title to disposal area?
D.- Fill material source if fill is to be trucked in ??
E. How will excavated material be entrapped or encased? 1l/'
-?
F. Type of equipment to be used
G. Will marshland f e crossed in transporting equipment to project site? (If yes, explain)
V. Describe Intended Use of Project Area:
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other
D&F-131
Rev. 3/74 ?TL? ,

r
B. 1. Lot size (s) - ?, No0___5
2. Elevation of lot(s) above mean high water
3. Soil type or texture
4. Type of building facilities or structures + v,~AAF.A
low ?'"??'Ea
5. Method of sewage disposai or treatment _...sy-S ''
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 a result of project activity or planned use of the
area following project completion? Yes No_
2.. Type of discharge ly of
3. Location of discharge wh-
VII. Present rate of shoreline erosion (if known): .,,Vto oA4-1,V
VIIL List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: /N14
IX. Length of time required for project activity: l •090.?!'1`?}
X. In addition to the completed application form, the following items must be provided:
A. Attached 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. (Note: Federal law requires the
applicant to be the owner or his designated agent). .."
B. Attach an accurate work lat 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
certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served
Such owners have 30 days in which to submit comments'to agencies listed below.
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.

-lcL /5`• bra. c??=•?/ Lof- s'
/?i9 m f 7'? r?/ C z' le-4. A-- ,mod G ky mr . /V. C
DATE
Applicant's Signature
Send one completed copy each to:
Permit Section
Division of Marine Fisheries
Department of Natural & Economic F?esources
P..O. Box 27687
Raleigh, North. Carolina 27611
Ph. 919-829-3767
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28401
(Note: attach Corps cover letter)
Ph. 919-763-9971 . Ext. 565
D&F-R?
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