19870136 Ver 1_COMPLETE FILE_19870227

Permit Class
New STATE OF NORTH CAROLINA
Department of Natural, lftd
Community Development
Cos" etfi}rceion
M1. / '? r4
Gj )
a Mai "IIe 1{.. lnt!iint? onmental
Conc to,
. 171b
"'Alt 12
El Excavation *cf?6 agr's to NCGS 113-229
Permit Number
45-87
Issued to David E. James. P.O. Box 119, Wilson, NC 28557
authorizing development in Carteret County at Rogue Sound, adjacent to 1609
Shack 1 eford Street, Morehead Ci tyas requested in the permittee's application dated 1/8/87 including
attached plats, 2, plan view and location cross section dated 12/31/86.
This permit, issued on ??7 , 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.
(1) The project will be conducted in strict accordance with the project plans.
(2) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge.
NOTE: Permanent reflectors should be attached to the structure in order to make
it visible during hours of darkness or inclement weather.
This permit a6tion'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
Derpmhpr31-1g4
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
(pos... ?,? S,oYC6'-?
\?'i?b??1? ` ee.STAlfo
_.-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
S. Thomas Rhodes, Secretary
January 16,
Mr. John R. r, Jr., Chief-
Major Major rmits Proc ssing S on
ice of Coastal Ma ement
Raleigh, North Carolina 27611
Dear Mr. Parker:
198
?qN
David W. Owens
Director
CO
gs?gl 1yo1
The attached copy of an application submitted by:
navi a R. James
Applicant's Name
1609 Shackelford St., Morehead Carteret
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
XX for a CA11A major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; XX attached; will be forwarded later.
S'ncerely,
Charles S. Jones, ief
00
Field Services Section
CSJ:ap:3566
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
-_ 1. .,_: 1
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments concerning an application for State Federal CAMA Permit(
A. PERMIT:
from J _)w)1 X
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
L.'" office has no objection to the issuance of the permit(s) for the proposed
project ith the following conditions:
V 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-
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 certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25,
1977, for sewer line construction
B) No. 1272 issued on November 10,
1978, for bulkhead construction.
C) No. 1273 issued on November 10,
1978, for discharges of liquid
effluent from diked upland disposal
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E) No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
F) No. 1665 issued on September 19,
1983, for incidental bridge
construction.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 28, 1987
MEMORANDUM
To: Bill Mills
Operations Branch
From: Dave Goodrich f/1
Wilmington Regional Office
Through: A. Preston Howard, Jr. /?
Wilmington Regional Officer
Subject: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
David E. James
Carteret County
The applicant proposes to construct a pier at his residence adjacent to Bogue
Sound, classified SA. Bogue Sound is currently open to shellfishing in this area.
The proposed project has been reviewed to determine impacts on water quality.
The following comments are provided:
1. The project will not require a 401 Certification.
2. The proposed project should not violate water quality standards.
DG:APH:bc
cc: Division of Coastal Management - Nelson G. Paul
Wilmington Regional Office
Central Files
FTP.LD TNVIESTIC;ITION REPO!;T Long 76 43 32
1,: Applicant's name David E. James
2. Location of project sit(, _Pogue Sound, 1609 Shac•kleford . Street •
Morehead it_y,"rteret County
3. Investigation type: Dredge & Pill CAriA xx
4. Investigative procedure: (A) Dates of site visit. 11/3186
(B) Was applicant present no -
5. Processing procedure: Application received 1/9/87 Office Morehead .City
6. Site description: (A) Local Land Use Plan_ Morehead City
Land classification from I.UP Developed
Developm,ent constraints identified in LUP~None identified
(B) AEC(s) involved: Ocean-flazard Estuarine shoreline
Coastal wetlands Public trust waters x
Estuarine waters x Other
(C) dater dependent: Yes x No Other
(D) Intended use: Public Private Commercial
(E) Type of waste water treatment: • Existing- Town system
Planned None
(E) Type of structures: Existing Residence
Planned None
(G) Estinated annual rate of erosion n /a Source
n/a
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged • Filled Other
• q
8.
(B) Non-vegetated wetlands:
(C) Other:
Public Trust: Area 2625 SE
(Pier coveraa )
(D) / Total area disturbed: _ ?-
Project sumtnnry_Apnlicant proposes a private pier at 1E. _ShackleLQrd $# ??t+
Morehead City,_Carteret bounty
9.
10.
I
r
r
i
Narrative description
Applicant's property is a residential lot approximately 1/8
acre in size located adjacent to Bogue Sound at 1609
.Shackleford Street in-the town of Morehead City in Carteret
'County. The lot is characterized by 3-4' elevation and
is presently occupied by a residential structure. Soils
are sandy and the vegetation is domestic yard species.
Recently the applicant applied for a CAPITA minor development
permit with the Town of Morehead City to move this
residence approximately 25' towards the water. This permit
request was met with an unusual amount of resistance from
the local community who insisted that such an activity would
cause various negative environmental impacts. This office
found that those objections were unfounded, and subsequently
requested that Bill Uebele issue the permit over these
objections.
As part of the permit, the applicant was proposing to
construct a pier that met the Coastal Resources Commission
exemption requirements, but which was included as part of
that permit application. Because Mr. James was unable to
get the written statements from the adjacent riparian
property owners certifying that they had no objections to
this pier, this pier is not being handled as-his major
permit request. The pier will be 180' in total length and
125' below the mean high water level. The water depth at
the end of the pier will be.approximately 2h feet and a deck-
on the deck will be 201'square. Anticipated impacts o
Construction of this pier as proposed will involve some
short term, minor turbidity in the sinking of the pier
pilings. Some minor adverse impacts could be expected to
local navagational interests. Adjacent waters are classified
as SA by the Division of Environmental Management and
are currently open to shell fishing.
Submitted by: Nelson G. Paul Date: January 16, 1987
PERMIT TO EXCAVATE AND/Olt FILL rI? 'WAWR
r WA f QUALITY CtfLT1f I(,?TIUN
EASEMENT !N LANDS COMED BY WATCR LAMA PERMIT f Olt MAJOR DUCLOPMENT
0' a m rit or rtdminlstration Slite of North Cirulin.t Department of the Arrny
JGS 146-12) Department of Nitur.d Resources and community Development Corps of EnKinccrs, N•dnuneton Witric
l (GS 113-229,143-21 SJ(j)(I), 143.215.3(c), 113A•t18 (33 crR :149.310.32'))
i
Please type or print and fill in all blinks. If information is not applicable, so indicate by placin
7"
-•-;?
1. Applicant Information
A. Name JAMES DAVID '
Last First Middle _----
B, Address P. 0. Box 119 '
Street, P. O, 1' lox or Route
Wilson. North Carolina 28557 [phone]
• ' City or J'own State Zip Code Phone
11, location of Proposed Project:
A. CountyCartprPt
' B. 1. City, town, community or landmark- Morehead City
2. Is proposed work within city limits? Yes X No
C. Crock, river, sound or bay upon which project is located or nearest nam
Boaue Sound ed body of water to projcct

Ill. Description of Project ' • ^?
A. 1. htaintenance of existing project 2. New work* Dock Construction
Q, Purposc of excav,aiun or fill None .
1_ Access channel h ngih ' width depth
. 2. Buat basin length width depth
Fill area length width depth
4. Other Icnj;th Vdih depth

C. I. Bulkhead length None Average distance watel-W"Ard of 11111W _
(shoreline;
2. Type of bulkhead construction (material)
U. Excavated matcrial (total for project)
1. Cubic yards None 2. Type of material
E. Fill material to be placed below h11 11V (sce also V1. A)
1. Cubic yards _ None 2. Type of materiel
•IY, Land Type, Disposal Area, and Cori struction Equipment:
A; Does. the area tc. be exca+•,tted include any marshland, swamps or other wetland? Yes No X
Q, Dues the dislun,rl arse include .,ny marshland, swamps or other wetland? Ycs No N/A -
C. Disposal Arc.t
1. Location ` None
2, Do you clAm title to disi+osal area?
• D. ('ill t•.tatcri.lI %ource if Lill is to lie trucked in _ None
L, ,I low will c\i.iv.ttrd nt,Ucrial be enItappea end crusion cuntrollcd? Not n nnl i.C.a.bl.e-_
V-1
lie (it crluil+n milt to lit"tr a- Not appl i cabl e -
CI .1Vill nt.nsht.ut.t be cru.?ed in tr• mportin, erluipxnent to project site? If yes, expl.tin No
Ill/71i
2. Commerci.rl
3.' Housing Development or-Industri.rl '
a. Other r'
50' x- 114
8. 1. Lot site(s)
2. Elevation of lot(s) above mein high water Approx. A' '
• 3. Soil type and tex turc _ Sa nd y '
A. Type of building facilities or structures Residence
I
I S. Sewage disposal and/or waste water treatment A.. Existing Ci tV sewer Planned
f B. Describe
6. *Land .Classification(circle one) DEVELOPED7-• TRANSITIONAL COMMUNITY RURAL
i CONSEfiVAT- N Ol'HL"R (Sec CAh1A Local Lard Use Ilan Syria
VI. Pertaining to Fill and Water Quality:
,
A. Does the proposed project involve the placement of fill materials below mean high water? Ycs No X
S. I. 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 discharE.
3. Location of discharge
VII. Present rate of shoreline erosion (if known): Unknown
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicabl:: None known
_
IX. Length of time required to complete-project-. Approximately 30 days
X. In addition to the completed application form, tl)e 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 decd or other instrument under which the owner claims title plus written
permission from the owner to carry out the project ort 11is land. '
I3; Attach an accurate work plat drawn to scale on S%: X'11" white paper (sec instruction booklet for
' details). Note: Original drawings preferred - only high quality copies accepted.
Cr A copy of the application and plat must be served upon adjacent-riparian Iandovm<•rs by retiistvred or
certified mail or by publication (G.S. 113.229 (d))Enrer date served January 8 1987
D. List names and complete addresses of the riparian landowners with property adjoining applicznt's.
• , Such owners have 30 days in which to submit comments to agencies listed below.
Frederick Dale, P:0. Box 1316 Kinston M. C. 28501
W. L. Hand, 282Q Reuse Boulevard, New Bern, N.C. 28560
Xi. Certification requirement: 1 certify apse to the best of my knowicdLC, the proposed activity complies
with the State of North Carolina's approved coastal managen)ent program and will he conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the devrlopr;,ent desc;ril,ec; in this al1pli•
6atl0111 and plat. Applicants should the(efune describe in the application anal pl.,t all anticipated dcvcl•
!I opmcnt activities, includiralt consuuctiun. CXcavatio(1; filling;, goad land Oval'
ny,.
)ATE ,Jantlar 8, 1987 • . .
' t • tt Applic nt's SI •n.rturc
• t Bruce 'L. F1ye, Jr., A.I.A. (Agent)
Rev, 1(1178 SIM. I2l:Vl:lttif' S)11t: 1'012 A1A11_iN6 INSunu(.,ru)Ne'
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PROPOSED AoGK
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MOREWEAD GITY, oc
owant: P,&Vv E. 4 DI&U & _I wc-6
A WITPAT: WILL16 4 r44rUT6
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04ITE4Y ' VALUS ARG4ITEGT6
WRNLrh,p CITY
SEcTIOIJ L?KI I?oQ- y4a ; ,?.o?
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I
FIi;LD 7NVEST1('AT10N REP011T Long 76 43 32
1.plicant's name David E. James
Location of project site _
Bo ue Sound, 1609 Shackleford.Street•
MQrehead _C?L"vim Car_t_e_r_QjL County
3. Investigation type: Dredge .& rill CAMA XX
4. Investigative procedure: (A) Dates of site visit 11/3/86
_
(B) Was applicant present no
5. Processing procedure: Application received 1/9/87 - Office Morehead City
6. Site description: (A) Local Land Use Plan_ Morehead City
Land classification from LUP Developed
- Development constra.irits identified in LUP None identified
(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 Privates Cominerci_al
(E) Type of wastewater treatment: • Existing Town system
Planned None
(E) Tyne of structLVres : , Existing Residence
Planned Nonce
(G) Estimated annual rate of erosion ____n a Source n /a
7. Habitat description: AREA _
(A) Vegetated wetlands: Dredged Filled Other,
(B) Non-vegetated wetlands:

(C) Other:'
Public Trust Area 262'
(Pier coverage)
(D)j Total area disturbed:
8. Proacct scummzry Applicant proposes a privatei?ier at 1609. Shackl.eforr?tet,_
Morehead City' Carteret C urrt ._
i
s

9.
10.
Narrative description
,Applicant's property is a residential lot approximately 1/8
acre in size located adjacent to Bogiie Sound at 1609
.Shackleford Street in the town of Morehead City in Carteret
County. The lot is characterized by 3-4' elevation and
is presently occupied by a residential structure. Soils
are sandy and the vegetation is domestic yard species.
Recently the applicant applied for a CA24A minor development
permit with the Town of Morehead City to move this
residence approximately 25' towards the water. This permit
request was met with an unusual amount of resistance from
the local community who insisted that such an activity would
cause various negative environmental impacts. This office
found that those objections were unfounded, and subsequently
requested that Bill Uebele issue the permit over these
objections.
As part of the permit, the applicant was proposing to
construct a pier that met the Coastal Resources Commission
exemption requirements, but which was included as part of
that permit application. Because Mr. James was unable to
get the written statements from the adjacent riparian
property owners certifying that they had no objections to
this pier, this pier is not being handled as-his major
permit request. The pier will be 180' in total length and
125' below the mean high water level. The water depth at
the end of the pier will be.approximately 212 feet and a deck
on the deck will be 201'square.
Anticipated impacts
Construction of this pier as proposed will involve some
short term, minor turbidity in the sinking of the pier
pilings. Some minor adverse impacts could be expected to
local navagational interests. Adjacent waters are classified
as SA by the Division of Environmental Management and
are currently open to shell fishing.
Submitted by: Nelson G. Paul Date: January 16, 1987
' :. ?, ...
?'• PERMIT TO EXCAVATC AND/Olt FILL r'? • WATER QUALITY CCRWIC;ATION
! ti EASEMENT IN LANDS COVCRCD BY WATCR?C CAA1A PERMIT fOtt MAJOR DEVELOPMENT
Jt:
Depirimcnt or Adminlstrltion State of North Clrolina Department of the Army
(GS 11.16.12) Department of N1tur.d Rrsourccs and Community Development Corps of Inginecrs, 11•ilnnnrton Uistrie
(GS 113'229,1-13.215.3(1)(1). 143.215.3(c), 113A•1.13 (33crK 2U9.320.327)
r?PP -? -
Please type or print anti fill in all blanks. If information is not applicable, so indicate by placin (?lIriank`.
1. Applicant Information
_ A. Name JAMES DAVID -------------------
Last First Middle
8. Address P. 0. Box 119
Street, P. O. Sox or Route
Wilson North Carolina 28557 [phone]
City or I-own State Zip Code Phone
If. Location of Proposed Project:
A. County- _ Carteret
B, 1. City, town, community or landmark Morehead 'City
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
Bnaue Sound
Ill. Description of Project
A. 1, Maintenance of existing project 2. New work Dock Constructi on
t . B. Purpose of excav,:tion or fill None
1. Access channel Iengli ' -width depth
2: Boat basin length width depth
3. Fill area length -width depth
4, Other IcnFlh Vidth depth
C, 1. Bulkhead length None Average distance water%6rd of A1t-IW (shoreline)
2. Type of bullhead construction (material)
D. Excavated material (tot.il for project)
1. Cubic yards None 2. Type of material
E. Fill material to be placed below Ail RV (sec also V1. A)
1. Cubic yards _ Plnne 2. Type of material
(V, Land Type, Disposal Area, and Constructive Equipment: ,
A,' Uires the area iu he excavated include any ntarshl:,ntl, swamp, or office wetl.tnd? Yes No x
B. Dues tic dispo-,ll area include any marshland, swamps or other wetland? Yes No NSA
C. Disposal Are.t'
1. Location ' None
Do you claim title to.disposal area?
1). Fill material %ollice if fill is to be mocked in ` None ??
(:ftl low will c?tav.ucd m,nerial he entt.,pped .tnd erosion contrullvd? Not applicable
f r (?spe of c'ItI4,e,errl 11) he tr.e,1? Not applicable
(1:..1Vill ntarshlarnl br trr„%ed in trampurtie? etluiprrtent to project site? If yes, explain No
tr•ul •
• ••. I nvJlc i ate DOatl n tact 1 rt
v?
ColnmerciJl
YA 3.- Housing Development or'lndustrij '
4. Other r
f .t
6. 1. Lot site(s) 5.0' x. 114' •
2. Elevation of lot(s) above mein high water Approx. 4 ,
3. Soil type and texturc_ Sandy
4. Type of building facilities or structures Residence
i S. Sewage disposal and/or waste water treatment n.. Existing- Citv Sealer Planned
------------
I B. Describe
6. 'Land.Classification (circle one) - DEVE LOPED- TRANSITIONAL CO.t. '
MIUNIT) RURAL
i CONSERVATION OTHER (Sec CAh1A Local Lard Use Plan Syri;:
VI. Pertaining to Fill and Witcr Quality:
A. Does fire proposed prpjcct involve the placement of fill materials bclo%v mean high water? Yes No X
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
VII. Present rate of shoreline erosion (if know?t): Unknown
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 known
_
IX. Length of time. required to complete•'projecc• Approximately 30 days
X. In addition to the completed application form, the following items must be provided:
i A. Attach a copy of the decd (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 oR his land.
13; Attach an accurate wort: plat drawn to scale on M X•'71" white paper (sec instruction booklet for
' details). Note: Origirtal 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))Enrcr date served lanuarv 8 1987
D. List names and complete addresses of the riparian landowners with property adjoining ipplic;:nt's.
• Such owners have 30 days in which to submit comments to agencies listt:d below.
Frederick Dale, P:0. Box 1316 Kinston, 'M C. 28501
W. L. Hand, 282Q N.euse Boulevard, New Bern, N.G. 28560
Xr. Certifieition requirement: 1 certify that to lire best of my knowledge, the proposed activity complies
%ti'ith the State of North Carolina's approval coastal management program and will he conducted in a
manner consistent w''ith such program.
Xii• Any permit issued pursuant tO this application will allow only the development describe( in this appli-
t.ttinn and plat. Aolicants should therefoic describe in the applicatiurt ant! plJt all anliCipatcd dl•veI-
11 opment activities, including construction, excavation, filling, and land clearing.
I ? .
)ATE January - 8, 1987
Al>pliL nl'?SI n.aturc
"• t 1 Bruce 'L. Frye, Jr.,
.. r - ? A.I (Agent)
Rev. I(1„t; sir i;1:vI:I;SC slr)l: ['011, nlnl(.INC, INSrl;lu:ri-ONs
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