20060330 Ver 1_COMPLETE FILE_20060228

DEPARTMENT OF THE ARMY ZC' 0 G G 3 6
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 31, 2006
Regulatory Division
Action ID No. 200600594 and State Permit No. 69-06
Sherrell Futral
213 Bayside Drive
Cape Carteret, North Carolina 28584
Dear Ms. Futral:
Reference your application for a Department of the Army permit to excavate a 50' x 26'
boat basin, construct a 46' bulkhead and a 30' x 16' boathouse adjacent to Deer Creek, located at
213 Bayside Drive, Cape Carteret, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
. If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wihmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
?BkK9?112odER",o
D
AUG 1 4 2006
Henry icker, Project Manager
Wilmington Regulatory Field Officq GENR - WATER QUALITY
YJEIL%NDSAND STORMWATER BRANCH
Enclosure
Copies Furnished without enclosure:
Ms. Cyndi Karoly
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal
Management
400 Commerce Avenue
Morehead City, North Carolina 28557
2

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Permit Number
69-06
Coastal Resources Commission D 03 -S C)
? D
Q permit R?
JUN 2 9 2006 for
R- WATER ? QUAUe X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Sherrell Futral, 213 Bayside Drive, Cape Carteret, NC 28584
Authorizing development in Carteret County at Deer Creek, 213 Bayside Drive, Cape Point
Subdivision , as requested in the permittee's application dated 1/2/06, including the
attached workplan drawing (1), dated 1/12/06
This permit, issued on Jane 26, 2006 , 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In order.fo protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) In order to prevent sedimentation in adjacent waters, an earthen plug shall be left between the inland
canal/basin and Deer Creek until all excavation landward of the plug has been completed, and 24
hours shall be allowed to elapse before the plug is removed.
3) No excavation shall take place outside of the area indicated on the attached workplan drawing.
(See attached sheets 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 Division approval.
All work must cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
d /
X'harles S. Jones, Director
a"? Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
r
Sherrell Futral Permit #69-06
Page 2 of 4
ADDITIONAL CONDITIONS
4) This permit authorizes only the use of an upland mounted excavator. Any change in the approved
method of excavation shall require a modification to this permit.
5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is
not authorized.
6) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
Shoreline Stabilization
7) The permitted bulkhead shall be constructed landwards of the existing'bulkhead.
8) The bulkhead shall be constructed prior to any backfilling activities.
9) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
10) A silt fence shall be properly installed immediately landward of the bulkhead cap immediately
following completion of backfilling activities.
11) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by Department personnel. No excavation is permitted except for that
which may be required for the construction of the bulkhead wall, deadmen cables, etc.
12) No backfill material shall be placed within 30 feet of the normal high water level, except that which
will be used to backfill the area behind the permitted bulkhead.
13) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
14) The fill material shall be clean and free of any pollutants except in trace quantities.
Dockinp, Facility
15) To ensure compliance with 15A NCAC 07H.0208(b)(6)(J)(iii), which prohibits docking facilities from
extending more than one quarter of the width of a waterbody as measured from edge of marsh to edge
of marsh, an as-built survey shall be performed on the docking facility which shows the permitted
structure and both shorelines, and copies of the survey shall be provided to the Division of Coastal
Management, within 60 days of completion of construction.
NOTE: Failure to provide such documentation may result in a violation of this permit.
w
Sherrell rutral
ADDITIONAL CONDITIONS
Permit #69-06
Page 3 of 4
16) This permit authorizes only the boathouse and boatlifts over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
17) The roof of the boathouse shall not be designed for second story use
18) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the'side, from the roof waterward.
19) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
20) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
21) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he/she abandons the
permitted activity without having it transferred to a third party.
22) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or
injury which may be caused from existing or future operations undertaken by the United States in the
public interest.
23) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
Spoil Disposal
24) Any change in the location of the spoil disposal area shall be approved by a representative of the
Division of Coastal Management prior to the initiation of any dredging activities.
25) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
26) No spoil material shall be placed within 30 feet of the normal high water line.
27) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
W
Sherrell Futral
ADDITIONAL CONDITIONS
General
Permit #69-06
Page 4 of 4
28) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work
or obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
29) The West Indian Manatee (Trichecus manatees), which is listed as a federally endangered species, has
been reported in North Carolina waters. In order to .protect the West Indian manatee all work should
be done during the period from November 1 to May 31. If work must be done during the period from
June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas
Which may Be Used by the West Indian Manatee in North Carolina" shall be followed.
30) No vegetated wetlands areas shall be excavated or filled, even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
• approvals or authorizations that may be required including but not limited to a Stormwater
Permit from the Division of Water Quality if required.
NOTE: Should the adjacent property to the west be sold prior to the initiation of construction, the
permittee shall be required to obtain a signed riparian corridor waiver from the new property
owner prior to the placement of any structures within the 15 foot riparian corridor.
NOTE: Future development of the permittee's' property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
060330.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200600594.
0..T IF 0 Lp-o33o

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 19, 2006
g(s.), [a
Mr. Henry Wicker Q
U. S. Army Corps of Engineers MAY 2 2006
Wilmington Regulatory Field Office
P. O. Box 1890 DErii: ':V?rLiT QUALITv
Wilmington, North Carolina 28402-1890 '4tTLN40SNi?sTORWamBWX
Subject: Action ID # 200600594, Sherrell Futral, Cape Carteret, Carteret County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated March 17, 2006. The PN was received by this office on April 3, 2006,
17 days after the issue date. The PN requested comments by April 17, 2006. In order to
adequately review such proposed activities, the Service would appreciate a more timely receipt
of these notices.
The applicant, Sherrell Futral, has applied for a Department of the Army (DA) permit to perform
dredging and shoreline construction. The proposed work is being considered under Regional
General Permit #198000291, a permit/processing agreement for work that has been approved
pursuant to the North Carolina Coastal Area Management Act (CAMA). These comments are
submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as
amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your
determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional
comments are provided regarding the District Engineer's determination of project impacts
pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1531-1543).
Project Area, Proposed Activities, and Anticipated Impacts
The project area, proposed work, and anticipated impacts are discussed in the Field Investigation
Report (FIR), dated February 20, 2006, of the North Carolina Division of Coastal Management
(NCDCM). The project area is a mainland, residential lot adjacent to Deer Creek, a tributary to
Bogue Sound. Deer Creek has been classified as Outstanding Resource Waters (ORW) by the
North Carolina Division of Water Quality. However, the creek is not designated as a Primary
Nursery Area (PNA) by the North Carolina Division of Marine Fisheries and is closed to
shellfish harvesting. The FIR states that there are no coastal wetlands, Section 404 wetlands, or
submerged aquatic vegetation (SAV) on the property.
The applicant proposes to dredge a boat basin (50 feet by 26 feet) from the shoreline to the
channel portion of Deer Creek. The project description states that dredging would be done by
the bucket and barge process for the access channel. Sand and mud for the boat basin would be
removed by a "backhoe-type" excavator with the material placed on a barge. The shoreline
would be stabilized by a 46-foot bulkhead. A boathouse with a boatlift would be constructed.
Project drawings indicate that existing water depths in the area to be dredged range from less
than one foot to slightly over four feet at mean low water (MLW) to 4.1 feet at MLW.
Approximately 113 cubic yards of material would be removed. The FIR states that the proposed
work would impact 1,300 square feet (ft) of shallow bottom habitat. The work would shade and
incorporate 460 ft2 of Public Trust Area along the shoreline.
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species
known to occur in Carteret County. We have also reviewed information from the North Carolina
Natural Heritage Program (NCNHP) database which contains excellent data on the special status
species, both federal and state. This database can be accessed by topographic quadrangle (quad)
of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-
specific information on species which should be considered in permitting this project. The
project area is located in the Swansboro quad. The occurrence data of special status species
within these quads can be obtained on the internet at < littp://www.nesparks.net/nhp/quad.litml >.
Our review indicates that the only federally listed species likely to occur in the project area is the
West Indian manatee (Trichechus manattts), a federally-endangered mammal. While there are
no current records for this species in the Swansboro quad, the species has been reported in Bogue
Sound. The shallow, estuarine waters of the project area may provide suitable habitat for
manatees that move along the Atlantic Coast during summer months and are seasonal transients
in North Carolina, primarily from June through October. Manatees may use water as shallow as
one meter (3.3 feet) deep. The species moves extensively when in North Carolina waters and
past occurrence records cannot be used to precisely determine the likelihood that it will be
present at a particular construction site.
Existing water depths in the proposed boat basin area appear to be sufficient for manatee use.
The proposed bucket and barge method of sediment removal may pose a risk to manatees. To
protect manatees in North Carolina, the Service developed guidelines entitled "Precautions for
General Construction in Areas Which May Be Used by the West Indian Manatee in North
Carolina." These guidelines address all types of in-water construction, except blasting, and
should produce little, if any, additional expense. The guidelines are intended mainly to ensure
that: (1) construction personnel are informed that manatees may occur in the work area; (2) work
should cease if a manatee approaches the work area; and (3) work should not resume until the
manatee leaves the work area. They also include procedures for reporting the death or injury of a
manatee. These guidelines are available on our web site at < lhttp://nc-
es.fws.cov/mammal/manatee 2uidelines.pdfl. The risk to manatees could be reduced to an
acceptable level by the implementation of the Service's guidelines. The risk would be further
reduced by performing the work during the period of November through May.
3
With the inclusion of our manatee guidelines, the Service would concur with a determination by
the District Engineer that the action is not likely to adversely affect species designated as
threatened, endangered, or their designated critical habitat. The Corps' requirements pursuant to
section 7 of the ESA would be fulfilled. However, the Corps must reconsider its obligations
under section 7 if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner which was not considered in this review; or, (3) a new
species is listed or critical habitat determined that may be affected by the identified action.
Service Concerns and Recommendations
Considering the limited impact to estuarine bottoms, the absence of impacts to wetlands and
SAV, and the absence of PNA, the Service does not oppose the issuance of a DA permit for the
work described in the FIR and permit application. We do recommend that prudent measures to
protect manatees be utilized during the work. We appreciate the opportunity to comment on this
permit application. If you have questions regarding these comments or wish to discuss the
development of the coordinated federal position, please contact Howard Hall at 919-856-4520,
ext. 27 or by e-mail at < [e-mail] >.
Si
Pete Benjamin
Ecological Services Supervisor
cc:
Ms. Tere Barrett, NC Division of Coastal Management, Morehead City, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
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Michael F. Easley, Covemor .
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 30, 2006
Mr. Sherrell Futral
213 Bayside Drive
Cape Carteret, NC 28584
Subject Property: Cape Point Subdivision
213 Bayside Drive, Cape Carteret
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Futral:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project #060330
Carteret County
You have our approval, in accordance with the attached conditions and those listed below, to excavate,
using a land based excavator, 1300 square feet of open water for the purpose of constructing a boat house
and 50' x 26' boat basin at the subject property, as described within your application dated January 26,
2006 and received by the N.C. Division of Water Quality (DWQ) on February 28, 2006. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3400 (WQCC3400). The Certification(s) allows you to use the CAMAM Major Permit when
issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
404/CAMA Wetlands N/A acres
Open Water 1300 square feet Deer Creek
Buffers N/A (square ft.)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877.623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: wwNv.ncwatcrquality.ora XT One 11C I
ort (AW tna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10°'o Post Consumer Paper Natima!!y
Applicant: Sherrell Futral
Page 2 of 3
Date: March 30, 2006
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Afanual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control tlfanual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface dining Afanual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Shellfish
Prior to dredging the proposed boat basin, notification must be made to the NC Division of
Marine Fisheries (DMF) and the Shellfish Sanitation Section of the Division of Environmental
Health in order to determine if a significant shellfish resource should be relocated to a suitable
site. If the agencies determine that relocation is needed, please coordinate the relocation with
DMF. Please note that you must actually perform the relocation if deemed necessary, but DMF
and Shellfish Sanitation will provide guidance.
Applicant: Sherrell Futral
Page 3 of 3
Date: March 30, 2006
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional
Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sine fly,
Llc?
Alan W. Klimek, P.E.
AWK/nnd
Enclosures: WQC 3400
Certificate of Completion
cc: Henry Wicker, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit, Raleigh
DLR Wilmington Regional Office
Noelle Lutheran, DWQ Wilmington Regional Office, File Copy
Central Files
@ N ME B
APR G 2006
DENR - WATER QUALITY
WETWiDSNO STORNNATER DR,%CH
Filename: 0603 30.mar06
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ILI
WQC #34001 '? NOP T
CAMA PERMIT CERTIFICATION < ?--j !
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR, Op=0 lffEERS if
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULESI
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 213.0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA'major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require.written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 26.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules) in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 213.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
County:
Signature: Registration No. Date
401 Projects
Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Fri, 31 Mar 2006 15:08:30 -0500
To: Ian McMillan <Ian. McMill [e-mail]>, Cyndi Karoly <[e-mail]>,
[e-mail], Doug Huggett <[e-mail]>
The following projects were issued 401 permits on 03/30/2006:
Sherrell Futral, DWQ#: 2006 0330, Carteret County
Murraytown Farms Subdivision, DWQ#: 2006 0371, Pender County
Thanks,
Patti
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
1 of 1 3/31/2006 3:42 PM
MCDEN
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
2 0 0 60 3 3 0
Februaiy 21, 2006
1\1K IORANDUII:
TO: I\ Is. Cyndi Karoly p S I ((.!?
l nvironritental Biological Supervisor t a J ?? =; ??
Division of 'Uater uality u f?l
. Q FEB 2 R 2006
PRO,'%I: Doug Ilugett CstQUALITY
Major Permits Processing Coordinator t'?"'??-3 1u"DSTC? ,1ERERF,};CH
SUB.IECT: CA11UVDRLDGE S FILL Pern-lit Application Rcvicw
:Applicant: Slien-ell Futral
Project Location: Carteret County: Adj. to Deer Creel: within Deer Creel: S/D at 213 Bayside Dr.,
Cape Carteret, NC.
Proposed Project: The applicant proposes to excavate a 50' 126' boat basin from the shoreline to the
e•;stinLy channel in Deer Creek. -1 new 46' bulklicaad Nvill stabilize- the s1_ioreline and a
30' x 16' boathouse will be constructed Nvitliin the new basin.
Please indicate below your agenc}''s position or viewpoint on the proposed project and return this form by
Ilarcli 14, 2006. If youu have any questions regarding the proposed project, please contact Ryan Davenport
at [phone]. Wlicn appropriate, in-deptli continents witli supporting data are requested.
REPLY: Tliis agency has no ollicction to the project as proposed.
Tiiw agency iias no corn nient on fire proposed 11rCjCt 1.
This agency approves of the project only if the reconn icndcd changes arc
incorporated. See attached.
Tliis ai-wncv objects to the project for reasons described in the attached continents.
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
OCM % DWQ %'•
Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
i
I. Private, non-commercial
r develcpment that does not involve $250 100°e (5250)
the filling or excavation of any 4
wetlands or open water areas:

II. Public or commercial development ,r

.a
. that does not involve the filling or $100 100%($400) 0°6 (SO)
excavation of any wetlands or open
t
water areas:
= III. For development that involves the
filling and/or excavation of up to 1
i acre of wetlands and,'cr open water {
areas, determine if A, 8, C. or D
below applies:
xs
III(A). For Private, men-commercial -
development, If General water Quality 5250 100'.0 (5250) 0°b (50)
Certification No.3301 (see a"ached)
:4 can be applied:

III(8): For public or commercial i.
A development, if General water Quali1j 100°o (S4C0) C% (.0)
301 (see attached)
Certfication No-
can be applied:
III(C). If General Water Quali;/
Cerifcaticn No. 33C1 (see attached)
=u'd be applied, but CCf.1 staff
determined that addlCcnal review and 1 ?0 604a (5240) 4C% (5150)
F wri"en DWQ concurrence is needed
because of concerns related to water ?
quali;l or aquatic fife:

«
11:(0). If Gener,I %%'ater Quali,/ -
Certificat'on No. 3301 (see a"ached) 54C0 60°b (S2»O) ?.6 (S 150) r
can not be applied:
IV. For development that involves 0:
`
the filling and/or excavation of rncre 5;75 ' 6C°b (52'5) xi* 40(5190)
It :ham one acre of we;'ards an-'or
`' 4

r r
open water areas: »
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Sherrell Futral
2
LOCATION OF PROJECT SITE: The site is located at 213 Bayside Dr. within Cape Point
Subdivision adjacent to Deer Creek in Cape Carteret, Carteret County.
Photo Index - 2000: grid 39-494 (D13) 1995: grid 39-475 (E13)
State Plane Coordinates - Y: 2852993.610 Y: 347934.902 Rover # J021717A
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/17/06
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc 2/16/06
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Cape Carteret, Certified 1998
Land Classification From LUP - Urban Transition, Conservation
(B) AEC(s) Involved: EW, PTA, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic System
Planned - N/A
(F) Type of Structures: Existing - Single Family Home, Dock, Bulkhead
Planned - New Bulkhead and Boathouse
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. IIABITAT DESCRIPTION:
DREDGED FILLED
(A) Shallow Water Habitat 1,300 ft2
(B) Open Water
(C) High Ground 460ft2
(D) Total Area Disturbed: 1,760 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: No
INCORP
480 ft2 incorp. and
shaded
8. PROJECT SUMMARY: The applicant proposes to excavate a 50' X 26' boat basin from the
shoreline to the existing channel in Deer Creek. The shoreline would be stabilized by a new 46' bulkhead.
A 30'X16' boathouse would then be constructed within the new basin.
Page 02
Futral
Narrative Description:
The project is located 213 Bayside Dr. within Cape Point Subdivision located in the Town of Cape Carteret,
Carteret County. This subdivision is just south of White Oak Elementary School. The subdivision and this
property border Deer Creek, a tributary of Bogue Sound.
Mr. Futral's lot is 25,581 ft2 in size and averages 10' above mean sea level. Currently there is a single family
home on site with all utilities existing. The shoreline is stabilized by a bulkhead. Running along the bulkhead
is a 6'X55' dock. The high ground is vegetated with Loblolly Pine (Pinus taeda), Wax Myrtle (Myrica
cerifera , and various upland grasses. West of this lot is a single family home with part of the shoreline
bulkheaded and two boat slips. To the east is a home under construction with a dock and two boatlifts in place.
There are no coastal wetlands, section 404 wetlands or SAV's present on the subject property. Deer Creek is
±73 ft wide at this location and was recently dredged to a depth of -4.5' NLW under State Permit #42-01. The
substrate of Deer Creek is sand and mud.
This lot is part of the subdivision authorized in State Permit #50-00, Cape Point Subdivision. Services
provided are roads, public utilities and a bulkhead running up the Deer Creek side of the development. The
Town of Cape Carteret's Land Use Plan classifies this area as Urban Transitional and all associated AEC's as
Conservation. The N.C. Division of Water Quality designates Deer Creek as SA Waters, with the subcategory
of Outstanding Resource Waters. Deer Creek is not a primary nursery area as designated by the NC Division
of Marine Fisheries. The creek is closed to the taking of shellfish for consumption, but oysters were noted in
the project area. There are no disclosed archaeological sites on the property.
10. Proiect Description:
The applicant has applied to excavate a 50'X26' boat basin from the shoreline to the channel portion of Deer
Creek. This proposed cut would involve the excavation of 1,300 ft2 of shallow water habitat. The shoreline
would be stabilized with a46' bulkhead landward of the existing bulkhead. A 30'X 16' boathouse would then
be constructed adjacent to the bulkhead with a boatlift installed inside the boathouse.
The excavation of the 50' x 26' basin would involve the removal of 113 vd3 from below NHW. Current
soundings within the project area range from -.1' to -4.2' at NLW. The boat basin would be excavated down
to the connecting water depth in the recently excavated Deer Creek of -4'NLW. This would be accomplished
with an excavator from shoreline. Spoils will be deposited at an off site location owned by L.B. Page that has
been previously approved for this use.
The applicant proposes to stabilize the shoreline with 46' of bulkhead only if it is determined to be necessary
when dredging begins. The bulkhead would be built landward of the existing bulkhead which is though to
have been installed too shallow to allow for the proposed dredging. Adjacent to the bulkhead, the applicant
proposes a 16'X30' boathouse with boatlift installed in the boathouse.
11. Elnticipated Impacts
The proposed excavation would disturb 1,300 ft' of shallow bottom habitat and cause a temporary increase in
turbidity. The boathouse would incorporate and shade 480ft' of Public Trust Area along a shoreline of 113ft.
The proposed 46' bulkhead will cause the disturbance of approximately 460ft2 of high ground during
installation.
Ryan Davenport February 20, 2006 Morehead City
g C E 4
RP jaN; 2 h 2-006
Morehea City DCNi
COASTAL PLANNING SEIRVICE?
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 4190
Emerald Isle, NC 28594
January 25, 2006
Mr. Ryan Davenport
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
Sherrell Futral
213 Bayside Drive
Cape Carteret, NC 28584
Dear Ryan:
Office 252.354.4916
Cell 252.240.9297
Enclosed is the Major CAMA permit application for construction of a covered boathouse with
lift, bulkhead, and excavation of an access channel adjacent Mr. Futral's residence. As you
suggested, I have included only one copy of the application drawings at this time for your
review.
Once you certify that the application is complete and the drawings are acceptable, I will provide
you with the additional required copies. I will also send copies of the application and plats by
certified mail to the adjacent riparian landowners and will provide you with signed return
receipts.
Thank you for your assistance with this project. Please let me know if you have questions or
need additional information.
Sincerely,
'7?eze?-- cz';"" G
Kathy B. Vinson, AICP

...20060330
ZOG5 ??--
Form DCitii-i'1ZP-1
Aa ?A i, AN 2 h 2000
(To be completed by all applicants) Morehead City DCM
1. APPLICANT
b. City , town, community or landmark
ra ,one C? ? ?e r P f- - C'a ? c
J 1 bc//v?sl?av?
c. Street address or secondary road number
_.A 7W
a. Landowner:
Name -5- h t r r e / i ?u-fr t
Address '27 Z-3 (4 S/'Cle ? r "? P
City V010 1?_e7?smte W L
d. Is proposed work within city limits or planning
jurisdiction? t'-' Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) e e l C r e e
Zip -jg Day Phone e2 ya - a '_l 1- 7/ 717,
Fax.? Sa - 3S y- 73?a
3. DESCRIP'T'ION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name
Address
City C'(Mera /? -1 ?? State /U(?_
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
('e up r -erg bo a->L house ut,'`4.1-?-
1;f'-4 , e- Vd4Va7-/an of Qceess
C.?a I ri ?P_ l C0h,VIP?yU?h J47 oic1",le
Zip 2? Lo e Day Phone cl7 b. Is the proposed activity maintenance of an existing
project, new work, or both? - le cc)
Fax - 3S?- Z/ g/ ?,
c.- Project name (if any)
NOTE: pernet will be issued in name of landowner(s), arid/or
project nano.
c. Will the project be for public, private or commercial
use? 'Q0 I' V 4.? ?.
14
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. RPQse -5 e P_
a7` C ?-l Qr.Da/CGt' C(,.5a ','P?JJH.
2. LOCATION OF PROPOSED
PROJECT
a. County t... ez r• - --e /' e -?-
Revised 031?5
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract X .
b. Size of individual lot(s) ?5a v?-t e-
c. Approximate elevation of tract above MHW or
NWL l?l/Ia :•,? k-h /'7/ Sla?•'n?, -2
a. I / C.-f- C K/5- 1-:4,?
d. Soil cyye( ) and texture(s of tract
(U 0- r7 Cl 0 e s a 1-7 e
4 r1C/SCa r?P l/? rn r° 7?K,l?? '? Gi
l
earl 2 62H9
R9 e. Vegetation on tract 61'a jS a -i d o 1-/4 P r-
Morehead City DCrV1
m. Describe existing wastewater treatment facilities.
S a vr? •' /v, SC.O 7•1C_
n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down' and residential discharges.) (, der' ?'s
an /' Se?f
4? Su n"t?? e e 'r, .4 h - o ? .S' Gi e C f
-rho and ac/'-yss 1?4/(Cl?ekaQ?td?/
o. Describe existing drinking water supply source.
&Je t Ct r I-e re. -t-` ?
f. Man-made features now on tractc;t,7 ,e- tki "?•'/
r e f evi c e hU I k h as c?', o?'r r, h- °? r,X1,15. ADDITIONAL INFORMATION
a ztbv? c y a rv k f•'?r? S W c r?7 m.'?1?tJc
g. What is the CAMA Land Use Plan land JJ In addition to the completed application form, the
classification of the site? (Consult the local land use plan.) following items must be submitted:
Conservation transitional
Developed Community
Rural Other
h. How is a tract zoned by local government?
30
i. Is the proposed roject consistent with the applicable
zoning? Yes No
(Attach zoning corTliance cerriflcate, if applicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes ?No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eli Jble property?
Yes No
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach doaunentadon, if available)
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the 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.
o An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 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 an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding 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 personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
° A Stormwater Certification, if one is necessary.
° A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name 41 It n 4-, R-!,21
Address W/S da . o/ 7Jr. ° C. al
Phone ?aS?l 9 - 3 V P. a Yi X q
Name 7-, 'M / 44 ce_s le--7
Address / U r
D. e, eA-2 ire v: i C
Phone aSa 9/l0-4Z51-
Name
Address
Phone
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
PI!e4Se .5 e e 014-i it ,771-.
° A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
° A signed AEC hazard notice for projects in
oceanfront and inlet areas.
° A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
uc?o
J,4i`i ? ?? %OQh
6. CERTIFICATICWQ(9 EPYE Q3M
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
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.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of, vn v v, c r , f9=
Print Name &I s d "t
Signature
Landowner or A n<<d AgcTa
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
CM MP-3
,?CM MP-4
_ DCM MP-5
_ DCM MP-6
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
August 17, 2005
Mr. Charles S. Jones, Director
NC Department of Environment and Natural Resources
Division of Coastal Management
400 Commerce Drive
Morehead City, NC 28557
Dear Mr. Jones,
T1 171 P:Z
JAN 2 6 200
Morehead City DCM
I hereby authorize Kathy Vinson, AICP and John Freshwater, PE to represent me and
apply for CAMA permits to develop my property located at 213 Bayside Drive, Cape
Point, Cape Carteret, NC 28584. This authorization extends to all required permits and
authorizations required by local, state, and federal agencies that may be required as part
of the permitting process.
If you have questions or need additional information, please contact me at 252-241-7172.
Sincerely,
Sherrell Futral

P.O. Box 4340
Emerald Isle, NC 28594
Herbert Page
5417 Highway 24
Newport, NC 28570
January 25, 2006
iAN 2 6 ?006
Morehead City DCM
To Whom It May Concern:
I am the owner of property located 4r'Aq r ?qke Per 7)
I have given my permission to Sherrell Futral to dispose of excavated materials on this
property. I understand that the excavated materials will be dredging spoils to be taken
from Deer Creek adjacent Mr. Futral's residence located at 213 Bayside Drive, Cape
Carteret. I understand that the purpose of the dredging is to create an access channel from
the shoreline of Mr. Futral's property to the existing channel in Deer Creek.
If additional information is required, please feel free to contact me at 252-240-9028.
Sincerely,
Herbert Page
PROJECT DESCRIPTION
Sherrell Futral
213 Bayside Drive
Cape Carteret, NC
Carteret County
JAP4 2 6 2006 0.
Morehead City DCM
The project will serve a single-family residence located at 213 Bayside Drive in the Cape
Point Subdivision in Cape Carteret, North Carolina. The project consists of construction
of a 30' by 16' covered single-story wood-framed boathouse and excavation of an access
channel to connect the shoreline and existing channel in Deer Creek. In addition to the
residence, other structures located on the project site include a pier, bulkhead, concrete
drive, high ground gazebo, and pool.
The depth of the existing bulkhead located on the project site is unknown. Therefore a
deeper bulkhead, approximately 46' long, to be located landward of the existing
structure, is included in the proposed work as may be required to support the proposed
adjacent water depth. If the existing bulkhead is found to be sufficient to support
excavation without breaching, a new support bulkhead will not be installed.
The boathouse will be constructed to accommodate the property owner's 25' boat with
outboard motor. The finished height from the existing bulkhead to the ceiling will be 14'
The roof will be covered with asphalt shingles and will be constructed at a 9:12 pitch.
The exterior siding will cover only the top half of the boathouse, or no more than 7'. A
boatlift is also proposed.
The boathouse will be located less than 15' from the riparian corridor on the western end
of the property. Mr. Alan Ripley, owner of the adjacent property, has waived the 15'
setback requirement. A copy of Mr. Ripley's waiver is enclosed with this application.
The area to be excavated extends 32' on the eastern side into Deer Creek and 21' on the
western side and measures 50' in length along the shoreline. The property owner will
utilize a "bucket to bartoe" process for construction of the access channel. The mud and
sand will be excavated using a backhoe-type excavator and placed on a barge. The
excavated spoils will then be brought ashore and trucked off-site. No excavated material
will be retained at the project site. All excavated material will be deposited on property
owned by Mr. Herbert Page. Enclosed with this application is a letter from Mr. Payee
granting permission to dispose of the spoils on his property.
Previous state or federal permits
Sherrell Futral
213 Bayside Drive
Cape Carteret, NC
Carteret County
JAN
Morehead City DCM
1. Stormwater Permit #SW8 991022 Modification issued to Sherrell Futral,
Bluewater Investors, Inc. on 10/20/2000 for the Cape Point Subdivision.
2. CAMA Minor Development Permit #WO-30-05 issued to Sherrell Futral on
6/16/05 for construction of fiberglass pool.
3. CAMA exemption #WO-24-04 issued to Sherrell Futral on 6/23/04 for
construction of a single-family dwelling, storage building, concrete drive, and
minor land disturbance.
4. CAMA General Permit 940094 issued to Sherrell Futral on 9/9/04 for
construction of a bulkhead and pier.
Form DCM-MP-2
EXCAVA7CIOIY
AND FILL,
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Avenge Elasl
Exfsttng Project
Unfth Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
3a/
so, o;l t?
o?(/arL
W o Sf'

w,a? xz?^r

rr"4 9
Morehead amity DCM
1. EXCAVATION
a. Amount of material to be excavated from below
N1HW or NWL in cubic yards
b. Type of material to be excavated h4 (A d A ?- d.
n "n d
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes ---No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area ?-xc'4yar?ee?rYr4>??c<
ved h 11 -J "7
b. Dimensions of dispos? area
?? X a c? e P
,3 ,1
7
c. Do you claim title to disposal area?
Yes ?No
If no, attach a letter granting permission from the
owner. 4-H-P c 0 e. d.
d. Will a disposal ar;a be available for future
maintenance? Yes No
If yes, where?
Arq,t4 tu r L^ IC%e -- P-L5 f
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes t/rNo
f. Does the disposal inc de any area in the water?
yes disposal
3. SHORELINE STABELIZATION
a. Type of shoreline stabilization
t? Bulkhead Riprap
b. Length 4120,1AY, LIP I oC g4e-r_1
C. Average dis ce waterward5of MHW or NWL
1)
d. 'Niaximu distance waterward of MHW or NWL
l
e. Shoreline er sion during preceding 12 months
ti?
(Source of information)
f. Type of bulkhead or riprap material "7`' /'ea le d/
I V. W b e (-
9
Amount of fill in cubic yards to be
water level /
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material /U /7`7
i. Source of fill material /U f}'
V. LZ g
I ?e UL
DI-1-1
,?AiU 2 ?? 2006
If yes,
(1) Amount of mateiftttio2pe-p ttheD(;M
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? C C v
W/111 he
0-Cf - 5 /`{P .
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? ?i
he ?sr• d ?h;?? !; ctr qti t?L'el u44a7?-r
.3 t M/ I de' [-o cl- b z e- /C1-2 J e.
Will wetlands be cr: ssed in transporting equipment
to project site? Yes k?fNo
If yes, explain steps that will be taken to lessen
environmental impacts.
? "xcluding THER FILL ACTIVITIES
Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
placed below
.S? e,r re, I 1 Fc. (-,, I
Appl-ic?anntt or Project Name sigdature V
Date
Revised 03/95
Form DCNI-MP4
S ?RUC'r IN` U R E S
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s) /1/ I,#
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length 3 o '
(3) Width )(-a
c. Groin (e.g. wood, sheetpile, etc.) 1j/111q
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) IV
(1) Length
(2) Average distance from IvIHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Mor ad City
e. Mooring buoys !
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.) /t/ 11q
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description) NIA
,,5 ? t rre,l F4-
Applii?cant or Project Name ,
?1.? / ? • ?LLLWti---
Signature
//as/aoo ?e
Date
Revised 03195
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o Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery Is desired. N 1 ? Agent
v Print your name and address on the reverse n? (tX -? ti 4,t'c`.< ? Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
I, Attach this card to the back of the mailpiece,
or on the front if space permits. -o-6
D. Is delivery address different from;; cm 1? ? Yes
1. Article Addressed to: If YES, enter delivery address below: ? No
Mr. Tim Bailey
Town of Cary
316 North Academy Street
Cary,NC 27511
DWQ# 03-0330-Wake
iervice Typo
7 Certified Mail ? Express Mail
Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
14. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7005 1160 0000 9954 6047
PS Form 3811, February 2004 Domestic Return Receipt
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10
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