20040029 Ver 1_COMPLETE FILE_20040109

IVIRMUei r. nasiey, vuveruur
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C!j 1'3 Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 15, 2004
DWQ# 04-0029
Pasquotank County
Mr. James Mason
500 N. Poindexter St.
Elizabeth City, NC, 27909
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mason:
You have our approval, in accordance with the attached conditions, to fill, shade or otherwise disturb 0.25 acres of
Public Trust Shoreline and Public Trust Area in order to build two piers, two boathouses, one gazebo, bulkhead, single
family dwelling with outbuildings, and a driveway on your property (Lot 15, Pailin Creek Landing) on Pailin Creek and
Newbegun Creek in Pasquotank County, as described in your application received by the Division of Water Quality on
January 9, 2004, and in additional correspondence received March 8, 2004. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3400, which can be downloaded from our
web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by
the NC Division of Coastal Management. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply
Watershed, Coastal Stormwater and U.S. Coast Guard regulations. Also this approval will expire when the accompanying
CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application elf yw, ichange your
project, you must notify us in writing and you may be required to send us a new application.for a=new certifiieatlon. If the . ?-
property. is sold, the new owner must be diven.a copy of the Certification and approval lettenand is.,-thereby responsible for :,, ..
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one.acre tbom.' pensatory
mitigation may be required as described in.15A NCAC 2H .0506 (h). -For this approval to bevalld y0la1mu'stfDll0w the
conditions listed in the attached certification and the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in
the 401 Certification has been completed;
2. This property shall not be used as a commercial marina or expanded to create a commercial marina;
3. The Environmental Protection Agency's Spill Prevention Control and Countermeasures plan shall be developed
and implemented for the site for fuel facilities located onsite;
4. 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 Manual.
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 Manual. 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 Mining Manual,
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
AS
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.ne.us/ncwetlands)
Customer Service #: 1-877-623-6748
Mr. James Mason
March 15, 2004
Page 2 of 2
5. 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 Preconstruction Notice Application. 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;
6. 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;
7. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A
NCAC 413 .0024]; see NCDOT publication, Best Management Practices for the Protection of Surface Waters
(March 1997).
If you do not accept any of the conditions of this certification, 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 conforming 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 Tom Steffens in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].

AW K/cbk
Attachments

cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office .
Central Files
File Copy
Doug Huggett, DCM
Atlantic Environmental Consultants, P.O. Box 3266, Kitty Hawk, NC, 27949
040137
[Fwd: [Fwd: James Mason DWQ No. 04-0029]]
Subject: [Fwd: [Fwd: James Mason DWQ No. 04-0029]]
From: Cyndi Karoly <[e-mail]>
Date; Mon, 08 Mar 2004 09;42;47 -0500
To: Chet Buell <[e-mail]>
------- Original Message --------
Subject: [Fwd: James Mason DWQ No. 04-0029]
Date:Mon, 08 Mar 2004 09:27:04 -0500
From:Cyndi Karoly <cyndi.karoly(a-),ncmail.net>
To:tom. steffens(uncmail.net
------- Original Message --------
Subject:James Mason DWQ No. 04-0029
Date:Fri, 5 Mar 2004 08:40:00 EST
From:Roxdorman(a-aol.com
To : cyndi. karoly(),ncmail. net
Hello Cyndi,

I received a letter from you dated Feb. 26th, on the behalf of James Mason (DWQ. No. 04-0029). His
project is for residential purposes only. He will not construct more than 10 slips, therefore it is not
considered a marina. He actually did not know for sure where he wanted to put slips so requested more
than he will actually construct. As far as the fuel dispenser, the only place to get fuel is in Elizabeth City.
Pelican Marina use to have fuel docks but were damaged in the hurricane. Mr. Mason has two boats and
uses them often and decided it would be to his advantage to keep fuel on his property in a safe manner.
Commercial services is not allowed within the restrictive covenants for Pailin Creek Landing, therefore
this dock and fueling dispenser would not be used for commercial purposes.
Please let me know if you need additional information and/or /a letter with this information included.
Thank you for your help.
Roxanne Dorman -y ' q -e 't ?av???l? f ?l
f, 67
ej4
kl? ) - i f J-- -J- 4,
S ck) 5))?
?b
1 of 1 ) 3/8/2004 9:45 AM
?C' ?P/- -(U T C ct ?l-]
J- SO 1,2 ?2 C C, S-
\ NA Michael F. Easley, Governor
O R
O0 Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
Cfj t? Alan W. Klimek, P.E., Director
j y Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality
February 26, 2004
Pasquotank County
DWQ Project No. 04-0029
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. James Mason
500 N. Poindexter St.
Elizabeth City, NC, 27909
Dear Mr. Mason:
On January 9, 2004, the NC Division of Water Quality (DWQ) received your application. for a 401 Water Quality
Certification for wetland impacts associated with the construction of a dwelling and other structures and outbuildings on your
property in Pasquotank County. Insufficient information has been provided in order for us to complete our review.
Specifically, please provide the following materials so that we can complete our review of your application with respect to
avoidance and minimization of wetland impacts:
Please indicate whether this project will be completely for a residential area or if it will incorporate a commercial
enterprise. Please note that 2K fuel tanks, dispensers, and mooring facilities for more than 10 slips would indicate a
marina operation. If this is a marina operation, please note that you will need to provide a marina use attainability
analysis to DWQ before approval of the 401 Certification can be considered.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due tp'incomplete::information (1.5A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Tom Steffens in our Washington Regional
Office at 252-946-6481 or Cyndi Karoly in our Central Office in Raleigh at [phone].

cc: Corps of Engineers Washington Regulatory Field Office
Tom Steffens, Washington DWQ Regional Office
File Copy
Central Files
Doug Huggett, DCM
Atlantic Environmental Consultants, P.O. Box 3266, Kitty Hawk, NC, 27949
Sincerely,
V John Dorney
040029

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (ht!p://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WO Supervisor: Racer Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name James Mason County Pasquotank
Project Number 04 0029 County2
Recvd From DCM Region Washington
Received Date 1/9/04 Recvd By Region
Project Type single family house with amenities
Certificates Stream Stream Impacts (ft.)
Class =
Permit Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. supp. Basin Req. Req.
LAMA vegetated WT _0N F_ 30-3-16-(1) SC C Sw 30,150. 0.25 F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
HOLD- Applicant needs to indicate wether this is a commercial or residential enterprise. 2K fuel
tanks, dispensers, and mooring facilities for more than 10 slips indicates a marina operation.
Applicant must file a marina use attainability analysis with DWQ before approval is considered,
cc: Regional Office
Central Office Page Number 1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Mason
2. LOCATION OF PROJECT SITE: Lot 15, Pailin Creek Landing off Toxey Road (SR 1126),
Pasquotank County, on Pailin Creek and Newbegun Creek
Photo Index: 2000: 168-1917 (T-14) 1995: 168-1718 (T-8) 1989: N/A
1984: 121-755 (V-11)
State Plane Coordinates - X: 2843200 Y: 912100 GPS: E010516A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/06/04
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 12/29/03
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pasquotank County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, PTS
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic drain field
(F) Type of Structures: Existing - Old boat ramp, pier, riprap
Planned - Bulkhead, 2 piers, boathouse, 8 slips, single family
dwelling, and outbuildings
(G) Estimated Annual Rate of Erosion: 5 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands Bulkhead:
1076 sq. ft. Walkway:
120 sq. ft.
Public Trust Shoreline impervious surface
5524 sq. ft.
disturbed backfill
& grading
(B) Public Trust Area 660 sq. ft. 3374 sq. ft. shaded
by piers
(C) Upland Development House:
12,374 sq. ft.
impervious surface
FIELD INVESTIGATION REPORT: James Mason
PAGE #2
(D) Total Area Disturbed: 23,128 sq. ft. (0.531 acres)
(E) Primary Nursery Area: No
(F) Water Classification: Pailin Creek C SW, Newbegun Creek SC Open: No
8. PROJECT SUMMARY: The applicant proposes to build two piers, two boathouses, one gazebo,
bulkhead, single family dwelling with outbuildings, and a driveway on his property.
PROJECT SETTING
The proposed project is located at the intersection of Pailin and Newbegun Creeks on Lot 15 off Pailin Creek
Road (private) within Pailin Creek Landing subdivision located off Toxey Road (SR 1126), Nixonton
Township, Pasquotank County. Lot 15 is approximately 48,700 square feet (1.1 acre) in size and has
approximately 394 feet of shoreline along Pailin Creek and Newbegun Creek. The property has an elevation
of approximately 7 feet above normal water level (NWL), has sandy loam soils, and is vegetated with oak and
gum trees. The area has been cleared of undergrowth and nearly all trees as a result of damage caused by
Hurricane Isabel.
The property has a wetland area located along the north property line that is vegetated with cypress and gum
trees. No development is proposed for this area.
The shoreline along Pailin Creek has a delineated 404 wetland fringe area of 1,076 square feet. Two cypress
trees are present in the fringe area. An old concrete slab boat ramp and intermittent bricks and cinderblocks
are present along the shoreline. The wetland area was delineated and planted prior to Hurricane Isabel and it
appears that erosion has occurred.
The shoreline along Newbegun Creek is a typical riverbank with high ground at the creek's edge. Bricks and
concrete cinderblocks have been placed along the shoreline to prevent shoreline. An existing pier 6 feet wide
and 50 feet long is located on this shoreline.
Adjacent property to the north on Pailin Creek is an undeveloped single-family building lot with a wetland
along the shoreline. The adjacent property to the west on Newbegun Creek is an undeveloped single-family
building lot that has brick and concrete cinderblocks along the shoreline.
The waters of Pailin Creek are classified as C SW in this area, and the waters of Newbegun Creek are
classified as SC in this area, and are closed to shellfish taking.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
January 8, 2004
040029
MEMORANDUM:
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James Mason
Project Location: Lot 15, Pailin Creek Landing off Toxey Road (SR 1126)
WETLANDS 1401 GROUP
JAN 0 9 2004
WATER QUALffy SECTION
Proposed Project: Build 2 Piers, 2 Boathouses, 1 Gazebo, Single Family Dwelling with
Outbuildings, Driveway, and Bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 29, 2004. If you have any questions regarding the proposed project, please
contact Frank Jennings at [phone]. When appropriate, in-depth comments with supporting
data are requested.
REPLY:
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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.
SIGNED
DATE
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Mason
2. LOCATION OF PROJECT SITE: Lot 15, Pailin Creek Landing off Toxey Road (SR 1126),
Pasquotank County, on Pailin Creek and Newbegun Creek
Photo Index: 2000: 168-1917 (T-14) 1995: 168-1718 (T-8) 1989: N/A
1984: 121-755 (V-11)
State Plane Coordinates - X: 2843200 Y: 912100 GPS: E010516A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/06/04
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 12/29/03
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pasquotank County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, PTS
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic drain field
(F) Type of Structures: Existing - Old boat ramp, pier, riprap
Planned - Bulkhead, 2 piers, boathouse, 8 slips, single family
dwelling, and outbuildings
(G) Estimated Annual Rate of Erosion: 5 feet
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER

(A) Vegetated Wetlands
Bulkhead: 1076 sq. ft. Walkway:
120 sq. ft.
Public Trust Shoreline impervious surface
5524 sq. ft.
disturbed backfill
& grading
(B) Public Trust Area 660 sq. ft. 3374 sq. ft. shaded
by piers
(C) Upland Development House:
12,374 sq. ft.
impervious surface
FIELD INVESTIGATION REPORT: James Mason
PAGE #2
(D) Total Area Disturbed: 23,128 sq. ft. (0.531 acres)
(E) Primary Nursery Area: No
(F) Water Classification: Pailin Creek C SW, Newbegun Creek SC Open: No
8. PROJECT SUMMARY: The applicant proposes to build two piers, two boathouses, one gazebo,
bulkhead, single family dwelling with outbuildings, and a driveway on his property.
PROJECT SETTING
The proposed project is located at the intersection of Pailin and Newbegun Creeks on Lot 15 off Pailin Creek
Road (private) within Pailin Creek Landing subdivision located off Toxey Road (SR 1126), Nixonton
Township, Pasquotank County. Lot 15 is approximately 48,700 square feet (1.1 acre) in size and has
approximately 394 feet of shoreline along Pailin Creek and Newbegun Creek. The property has an elevation
of approximately 7 feet above normal water level (NWL), has sandy loam soils, and is vegetated with oak and
gum trees. The area has been cleared of undergrowth and nearly all trees as a result of damage caused by
Hurricane Isabel.
The property has a wetland area located along the north property line that is vegetated with cypress and gum
trees. No development is proposed for this area.
The shoreline along Pailin Creek has a delineated 404 wetland fringe area of 1,076 square feet. Two cypress
trees are present in the fringe area. An old concrete slab boat ramp and intermittent bricks and cinderblocks
are present along the shoreline. The wetland area was delineated and planted prior to Hurricane Isabel and it
appears that erosion has occurred.
The shoreline along Newbegun Creek is a typical riverbank with high ground at the creek's edge. Bricks and
concrete cinderblocks have been placed along the shoreline to prevent shoreline. An existing pier 6 feet wide
and 50 feet long is located on this shoreline.
Adjacent property to the north on Pailin Creek is an undeveloped single-family building lot with a wetland
along the shoreline. The adjacent property to the west on Newbegun Creek is an undeveloped single-family
building lot that has brick and concrete cinderblocks along the shoreline.
The waters of Pailin Creek are classified as C SW in this area, and the waters of Newbegun Creek are
classified as SC in this area, and are closed to shellfish taking.
FIELD INVESTIGATION REPORT: James Mason
PAGE #4
The construction of the pier and boathouse on Pailin Creek will result in approximately 1,526 square feet of
Public Trust Waters being shaded.
The construction of the 4 feet wide concrete walkway to access the pier will result in 120 square feet of
impervious coverage within the Public Trust Shoreline.
The construction of the single family dwelling, outbuildings, driveway, parking, and walkways will result in
approximately 12,374 square feet of impervious coverage of the lot outside of the Public Trust Shoreline
AEC.
Temporary water turbidity will occur during construction.
The provision of fueling capability for vessels at these slips will increase the possibility of these waters
becoming acutely or chronically contaminated by hydrocarbons as a result of spills associated with the fueling
of the storage tanks and the dispensing of fuel to vessels.
Submitted by: Frank A. Jennings, III
Date: January 6, 2004
FIELD INVESTIGATION REPORT: James Mason
PAGE #3
DEVELOPMENT PROPOSAL
The applicant proposes to construct a 300 linear feet vinyl and treated wood bulkhead along the shoreline on
Newbegun Creek and along Pailin Creek. The proposed bulkhead placement will be waterward of the
existing wetland fringe and will average 2 feet forward of the NWL. The bulkhead will start at the west
property line, follow the shoreline, and end approximately 55 feet from the north property line.
The applicant proposes to demolish the existing 6 feet by 50 feet pier on Newbegun Creek and construct a 6
feet wide by 136 feet long pier, a 14 feet by 14 feet gazebo at the pier end, a 16 feet by 32 feet boathouse
with a lift and a 6 feet wide catwalk around two sides of the boathouse. Ten mooring pilings are proposed
along the pier and beside the boathouse that will provide docking for 5 small boats for a total of 6 slips. The
water depths in this area range from -3 feet to -5 feet below NWL.
The applicant proposes to construct a second pier on Pailin Creek. The proposed pier will be located in the
area of the old boat ramp and will be 6 feet wide and 115 feet long. The applicant proposes to construct a 16
feet by 32 feet boathouse with boatlift, with a 6 feet wide catwalk along two sides of the boathouse. The
applicant proposes setting 2 mooring pilings along the north side of the pier for a mooring slip for a total of 2
slips. The water depth of Pailin Creek in this area is approximately 4 feet. All piers are to have exterior
lighting on poles or pilings. The proposal for the pier on Newbegun Creek shows 5 exterior lights on pilings
located over the water on the east side, approximately 2 feet from the pier.
Upland development consists of a 6,035 square feet single family residence with three 12 feet by 12 feet
outbuildings, a concrete driveway with parking, and a walkway to the dock on Pailin Creek. The proposed
concrete walkway will be 4 feet wide. Two 4 feet by 10 feet underground fuel storage tanks and a fuel pump
are proposed by the applicant. The fuel pump will be located 30 feet from NWL and adjacent to the proposed
walkway to the pier on Pailin Creek. There has been no indication of whether the provision of the fueling
capability is intended strictly for the private use of the owner, or for commercial purposes.
ANTICIPATED IMPACTS
The construction of the proposed bulkhead will result in approximately 660 square feet of Public Trust Area
being filled and approximately 6,600 square feet of Public Trust Shoreline, Area of Environmental Concern
(AEC), being disturbed by the construction. This area includes approximately 1,076 square feet of a 404
wetland fringe. Approximately 25 cubic yards of fill material will be placed below NWL.
The construction of the pier, gazebo, and boathouse on Newbegun Creek will result in approximately 1,848
square feet of shading of Public Trust Waters AEC.
??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
January 8, 2004
040029
MEMORANDUM:
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James Mason
Project Location: Lot 15, Pailin Creek Landing off Toxey Road (SR 1126)
WFTLANDS 1401 CROUP
WATER QUALITY SECTION
JAN 0 9 2004
Proposed Project: Build 2 Piers, 2 Boathouses, 1 Gazebo, Single Family Dwelling with
Outbuildings, Driveway, and Bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 29, 2004. If you have any questions regarding the proposed project, please
contact Frank Jennings at [phone]. When appropriate, in-depth comments with supporting
data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
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.
SIGNED DATE
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
' Form DCM-MP-1 RECEIVED
APPLICATION DEC 16 np-?
COASTALMANAGEMEM
(To be completed by all applicants) ELIZABETH CITY
b. City, town, community or landmark
Elizabeth Citv
1. APPLICANT
a. Landowner:
Name James Mason
Address 500 N. Poindexter Street
City Elizabeth City State NC
Zip 27909 Day Phone see agent
Fax
b. Authorized Agent:
c. Street address or secondary road number
Pailin Creek Road off Toxey Road (SR1126)
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Naive of body of water nearest project (e.g. river,
creek, sound, bay) Pailin Creek/ Newbegun Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name Atlantic Environmental Consultants, LLC
Address PO Box 3266
City Kitty Hawk State NC
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of a residential home. bulkhead
shoreline with Section "404" wetland fill, piers,
walkway docks, boat slips, boat houses w/lifts
gazebo and sheds
Zip 27949 Day Phone [phone]
Fax [phone]
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Project name (if any) AEC 03-035A
NOTE. Permit will be ismied in name of landowner(), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
c. Will the project be for public, private or commercial
use? private
d. Give a brief description of purpose, use, methods of
constriction and daily operations of proposed project.
If more space is needed, please attach additional
pages. See attached project narrative

E 1d
a. County Pasquotank County -
. Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.1 acres
b. Size of individual lot(s) 1.1 ac
c. Approxiinate elevation of tract above MHW or NWL
a rox. 7 feet
d. Soil type(s) and texture(s) of tract
Mb-Matapeake fine sandy loam, Sd-swamp
e. Vegetation on tract Loblolly pines, oaks, wax myrtle,
gums and bald cypress
f. Man-made features now on tract old concrete slab
used as a boat ramp and pier
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan)
Conservation Transitional
Developed _ Community
X Rural Other
h. How is the tract zoned by local govennnent?
Residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(4ttach zoning compliance certificate, ifapplicable)
Has a professional archaeological assessment been
done for the tract? X Yes _ No
If yes, by whom? Mark Mathis
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) Other section "404" wetlands
If yes, has a delineation been conducted? ves
(Attach documentation, ifae ailable)
in. Describe existing wastewater treatment facilities.
None existing
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.) Surface runoff
o. Describe existing drinking water supply source.
None existin.R
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected 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 site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
P)EC 2 9 )(i`l;
. Form DCM-MP-1
•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 fonn, the applicant
further certifies that such notice has been provided.
Name Stonn of Pasquotank, Inc.
Address 1000 Jovice Drive
Phone Elizabeth City. NC 27909
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on- the project tract. Include pennit numbers,
permittee, and issuing dates.
CAMA Minor Permit issued to James Mason
9/2003
• 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 lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION
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 pen-nit.
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 fiirther certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 13th day of December , 20 03 .
Print Name Roxanne D. Dorman
Signatur ?Q)
Landowner orAitthorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and elate each attachment in the
space provided at the bottom of each form.
are:
0 E C 29
_F
- Form DCM -MP-2
1
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 Final
Existing Project
Access
channel
(MLW)
(NWT,l
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock (rip rap)
breakwater
Other
(Excluding
shoreline
stabilization)
Length ........ ..1,.., ..1,.,,
o N/A -------- -------- -------
N/A -------- -------- --------
N/A -------- ------- -------
N/A -------- ------- -------
N/A -------- ------- -------
N/A -------- -------- -------
N/A -------- ------- -------
SEC
Ai3C
_LiZ CITY
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands? Yes No N/A
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No N/A
If yes, where? N/A

200"i
JM-
i? '
Form DCM-MP-2
j e. Does the disposal area include any coastal
wetlands(marsh), SAVs or other wetlands? N/A
Yes X No
f. Does the disposal include any area in the water?
Yes X No N/A
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length
330'
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
+/ 5 feet
(Source of Personal observation
information)
f. Type of bulkhead or riprap material
Vinyl bulkhead t- `rki? 7-e-V 10coo
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead fill _ ea y d s
h. Type of fill material commercial grade sand
from hi"h round source
1. Source of fill material Commercial
highground source
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site? N/A
Yes
No N/A
If yes,
(1) Amount of material to be placed in the
water N/A
(3) Purpose of fill
N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands? N/A
Yes X No
5. GENERAL
a. How will excavated fill material be kept on site
and erosion controlled? No excavation, fill
behind bulkhead will be placed behind filter
cloth.
b. What type of construction equipment will be
used (for example, dragline, backhoe,
hydraulic dredge)?
Dump trucks and front end loader with box blade
c. Will wetlands be crossed in transporting
equipment? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
AEC #03-035
PP '--Tt or Project Name
Signature
Z 13 Yro 3
Date
'EC ? ? Li

4 Form DCM-MP-3
RECEIVED
DEC 16 20
003 COASTAL h4AIVACaEPIEN1-
UPLAND
ELIZABETH CITY
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form parking.
DCM-MP-1. Be sure to complete all other sections of the Joust
Application that relate to this proposed project. h. Projects that require a CAMA Major Development
Permit
a. Type and number of buildings, facilities, units or
structures
proposed
Residential home, two sheds. generator room, fuel puin?
and two underground 1000 gallon fuel tanks (UST's)
b. Number of lots or parcels 1
c. Density (give the number of residential units and the units
per 1 house per 1.1 acre
acre)
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. backfill 330'x 20'= 6,600 s.f.
driveway & parking = 5,581 s.f
house and sheds = 6,467 s.f,
undergr. Tanks = 80 s.f.
TOTAL Disturbance = 18,178 s.f
e. If the proposed project will disturb more than one acre of
land, the Division of Land Resources must receive an
erosion and sedimentation 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? _ Yes X No
If Yes, date submitted N/A
f. List the materials (such as marl, paver stone, asphalt, or
or concrete) to be used for paved surfaces.
concrete driveway
g. Give the percentage of the tract within 75 feet of MHW or
NWL, or within 575 feet in the case of an Outstanding
Resource Water, to be covered by impervious and/or built-
upon surfaces, such as pavement, buildings, rooftops, or to
be used for vehicular driveways or 15%
may also require a Storinwater Certification. Has a site
development plan been submitted to the Division of
Environmental Management for review?
Yes
X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
On site septic system
j. Have the facilities described in Item i. above received
state or local yes
approval?
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash down"
and residential discharges).
Surface runoff
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
County municipal
in. Will water be Yes X No
impounded? _
If yes, how many acres? N/A
n. If the project is an oceanfront development, when was
the
lot(s) platted and recorded? N/A
AEC #03-035A
licant or Project ii
Signature

Form DCM-MP-4
STRUCTURES
-1 C ?, ? l i t1,f
(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.
e. Mooring buoys N/A
(1) Commercial
Private _ Community
a. Dock(s) and/or Pier(s)
(1) Commercial Private X Community_
(2) Number 2
(3) Length Pailin 120' pier (b.house dock 52')
Newbegiui 136' pier (b.house dock
52') Total length 360 feet
(4) Width 6'
(5) Finger Yes , No X
Piers
(i) Number N/A
(ii) Length N/A
(iii) Width N/A
(6) Platform(s) X Yes No
(i) Number 1 (gazebo)
(ii) Length 14'
(iii) Width 14'
(7) Number of slips proposed 8 slips
(8) Proximity of structure to adjacent riparian property
lines 80' Newbegun and 18' Pailin
(9) Width of water body Pailin 492 feet
Newbegun --1,800 feet
(10) Water depth at waterward end of pier at MLW or
NWL 6' Newbegun and 4.2' at Pailin
b. Boathouse (including covered lifts) 2
(1) Commercial X Private
(2) Length Both are 32'
(3) Width Both are 16'
C. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number N/A
(2) Length N/A
d. Bulkhead (e.g. wood, sheetpile, etc.) vinyl
(1) Length 330 feet
(2) Average distance from MHW. NWL, or
wetlands Ave. dist. from wetlands is 6 feet
(3) Maximum distance beyond MHW, NWL or
wetlands Max. dist. beyond wetlands is 12 feet
(2) Number N/A
(3) Description of buoy (Color, inscription, size, anchor, etc.
N/A
(4) Width of water body N/A
(5) Distance buoy(s) to be placed beyond shoreline
N/A
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) Commercial Community X Privai
(2) Number A, (pilings)
(3) Length 20'
(4) Width 8" dia.
g. Other (Give complete description)
AEC #03-035A
A plicant of Project Name
Signature
. t:;I- -14 -0 .3
Date
FROM :ATLANTIC ENVIRONMENTAL CONSULT FAX NO. :2522612965 Jan. 06 2004 07:06PM P1
PROJECT NARRATIVE - CAMA MAJOR PERMIT
James Mason - Pailin Creek Landing - Pasquotank County, North Carolina
The proposed project is located at the intersection of Pailin and Newbegun Creeks on Lot 15 off
Pailin Creek Road within Pailin Creek Landing located off SRI 126 (Toxey Road), Elizabeth City,
Pasquotank County: Total square footage of Lot 15 is 48,700 s.f. (1.1 ac.).
The proposed construction consist of the following: Water dependant structures within 30'
buffer: Shoreline stabilization with the construction of a 330' vinyl bulkhead with 1,076 s.f. of fill in
Section "404" wetlands. Construction within Public trust waters: Two piers (Pail in Creek 120'
pier with covered boathouse and boat lift (16'x 32'= 512 s.f.); Newbegun Creek 136' pier with
covered boathouse and boat lift (16'x 32' = 512 s.f.) and gazebo (196 s.f) and twelve (12)
mooring pilings 18 boat slips). Upland disturbancefstructures: underground fuel tanks ((2)
4'x 10'= 80 s.f. - propane for residential use and gasoline for boats), residential house 6,035 s_f.;
concrete walkway, driveway and parking 6,027 s.f., two sheds ((2)x 12'x 12' = 288 s.f.), and a
generator room (12'x 12'= 144's.f.).
This project does not include dredging. Submerged vegetation was not present during site visits
and when water depths were taken. Coastal wetlands do not exist on this lot or within this
subdivision. The adjacent shoreline in Pailin Creek is 492 feet away from the proposed 120' pier,
adjacent shoreline in Newbegun Creek is approximately 1,800 feet from the proposed 136' pier
wish 14' gazebo (150' total), therefore, this project is consistent with the with 15A NCAC
07H.0208(b)(6)(iii).' Reflective tape will be placed on the end pilings of both proposed piers for
navigation safety. Boathouses exceed the 400 s.f. limitation to allow for adequate and safe
portage of the 23 foot long boat with anchor platform at the bow and outboard motor (beam of the
boat is 8'.6') (see attached photos).
Concrete will be trucked in and spread forthe walkway, driveway and parking (6,027 s.f.). Docks,
boathouses, gazebo, and mooring pilings will be constructed using hydraulic pump and hand
tools. Mooring pilings will be driven in substrate using a hydraulic pump.
Existing 6'x 54' dock will be removed before construction of proposed pier on Newbegun Creek.
Total impervious area for this project is 12,494 s.f. which includes concrete walkway,
driveway and parking, house and sheds. Total disturbance within 30' buffer: 330'x 20'
(backfill area) = 6,600 s.f.
Total disturbance for the proposed project:
Concrete walkway, driveway and parking 6,027
Two piers (120'x 6') + (135'x 6') 1,536
Decking around boathouses 624
Gazebo (14'x 14') 196
7Wo boathouses (2Q 16'x 32) 1024
Residential home 6,035
Two sheds (2 @ 12'x 12') 288
Generator room (I@ 12'x12') 144
Two underground fuel tanks (2 Q 10'x 4') 80
Total disturbance on highground 18,098 s.f.
Total coverage within Public Trust = 3,380 s.f.
Total '4W' wetland fill =1,076 s.f.
Total disturbance within 30' buffer= 6,600 s.f.
Total impervious coverage for Lot 15 = 26% (12,494 -:- 48,700 =.266)

C

DCM % DWQ
Development Type FEE (143001601 A35100093 1625 6253) 124300 1 602 435100095 2341
I. Private, non-commercial
developmen( that does not Involve
5250 100°%° (5250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
es not involve the filling or
d
$400 100%($400) 0% (SO)
o
that
excavation of any wetlands or open
water areas:
111. For development that involves the
Riling and/or excavation of up to i
acre of wetlands and/or open water
areas, determine If A, B, C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality
$290
100%(S250)
0% (SO)
Certification No.3301 (see attached)
can be applied:
111((3): For public or commercial
if General water Quallty
velopment
d
$400 100% (S400j 0%($0)
,
e
Certification No.3301 (see attached)
can be applied:
iII(C). If Genera( Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM slat(
$400 60% (5240) 40%(S160)
determined that additional review and
itten DWQ concurrence is needed
wr
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) 5400 60%(S240) 40% (5160)
can not be applied:
IV, For development that involves
the filling and/ee excavation of more
5475
60%(5285) 40%(S190)
than one acre of wetlands and/or
open water areas:

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Complete items 1, 2, and. 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
1 Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
James Mason
500 N. Poindexter Street
Elizabeth City, NC 27909
DWQ# 04-0029 Pasquotank
A. Signature
XV"O 17 Agent
13 Addressei
B. Rp?eWV by (Printed Name) C. Dat of Deliver
D. Is delivery address different from item 1?, ? es
If YES, enter delivery address below: ? h!o
3 rvice Type
.Certified Mail ? Express Mail
b
Registered Return Receipt for Merchandise
13 Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
!. Article Number - -- - - - - ----- __-- -- ,
'(rransterfrom sendcela1 7002 2410 0003 0275 4339
Is Form 3811, August 20.01 Domestic Return Receipt 102595-'
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. 0-10-
• Sender: Please print your name, address, and ZIP+4 in this box •
f^
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
I
i s !! ] is J1 s 3. s. Ass. f) is. 1 s. 1 is
t l {trlttfttiftit?3t mittitt11A ?rt?tt iststitf;ilt7i 4E141ttE
Re: hold letters? 040007 Larry Bartley and 04-0029 Jam...
Subject: Re: hold letters? 040007 Larry Bartley and 04-0029 James Mason
From: Tom Steffens <[e-mail]>
Date: Wed, 25 Feb 2004 09:03:05 -0500
To: Cyndi Karoly <[e-mail]>
Cyndi Karoly wrote:
I've got two of your staff reports recommending hold letters, but I'm not sure if
you were planning to write them or if you wanted us to. If you want us to, please
advise. If so, I'm not sure I understand the notes on 04-0007, namely, "Hold for
confirmation of wetlands status." I don't know what is meant and how to interpret
that one into a hold letter. Does it mean there was a question whether the areas
called uplands were really wetlands?
thanks.
Cyndi,
Please add to the James Mason proj, Hold - App: needs to provide a mitigation proposal
for 404, impacts
thanks, ) J -4
r- ??
toms pG( _? ?o
C--,b ?O e" (
d
1 of 1 2/26/04