20061384 Ver 1_COMPLETE FILE_20060825

Permit Class
NEW
De
ang I
I ?J
DEC 1 5 2006
DENR - WATER QUALITY
MTLANDS AND STORMWATIR BRANCH X
STATE OF NORTH CAROLINA
Permit Number
207-06
,partment of Environment and Natural Resources
and
Coastal Resources Commission
e r m It o
for
_ Major Development in an Area of Environmental Concern
pursuant to NCGS 1 13A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Anthony Futral, 101 Cape Point Blvd., Cape Carteret, NC 28584
Authorizing development in Carteret County at adi. Rocky Run, 101 Cape Point Blvd, Cape
Point Subdivision , as requested in the permittee's application dated 6/6/06 (MP- I & MP-4)
and 8/1/06 (MP-2), including; the attached workplan drawings (1) dated 6/5/06
This permit, issued oil December 13. 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 tines, imprisonment or civil action; or may cause the permit to be null and voi(l.
Excavation
I ) 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.
2) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
3) The temporary placement or double handling of till materials within waters or vegetated wetlands is not
authorized.
4) No excavation shall take place outside of the area indicated on the attached workplan drawing.
5) No excavation shall take place within 10 feet of any area of coastal wetland.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pernlittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
COlltillllance 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
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of' DENR and the
Chairman of the Coastal Resources Commission.
Charles. Jones, Director
' Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittec
Anthony Futral Permit #207-06
Page 2 of 4
ADDITIONAL CONDITIONS
6) In order to 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.
Oyster Relocation
7) In coordination with the N.C. Division of Marine Fisheries, the permitte shall secure a commercial
fisherman with a relay permit to relay the oysters out of the area of excavation. Contact the Division of
Marine Fisheries at [phone] for assistance. Upon completion of this relocation, the permittee
shall provide a statement to both the Division of Coastal Management and the Division of Marine
Fisheries that this requirement has been met.
Spoil Disposal
8) 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.
9) 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 excavation activities.
Shoreline Stabilization
10) The alignment of the permitted bulkhead shall be staked by the a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to
initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected
start of construction.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by Department personnel.
14) 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.
15) The fill material shall be clean and free of any pollutants except in trace quantities.
Anthony Futral
ADDITIONAL CONDITIONS
Docking Facilitv
Permit #207-06
Page 3 of 4
16) 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.
17) This permit authorizes only the docks, piers, and other structures and uses located in or 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 may be conducted on, in or over public trust
waters without permit modification.
18) 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.
19) 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 abandons the
permitted activity without having it transferred to a third party.
20) This permit does not al1th0r1ZC 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 front existing or future operations undertaken by the United States in the public
interest.
21) 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 nlininlunl, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
Sedimentation and Erosion Control
22) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensue that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.). At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.
23) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Anthony Futral
ADDITIONAL CONDITIONS
General
Permit #207-06
Page 4 of 4
24) 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.
25) The West Indian Manatee (Trichecus manatits), 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 I 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: I uture 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 authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 061384), which was issued on 9/25/06.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200640483.
#4 '
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. SAW-2006-40483-016
October 26, 2006
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
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Reference the application of Mr. Anthony Futral dated June 6, 2006 and received by this
office on August 24, 2006, for Department of the Army (DA) authorization to excavate a 74' x
47' boat basin to an depth of -4.0' from the shoreline to the existing channel in Rocky Run and a
new 118' bulkhead at a site located at 101 Cape Point Blvd, Carteret County, NC. The project
also includes a 30' x 8' dock constructed along the bulkhead and within the basin.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
7. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety.
8. All excavated materials will be trucked to high ground property located offsite.
9. Excavation will not exceed -4.0 feet below the elevation of mean low water.
10. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
11. Approval of the structure was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIWW), a possibility exists that the structure may be damaged by wave wash from passing
vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to
nullify the navigational benefits on which the AIWW was justified. Issuance of this permit
should not be construed, as relieving the permittee of taking proper steps to insure the structure
and moored boats will not be damaged by wave wash normally to be expected in the AIWW.
2
12. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
14. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
15. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
16. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre-project condition.
17. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
18. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species, has been reported in the waters in New Hanover County. 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" must be followed.
3
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
David L. TimpY, J Proanager
Wilmington Regulatory Field Office
Copies Furnished:
Karoly
iisof Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Tere Barrett
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
400 Commerce Avenue
Morehead City, NC 28557-
3421 Wilmington, NC 28405
Mr. Ted Sampson, District Manager
Elizabeth City Regional Office
NC Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
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Michael h kislcy, Governor
William G Ross .1i , Secretary
North Carolina Dcpartnicut of Euvironmcot and Natural Resources
September 25, 2006
Anthony l utral
101 Cape Point Blvd
Cape Carteret, NC 28584
Subject Property: 101 Cape Point Blvd
E [2 ??0WFP
NOV 3 - 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Futral:
Alan W Klnnek, 1' I'.. Director
Division of Watcr Ouahly
1)' Q ProI . cct # 061384
Carteret County
You have our approval, in accordance with the attached conditions and those listed below, to excavate a
74' X 47' boat basin from the shoreline, construct a bulkhead and dock, as described within your
application dated August 22, 2006 and received by the N.C. Division of Water Quality (DWQ) in the
Wilmington Regional Office on August 24, 2006. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number 3400 (WQC 3400). The
Certification allows you to use the CAMA 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 LAMA 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'
xvetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211 .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:
The excavation of this project will impact a shellfish resource and the NC Division of Marine
Fisheries (DMF) has stated "..that a condition be placed on the permit requiring the permit
holder to get a commercial fisherman with a relay permit to relay these oysters out of' the area
during relay season which occurs in April after oyster season is closed. The NCDMF
recommends that a dredging moratorium between April 1" and September 301" be observed."
This permit is only valid if the applicant can satisfy this request as stated by DMF. This Office
suggests that the applicant should contact Trish Murphey of DMF [phone] to work out
an arrangement.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6148
Wilmington Regional Office Wilmington. NC 28405-3845 FAX [phone] Internet X\ 110watcrqualdy11Z
An Equal Opportundy!Affirmalive Action Employer - 50% Recycled110%, Post Consumer Paper
,..
Page Two
Anthony Futral
DWQ Project tt 061384
September 25, 2006
2. Impacts Approved
The following impacts arc hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) arc met. No other impacts arc
approved including incidental impacts:
Stream
Coastal Wetlands -
Open Water (Shallow
bottom Ilabitat)
Amount Approvcd (Units) Plan Location or Reference
N/A (fcc?
N/A (square feet)
3,500 square feet Sheet 1 dated 6-5-06
Buffers N/A
3. Erosion & Sediment Control Practices
care feet)
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
Seditent and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance ofthe 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 Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or ]cased 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 Mining Manual.
d. lie reclamation measures and implementation must comply \vith the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or bill 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.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in Nvctlands 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.
Page Three
Anthony Futral
DWQ Project # 061384
Septcmbcr 25, 2006
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Huffer 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.
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 LAMA 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 150H of
the North Carolina General Statutes to the Office of Administrative I Iearings, 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 (DWQ) Permit # 061384 under Section
401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Nocllc
Lutheran-Winstead in the DWQ Wilmington Regional Office at 910-796-7215 or Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721.
Sincerely
C
-, Alan W. Klimek, P.F.
I;nclosUres: WQC 3400
Certificate of Completion
cc: Kathy H. Vinson - Consultant
Dave Timpy - USACF. Wilmington Regulatory Field Office
'Irish Murphey - NC DMF
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Doug Iluggctt CAMA Morehead
Ryan Davenport LAMA Morehead
WiRO
Central Files
WQC #3400
CAMA PERMIT CERTIFICATION
Vri.
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE 06R CO, k0 Ef?'GINEEIt5
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
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 2B .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;
1. 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
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 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;
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 DWO 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
D"IQ Project No.:
County: -
Applicant:
Project Name: ------ - --- - ------
Date of Issuance of Wetland Permit:
Certificate oi' 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 Oversight/Express Pennitting 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, , 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: - --
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 Permittce 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: Registration No. Date
Certs
Subject: Certs
From: Kathy Rivera <Kathy.Rivera@ncmai 1. net>
Date: Mon, 25 Sep 2006 13:59:02 -0400
To: [e-mail], Doug Huggett <[e-mail]>,
[e-mail]. mil, rich Weaver <Ri#[e-mail]>
2006 1384 - Anthony Futral - 9/25/06 C Art
2006 1490 - CO Jacksonville: Phillips Park - 9/25/06
1 of 1 9/25/2006 2:07 PM
FMA
NCDENR
North Carolina Department of Environment and Natura
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
August 22, 2006
MEMORANDUM:
20061384
TO: Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Anthony Futral
Resources
William G. Ross Jr., Secretary
o R @ C?QW C9 p
Q
AUG 2 a 4006
rMnw? R ==414
Project Location: Carteret County, 101 Cape Point Blvd., within Cape Point Subdivision, adjacent to
Deer Creek in Cape Carteret.
Proposed Project: Proposes to excavate a 74' X 47' boat basin from the shoreline to the existing`
channel in Rocky Run. A new 118' bulkhead would stablilize the shoreline. A 30'
X 8' dock would be constructed along the bulkhead and within the new basin.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 12, 2006. If you have any questions regarding the proposed project, please contact Ryan
Davenport at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
Phone
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
252-808-2808 \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
CM o D WO %
Development Type FEE 143001601435100093 1625 6253 243001602 435100095 2341
1. Private, non-commercial
development that does not involve $250 100%($250) 0%($0)
the filling or excavation of any
wetlands or open water areas:
ll. Public or commercial development
that does not involve the filling or $400 100%($400) 0%($0)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, noncommercial
development, If General water Quality $250 100%($250) 0%($0)
Certification No.3301 (see attached)
can be applied: ,
III(B): For public or commercial
development, if General water Quality 100% ($400) 0%($0)
Certification No.3301 (see attached)
can be applied: ,
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and
60%($240)
40%($160)
written DWQ concurrence is needed
because of concems related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached)
$400
60%($240)
40%($160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475 60%($285) 40%($190)
than one acre of wetlands and/or
open water areas:
i,
L
ti
DIVISION OF COASTAI, MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Anthony Futral
2. LOCATION OF PROJECT SITE: The site is located at 101 Cape Point Blvd. within Cape Point
Subdivision adjacent to Deer Creek in Cape Carteret, Carteret County.
Photo Index - 2000: grid 39-494 (I110) 1995: grid 39-475 (B9)
State Plane Coordinates - X: 2583887.487 Y: 348984.986 Rover # J061517A
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/15/06
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - cc 8/2/06
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
Planned - New Bulkhead and Dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
DRFDGFD FILLED INCORP
(A) Shallow Water Habitat 3,500 ft2 N/A N/A
(B) Open Water 240 ftz incorp. and
shaded
(C) High Ground 1,180ft2
(D) Total Area Disturbed: 4,920 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to excavate a 74' X 47' boat basin from the
shoreline to the existing channel in Rocky Run. A new 118' bulkhead would stabilize the shoreline. A
30'X8' dock would then be constructed along the bulkhead and within the new basin.
Page 02
Anthony Futral
Narrative Description:
The project is located 101 Cape Point Blvd. within Cape Point Subdivision located in the Town of Cape
Carteret, Carteret County. This subdivision is just south of White Oak Elementary Scholl. The subdivision
and this property border Rocky Run, a tributary of Bogue Sound.
Mr. Futral's lot is 26,876 112 in size and ranges from 1' to 10' above mean sea level. Currently there is a single
family home on site with all utilities existing. The high ground is vegetated with Loblolly Pine (Pinus taeda),
Wax Myrtle (Myrica_cerifera), and various upland grasses. N.C. Hwy. 24 runs along the north side of the
proposed project. On the property to the east is an upland basin with two slips and a small (lock. The
applicants' property lies at the end of Rocky Run creek. There is an area of coastal wetlands along the north
east shoreline containing Smooth Cordgrass (Sparkna alterniflora) and Cattails CI ypha spp). Rocky Run is ±54
ft wide at this location and was recently dredged to a depth of -4' NLW under State Permit #42-01. The
substrate of Rocky Run 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 Rocky Run as SA Waters. Rocky Run is not a
primary nursery area as designated by the NC Division of Marine Fisheries.'T he 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. Pro.iect Description:
The applicant has applied to excavate a 74'X47' boat basin from the shoreline to the channel portion of Rocky
Run. This proposed cut would involve the excavation of 3,500 ft2 of shallow water habitat and would remove
324 yd3 of spoils. Current depths in the area range from -1' to -3' at NLW. The basin would connect to the
-4' contour in Rocky Run. Excavation would remain 15' from edge of wetlands. Spoils from the proposed
excavation would be trucked to high ground property owned by L.B. Page Construction. The shoreline would
be stabilized with a 118' bulkhead placed along NHW and landward of all coastal wetlands. Archie Page has
given permission to cross 8' of his property and connect the proposed bulkhead to his existing bulkhead. A
30'X8' dock would then be constructed along the proposed bulkhead and within the basin. The dock would be
placed 30' from the eastern Riparian Corridor.
11. Anticipated Impacts
The proposed excavation would disturb 3,500 ft2 of shallow bottom habitat and cause a temporary increase in
turbidity. The dock would incorporate and shade 240ft2 of Public Trust Area along a shoreline of 11 Oft. The
proposed 118' bulkhead will cause the disturbance of approximately 1,180ftz of high ground during
installation.
Ryan Davenport August 18, 2006 Morehead City
Form DCM-MP-I ?21 APPLICAT10 41 JON
? goof, ED
2 0 0 6 1 3 8 4 (To be completed by all applicants)
Morehead City DCM
b. City, town, community or landmark
C a / ? of i?-f - C <?t? /0.:27`-
1. APPLICANT
-•-• • -- c. Street address or secon ary road number
a. Landowner: -r
Name d n 71'11 o Ft -t-rat-
Address /O / ea ,Oe_ 2/1/ C/'
City _ a® ca/ State
Zip a,? Day Phone aMa ' 36 Vw` /P
Faxasa - 35- ?(- 7 9 9d
b. Authorized Agent:
Name
J
Address P. a . too x ?/ 9 a
d. Is proposed wor ithin city limits or planning
jurisdiction? Yes No
(e.g. river,
e. Name of body of water nearest pr14
creek, sound, bay) 3. DESC
RIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
i b u //C%eg-/, exC4-UaIleAr
a ecej-r c-Agn,7e/
City 6 merQ L d Lle- State
Zip Day Phone ? a - a ?Wo - ga 9 7
b. Is the proposed activity maintenance of an existing
project, new work, or both? /L/e u)
Fax ?)5 a - 3 SSY-
c. Project name (if any)
14M : Permit will be issued in noew of landowner(s), and/or
project raw.
2. LOCATION OF gROPOSED
PROJECT
a. County - C a r Le r g 7--
c. Will the proms be for public, private or commercial
use? /J/' / i/a &
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.
Awl W-r,- -re IC a h e L/

Revbed 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract a le 87? • 5 s °?'?
b. Size of individual lot(s) J IP m G
F§c?rudt?0
JUN .- 8 ?,Ilhl
m. Describe existing Massttewaa er treeaYmefii'fycpp y
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.) ?4S1Se?xC/ is
e_
Cree
D ribe existing drinking water supply source.
e s- e -t
c. Approximate elevation of tact above MHW or
NWL Ma cc ,n,, n 9, ?, -f-o
`
b- I/ asF s1-+ or ,e. I ,,-I e,
d. Soil type(s) and texture(s) of tract o.
e. Vegetation on tract J / 4 SS a. v1 d e 441r_t--
vid s sn 00 Ileq l-1aA,'°A-L
f. Man-made features now on tract J1't7o P - R m /
`Transitional
stdehge a ccesfo? utl u c ?
dr,'?e ?,J fen d
g. What is the CAMA Land Use Plan land
classification of the site? (cau4tr the local land use p?.)
Conservation
Developed Community
Rural Other
h. How is a tract zoned by local government?
st- 3 a
i. Is the proposed project consistent with the applicable
zoning? cLYes No
(Auatb zmdng compliance cerocate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes 1! No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or ell ' le property?
Yes No
1. Are there wetlands on the site? Yes _ No
Coastal (marsh) v?- Other
If yes, has a delineation been conducted?
(AaaA doamn aordm, V amUabk)
5. ADDITIONAL INFORMATION
in addition to the completed application form, the
following items must be submitted:
• A copy or 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.
• 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 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 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
ReAed 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 &J, * 11/4- .,7 Ar r 6,e Pa 4 go , Zr
Address - 3 D S V F' U) &Q -d
Phone .S??o h h.? rv AJC a.8'Egl'?
Name Q/ 0 )eloi, -Tfahs?4?<fzc?i?s?( 00
Address 13 1? a
Phone ?-g? C - c9 S-74
Name asa ,7 3
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Pleas e S r e- a
• 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 - 1 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.
F9 uvzq
,JUN - 8 ,oor,
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
1 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 _ 6 day of Jlik7 e- -49---2-6 , 0 (o,
Print Name 2147 e" 3, U/i 14--5 e h
Signature
Landowner or razed Agnu
Please indfcate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
M MP-3 Upland Development
?M MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
ReAnd 03/95
Form DCM-MP 4
STRUCTURES
(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.
Dock(s) and/or Pier(s)
(1) , Commercial -Community /"Private
(2) Number
(3) Length .3 D
(4) Width S?
(5) Finger Piers Yes No Av1A
(i) Number
(ii) Length V JA
(iii) Width
(6) Platform(s) Yes No IV
(i) Number A) _
(ii) Length
(iii) Width
(7) Number of slips proposed 1
(8) Proximity of structure to adjacent riparian
property lines 7 / 5-
(9) Width of water body -'? 1;? f o 5
(10) Water depth at waterw?rd end of pier at
MLW or NWL
b. Boathouse (including covered lifts) 1U-"k
(1) C m ial Private 4/0
(2) Length Al X
(3) Width
c. Groin (e.g. wood, sh ile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wop?, eetpile, etc.)
(1) Length
(2) y from MHW, NWL or
Average dis
c
wetlands
(3) Maximum distapcp yond MHW, NWL or
wetlands
RICZ,
rz)
MO 82006 ??
r?heaa C;tY OEM
e. Mooring buoys NIA
(1) - Commercial -Community __-_- Private
(2) Number -N /Z
(3) Description of buoy
(Coloinscription, size, anchor, etc.)
(4) Width of water body A) 4H
(5) Distance buoy(s) to be placed beyond
shoreline A/ Z&
f. Mooring structure (boatlift, mooring pilings, etc.),(//
(1) _ Commercial -Community _ Private
(2) Number d2Ik
_
(3) Length Al 44
(4) Width 41 /
g. Other (cYv -HI description)
7-? O n v, Fu- "
Applicant or Project-Nlimeglt
lure
aa-&tz ?. aUot?a
I
Revised 03/95
Form DCM-MP-2
EXCAVATION
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.
A"rW Find
Etdstlo? P?gied
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

Morehead (;jp
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards a
b. Type of material to be excavated lM u Q ad
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 areas c i ta?Y&/ ` 4--I-e '/q//
?li 1 / d r ?ru? L?r n! rrf?- s ?' >?_?d
ayDr? v c d h?LJ ii'i'. , ~ ?? s.'?co,
b. Dime ns of dispos e*'
c. Do you claim title to Oisposai area?
Yes No
If no, attach a letter granting permission from the
owner. 47YY b ec-/
d. Will a disposal " be available for future
maintenance? Yes No
If yes, where?
? ? v Q
Rev6ed 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes 1__?o
Does the disposal inclu any area in the water?
Yes No
If yes, 41114
(1) Amount of materi to be placed in the
water
(2) Dimensions of fill area }?-
(3) Purpose of fill/ f?
3. SHORELINE STABILIZATION
a. Type of-shoreline stabilization
Bulkhead Riprap
b. Length / / 9 Z_/,,7 PQ r - -141ee -7`-
c. Average distance w terward of MHW or NWL
d. Maximum distance watorward of MHW or NWL
e. Shoreline erosion during preceding 12 months
4,1
(Source of information)
f. Type of bulkhead or riprap material lea
/ukn b- ,-
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap l
(2) Bulkhead backfill ki m y1. P
h. Type of fill material _A) Aq
i. Source of fill material
4. OTHER FILL ACTIVITIES N /
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No /U
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
AIM - 2 70116
5. GENERAL AA /?
"r°?""d Q07 DCM
w
a. How will excavated or fill material be kept on site
and erosion controlled? e:k e&V u kl-2,? Pry q /
la)/tl bf -?-ruGk-"1 s.Y ,
b. What type of construction equipment will be used
(for example, dragiine, backhoe, or hydraulic
dredge)? 13
A 6 c 7,? V4 oerss c??'l/
1 r / S 0. vl i
?ne used,
??Ca v? f Si•?-,?(a? ? 0. b4cc?GioCr,
c. Will wetlands be crassed in transporting equipment
to project site? Yes ?No
If yes, explain steps that will be taken to lessen
environmental impact. _
t on --' Fr??a 1
Appliamt or Project N
S cure
Date
Revtud 03195
Form DCM-MP-2
EXCAVATION
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.
Average FUW
E*ft Project
Width
Access
channel
(MLW) or (NWL)
Canal
Boat
basin A)/4
Boat
ramp A) I
Rock
groin Al
Rock N /4
breakwater
Other /V ?-
(Excluding
shoreline
stabilization)
B'311,5ZW /1??-s'I-V/
P11021 M
JUN 3 0 2006
Morehead City aCM
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 351„ 1--c, u ,
b. Type of material to be excavated _ 0 d
a h d. s a ,-, ei
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? ??es No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area ex-4 t/4 ksl kv] Q 'k n
Prr-aPp?OJP d ?-t.'J? oJrew-t Cl b. Dimensions of disposal area
SDI
c. Do you claim title to disposal area?
Yes ?No
if no, attach a letter granting permission from the
owner. -C h -e d
d. Will a disposal area be available for future
maintenance? j?fYes No
If yes, where?
Ail -Ptikr LQ 11e - g r 4A, A [Z P4
v
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes ?No
f. Does the disposal incl de any area in the water?
Yes No
?i
If yes, iU ? JUN 3 0 2006
(I) Amount of materi to be placed in the
water AA 04A4.91 pq
M
(2) Dimensions o
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
'/ Bulkhead Riprap
b. Length 11 e A, 'a r-04 r- -0;- ,P 24-
c. Average dis;arp aterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information) ti 4,04
f. Type of bulkhead or riprap material
1 11 rH hp-
6-g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap Al
(2) Bulkhead backfill h 0 h ee,
h. Type of fill material A/
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? ??
Yes No
Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No 1v 1j4
If yes,
(1) Dimensions of fill area IA
(2) Purpose of fill 41.77
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? ? e y yAe e-?
6
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
CKC4*Vdt 1t/r. 1'6a'4- a J? a??lidC
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes ? No
if yes, explain steps that will be taken to lessen
environmental impacts. W /14
A? ,14-1
Appliptnt or Project tfam
Q6t6re (J
Da ?
ReAsed 03/95
Form DCM-MP-2
EXCAVATION
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.
Average Fled
Bad AN Frojed
Access
channel
(MLW) or (NWL)
Canal N IA-
Boat basin
Boat
ramp
Rock N
groin
Rock N /A
breakwater
Other ?l l k
(Excluding
shoreline
stabilization)
JUN
Moreheaa Ci
t? ?CA4
1. EXCAVATION
a. Amount of material to be excavated fr m below
MHW or NWL in cubic yards
el-
b. Type of material to be excavated m u d a n d/ sR n?
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 N/
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area &L'a Lla'led r??Qe??? ?
a_Ppro ?e c/ /7,? !7 5 r? N sT,
b. Dimensions of disposal area
c. Do you claim title to#isposal area?
Yes ? No
If no, attach a letter granting permission from the
owner. #?4[_Q r k e aK
d. Will a disposal -K' be available for future
maintenance? ?Yes No
If yes, where?
A-r:tur a P- atiP r
Revised 03195
0 r,... "*404, I I
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes k"'No
f. Does the disposal inclWa any area in the water?
Yes No
Jv?
Mpr?h 8 2000
If Yes, (U / dad C
(1) Amb? of material to be pla'*i
water A) ? 7q_
(2) Dimensions of fill area 41
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type o?oreline stabilization
p! Bulkhead Riprap
b. Length /? 9 l 'h e r -t- f e -
I-c. Averagdistance waterward of MHW or NWL

d. Maximum distance waterward of MHW or NWL
.42 //4- -
e. Shoreline erosion during preceding 12 months
AZ /A
(Source of igformdon)
f. Type of bulkhead or riprap material T/ex_??_
/umh?-r'
9.
Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material V/1 4
i. Source of fill material Al k
4. OTHER FILL ACTIVITIES /"n W
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? /I//,#-
Yes No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands? ?, /?
Yes No ?l/ <
if yes, /?
(1) Dimees s of fill area
(2) Purpose of fill
S. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? C-Xea024-
ma r /a I w.' 11 be '7Ygr d
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
d edge)?
',hac L'ef- r4? 6a:?Ee "Dracess w'l/
ga- a' I Gtr 110' C ti u 1?, ` l j 2?1 Q Yl c°J?!'4 bk +b
Idr V-d a- •6aele hde.
c. Will wetlands be crassed in transporting equipment
to project site? Yes No
if yes, explain steps that will be taken to lessen
environmental impacts. /V
A
?-1-) a n i„ t'- "a irelApplicant or Project Nalne
S
n ?aa
Date
Revised 03195
Herbert Page
5417 Highway 24
Newport, NC 28570
June 6, 2006
To Whom It May Concern:
City
I am the owner of property located at Arthur Lake (Mining Permit #19A-27).
I have given my permission to Anthony Futral to dispose of excavated materials on this
property. I understand that the excavated materials will be dredging spoils to be taken
from Rocky Run adjacent Mr. Futral's residence located at 101 Cape Point Boulevard,
Cape Carteret. I understand that the purpose of the dredging is to create an access channel
from Mr. Futral's property to the existing channel.
If additional information is required, please feel free to contact me at 252-240-9028.
Sincerely,
Herbert Page
1104
PROJECT DESCRIPTION
Anthony Futral
101 Cape Point Boulevard
Cape Carteret, NC
Carteret County
R9 FOUVED
JON - 8 ?006
Morehead City DCM
The project will serve a single-family residence located at 101 Cape Point Boulevard in
the Cape Point Subdivision in Cape Carteret, North Carolina. The project consists of
construction of a dock, bulkhead, and excavation of an access channel to connect the
shoreline and existing channel in Rocky Run. In addition to the residence, other
structures located on the project site include a concrete drive, wooden fence, and
accessory storage building.
The dock will measure 8' x 30' and will be constructed of treated lumber. The pier will
be located more than 15' from the adjacent riparian properties. A bulkhead,
approximately 118' long, is also included. The bulkhead will be installed to a sufficient
depth to support excavation without breaching.
The area to be excavated averages 83' x 42' into Rocky Run. Final water depths will be
approximately 3' below NLW, which will be approximately 4' from mean sea level. The
proposed depth of the dredged area will match the existing depth of the channel. The
proposed dredging will not impact coastal wetlands. All dredging activity will remain a
minimum of 10' from existing marsh.
The property owner will utilize a "bucket to barge" 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 Herbert Page. Enclosed with this application is a letter
from Mr. Page granting permission to dispose of the spoils on his property.
Previous state or federal permits •?
Anthony Futral JUN - 8 ZOOG
101 Cape Point Blvd. Morehead
Cape Carteret, NC CIy
Carteret County
1. Stormwater Permit #SW8 991022 Modification issued to Sherrell Futral,
Bluewater Investors, Inc. on 10/20/2000 for the Cape Point Subdivision.
2. CAMA exemption # WO-21-03 issued to Anthony Futral for construction of a
single-family dwelling, storage building, concrete drive, and minor land
disturbance.
VD/ V:J/ LVVV UV...J
June 3, 2006
To Whom It May Concern:
.Anthony D. Futral
101 Crape Point Boulevard
Cape Carteret, NC 28584
CUIZI&I'49
Morehee(y
City oc&l
I hereby authorize Kathy Vinson, AICP and John Freshwater, PE to represent me and
apply for CAMA permits to develop my property located at 101. Cape Point Boulevard,
Cape Carteret, North Carolina. This authorization extends to all permits and
authorizations required by local, state, and federal agencies that may be required as part
of the permitting process.
1 also authorize release of information related to the project site to Ms. Vinson and Mr.
Freshwater, including boundary surveys, topographic maps, and results of wetland
delineation and soil permeability tests.
If you have questions or need additional information, please contact the at 252-393-4566,
Antho i.JL JJ`1 / C?JL LL LPL rvn i ?i? uul?v?i ...?
$incer yAutral

Herbert Page
5417 Highway 24
Newport, NC 28570
June 6, 2006
To Whom It May Concern:
I am the owner of property located at Arthur Lake (Mining Permit #19A-27).
1 have given my permission to Anthony Futral to dispose of excavated materials on this
property. I understand that the excavated materials will be dredging spoils to be taken
from Rocky Run adjacent Mr. Futral's residence located at 101 Cape Point Boulevard,
Cape Carteret. I understand that the purpose of the dredging is to create an access channel
from Mr. Futral's property to the existing channel.
If additional information is required, please feel free to contact me at 252-240-9028.
Sincerely,
Herbert Page
tic
AU(:? - 2 2006
Morehead City DCM