19890039 Ver 1_Complete File_19890101

I
, "X
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary April 11, 1989 Director
Mr. Francis E. Brown
308 Winesett Circle
Plymouth, NC 27962
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead and Filling of
Boat Basin
Francis E. Brown
Albemarle Sound
Washington County
Dear Mr. Brown:
Attached hereto are two (2) copies of Certification No. 2327
issued to Francis E. Brown dated April 11, 1989.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
y
/ ?kl-
?R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
-1r. William Mills
Mr. John Parker
Pollution PrCvcntion Pods
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Washington County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Francis E. Brown pursuant to
an application filed on the 10th day of February, 1989 to construct a
bulkhead and fill in an existing boat basin.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Albemarle
Sound in conjunction with the proposed construction in Washington County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
2. That the fill material be clean material from an
upland source and free of any toxic pollutants.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 11th day of April, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
/?. Paul Wilms, Director
WQC# 2327

rygs/t?;,a STATE' o
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary April 11, 1989 Director
Mr. Francis E. Brown
308 Winesett Circle
Plymouth, NC 27962
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead and Filling of
Boat Basin
Francis E. Brown
Albemarle Sound
Washington County
Dear Mr. Brown:
Attached hereto are two (2) copies of Certification No. 2327
issued to Francis E. Brown dated April 11, 1989.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
c
/i
?. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. John Parker
Pollution Prcrcntion Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

:r
NORTH CAROLINA
Washington County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Francis E. Brown pursuant to
an application filed on the 10th day of February, 1989 to construct a
bulkhead and fill in an existing boat basin.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Albemarle
Sound in conjunction with the proposed construction in Washington County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
2. That the fill material be clean material from an
upland source and free of any toxic pollutants.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 11th day of April, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
/2. Paul Wilms, Director
WQC# 2327

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ASS.4.t:,1li::.1.1 TO: 1)(a::' JOINT NOTICE: Y
TYPE CERTIFICATION RECOMMEN D DATE.-.,*..' YYMMDD
404 PN: 40i 1;4:::(:7: Y ISSUE: Y RECEIVED : 8902i,)
C;AMA ONLY: -GC: DENY: INITIAL REPORT: 89021'.-.--,'
DF/C:AMA : r .:.l::t:::P: S WPR1:::(>} . 1101 D: FINAL RE PORT: 990401.*1
Ri::.i.;l:-:i:'',+'.f:i'G ,.i'Rf:::AM: Al...:t:il:::MrtR(...E SOUND CLAS S: SB BASIN: PAS
COMMENTS:
SITE LOCATED 11::.D 4'L: 1343, ALBEMARLE BEACH
PROPOSAL TO BULKHEAD AND PARTLY FILL A MANMA DE BOAT BASIN WITH 1::: X :L ;:i' . T. ;I N is
DETERIORATED BOAT RAMP
SITE INVESTIGATION ON 4/5/89
COPIES: i,:ll::t4':(:T....C:I:: N T'RAi.......i4:i:l...I...,';:....Iit. H
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DIVIS,IOiy OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
Comment concern/ ng n of 1 cat on for State Feder 1 C P rm t(s) from r1?1(?S

G(?? ', c - r ?_ ?? c, y.r moo.%j-??` ?;, ; ?? ? Gir,•? ??? /??.?? ? ._.

A. PERMIT:
This office cannot comment on this project until after the close of the Section
X401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions:
That the activity be conducted in such a manner as,to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.

Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification ???ac d
/7 /
f
or a
ter
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid '1983, for incidental bridge
effluent from diked upland disposal
areas. / construction.

WATER QUALITY SECTION
DIVIS ION OF ENVIRONMENTAL MANAGEMENT.

- NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Cbm-comity Development hereby gives
public notice as required by N.C.G.S. 113A-119(b) and 143-215 3(a)(1)(c) that
Francis E. Brown of Plymouth, N.C.
filed an application on 30 January 1989 for a permit from the
Division of Coastal Management to develop in an Area of Environmental Concern
and for certification from the Division of Environmental Management that a
discharge of fill material in project wetlands will not violate applicable
water quality standards.
According to said application, Mr. Brown proposes to bulkhead and partly fill
a manmade boat basin with existing deteriorated boat ramp. The project site
is located at Albemarle Beach on Albemarle Sound in Washington County.
A'copy of the entire application and additional information may be examined
(or copies furnished upon request and payment of reproduction costs) during
normal business hours of the Division of Coastal Management, 1424 Carolina Avenue,
Washington, N.C., and/or the Division of Environmental Management, 1424 Carolina
Avenue, Washington, N.C.
The Division of Environmental Management proposes to take final action on
this water quality certification on or before 31 March 1989
The issuance of the CAMA Major Development permit and the Section 401
Certification may deviate from this projected date depending upon the nature of
the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in writing to Mr. George
Everett,,. Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C.
27611 prior to
16 March 1989
for consideration in the CAMA permit
decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box
27687, Raleigh, N.C. 27611 prior to 16 March 1989 for consideration
in the water quality certification decision. Later comments on the LAMA
application will be accepted and considered up to the time of permit decision.
Project modifications may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will
be provided upon written request.
Please publish on 1 March 1989 in Roanoke Beacon

FEB 1 I i;09
IWATEt;
OD 13Y ?,r{,iil)fL RA
0,-
Memorandum
To: Jim Mulligan
From: David Gossett
Subj: Application for CAMA Major Permit and/or Dredge & Fill Permit
Francis Eugene Brown
Washington County
Date: 9 February 1989
Attached is an application for a CAMA Major and a Dredge and Fill Permit which
was received by me on 30 January 1989. I am considering this application
complete, have acknowledged receipt, and have begun processing.
If you have any questions do not hesitate to contact me.
OFFICE OF COASTAL MANAGEMENT Lat: 35° 56' 40" N
FIELD INVESTIGATION REPORT Long. 76° 38' 10" W
1:
2.
3.
4.
5.
Applicant's name Francis E. Broi(m --
Location of project site Washington County, SR 1343, Albemarle Beach, Albemarle
Sound. photo ref. #12-18-84, 102-926,'D-16
Investigation type: Dredge & Fill" X CAMA X
Investigative procedure: (A) Dates of site visit 2-7-89 _
(B) Was applicant present -- No'
Processing procedure: Application received 1-30-89 , Office Washington
6. Site description: (A) Local Land U©e Plan Washington County
Land claasification from LUP Conservation'
Development constraintq identified in LUP' None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands Public trust waters
Estuarine waters X Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public Private X Commercial
(E) Type of wastewater treatment: Existing 'Septic tank
Planned None
(E) Type of structures: Existing 'Single family dwelling bulkhead and s1p+-er;nrat-pr]
Planned Bulkhead boat ramp
(G) Estimated annual rate of erosion None Source DCM staff observat-;on
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
None
(B) Non-vegetated wetlands:
(C) Other:
Highground area
Open water area
(D) Total area disturbed:
+ 180 sq.ft.
+ 260 sq.ft.
+ 440 sq.ft.
8. Project summary The applicant is proposing to bulkhead and partly fill a manmade
boat basin with existing deteriorated boat ramp.
Environmental settin
The applicant owns two adjoining lots each approximately 63' wide by approximately
185' long at Albemarle Beach on the Albemarle Sound in Washington County. Located
on lot no. 1 is a single family dwelling and a manmade boat basin which is + 54.0'
long by + 15.3' wide and which is connected to the Albemarle Sound. At the southern
end of the basin is a deteriorated boatramp. Lot no. 1 is bulkheaded along the
sound sroreline and along the sides of the boat basin. Lot no. 2 is vacant, however,
it is also bulkheaded. As a result of the bulkheads essentially no erosion is occur-
ring on the property except near the boatramp where no bulkhead exists. Besides
the applicant's lot being bulkheaded, essentially all of the Albemarle Beach
Subdivision is bulkheaded several thousand feet east and west of the applicant's
property.
No wetland vegetation exists on the property, and the vegetation which does exist
consists of upland lawn grasses.
Project proposal
The applicant is proposing to partially bulkhead the boat basin and to backfill
overtop the deteriorated boatramp. The bulkhead will be 15.3' in length and will
be connected to existing bulkheads on each side of the basin. The proposed
bulkhead will average and will be a ma.Yimum of 17' beyond the NWL and will be
+ 29' beyond the highwater erosion scarp. The boatramp to be filled consists of
broken concrete and steel.
Environmental impact
The project as proposed should have a minimal environmental impact. + 260 sq.ft.
of open water area within a manmade basin which is attached to the Albemarle sound
will be filled. The project will cause no navigation problems and will not be
constructed out of alignment of adjacent bulkheads.
No vegetated wetlands will be filled.
David L. Gossett - Washington Office - 9 February 1989
3\\
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Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
1 APPLICANT }
a. Name _ R,9 NC I $* ECf C tk 0 W /V ?J
4
L
f
Address309 f nl e S i Rc
P_
(
City h_ State
' Al, ef
Q'
' _

1 ?
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Zip Day phone -Z- /
t
Landowner or
) Authorized agen
b. Project name (if any)
A/44
c. If the applicant is not the landowner, also give
the owner's naipe and address.
It n
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SIR !{ 3
b. City., town, community, or landmark
FL6t- C - C t Lam, PA;LLs
c. County 1d QSZ, d oAl
d. Is proposed work within city limits or lannin
jurisdiction? < <'
e. Ka me of ody o water nearest project
A[ 6emQRLe 600 Jd
3 DESCRIPTION AND PLANNED
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead) or pier). /
a' ?v : ti
-t e e
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting pro ect, new work, or both?
)i0 ry
c. Will the project be for community, private, or
commercial use?
1-"q 1, UA?e
d. Describe the planned use of the project.
?/?NS/rlEnr AL 4?yn/
4 LAND AND WATER
CHARACTERISTICS: s
a. Size of entire tract
b. Size of individual lot(s) X d
c. Elevation of tract above ean se. RQr Na-
tional Geodetic Vertical Datum tf
d. Soil type(s) and texture(s) of tract -
CoAl zc f? - Ar4 v ` ! Nt ?eJC
e. Ve,getat. n on tract J
Q rl4 SS ;( (, (_Z2 e
f. an `oad feat r now on O Ant
r??9_ ?J l< GR ?i ? ?
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed 5 Community
Rural Other
h. How is the tract zoned by loc 1 g vemment?
n ec??, < <
/Vo 7_
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? //0
If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
upland development. /VIA
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
C. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from
asphalt, or concrete, to be used for paved below water level in cubic yards NOA16
surfaces. c. Type of material/A
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater mana ment land, swamps, or other wetlands? NJ?I
plan been submitted to the Divisio of En- e. High ground excavation, in cubic yards oa
vironmental Management? f. Dimensions of spoil disposal area L %?L
i. Describe proposed sewage dispo and/or waste g. Location of spoil disposal area 6-12
water treatment facilities.
h.
Do you claim title to the disposal area?RZ Z onjl ??
A10 d sspoS,14 ,Pdyu%Re d
j. Have these cilit hr eceived state or local If not, attach letter granting permission from
approval? the owner. /V A
k. Describe exists g t ent facilities. i. Will a disposal area be available for future
maintenance?/ A/?A
If so, where? n
j. Does the disposal area include any marshland,
1. Describe location nd type of discharges to swamplland,'or water areas?
waters of a state or example surface runoff, k. Will the fill material be place below mean
sanitary astewater, industrial/commercial
")
ffl
"
h d
1 high water? $
f ill in cubic
ards qO, aS
A
t
own
.
e
uen , or
was . y
moun
o
_
m. Type of fill material
?-
n. Source of fill material A -'o /VG.
m. Wa -r supply source o. Will fill material be placed on arsh or of er
n. If a project is oceanfront development, wetlands? NZ9
d /scribe the steps that will be taken to main- p. Dimensions of the wetland to be filled
in established public beach accessways or pro- q. How will 4xravacednP f material be kept on
j
vide new access. site and erosion controlled? e
A
14
0
;v
, ",
v e,
0- Qe ?q 16
i ff
o.
If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of p e i=va-
ti=r=r fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (b=air,
fir,
boat ramp,
Fill placed in
wetland or below
MHW
Length Width Depth

1- 571

Upland fill
areas
, L? fo ?P QROUr Z '??fJ
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge ? , _-T 4'1 LL. f??C fb.P (.!)m?
fo DySZ :LG
s. Will wetlands be crossed in transporting equip-
ment to the project site?tJ_0_ If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
E -1 9HOI1,EIJNE:S'I 101,1-1Z
z
a. Length of bulkhead or riprap_
5 b. Average distance waterwarc) of mean high water
or normal water level //
c. Shoreline erosion during preceding 12 months,
in feet O -? (--
d. Type of bulkhead materialO r ?Zulaa5ape-
e. Amount of fill, in cubic yards, to be placed ReJ16-14
below mean high water ' • 2_2- Gv CY
f. Type of fill material -LA ' -4 •LT
%
K C? vrc: ?........ -
,A.DDITIO. AL INFORMATIO'+l
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project. /??IpAeJ
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 V2 x 11 white paper. (Refer to Coastal
Resources Commission Rule 7j.0203 for a detailed
description.) )? //,9 G/: e d
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.o,,?J
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management. All q
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days ;n which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the ermit application to them by
registered certi ied mai This notificatioll is re- /
quired by G. 1J. 1 - 29(d). Aecc- ;O/s A
Name , OX U
Address c-;:?, A/ A90: N Via-
Name -
Address
Name _
Address
19e /V -
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates. IVOnrE
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the cos of processing the
application. e N G L, O Se d
A signed AEC hazard notice for projects in ocean-
front and inlet areas. 1\)14
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10). NI
9 ('L'E?` I.FIC,t`TI( )j 4 AND ITIR1IS-
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further 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 ap-
plication and follow-up monitoring of project.
This is the . Y_¢¢'-day of 79 a? a R t? ,
Landowner or Authorized a9 nt
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.

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cL J 41
h J
d
Q
y 0
Q?
Q