19880381 Ver 1_COMPLETE FILE_19880101

11 t
s- 0
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comments conce ing an applicatioonn for State Federal CAMA Permit(s) from
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
his office has no objection to the issuance of the permit(s) for the proposed
roject 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
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 construct ion.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT

.a "
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE : /0// ?/W
TO: Bill Mills
Operations Branch

FROM: James H. Gregson J? , '1
Wilmington Re na1 Office
THROUGH: Donald Safrit
i
l Offi
i
t
R
il r2
ona
ce
ng
on
eg
W
m
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill,.
,JA414-) 4)d
//
PROJECT DESCRIPTION: 7,ze a7'r9'" ?on%( 7aJio?
. ? C- ad X T
ADJACENT WATER BODY:
?? o'?t QCDn ?c,?e?/J
CLASSIFICATION: 5,4
Status : 0 f0el'
The project has been reviewed to determine impacts to water
quality. The appropriate comments below have been checked:
(?) The project will/ ill no require a 401 Water Quality
Certification.
( ) The project complies with the General 401 Water Quality
Certification # for
(x) The proposed project should be done in such a way as to
not cause the turbidity outside the immediate
construction area to exceed .25- NTU.
This office has no objection to the project as proposed.
JHG:mb
cc: DCM - AdOe
CF, WiRO
DIVISION OF COASTAL MANAGEMENT Lat:34132'06"
FIELD INVESTIGATION REPORT Long:77°23118"
FAST TRACT
1. APPLICANT'S NAME James David Wagoner
2. LOCATION OF PROJECT SITE off SR 1520, Sneads Ferry, Onslow County;
*SEE 1978 PHOTO INDEX 12-22-78, 3T
3. INVESTIGATION TYPE: DREDGE & FILL CAMA X (ONLY)
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 9-28-88
(B) WAS APPLICANT PRESENT NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED August 22, 1988
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Onslow County 1986
LAND CLASSIFICATION FROM LUP Transition
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP` NONE
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC
PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING NONE
PLANNED septic tanks
(F)
TYPE OF STRUCTURES:
PLANNED house
personal
(G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE observation
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
subtidal bottom
(B) NON-VEGETATED WETLANDS:
subtidal bottom
(C) OTHER:
NONE
AREA
DREDGED FILLED OTHER
(footprint)
40 sq. ft.
(footprint)
160 sq.ft.
(footprint 'T')
160 sq.ft.
(D) TOTAL AREA DISTURBED: 360 SQ. FT.
NONE
EXISTING
8. PROJECT SUMMARY: The applicant proposes to construct a pier for
private use measuring 50' long x 4' wide with a 20' long x 8' w
'T' terminating in 3.0' of water at 'T' end.
t1 7
FIELD INVESTIGATION REPORT - JAMES DAVID WAGONER
PAGE #2
9. NARRATIVE DESCRIPTION: Mr. Wagoner's lot is located off of
NCSR 1520 and adjacent to Fuller and Biglin Creeks, near the
community of Sneads Ferry, Onslow County. State Road 1520
goes into a dirt road; turn right on first dirt road,
approximately .01 of a mile from where the pavement ends;
turn on the first dirt road to the left, approximately .01
of a mile from the last intersection (this road is in a
mobile home park; go down this road and straight at the
first 'Y', and left at the second 'Y'; go almost to the end,
just before the brick house, turn right into the woods
following the powerline easement to the water. The
powerline easement is the right hand property boundary line
facing the water.
The applicant proposes to construct a 50' long x 4' wide
pier with a 20' long x 8' wide 'T' on the end. The
estimated water depth at the end of the 'T' is approximately
-3.0' MLW.
The proposed pier is to be located over a leased oyster
bottom. Mr. Sperby Piner, who now controls this oyster
lease, and is an adjacent property owner, has objected to
the construction of this pier.
10. ANTICIPATED IMPACTS: Only short-term, minor bottom
disturbance is expected from the installation of the 50'
long pier. The orientation of the proposed pier is
appropriate and respects the 15' wide sideline setback
requirements for each of the adjacent land owners. There
are no other piers in the immediate area.
---------------
PREPARED BY: CHARLES O. PIGOTT
DATE: OCTOBER 7, 1988

APR 0 7 1988
Please type or print. Carefull 2oll 2Q_ d. Describe the planned use of the project.
ticipated development activi , i u ' st c- ?.'e v ?o+ dam/L'?y B? boa-?-
tion, excavation, filling, paving,' iit ttnrmg; ffdd•"""
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
:4 LAND AND WATER -",1 ;
all projects. = ,
r at ? CHARACTERISTICS

1 APPLICANT = a. Size of entire tract _L64 0 / 7 5y. 7L ?
a. Name Mpi-ie s 0a. v; A W CA- y o n e ?- b.
c Size of individual lot(s) N
Elevation of tract above mean sea level or Na-
Address 4/0 r1 Wei -l- &4 . tional Geodetic Vertical Datum P14 F??r/•?? zone B
S,euj! P-C'- State V, G
City '
d.
Soil type(s) and to ture(s) of tract
?9/y) ?FSS- f=G G o
Zip 2 EY 6 0 Day phone L
_ Landowner or Authorized agent e. Vegetation on tract P% -Ie ? o,/°J
b. Project name (if any N d NE
f. Man-made features now on tract A/O N E
c. If the applicant is not the landowner, also give
the owner's name and address.
A g What is the CAMA Land Use Plan Classifica-
_
41 I tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
2 -LOCATION OF PROPOSED =' ? Rural Other
P ° =
PROJECT h. How is the tract zoned by local government?
/
. C
/n/1
i. How are adjacent waters classified? UN kio-h
a. Street address or secondary road number
f
R l
-A
' j. Has a professional archaeological survey been
o
NC S
S
F-n- e4 o
2 2 oo carried out for the tract? Al 0
b. City, town, community, ror landmark by whom? //4
If so
S Purr) SOuv+ ,
c. County h S o ?J

d. Is proposed work within city limits or planning
5 UPLAND DEVELOPMENT
jurisdiction? /V O
e. Name of body of water nearest project, Complete this section if the project includes any
u //ww. Ds C?-? e k upland development.
a. Type and number of buildings, facilities, r
;
DESCRIPTION AND PLANNED
structures proposed
.
USE OF„PROPOSED ,PROJECT':' a r
b. Number lots or p eels
a. Describe all.development activities you propose c. Density ve then tuber o resi ntial u its
(for example, building a home, motel, marina, and the n is per are.)
bulkh ad, or pier).
d. Size of rea o be ?aded o dist
e. If t
ropos d p oj
ill d' rb more an
one e of 1 d this
f Land
If you plan to build a marina, also complete Res es mu t cen n and se imen-
V
and attach Form DCM-MP-2. te
tati ontrol an st ays beforeland
f
Y

b. Is the proposed activity maintenance of an ex- ubing
dis acti i b I licabl
e, h As a
aD
fisting project, new work, or both? sed tation a d erosion control plan been
Zuc L- GA/dr k sub ed to the Division of Land Resources?
c. Will the project be for community, private, or
commercial use? f. Give the percentage of the tract within 75 feet
P? ?u e of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
t
g. List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental M.ana ement?
i. Describe proposed ewage d sposa an or waste
water, treatment f cilities.
j. Hav th se faciliti s recei ed s ate or
appr val.
k. ,be ibe istinv reatm r f
_ilitiec_
1. De tribe loc tion and o i?charg to
w of the tat (for exa 1 surface runoff,
sJers
itary waste at r, i ustri 1/ ommerci 1
e uent, or "w do ").
m. ater supply sou e
n. If the project is o eanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
TE,'X7??-CARV?/A/ ATIONNAND FILLS ?-, 4
a. Describe below the purpose of proposed excava-
tion or fill activities (e eluding bulkheads,
which are covered in Stctio 7).
en11g?th Width Depth
b. Amount of material to be excavated from
below water level in cubic yards
c. Type of material
d. Does the area to be excavated include marsh-
land, swamps, or other wetlands?
e. High ground excavation, in cubic yards
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you 'm title to the disposal area.?
If not, at ac a letter nting pe issi om
the own .
i. Will a d osa area be available or re
mainten ce??
If so, wh e?
j. Does th isposa area 'nclude a y m rshlan ,
swamplla or wa er ar as?
k. Will the ill mate ial b placed Belo an
high wa
1. Amoun f fill i cub yar
c
in. Type of ' 1 materia
n. Source fill mated 1
o. Will fill aterial be pl c d n mars or other
p. Dimensi s of the we a t be filled
q. How wi 1 excavated o W1 terial be kept. on
site an erosion con ed
r. What typ of construction ?quipment will be
used (for ample, dragline, backhoe, or
hydraulic edge).
s. Will wetlands be crossed in transporting equip-
ment to the project site? If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
r
Access cAa
nel
(MLW)
7. ' SHORELINE; STABILZOT'

Boat b i
\ a. • Length of bu ead or ri ra
-
Other r b. Average dis a waterw rd
of mea igh ater

water,;
to , or normal w t r level
boat c. Shoreli
ne ro o durin precedin o hs,
rock je in feet
'
u ad ateri 1
d. Type of
Fill plat in e. Amount o f' 1, in ubi yards, t b laced
wetland below below mea igh w ter
MHW of fill aterial
Upland fill 7 1988
areas
a
4F
8 . ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Vi x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuin date .
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
`a9 .CERTIFICATION AND PERMIS=
f : SION TO ENTER ON LAND r 4
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to ;the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
A list of the names and complete addresses of the I further certify that I am authorized to grant, and
adjacent waterfront (riparian) landowners. These do in fact, grant permission to representatives of
individuals have 30 days in which to submit com- state and federal review agencies to enter on the
ments on the proposed project to the Division of aforementioned lands in connection with
Coastal Management. The applicant must advise evaluating information related to this permit ap-
the adjacent landowners of this opportunity by sen- plication and follow-up monitoring of project. .
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name /f'I. P.?h e ?- }(
Address P; -I- r 0, o,( /15, Lando or Authoriz d agent
Si e c v v >?• C•
Name /M . In . SA e G -?Ick Send the completed application materials to the
Address _ Rt / ,CS a,( 'S`7 41 Division of Coastal Management Office nearest you
S., e« 3 ,?? v ?:t-, Al, C. ;2 y n and the U.S. Army Corps of Engineers. See the
Name map on the inside front cover for the appropriate
Address DCM office and addresses and phone number.
rpon fir?
APO 6 71988
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:State of North Carolina
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL
P.O. BOX 629
RALEIGH
27602.0629
June 27, 1988
Robin W. Smith JUN 29 19gg
MEMORANDUM
TO: Preston Pate
FROM: Allen Jerniga
S

RE: Issuance of CAMA Permit to David Wagoner For Pier
Within Area of S.M. Piner Shellfish TA nc„co
G.S. 113-205 Claim of S.M. Piner Estate
Sperby M. Piner, Jr. is the current claimant of the
oyster bottom claim registered on behalf of the S.M. Piner
estate pursuant to G.S. 113-205. The deed filed in support
of the claim merely describes the. premises as "the oyster
bottom adjoining this land and extending to Biglin Creek
Point, being a portion of the Taylor garden." David Berry
has identified an oyster license issued to Richard Taylor on
April 17, 1886 for 5.75 acres in Biglin and Fulwood Creek by
the Onslow County Clerk of Superior Court under Chapter 332
of the 1883 Session Laws. (See attached memorandum dated
May 17, 1988) We are of the opinion that the area described.
in the 1886 license encompasses the submerged land waterward
of David Wagoner's property, and includes the area in which
he proposes to construct a 50 foot pier and T-head.
Even so, David Berry discovered a significant break in
the chain of title to the 1886 oyster license. The break
occurs in the 1890 conveyance from Richard Taylor to Woodman
Shepherd of 30 acres located generally upland of the claimed
oyster bottom between Fullwood and Charles Creeks. The deed
reserves a life estate including the Taylor homeplace, but
fails to mention the oyster bed in question at all. Thus
title to the bed likely was retained by Richard Taylor and
passed to his heirs at his death, instead of passing through
the chain of title to S.M. Piner, Jr. As a result, this
claim will probably be denied.

,z ._. ????€'':t'? s.A?!$!-?'r"`y'-w.,..'ti``??. _ r ? ?s,-?h ? ._f . <.? ,-i rz •4?•??•.?.•r,avr?. otre+ic?.??u';.
•' ...y.,, _ M : k'.???' ._ - , ... .a.. ..-?tsr: .. .. r. cwr-c:-?='?-.4--rP;
-2-
Effect of Shellfish License on Riparian Riqhts
Even if Mr. Piner could establish a valid chain of
title, it is our view that he has no right, by virtue of
holding a shellfish license, to block Mr. Wagoner's riparian
access. The Richard Taylor license under which Mr. Piner
claims was issued pursuant to Chapter 332 of the Session
Laws of 1883. The statute specifically states:
That nothing herein contained shall be
construed to affect the rights of any
owner or proprietor of lands in which
there may be creeks or inlets,' or which
may be adjacent to any navigable
waters... [Emphasis added]
The statutory language indicates that the. legislature did
not intend to allow shellfish license-holdes to prevent the
owners of riparian properties located adjacent to the
license area from exercising their rights of riparian
access.
. In the Taylor license, the clerk of court made a
finding that issuance of the license to Mr. Taylor would not
affect the rights of any other riparian property owner
because Mr. Taylor owned all of the upland property adjacent
to the license area. Since that time, ownership of the
license has been severed from ownership of some of the
adjacent upland property e.g. that owned by Mr. Wagoner.
Under the statutory terms of the Taylor license, Mr. Piner
has no right to prevent Mr. Wagoner from exercising his
riparian access rights - including the right (subject to
State regulation) to pier out to navigable water.
JAJ.RWS/kp
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Z
I.AC:I' I4. TI IORNBURG
A n-ORNE Y GENERAL
State of North Carolina
Department of Justice
P.O. BOX 629
RALEIGH
27602-0629
May 17, 1988
MEMORANDUM
To: J. Allen Jernigan
. Assistant.Attorney General
From: David W.Verry
Wilmington Regional Office
Re: S.M. Piner G.S. 113-205 claim
Onslow County, North Carolina
i,o.- n UKULINA
ATTO"::;-'r GENERAL'S OFFICE
1AM, 19 1988
Et+v!RONMENTAL PROTECTION SECTION
RECEIVED
Pursuant to your request, I have identified the source
instrument originally granting those oyster gardens along
Fullwood Creek and Biglins Creek, which were subsequently
claimed by S.M. Piner under G.S. 113-205: Mr. Piner's
source instrument appears to be that license issued by the
Onslow County Clerk of Superior Court to Richard Taylor,
under the provisions of Chapter 43 Code of North Carolina
for approximately 5.75 acres of submerged land. This
license is recorded in Minute Docket Proceedings Book 1 Page
54, dated April 17, 1886. A handwritten copy of this
petition for license is attached for your review.
Listed below is an abstract describing the purported
chain of title of this. tract from Richard Taylor, original
owner in 1886 to its, present day owner S.M. Piner, Jr.
Please find copies of the instruments listed herein. When
reviewing these materials, keep in mind that Fullwood Creek
and Fullard Creek are one and the same.
1. Minute Docket Proceedings Before the Clerk Book 1
Page 54, April 17, 1886. License issued to Richard Taylor
by the Onslow County Clerk of Superior Court for 5.75 acres
of submerged lands along the north side of Fullwood Creek
and on the northeast side of Beaglins (Biglins Creek).
2. Deed Book 53 Page 98, January 26, 1890. Deed from
Richard Taylor to Woodman Shepard, reserving a life estate
for he and his wife Malvina, in a 30 acre tract of land
z.?rr:c..? .( ?.s.•. ? r,Fml `nM--a ? Z, ?;y . `. ..? _ ,t. --r.. ca.z . •?
?? !•: r-: .--«Y:?-•-e. .< ^„ ?a?.t?` - :. St•.... .. .. - .. - _. ... •.;r t•_ :-c -w.. ... r.>gr.:."F".xt::.
beginning at the "mouth of a big ditch at Fullwood Creek"
and extending to the "run of the main branch of Charles
Creek."
3. Deed Book 111 Page 545, April 18, 1912. Warranty
deed from Woodman Shepard to U.G. Canaday conveying the
identical property described in Deed Book 53 Page 98.
4. Will Book 5 Page 271, probated July 20, 1916. U.G.
Canaday devised to his grandson, George B. Canaday, the
tract of land "known as the Richard Taylor land and all the
oyster gardens belonging to said land." (See Item Thirteen)
5. Deed Book 205 Page 304, May 7, 1945. Warranty deed
from George B. Canaday and wife, Althea 0. Canaday to R.M.
Piner and wife, Eva Mae Piner, S.M. Piner and wife, Vernelle
Piner, and M.M. Shepard and wife, Louise Shepard conveying a
55 acre tract along Fullwood Creek to Biglin's Creek Point
and also that oyster bottom in front of said property known
as the Taylor oyster garden. This is the same property
"granted" to George B. Canaday by U.G. Canaday, but does not
include any other property "granted" unto George B. Canaday
in the will of U.G. Canaday.
6. Deed Book 248 Page 84, November 18, 1952. Warranty
deed from R.M. Piner, et ux and M.M. Shepard, et ux to S.M.
Piner, et ux conveying an 18 acre tract along Fullwood
Creek, as well as the oyster bottom adjoining this land and
extending to BiglinIs Creek Point, same being a part of the
Taylor oyster garden.
7. Death Certificate of S.M. Piner, Volume 1969 Page
247. S.M. Piner died on January 5, 1969, survived by his
spouse Vernelle Piner. No other documents found regarding
the disposition of his estate.
8. 81 E 197 Estate of Vernelle Piner. Vernelle Piner
died March 5, 1981. A letter from the Onslow County Clerk
of Superior Court to First Citizens.Bank dated August 10,
1981, states that it was not necessary to appoint Sperby M.
Piner, Jr. Administrator of her estate, due to the fact that
her assets totalled only $136.76. (See G.S. 28A - 25.6)
Please find also further materials regarding the
objections raised by S.M. Piner, Jr. to the proposed pier to
be built by James David Wagoner. I have plotted the source
instrument on an onion skin paper so that, you may
superimpose this description upon the most recent Onslow
County tax map of this area. By my estimation, it appears
that the source instrument identified herein does include
i
the submerged land at the proposed pier site. Please
analyze this plot carefully and come to your own conclusion.
I am also enclosing two of the three deeds in Wagoner's
chain of title showing how the property was split from the
S.M. Piner lands. These materials, plus the survey
forthcoming from Mr. Wagoner, should provide you with
sufficient evidence to determine whether or not the proposed
pier project will pass through submerged lands potentially
held in private ownership.
Please feel free to contact me at [phone] if you
have any questions or require further assistance in this
matter.