19930419 Ver 1_Complete File_19930604

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 22 , 1993
Regulatory Branch
Action ID. 199302233
Mr. Luther Apperson
Post Office Box 625
LaGrange, North Carolina 28551
Dear Mr. Apperson:

WEIL
By copy of North Carolina Department of Environment, Health and Natural
Resources letter to you of July 6, 1993, we have learned that State
authorization for you to construct a riprap seawall and place fill material in
wetlands adjacent to Taylors Creek, Beaufort, Carteret County,; North Carolina,
has been denied. Under the administrative rules of our regulatory program,
denial of required State authorization precludes favorable consideration of a
Federal permit. Accordingly, your Department of the Army application is
hereby denied, without prejudice, and your file has been retired.
Mr. Scott McLendon of my Wilmington Field Office staff is available to
answer any questions you may have or to assist you in developing a revised
plan. He may be reached at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
w/John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516 _
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
e - . .
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199302233
June 4, 1993
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
6
Reference the application of Mr. Luther Apperson for a Department of the
Army permit to construct a riprap seawall and place fill material in wetlands
adjacent Taylors Creek, Beaufort, Carteret County, North Carolina.
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:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. All backfill materials will be obtained from a highground source and
confined landward of the permitted riprap seawall.
c. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
d. The permittee will 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.
e. 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 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
t . , ,
-2-
Copies Furnished:
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 5, 1993
Regulatory Branch
Action ID. 199302233
Mr. Luther Apperson
Post Office Box 625
LaGrange, North Carolina 28551
Dear Mr. Apperson:
On February 11, 1991, we renewed general permit No. CESAW-CO80-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received April 27, 1993, for Department of
the Army authorization to construct a riprap seawall and place fill material
in wetlands adjacent Taylors Creek, '0aufogt, Carter"et County4 North Carolina,
indicates it to be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your application will
be accomplished by the North Carolina Division of Coastal Management.
Comments from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199302233
and will be coordinated by Mr. Scott McLendon in our Wilmington Field Office.
He is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

--f 355 t Y ?! 7lrY:!R x, i f 3.

J
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
s
Post office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post office Box 769.
Morehead City, North Carolina 28557

S
-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by June 7, 1993. Also, a copy of
this information must be sent to the North Carolina Division of Environmental
Management to enable them to adequately evaluate your application for a Water
Quality Certification pursuant to Section 401 of the Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Scott
McLendon, Wilmington Field Office, Regulatory Branch, 'telephone (919)
251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
Mfr ' John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional office
North Carolina Division of
Coastal Management
Post office Box 769
Morehead City, North Carolina 28557
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Post-ItIm brand fax transmittal memo 7671 # of pages ?
To From
co. co.
Dept. Phone #
Fax # Fax #
June 7, 1993
Mr. Luther Apperson
P.O. Box 625
LaGrange, N.C. 28551
Dear Mr. Apperson:
Subject: Proposed fill in Wetlands or Waters
Shoreline stabilization
Carteret County
DEM Project # 93419
Upon review of your request for 401 Water Quality Certification to place fill material in
0.03 acres of wetlands or waters which are tributary to Taylor's Creek for riprap and back fill
located at your property, Front Street Beaufort in Carteret County, as described in your
submittal dated 30 April 1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2665 issued January 21, 1992. A copy of the General
Certification is attached. This Certification may be used in qualifying for coverage under
Corps of Engineers' Nationwide Permit No. 13.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
P story. Howard, Jr. P.
93419.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
°"Mr. John Dorney. :
Central Files
John Parker, Division of Coastal Management
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
JUN-03-193 THU 15:46 ID:DIU OF COASTAL MGMNT TEL NO:C919) 733-1495 #t625 HUI
John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPQRT MM RECOMMENDATIONS
REVIEWER: GREGSON
WQ SUPERVISOR: ADKINS
L
DATE: May 2 - 93
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 93 PERMIT NO.! 93333 COUNTY: Carteret
PROJECT NAME: Luther Apperson
PROJECT TYPE: Riprap PERMIT TYPE: CAMA
CON #: N/A DOT#e N/A
RCD FROM CDA: DCM DATE FROM CDA: April 26, 1993
REG OFFICE: WiRO RIVBR ANn SUB BASIN#: 030504
*STREAM OR ADJACENT WATER BODY: Taylor Creek
CLASS: SC STREAM INDEX #: 21-34
*OPEN OR CLOSED: Closed
WL IMPACT: Yes WL TYPE: SK
WL REQUESTED: 0.003 WL ACR EST: No
HYDRO CNECT?: Yes WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to place riprap
and fill waterward of the existing seawall.
WATER QUALITY CERT. (401)
CERT_ REQ'D: Yes
IF YES, TYPE: General Certification #2665
SEW 600 PxSkOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF F2LL - WATER: N/A WETLAND: 150 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? No
pREAGIN4
IS DREDGING ACTIVITY EXPECTED
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY
TO CAUSE A SIGNIFICANT LOSS
ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(.ATTACH A MARINA USE ATTAINABILITY EVAL.)
JUN-03-193 THU 15:47 ID:DIU OF COASTAL MGMNT TEL NU: CJ1'3) Y-S-5-14'Jb Rb2n re2

93333 May
Page Two
Y ern
L
RECOMMENDED CONDITIQNS OR )?BRMIT RESTRXCTIONS: That the project
be done in such a manner so as to not cause turbidity outside the
immediate Construction area to exceed 25 NTU.
Cc: Central Files
Wilmington Regional. Office Files
DCM-W- David Noble
John Parker
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Luther Apperson
2. LOCATION OF PROJECT SITE: 102 Front Street, Taylors Creek, Beaufort, Carteret County
Photo Index - 1989: Taylors Creek #8 1984:,33-1204 (0-20)
State Plane Coordinates - X: 2699800 Y: 365100
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/93
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received - March 29, 1993
Office -Morehead City O
6. SITE DESCRIPTION: APR 3 0 1993
(A) Local Land Use Plan - Town of Beaufort
Land Classification From LUP - Developed/Conservation WETLANDS GRou?
(B) AEC(s) Involved: ES, CW WATER UA! ITY SECTION
(C) Water Dependent: NO
(D) Intended Use: Private
(E) Wastewater Treatment: Existing Town system
Planned - SAME
(F) Type of Structures: Existing - Riprap, pier
Planned - Additional riprap & fill
(G) Estimated Annual Rate of Erosion: -0-
Source - Bulkheaded
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands 150 sq. ft.
Spartina alterniflora
(B) Non-Vegetated Wetlands
NONE
(C) Other 600 sq. ft.
Highground
(D) Total Area Disturbed:
(E) Primary Nursery Area: NO
(F) . Water Classification: 'SC' Open: NO
8. PROJECT SUMMARY: The applicant proposes to fill a 50' x 12' area adjacent to Taylors Creek, in
the Town of Beaufort, Carteret County.
FIELD INVESTIGATION REPORT:
LUTHER APPERSON, CARTERET COUNTY
PAGE #2
---------------------------
9. NARRATIVE DESCRIPTION: The applicant's property is a 1/8 acre tract located
on Taylors Creek, at 102 Front Street, in Beaufort, Carteret County. There=is a
concrete pier on the property, as well as a concrete seawall and riprap. In the area
from approximately MLW up to the existing seawall (approximately 12' x 50') there is
scattered old riprap and scattered patches of Spartina alterniflora. In this 600 sq. ft.
area, there is approximately 1/4 of the area vegetated with Spartina alterniflora.
The applicant proposes to riprap and fill waterward of the existing seawall out to
approximately MLW. This will require the filling of an area of approximately 600 sq.
ft. of which approximately 150 sq. ft. of this is S artina alterniflora.
In 1985, the applicant proposed a similar project, but at the time, there was a denser
stand of approximately 750 sq. ft. of S artina alterniflora. It appears that erosion
caused by the bulkhead and deposition of trash and debris may have decreased the
density of the wetland vegetation.
A permit was issued (#174-85) for reconstruction of the pier, but the bulkhead and fill
area was conditioned to be constructed landward of the wetland area. The applicant's
objective in filling this area is to "clean it up" and eliminate an area which traps trash
and debris on high tides.
10. ANTICIPATED IMPACTS: Constructing the project as proposed will require the
filling of approximately 150 sq. ft. of sparsely vegetated S artina alterniflora.
The waters of Taylors Creek are classified as 'SC' by the Division of Environmental
Management and are closed to shellfishing by the Division of Environmental Health
and Division of Marine Fisheries.
PREPARED BY: W. DAVID NOBLE
DATE: April 26, 1993
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects. b.
1 APPLICANT
_ c.
a. Name ? a7Xel /?!?l? c'rsc?y.?
Address 1-% CJr?7s /v S?
City a ?a"Y1yi State
Zip,?1 Day phone y S 4 i1-3
Landowner or Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street add--ress or seconda road number
-}
b. City, town, community, or landmark
E'
c. County
d. Is proposed work within city limits or planning
jurisdiction? 4,,e 5
e. Name of body of water nearest ??roject
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). Ln Y,& e, ,tS ??, 1, a 5'N a .• Ll
VF I
3;91
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
Is the proposed activity maintenance of an
existing project, new work, or both?
Will the project be for community, private, or
commercial use?
1'Yi vary.
d. Describe the planned use of the project.
7-e dcc lL
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) Y&" c 7 G
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract
f. Man-made features now on tract y? cew.Y r 71 r,
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
/T
j. Hasa professional archaeological survey been
carried out for the tract? If so, by whom?
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
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
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?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").
m. Water supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
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 proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
2 3/91
f. Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance?
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
in. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands?
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap # -"i 4
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 months, in
d. Type of bulkhead material , em SKr o X.,
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material - r a11f"pl yoi ?: c' 7
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 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 work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
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 county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunityDIN `v` 'Q
3/91 .-------- ----------------- 3
Name
Address

Name
Address
Name
Address
6
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
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 ap-
proved Coastal Management Program and will be con-
ducted 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 application and follow-up monitoring of
project.
This is the day of o7? , 19
X ,t
Landowner or Authorize agent
4 3/91

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