19870280 Ver 1_COMPLETE FILE_19870706

. i -i
DIVISION OF ENVIRONMENTAL MANAGEMENT
..WATER QUALITY SECTION
Comments concerning an application,.for State Federa CAMA Pet(s) from
?'-) ?41
0(' 0Y
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
projec 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-
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
?
e
,
rtified.:
The proposed project is c
'
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, 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 15,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construct ion.
areas.

WATER QUALITY SECTION
DIVIS ION OF ENVIRONMENTAL MANAGEMENT

DIVISION OF ENVIRONMENTAL MANAGEMENT
RE CE ILO ED
MEMORANDUM
DATE : June 26, 1987 J U (_ 0 21987
TO: Bill Mills WATtK QUALITY SECTION
Operations Branch 0PERAT1'Ory( gonna,,.
FROM: David H. Cotton AdQ
Wilmington Regional Office

THROUGH: A. Preston Howard, Jr.
Wilmington Regional Off icer,
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Malcolm M. Sabiston
Carteret County
The applicant is proposing to place rip-rap along an existing
bulkhead. The rip-rap will extend 240 feet along the bulkhead
and no more than 5 feet waterward of the bulkhead. The project
is located adjacent to Core Creek Canal, classified SA and
periodically open to shellfishing.
The project has been reviewed to determine impacts to water
quality. The following comments are offered. The project
requires a 401 Water Quality Certification and should meet the
requirements for a General 401 Certification for the placement
off rip-rap.
This office has no objections to the project.
DHC:kc
cc: DCM - Nelson Paul
CF, WiRO
OFFICE OF COASTAL MANAGEMENT Lat: 34 49 09
FIELD INVESTIGATION REPORT Long: 76 41 24
1. Applicant's Name Malcolm & Anne Sabiston
2. Location of project site Core Creek canal, off SR 1161,
Carteret County Photo ref.: 41-1411-19-0
3. Investigation type: Dredge & Fill x CAMA x
4. Investigative procedure:
(A) Dates of site visit 3/31/87
(B) Was applicant present yes
5. Processing procedure: Application received 4/30/87
Office Morehead City
6. Site description: (A) Local Land Use Plan Carteret
Land classification from LUP rural/residential
Development constraints identified in LUP none
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline x
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 septic tank
Planned none
(F) Type of structures: Existing residence
Planned none
(G) Estimated annual rate of erosion'none Source bulkheaded
7. Habitat description:
AREA
(A) Vegetated Wetlands Dredged Filled Other
(B) Non-vegetated wetlands:
sub-tidal shallow
water habitat
(C) Other:
highground disturbance
1200 SF
3750 SF
j (D) Total area disturbed: 4950 SF
r
8. Project summary applicant proposes a rock revetment for
protection of an existing bulkhead. Property is located on the
Core Creek Canal, off SR 1161 in Carteret County

9. Anticipated Impacts
Applicant's property is a one acre tract located adjacent to the
Core Creek Canal off SR 1161 in Carteret County. The property is
reached by taking SR 1161 by going south on highway 101 just
south of the Core Creek bridge. The property is the first dirt
lane to the right all the way to the water.
The property is characterized by 3-4' elevations and is
maintained as a yard. The applicant's residence is on the site
along with a small garage out building. Vegetation on the lot is
primarily pine with scattered oak. Soil composition is
predominantly sandy.
The shoreline of the property is bulkheaded with a wooden
structure which appears to be in poor condition. North and south
are large stands of coastal wetlands dominated by smooth
cordgrass. No marsh exists waterward of the applicant's
property.
The applicant is proposing to construct a. rock revetment
immediately waterward of the existing bulkhead in order to
provide toe protection and also to shore up the existing
structure. This rock is proposed to extend no further than 5'
waterward into the waters of the inland waterway.
10. Anticipated Impacts
Conducting this project as proposed will involve the filling of
approximately 1200 sq. ft. of sub-tidal shallow water habitat
with rock material and another 3750 of highground is expected to
be disturbed in the staging and pre-construction activities. The
Core Creek Canal in this area is classified as SA according to
the Division of Environmental Management and is periodically open
to shellfishing by the Division of Health Services.
Nelson G. Paul
May 15, 1987

? r
f ERMIT TO EXCAVATE A`.DrOR FILL .'",T)-R OUALiTY CtRTif (CATION
EASEMENT IN LANDS COVERED BY WATER ?CA?A PCRMIT FOP, MAJOR DEVELOPMENT
Department of Administration State of North Carollna Oepartment of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Enxinecrs• Wilmington Djurict
(GS 113.229, 143.215.3(a)(1). 143.215.3(c). 113A•119 (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 blink.
L Applicant Information _
A. Name
Last First Middle . '
• B. Address • ,? 7-
Street. P. O. Box or Route
City or Town State Zip Code Phone
It. Location of Proposed Project:
A. Count _ z• (-- / 7 - trl r' t
8. 1. City, town, community or landrnark '
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
s:
111. Description of Project
A. 1. Maintenence of existing project l? 2. New work
S. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth _
4. Other lerigth width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline) t
.
. 2. Typc of bulkhead construction (material)
D. Excavated material (total for proiect)
1'. Cubic yards 2. Type of material
E. Fill material to be placed below X1H%V (sec also VI. A) [
1. Cubic yards 2. Type of material T
IV. Land Type. Disposal Area, and Constrtrction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No
0. Does the disp:i of arcs include any marshland, swamps or other wetland? Ycs No
C. Disposal Area ,
1. Location
2• Do you claim title to disposal area?
D:. Fill material source if till is to be truckcd in
?
Flaw will e\eav.lled mdteriA he entr.tpped and erosion controlled? Al
l:. 1 ype of equipment to he u%cd K)7-
Cj..Will marlhland be crussrd in transporting equipment to project site? If yes, explain .?c
1t?
rat ..
tt, .
i

CommcrciA
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) -71
2. flevation of lot(s) above mean high water
3. Soil type and texture
4, Type of building facilities or structures ?' : t i[.'??'/i .r_!',n??' T%%? /? %?Y?? .?? >>?'^ r, -y
5. Sewage disposal and/or waste water treatment A. Existing 7 Planned
B. Describe
6. 'Land Classifieation'(eircle one) -DEVELOPED TRANSITIONAL COMMUNITY 'RURAL
CONSERVATION OTHER (See CAN1A Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project invoice the placement of fill materials below mean high water? Yes 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 compltition? Yes-No
2. Type of discharge i
3. Location of discharge
VI1. Present rate of shoreline erosion (if known);
'111. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State mits (r
work in project area, if applicable;
IX- Length of time required to complete project'
f,-
X In addition to the completed application form, the following items must be provided `r? ?L }
A, Attach a co
py of the deed (with State application only) or other instrument under which applkarA --------
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 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
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. f 1 r '
-I F 177-
I. 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.
1. 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•
oprnent activities, inJuding construction, excavation, filling;, and land clearing.
i
• t 7Cpplicant's Signature
I err nrvrr.r•r,
?.' -•--. ---- ----

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GI.?- sar)l? i? a

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OFFICE OF COASTAL MANAGEMENT Lat: 34 49 09.
ARA FIELD INVESTIGATION REPORT Long: 76 41 24
1. Applicant's Name Malcolm & Anne Sabiston
2. Location of project site Core Creek canal, off SR 1161,
Carteret County Photo ref.: 41-1411-19-0
3.
4.
Investigation type: Dredge & Fill_
Investigative procedure:
(A) Dates of site visit 3/31/87
(B) Was applicant present yes
CAMAx
5. Processing procedure: Application received 4/30/87
Office Morehead City.
6. Site description: (A) Locai Land Use Plan Carteret
Land classification from LUP rural/residential
Development constraints identified in LUP none
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline x
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 septic tank
Planned none
(F) Type of structures: Existing residence
Planned none
(G) Estimated annual rate of erosion'none Source bulkheaded
7. Habitat description:
(A) Vegetated Wetlands
(B) Non-vegetated wetlands:
sub-tidal shallow
water habitat
(C) Other:
highground disturbance
AREA
Dredged Filled Other
1200 SF
3750 SF
4950 SF
(D) Total area disturbed:
r
8. Project summary applicant proposes a rock revetment for
protection of an existing bulkhead. Property is located on the
Core Creek Canal. off SR 1161 in Carteret Countv
x

wy I
9. Anticipated Impacts
Applicant's property is a one acre tract located adjacent to the
Core.Creek Canal off SR 1161 in Carteret County. The property is
reached by taking SR 1161 by going south on highway 101 just
south of the Core Creek bridge. The property is the first dirt
lane to the right all the way to the water. .
The property is characterized by 3-4' elevations and is
maintained as a yard. The applicant's residence is on the site
along with a small garage out building. Vegetation on the lot is
primarily pine with scattered oak. Soil composition is
predominantly sandy.
The shoreline of the property is bulkheaded with a wooden
structure which appears to be in poor condition. North and south
are large stands of coastal wetlands dominated by smooth
cordgrass. No marsh exists waterward of the applicant's
property.
The applicant is proposing to construct a.rock revetment
immediately waterward of the existing bulkhead in order to
provide toe protection and also to shore up the existing
structure. This rock is proposed to extend no further than 5'
waterward into the waters of the inland waterway.
10. Anticipated Impacts
Conducting this project as proposed will involve the filling of
approximately 1200 sq. ft. of sub-tidal shallow water habitat
with rock material and another 3750 of highground is expected to
be disturbed in the staging and pre-construction activities. The
Core Creek Canal in this area is classified as SA according to
the Division of Environmental Management and is periodically open
to shellfishing by the Division of Health Services.
Nelson G. Paul
May 15, 1987
i
i
t
r, ('E,fthllT TO EXCAVATE AtiD/OR FILL R OlIALiTY CCKTIf ICATIUN
?( a
EASENIENT IN LANDS COVERED BY WATER 1 uCAMA PERMIT FOKMAJUR DEVELOPMENT
!epartment of Admin;stration State of North Carolina Department of the Army
+S I?ti•12) Department of Natural Resources and Community Development Corps R E0920-, 1t'ilmmRton D?striet
(GS 113-229,'143-215.3(a)(1), 143.215.3(c), 113A•118 (33 CF 209.320.32°j
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
L Applicant Information _ /A
. A. ;,???;/_5.•; y>>,? j1'")ter ? :"?^/? y) ?'
Name
Last First Middle .
B. Address • ?•??7-- ? /-'r':? /;r'7 .
Street. P. 0. Box or Route
City or Town State Zip Code Phone
It, Location of Proposed Project:
s
A. Count
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes No 1
C. Creek river, sound or bay upon which rojeci is located or nearest named body of water ao'project Il - --
r?)",772 C'?
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work
S. Purpose of excavation or fill
1. Access channel length width depth -
2. Boat basin length width • depth
3. Fill are; <J??'??'?'s'1 long+.h width depth -
4. Other length width dcpth -
C. 1. Bulkhead length Average distance wate'rward of MHW (shoreline)
.2. Type of bulkhead construction (material) 07.'C' -!1910 D. Excavated material (total forgroject)
1. Cubic yards' ' 2. Type of material r
E. Fill material to be placed below MHW (see also V1. A)
1. Cubic yards ?- 2. Type of material ,'-67.
.IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area tube excavated include any marshland, swamps or other wetland? Yes No
D. Does the disp,,+al area include any marshland, swamps or other wetland? Ycs No
C• Disposal Area
1. Location
2• Do you claim title to disposal area?
D:, hill material source if fill is to be trucked in
E; tiow will excavated material be entrapped and erosion controlled? f,-a
•t
j•hc of equipment lu he u+cJ ?%• _ -
C1, Will m.whland be crossed in tramporting equipment to project site? If yes, explain ?C." -•
fit .
r•tl 1
IArl11

A 1. Private
Commercial
3. Housing Development or Indu%triA
4. Other
B. 1. Lot site(s) /•' `'
?. Elevation of lot(s) above mean.high water .71
3. Soil type and texture
4. Type of building facilities or structures %),i ?ti
5. Sewage disposal and/or waste water treatment A. Existing Planned
8. Describe
6. 'Land Classification'(eirete one) -4DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed projecrim'olsr the placement of fill materials below mean high water? Yes 'L 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
3. Location of discharge
!ll. Present rate of shoreline erosion (if kn.own):ti
Ill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State rptrn ?
1 { 1?
work in project area, if applicable: . e?
!X. Length of time required to complete project:
X in addition to the completed application form, the following items must be provided: , (???G
A. Attach a copy of the deed (with State application only) or other instrument under which appl a _ ----•- --- "
claims title to the affected property. OR if applicant is not claiming to be the owner of said property, ?-----------------
claims
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.
G 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
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.

1. 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.
1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation rind plat. Applicants should therefore describe in'the application and plat all anticipated devel-
opment-activities, inJuding construction, excavation, filling, and land clearing.
t , t
t
2 SEE REVt'F.SC S!Dr- !'OR h11-JI-I` G INST!"JCTIONS
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 4, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: Nationwide Permit No. 13
Mr. Malcolm Sabiston
Rouute 1, Box 610
Beaufort, North Carolina 28516
Dear Mr. Sabiston:
Reference your application of April 29, 1987, for a Department
of the Army permit to place approximately 240 linear feet of
riprap in front of your deteriorating bulkhead on Core Creek at
your property located 1/2 mile south of the Highway 101 Bridge on
the east bank of the Atlantic Intracoastal Waterway, Core Creek,
Carteret County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for bank
stabilization activities provided:
(1) The activity is less than 500 feet in length.
(2) The activity is necessary to prevent erosion.
(3) The activity is limited to less than an average of one
cubic yard of material per running foot placed along the bank
within waters of the United States.
(4) No material is placed in excess of the minimum needed
for erosion protection.
(5) No material is placed in any wetland area.
(6) No material is placed in any location or in any manner
so as to impair surface water flow into or out of any wetland
area.

-2-
(7) Only clean material free of waste metal products,
organic materials, unsightly debris, etc., is used.
(8) The activity is a single and complete project.
For this nationwide permit to be valid, you must comply with
the following conditions:
a. Any discharge of dredged or fill material will not occur
in the proximity of a public water supply.
b. Any discharge of dredged or fill material will not occur
in areas of concentrated shellfish production unless the discharge
is directly related to a shellfish harvesting activity authorized
by nationwide permit, 33 CFR 330.5(a)(4).
c. The activity will not jeopardize a threatened or
endangered species as identified under the Endangered Species Act,
or destroy or adversely modify the cultural habitat of such
species.
d. The activity will not significantly disrupt the movement
of those species of aquatic life indigenous to the waterbody
(unless the primary purpose of the fill is to impound water).
e. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
f. Any structure or fill will be properly maintained.
g. The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict or impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters (unless the primary purpose of the fill is to impound
water).

-3-
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
mats.
(6) Heavy equipment working in wetlands will be placed on
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact Mr. David Baker,
Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
J 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. Nelson Paul
Office of Coastal Management
North Carolina Department of
Natural Reosurces and
Community Development
108 South Water Street
Elizabeth City, North Carolina 27909
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687