19931071 Ver 1_COMPLETE FILE_19940203

State of North Carolina
Department of Environment,
Health and Natural Resources 4r
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C)E P N
A. Preston Howard, Jr., P.E., Director
February 3, 1994
Mr. Marion Dilday
P.O. Box 280
Belhaven, N.C. 27810
Dear Mr. Dilday:
Subject: Proposed fill in Wetlands or Waters
Bulkhead construction
Beaufort County
DEM Project #931071
Upon review of your request for 401 Water Quality Certification
to place fill material in 1951 square feet of wetlands or waters which
are tributary to Tom's Creek for bulkhead construction located at East
and Latham Street in Beaufort County as described in your submittal
dated 3 January 1994, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2665. 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 this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall bs final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
931071.1tr
eorpsof Howar Jr. P.E.
Attachment
cc: Wilmington District neers
C orps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
John Parker, Div, 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
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
17 December 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
RECEIVED
WASHINGTON OFFICE
LbLo 1 71993
V. E M.
Applicant: Marion Dilday, James T. Wright, Wachovia Bank & Trust Co. of NC Trustee
for Harriet K. O'Neal, Joanne Hackney
Project Location: Intersection of East and Latham Street, adjacent Tom's Creek, Town of
Belhaven, North Carolina
Proposed Project: To enlarge an existing boathouse, construct a mooring dock, bulkhead and
to perform maintenance excavation within a manmade canal.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 7 January 1994. If you have any questions regarding the proposed project, please
contact David Gossett at 946-6481. When appropriate, in-depth comments with supporting data
is requested.
REPLY This agency has no objection to the projec:i 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.
ate- ? / t_.
Sig 1 Date _
1:3 F= F1
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post-consumer paper
To : John Dorney P F (" 2 8 10
Planning Branch
• DIVISION OF ENVIRONMENTAL UALLITY SECTIOiv _
CAMA/COE PERMIT APPLICATI VIEW
WaRO PROJECT # '73 - U - WQ SUPERVISOR: THOR?E
REVIEWER: SAWYER DATE: / 2 / z// 3
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 P T NO.: COUN'T'Y:
PROJECT NAME : n
PROJECT TYPE: T TYPE: ?/COE
COE # ?
RCD FROM CDA: DATE FROM CDA: / Z 1??14' 3
REG OFFICE: Wi0ii-I
RIVER AND SUB BASIN
STREAM OR ADJACENT WATER BODY: 8,,? 01
6w?
CLASS : :3 e ?.J STREAM IRIDES 3 / - ??
OPEN OR OS ?"
WL IMPACT: WL TYPE:
WL REQUESWL ACR EST:
HYDRO CNECT?: G WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE• G SHEET ATTACHED?
RECOMMENDATION: • -ISSUE SSUE/COND DENY HOLD
STORMWATER PLAN REQ'D: IF YES, DATE APPROVED. Y
PROJECT DESCRIPTION: P A eell?
WATER QUALIFY CERT. (401
CERT. REQ'D: y
IF YES, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOS ED: f
( I? I , PROPOSED, S PTIC ANK ETC.)
TO BE PERM
ITT
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: / Oaoz WETLAND: 9b`/ply,
IS FILL ELIMINATING A SIGNIFICANT USE.
DREDGING z
AREA TO BE DREDGED : 9 D So ?
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? jl,)
MARINA IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? 1'
ARE THE FOLLOWING ADEQUATELY ADDRESSED? /1)Ji!?-
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
DIVISION OF ENVIR MEIFAL MANAGEMENT
MEMORANDUM
' TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
r. .
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews for Stormwater Review
Project: A
Project No.:
Date Receive
F:nA( Date
Description of Project: /
Sew )q#a-a k LO
Comments:
I
DIVISION OF COASTAL MANAGEMENT
R FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Marion Dilday, James T. Wright, Wachovia Bank & Trust Co. of NC
Trustee for Harriet K. O'Neal, Joanne Hackney
2. LOCATION OF PROJECT SITE: Beaufort County, Town of Belhaven, Tom's Creek, Intersection
of East and Latham Street
Photo Index - 1989: 2-83-1, P-10 1984: 80-611, S-14
State Plane Coordinates - X: 20711,200 Y: 658,0400 Town of Belhaven LL
3. INVESTIGATION TYPE: Dredge and Fill and CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9 December 1993
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 10 December 1993
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Belhaven
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Waters, Coastal Wetlands
(C) Water Dependent: Yes - Boathouse, Excavation, Dock
No - Bulkhead
(D) Intended Use: Private Boating Access
(E) Wastewater Treatment: Existing - Town of Belhaven
Planned - None
(F) Type of Structures: Existing - Boathouse
Planned - Boathouse Enlargement, Docks, Bulkhead
(G) Estimated Annual Rate of Erosion: t V
Source - DCM staff observation
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands N/A ±951 sq. ft.
(B) Non-Vegetated Wetlands
(C) Other
Open Water ±9,050 sq. ft. t 1,000 sq. ft.
Highground ±10,500 sq. ft.
(D) Total Area Disturbed: 21,501 sq. ft. (0.49 acre)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC-NSW Open: No
8. PROJECT SUMMARY: The applicant is proposing to enlarge an existing boathouse, construct a
mooring dock, bulkhead and to perform maintenance excavation within a manmade canal.
MARION DELDAY, JAMES T. WRIGHT
WACHOVIA BANK & TRUST TRUSTEE
JOANNE HACKNEY
Beaufort County
Environmental setting
The applicants own a 1.3 acre tract of land adjacent to Tom's Creek at the intersection
of East and Latham within the Town of Belhaven in Beaufort County. Four applicants are
involved in the subject application, three of which are part owners of a ±0.65 acre lot on which
is a boathouse an associated amenities. The other applicant also owns a 0.65 acre lot on which
is a single family dwelling.
The boathouse lot is vegetated mostly with loblolly pines and various lawn grasses. The
50' by 50' enclosed boathouse has been in existence for many years and is constructed atop a
manmade basin which is connected to Tom's Creek. The boathouse is utilized to moor 3
vessels. Water depths within the boathouse an immediately offshore average ±4' 6" at normal
water. Water depths of 6.0' to 7.0' are located several hundred feet beyond the basin and
boathouse.
The dwelling lot (Hackney) is also vegetated mostly with loblolly pines and various lawn
grasses. However, along most of the shoreline is a fringe of Coastal Wetlands, marsh which
is dominated by Spartin cynosuroides, artina patens, ? and is i hli spicata. The majority of
the marsh is growing atop old fill or within various types of rubble that has been historically
placed along the shoreline in an effort to retard ongoing erosion. Also located on the east end
of the property within Tom's Creek is a ± 10' long private pier with a T-shaped waterward end.
Project proposal
The applicants are proposing the following:
(1) The enlargement of the existing boathouse from 50' by 50' to 50' by 56' by
relocating the north wall 6' in a northern direction. Also the existing roof line
will be raised by 8.0' which will make the finished roof line ±18' above the
NWL. A ±20' long by f 12' wide storage shed is to be constructed at the
northwest corner of the new boathouse. t4.0' of this storage shed will be
constructed beyond a proposed bulkhead over the open water area of the basin.
The reason for the boathouse modification is to accommodate a new boat which
has been purchased by Mr. Marion Dilday, the owner of the northern portion of
the boathouse.
MARION DILDAY, JAMES T. WRIGHT
WACHOVIA BANK & TRUST TRUSTEE
JOANNE HACKNEY
Beaufort County
Page 2
(2) The construction of ±278' of bulkhead. The bulkhead will begin at the northwest
corner of the boathouse and will extend in a east, northeast direction along the
property of Mrs. Hackney. The bulkhead will average 3' 6" beyond the NWL
and will be 9.0' at the furthest point. The bulkhead will be aligned on the
waterward side of the marsh on the Hackney property. The marsh will be filled
along with the confined open water area when the bulkhead is backfilled.
(3) The construction of 115' by 4.0' wide dock. The dock will begin at the
northwest corner on the inside and along the relocated wall of the boathouse. It
will extend the length of the boathouse and then 50.0' additional feet east of the
boathouse just waterward of the proposed bulkhead. The dock will be utilized by
Mr. Dilday for mooring.
(4) The maintenance excavation of 50' long by 25' wide area beneath the existing
boathouse within the manmade basin. Approximately 2' of material will be
excavated resulting in a final project depth of -7' at normal water. Also an area
150' long by 52' wide within the access channel leading to the boathouse will also
be excavated. Within this area 2' of material will also be removed resulting in
a final project depth of -7' at normal water. All spoils from the excavation will
be placed on the Hackney lot and will be utilized for landscaping purposes and
for bulkhead backfill.
Environmental impact
The following environmental impacts will occur as a result of project activity:
(1) ±951 sq. ft. of coastal wetlands will be filled landward of the proposed bulkhead.
(2) ±1,000 sq. ft. of open water area will be filled landward of the proposed
bulkhead.
(3) ±9,050 sq. ft. of open water area within the manmade basin will be excavated.
(4) Some short term turbidity will occur during project excavation and construction.
David L. Gossett - Washington Regional Office - 16 December 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.
1 APPLICANT
L Name Marion pilday
Address P. O. Box 280
City Belhaven State N. C.
Zip 27810 Day phone 919-c)41-1141
X Landowner or Authorized agent
SEE ATTACHED LIST.
b. Project name (if any) Boat Basin and
Improvements.
c. If the applicant is not the landowner, also give the
owner's name and address. CONTACT:
Hood Richardson
208 North Market Street
Washington, NC 27889
919-975-3472
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
At intersection of East a
Latham Streets.
b. City, town, community, or landmark
Belhaven
c. County Beaufort
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Tom's Creek a/k/a Tooley's Creek
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). Bulkhead, enlarge boat house,
utility storage, dock, maintenance
excavation of existing channel
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Both
C. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Shoreline stab; l i7ation and boa
storage.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.3 acres
b. Size of individual lot(s) 0.6 acres
c. Elevation of tract above mean sea level or
1!sia>x?o?a¢l?att?x
_2 ft average
d. Soil type(s) and texture(s) of tract
Sandy silts,
e. Vegetation on tract Yard grass, shrubbery,
trees and marsh.
f. Man-made features now on tract Rnat-hnu GP,
dwelling, storage buildings, lawn.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
X_ Developed. Community
Rural Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
SC-NSW-HOW
j. Has a professional archaeological survey been
carried out for the tract? N_ If so, by whom?
12/89

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
to Toolev's Creek from boat house
roof and lawns.
L Type and number of buildings, facilities, or
structuresproposed Storage lean- o can
boat house,
b. Number of lots or parcels None
c. Density (Give the number of residential units and the
units per acre.) N/A
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?_ Not avl2 i cab a
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.
Less than 1$ atiAitinnal
g. List the materials, such as marl, paver stone,'asphalt,
or concrete, to be used for paved surfaces.
Tin roof.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Not at)p1jra le.
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
This property is served by
municipal treatment facilities
m. Water supply source Municipal '
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
Not aAnlicable.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? Not arn) i c?at,l a
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (b1
Dock
WAmpielt
h=gyp, Boat H
kjmy) From
xTC 50' 50'
To
Fill placed in
wetland or below
MHW
Length Width Depth
Excava e 2 fe
150' S2' -7' com 1
Excavat e 2 fe
50' 25' -7' com 1
115' 4' ---

50' 56' NA
See B lkhead

F

1451 1
80, pus
t
to
t
to
j. Have these facilities received state or local approval? Upland fill
Yes areas
k. Describe existing treatment facilities.
See ,
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). _ Surface wa er rnnnff
b. Amount of material to be excavated from below
water level in cubic yards 670 cubic yards
c. Type ofmaterial sandy G; i ±
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
Nana
2
12AQ

f. Dimensions of spoil disposal area
_80' x 145' = 11,600 ft2
g. Location of spoil disposal area On the Hackney
lot,
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? _ Yes
If so, Where? _On the Hackn y lot
c. Shoreline erosion during preceding 12 months, in.
feet One foot
d. Type of bulkhead material wood
C. Amount of fill, in cubic yards, to be placed below
mcanhighwater 30 cubic yards
f. Type of fill material _Sandy silt and/or
sandy clay loam
8 ADDITIONAL INFORMATION
J. Does the disposal area include any marshland,

swam ps.orwaterareas? Yes, on construction In addition to the completed application form, the follow-

rubble and fill aloncr present i
ng items must be submitted:
shoreline behind proposed bulkhead.
k. Will the fill material be placed below mean hi
h
A
f
h
g
water? Only behind bulkhead S
7 copy o
t
e deed (with state application only) or other
ee
e. instrument under which the applicant claims title to the
1. Amount of fill in cubic yards _670 placed on affected property. If the applicant is not claiming to be
high gground .
T the owner of said property, then forward a copy of the
m.
ype offill material Sandy silt and sandy decd or other instrument under which the owner claims
clay.
n. Source of fill material From channel 'cleaning title, plus written permission from the owner to cant' out
th

and off site. e project.
o. Will fill material be placed on marsh or other
wetlands? _Yes. Inhind hti 1 khparl on An accurate work plat (including plan view and cross
construction rubble.
P. Dimensions of the wetland to be filled sectional drawings) drawn to scale in black ink on an 8

32' x 6' = 192
c
ft 1
'
' 112 x 11 white paper. (Refer to Coastal Resources
s
r.
38
x 5 5
=

759 sq ft., Total 951 sq. ft. All in
q. How will excavated or fill material be kept on site Commission Rule 7J.0203 for a detailed description.)
construction rubble.
and erosion controlled? Please note that original drawings are preferred and
Bulkhead filter cloth silt fences only high quality copies will be accepted. Blue-line
and/or straw bale interceptors, prints or other larger plats are acceptable only if 18 high
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?_Draaline. ba _khoe , pi 1 p
driver, end loade
S. Will wetlands be crossed in transporting equipment
to project site? xcL_ If yes, explain steps that will
be taken to lessen environmental impacts.
Not. appl i cahl P
7 SHORELINE STABILIZATION
a. Length of bulkhead or>:ipup 276'
b. Average distance waterward of mean high water or
normal water level 3 1 '
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 opportunity.
it fo
Name Ellis X. Ross Jr
Address 80i Tatham Street -
_1have n NC 7781
Mr. Marvin Smith SecrP+a_v __
Name ?;? rodae No 509
Address Maso..
Route 1 Box 330
Belhaven, NC 27810
Name
Address
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 $100 made payable to the Department of
Health, Environment & 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 PERMISSIOt
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 C?lbe'con-
proved Coastal Management Program and 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. /eThis is the?p? day of '? T'`'' 1
1
X
Landowner or Authorized agent
00
and
Marion Dilday

9/89
ADDITIONAL INFORMATION
1. APPLICANTS
Joanne C. Hackney
4211 NC Highway 54
Graham, NC 27253
Dr. James T. Wright
804 Latham Street
Belhaven, NC 27810
Wachovia Bank & Trust Company of N.C.
Trustee for Harriet K. O'Neal
P.O. Box 1767
Greenville, NC 27835
Dr. James T. Wright
804 Latham Street
Belhaven, NC 27810
November 5, 1993
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810
Dear Mr. Dilday:
I have examined the CAMA Permit application and plans for
the boat house, bulkhead and dock at our property on East Street
in Belhaven.
I have no objections to the proposed work.
Sincerely yours,
)r. James T. Wrigift
NOV 22 '93 13:55 919 757 7359
P.2/2
??C?1V?'p NOY Q 9 1993
Wachovia Bank & Trust Co. of NC
Trustee for Harriet K. O'Neal
P.O. Box 1767
Greenville, NC 27835
November 5, 1993
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810
Dear Mr. Dilday:
I have examined the CAMA Permit application and plans for
the boat house, bulkhead and dock at our property on East Street
in Belhaven.
I have no objections to the proposed work.
sincerely yours,
Joanne C. Hackney
4211 NC Highway 54
Graham, NC 27253
November 5, 1993
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810
Dear Mr. Dilday:
I have examined the CAMA Permit application and plans for
the boat house, bulkhead and dock at our property on East Street
in Belhaven.
I have no objections to the proposed work.
cerely yours,
Joanne C. Hackney
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 No. 199401034
Mr. John Dorney
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina
Dear Mr. Dorney:
December 22, 1993
Management
of
27626-0535
...
I l;+ u
OF ?! a
Enclosed is the application of Mr. Marion Dilday, Mr. James T. Wright,
Ms. Harret K. O'Neal and Ms. Joanne Hackney for Department of the Army
authorization and a State Water Quality Certification to maintain a canal,
construct and backfill a bulkhead, construct a mooring dock and enlarge a
boathouse on Tom's Creek, Belhaven, Beaufort County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by February 22, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
6.ot??'
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
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
Mr. Terry Moore
Washington Regional Office
North Carolina Division
of Coastal Management
1424 Carolina Avenue
Washington, North Carolina 27889
I
Plrase to 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
L Name Marion nilday
Address P. O. Box 2 8 0
City Belhaven State N. C.
Zip_? 7 810 Day phone _ 919 - q 4 '; -- ? 141
X Landowner or Authorized agent
SEE ATTACHED LIST.
b. Project name (if any) Boat Basin and
Improvements.
c. If the applicant is not the landowner, also give the
owner's name and address. CONTACT :
Hood Richardson
208 North Market Street
Washington, NC 27889
919-975-3472
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
At intersection of East and
Latham Streets.
b. City, town, community, or landmark
-Belhaven
C. County Beaufort
d. Is proposed work within city limits or planning
jurisdiction?-Ye s
e. Name of body of water nearest project
Tom's Creek a/k/a Tooley's Creek
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). Bulkhead, enlarge boat ho ucP,
utilitv storage dock main erianne
excavation of existing channel-
03 Y
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?
Both
c. Will the project be for community, private, or
commercial use?
Pr i va
d. Describe the planned use of the project.
Shoreline st:ahilizal-i-nn and boatstorage.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.3 acres
b. Size of individual lot(s) 0,61; a _r a
c. Elevation of tract above mean sea level or
Nb(?o>$?tl?atarx
_2 ft average
d. Soil type(s) and texture(s) of tract
Sandy silts
e. Vegetation on tract Yard grass, shrubbery,
trees and marsh.
f. Man-made features now on tract RnathnLGP_
dwelling, storage buildings, lawn.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
X_ Developed. Community
Rural Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
SC-NSW-HOW
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
12/89
-.-
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
L Type and number of buildings, facilities, or
structuresproposed Storage lean-to on
--boat house,
b. Number of lots or parcels None
C. Density (Give the number of residential units and the
units per acre.)-- N/A
d. Size of area to be graded or disturbed
0.4 acres
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? Not app l i ca b l e
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.
Less than 1% additional
g. List the materials, such as marl, paver stone,"asphalt,
or concrete, to be used for paved surfaces.
Tin roof.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? Not aFpl c-ahi e _
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
This property is served by
municipal treatment facilities.
to Tooley's Creek from boat house
roof and lawns.
m. Watersupply source Municipal '
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
Not applicable
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor?-tot ar)o i abl
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 (bmilr-
yt=ftiaies Dock
b= ]=V, Boat Hous
=kJtVqr) From
To
Fill placed in
wetland or below
MHW
Excavat e 2 fe
150' 52' -7' om 1
Excavat e 2 fe
50' 25' -7' com 1
115' 4' ---
50, so,
50' 56' NA
See B lkhead `
L1451 1 80,
at
ate
?t
ate
j. Have these facilities received state or local approval? Upland fill
Yes areas
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"). Surface water runoff
b. Amount of material to be excavated from below
water level in cubic yards 670 cubic yards
c. Type of material Bandy gilt
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
2
12/89
F Dimensions of spoil disposal area
80' x 145' = 11 600 fI-
S. L.ocadon of spoil disposal area on 1--h e ua „k„e.,
lot
Ir. Do you claim title to the disposal area? _ Yes
If not, attach a letter granting permission from the
owner.
I. Will a disposal area be available for future
maintenance? _Ye G
If so, where? ?3n the H3Ckney o
J. Does the disposal area include any marshland
c. Shoreline erosion during preceding 12 months, in.
feet One foot
d. Type of bulkhead material wood
e. Amount of fill, in cubic yards, to be placed below
mean high water 30 cubic vardq -
f. Type of fill material Sandy silt and/o
sandv c ay loan,
8 ADDITIONAL INFORMATION
swamps, or water areas? Yes , on constructionIn addition to the completed application form, the follow.
rubble and fill along resent ing items must be submitted:
shoreline behind propposed bulkhead.
k. Will the fill material be placed below mean high A copy of the deed (with state application only) or other
water? Only behind bulkhead See 7e. instrument under which the applicant claims title to the
1. Amount of fill in cubic yards _670 placed on affected property. If the applicant is not claiming to be
high ground. the owner of said property, then forward a copy of the
m. Type offillmaterial _ Sandy silt and sanAy deed or other instrument under which the owner claims
clay. title, plus written permission from the owner to carry out
n. S
odr a off l mterial From channel cleaning the project.
an.
o. Will fill material be placed on marsh or other
wetlands? Yes . hp_h i nd h» 1 khoaa nn An accurate work plat (including plan view and cross
construction rubble. sectional drawings) drawn to scale in black ink on an 8
3 Dimensions of the 2 eland to be filled _ 1/2 x 11 white 9 sa ft 138 x S _ paper.
(Refer co Coastal Resources
759 sq. ft. , Total 951 sq. ft. All in Cconstruct on 0rubbledetatled description.)
q. How will excavated or fill material W kept on site
and erosion controlled?
Bulkhead filter cloth silt fenc G
and/or straw bale interceptors.
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Draal i ne ba khne T2ile
driver, end loa?e._ --
Will wetlands be crossed in transporting equipment
to project site? SILL. If yes, explain steps that will
be taken to lessen environmental impacts.
No annl i r-ahl P
r.
S.
7 SHORELINE STABILIZATION
L Length of bulkhead oxtr Fzp _ 2 7 81
b. Average distance waterward of mean high water or
normal water level _ 341
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 opportunity.
,,atg
Name Ellis X. Rnaa dr
Address 801 Latham °`rept
-Rplhaven, Nr• ?7Rln
Name Mr. Marvin Smith Secretary
Address Masonic Lodcre rtn_ 509
Route 1 Box 330
Belhaven, NC 27810
Name
Address
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 $100 made payable to the Department of
Health, Environment & 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 PERMISSIOt
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 the3!!? day of A'4w ,1
X
Landowner opt Authorized agent
and
Marion Dilday
a"
9189
4
ADDITIONAL INFORMATION
1. APPLICANTS
Joanne C. Hackney
4211 NC Highway 54
Graham, NC 27253
Dr. James T. Wright
804 Latham Street
Belhaven, NC 27810
Wachovia Bank & Trust Company of N.C.
Trustee for Harriet K. O'Neal
P.O. Box 1767
Greenville, NC 27835

Dr. James T. Wright
804 Latham Street
Belhaven, NC 27810
November 5, 1993
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810
Dear Mr. Dilday:
I have examined the CAMA Permit application and plans for
the boat house, bulkhead and dock at our property on East Street
in Belhaven.
I have no objections to the proposed work.
Sincerely yours,
J r. James T. WrigIft
r.eie
R?c?ivFD Noy o 9
1993
Wachovia Bank & Trust Co. of NC
Trustee for Harriet K. O'Neal
P.O. Box 1767
Greenville, NC 27835
November 5, 1993
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810
Dear Mr. Dilday:
I have examined the CAMA Permit application and plans for
the boat house, bulkhead and dock at our property on East Street
in Belhaven.
I have no objections to the proposed work.
Sincerely yours,
vvtw?oV - &-. L4 NG T"h•.sl?, ?? ??n'e? r- D Nero(
to ,: ????
Joanne C. Hackney
4211 NC Highway 54
Graham, NC 27253
November 5, 1993
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810
Dear Mr. Dilday:
I have examined the CAMA Permit application and plans for
the boat house, bulkhead and dock at our property on East Street
in Belhaven.
I have no objections to the proposed work.
cerely yours,
Joanne C. Hackney
1
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 No. 199401034
December 22, 1993
Mr. Marion Dilday, Mr. James T. Wright,
Ms. Harret K. O'Neal, and Ms. Joanne Hackney
Post Office Box 280
Belhaven, North Carolina 27810
Messrs. Dilday and Wright, Ms. O'Neal and Ms. Hackney:
L; 0 1993
On February 11, 1991, we renewed general permit No. CESAW-C080-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 December 20, 1993, for Department
of the Army authorization to maintain a canal, construct and backfill a
bulkhead, construct a mooring dock and enlarge a boathouse on Tom's Creek,
Belhaven, Beaufort County, 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 receivingr such
confirmation should you becrin 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. 199401034
and will be coordinated by Mr. Norm Sanders in our Washington Field Office.
He is available at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
• 1
Copies Furnished (without enclosure):
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
John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
-2-
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
Atlanta, Georgia 30365
Mr. Terry Moore
Washington Regional Office
North Carolina Division
of Coastal Management
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Hood Richardson
208 North Market Street
Washington, North Carolina 27889
J N.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 22, 1993
Regulatory Branch
Action ID No. 199401034
Mr. Marion Dilday, Mr. James T. Wright,
Ms. Harret K. O'Neal and Ms. Joanne Hackney
Post Office Box 280
Belhaven, North Carolina 27810
Messrs. Dilday and Wright, Ms. O'Neal and Ms. Hackney:
i?i5i`J
0 1903
WETLANDS GW6r.
WATER DUALITY SECTK- N
Reference your application for Department of the Army (DA) authorization
to maintain a canal, construct and backfill a bulkhead, construct a mooring
dock and enlarge a boathouse on Tom's Creek, Belhaven, Beaufort County, North
Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
? 0%,
-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by January 24, 1994. 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. Norm
Sanders, Washington Field Office, Regulatory Branch, telephone [phone].
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. Terry Moore
Washington Regional Office
North Carolina Division
of Coastal Management
1424 Carolina Avenue
Washington, North Carolina 27889
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
John Dorney
ivision of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Hood Richardson
208 North Market Street
Washington, North Carolina 27889
r {
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Marion Dilday, James T. Wright, Wachovia Bank & Trust Co. of NC
Trustee for Harriet K. O'Neal, Joanne Hackney
2. LOCATION OF PROJECT SITE: Beaufort County, Town of Belhaven, Tom's Creek, Intersection
of East and Latham Street
Photo Index - 1989: 2-83-1, P-10 1984: 80-611, S-14
State Plane Coordinates - X: 2,711,200 Y: 658,0400 Town of Belhaven LL
3. INVESTIGATION TYPE: Dredge and Fill and CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9 December 1993
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 10 December 1993
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Town of Belhaven
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Waters, Coastal Wetlands ,??? - 3
(C) Water Dependent: Yes - Boathouse, Excavation, Dock
No - Bulkhead WETLANDS CWA;'
(D) Intended Use: Private Boating Access WATER UHLIiY Ya
(E) Wastewater Treatment: Existing - Town of Belhaven
Planned - None
(F) Type of Structures: txisting - Boathouse
Planned - Boathouse Enlargement, Docks, Bulkhead
(G) Estimated Annual Rate of Erosion: +V
Source - DCM staff observation
7
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands N/A ±951 sq. ft.
(B) Non-Vegetated Wetlands
(C) Other
Open Water ±9,050 sq. ft. ± 1,000 sq. ft.
Highground ± 10,500 sq. ft.
(D) Total Area Disturbed: 21,501 sq. ft. (0.49 acre)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC-NSW Open: No
8
PROJECT SUMMARY: The applicant is proposing to enlarge an existing boathouse, construct a
mooring dock, bulkhead and to perform maintenance excavation within a manmade canal.
MARION DILDAY, JAMES T. WRIGHT
WACHOVIA BANK & TRUST TRUSTEE
JOANNE HACKNEY
Beaufort County
Environmental setting-
The applicants own a 1.3 acre tract of land adjacent to Tom's Creek at the intersection
of East and Latham within the Town of Belhaven in Beaufort County. Four applicants are
involved in the subject application, three of which are part owners of a ±0.65 acre lot on which
is a boathouse an associated amenities. The other applicant also owns a 0.65 acre lot on which
is a single family dwelling.
The boathouse lot is vegetated mostly with loblolly pines and various lawn grasses. The
50' by 50' enclosed boathouse has been in existence for many years and is constructed atop a
manmade basin which is connected to Tom's Creek. The boathouse is utilized to moor 3
vessels. Water depths within the boathouse an immediately offshore average ±4' 6" at normal
water. Water depths of 6.0' to 7.0' are located several hundred feet beyond the basin and
boathouse.
The dwelling lot (Hackney) is also vegetated mostly with loblolly pines and various lawn
grasses. However, along most of the shoreline is a fringe of Coastal Wetlands, marsh which
is dominated by SSpartina cynosuroides, SSpartina patens, and Distichlis s iv cata. The majority of
the marsh is growing atop o>d fill or within various types of rubble that has been historically
placed along the shoreline in an effort to retard ongoing erosion. Also located on the east end
of the property within Tom's Creek is a ± 10' long private pier with a T-shaped waterward end.
Project proposal
The applicants are proposing the following:
(1) The enlargement of the existing boathouse from 50' by 50' to 50' by 56' by
relocating the north wall 6' in a northern direction. Also the existing roof line
will be raised by 8.0' which will make the finished roof line +18' above the
NWL. A ±20' long by ± 12' wide storage shed is to be constructed at the
northwest corner of the new boathouse. ±4.0' of this storage shed will be
constructed beyond a proposed bulkhead over the open water area of the basin.
The reason for the boathouse modification is to accommodate a new boat which
has been purchased by Mr. Marion Dilday, the owner of the northern portion of
the boathouse.
MARION DILDAY, JAMES T. WRIGHT
WACHOVIA BANK & TRUST TRUSTEE
JOANNE HACKNEY
Beaufort County
Page 2
(2) The construction of ±278' of bulkhead. The bulkhead will begin at the northwest
corner of the boathouse and will extend in a east, northeast direction along the
property of Mrs. Hackney. The bulkhead will average 3' 6" beyond the NWL
and will be 9.0' at the furthest point. The bulkhead will be aligned on the
waterward side of the marsh on the Hackney property. The marsh will be filled
along with the confined open water area when the bulkhead is backfilled.
(3) The construction of 115' by 4.0' wide dock." The dock will begin at the
northwest corner on the inside and along the relocated wall of the boathouse. It
will extend the length of the boathouse and then 50.0' ad6itional feet east of the
boathouse just waterward of the proposed bulkhead. The dock will be utilized by
Mr. Dilday for mooring.
(4) The maintenance excavation of 50' long by 25' wide area beneath the existing
boathouse within the manmade basin. Approximately 2' of material will be
excavated resulting in a final project depth of -7' at normal water. Also an area
150' long by 52' wide within the access channel leading to the boathouse will also
be excavated. Within this area 2' of material will also be removed resulting in
a final project depth of -7' at normal water. All spoils from the excavation will
be placed on the Hackney lot and will be utilized for landscaping purposes and
for bulkhead backfill.
Environmental impact
The following environmental impacts will occur as a result of project activity:
(1) ±951 sq. ft. of coastal wetlands will be filled landward of the proposed bulkhead.
(2) ± 1,000 sq. ft. of open water area will be filled landward of the proposed
bulkhead.
(3) ±9,050 sq. ft. of open water area within the manmade basin will be excavated.
(4) Some short term turbidity will occur during project excavation and construction.
David L. Gossett - Washington Regional Office - 16 December 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.
1 APPLICANT
a. Name Marion D; 1 d ay
Address P. O. Box 280
City Belhaven State N.C.
Zip 27810 Day phone [phone]
X Landowner or Authorized agent
SEE ATTACHED LIST.
b. Project name (if any) Boat Basin and
Improvements.
c. If the applicant is not the landowner, also give the
owner's name and address. CONTACT:
Hood Richardson
208 North Market Street
Washington, NC 27889
919-975-3472
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
At intersection of East and
Latham Streets.
b. City, town, community, or landmark
Belhaven
c. County_ Beaufort
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Tom's Creek a/k/a Tooley's Creek
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).- Bulkhead enlarge boat house,
utility storage, dock maintenance
excavation of existing channel
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Both
c. Will the project be for community, private, or
commercial use?
Private
d. Describe the planned use of the project.
Shoreline abili?at;nn and boa
storacre
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract -.1 . 3 acres
b. Size of individual lot(s) -..Q . 65 acres
c. Elevation of tract above mean sea level or
2 ft average
d. Soil type(s) and texture(s) of tract
Sandy silts
c. Vegetation on tract Yard grass, shrubbery,
trees and marsh.
f. Man-made features now on tract Roathc11sP
dwelling, storage buildings, lawn.
g. What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
R.AD
i. How are adjacent waters classified?
SC-NSW-HOW
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
12/89
f. Dimensions of spoil disposal area
80' x 145' = 11,600 ft2
g. "don of spoil disposal area on the Hackney
lot.
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? _ Yes
If so, where? On the Hackney lot
j. Does the disposal area include any marshland,
swamps, or water areas? Yes, on construction In addition to the completed
P application form, the follow.
rubble and fill along present ing items must be submitted:
shoreline behind pro osed bulkhead.
k. Will the fill material be placed below mean hi
h
A
f
g
water? Only behind bulkhead See 7e copy o
the deed (with state application only) or other
i
. nstrument under which the applicant claims title to the
1. Amount of fill in cubic yards 670 placed on affected property, If the applicant is not claiming to be
high ground.
T the owner of said property, then forward a copy of the
M.
ype of fill material Sandy silt and sandy decd or other instrument under which the owner claims
clay.
n. Source of fill material From channel cleaning title, plus written permission from the owner to cant' out
th

and off site. e project.
o. Will fill material be placed on marsh or other
wetlands? Yes . behind b ,1 kheari on An accurate work plat (including plan view and cross
construction rubble.
P. Dimensions of the wetland to be filled sectional drawings) drawn to scale in black ink on an 8

32' x 6' = 192 sa ft 138' x 5
5' 1/2 x 11 white paper. (Refer to Coastal Resources
.
759 sq, ft. , Total 951 sq. ft
All i
detailed description.)
C
o
n
0
0 b
.
n
q. How will excavated or fill material be kept on site c
r
uble
stru ction
o
and erosion controlled? Please note that original drawings are preferred and
Bulkhead filter cloth silt fences only high quality copies will be accepted. Blue-line
and/or straw bale interceptors prints or other larger plats are acceptable only if 18 high
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?_ Draaline _ backhoe . ni 1
Y?-
driver. end-loader.
s. Will wetlands be crossed in transporting equipment
to project site? nn-_ If yes, explain steps that will
be taken to lessen environmental impacts.
Not a"1 i_Cahl o
7 SHORELINE STABILIZATION
a. Length of bulkhead oxcipmp 2781
b. Average distance waterward of mean high water or
nonnal water level 31_1
C. Shoreline erosion during preceding 12 months, in
feet One foot
d. Type of bulkhead material wood
e. Amount of fill, in cubic yards, to be placed below
meanhigh water 30 cubic yards
f. Type of fill material _Sandy silt and/or
sandy clay loam
8 ADDITIONAL INFORMATION
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 opportunity.

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
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material _
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
m. 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%ipF
b. Average distance waterward of mean high water or
normal water level
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
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 opportunity.

ADDITIONAL INFORMATION
1. APPLICANTS
Joanne C. Hackney
4211 NC Highway 54
Graham, NC 27253
Dr. James T. Wright
804 Latham Street
Belhaven, NC 27810
Wachovia Bank & Trust Company of N.C.
Trustee for Harriet K. O'Neal
P.O. Box 1767
Greenville, NC 27835
AP-
[phone]
0 R @ 0 d C- `...
JAN i 0 199?i
HOOD RICHARDSON, PA
Engineers - Surveyors - Geologists
208 South Market Street
Washington, North Carolina 27889

January 5, 1994
Mr. G. Wayne Wright
Chief, Regulatory Branch
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Action ID No. 199401034
Mr. Dilday, Mr. Wright, Ms. O'Neal, Ms. Hackney
Dear Mr. Wright:
The permit applicants have requested that I respond to your
letter dated December 22, 1993.
a. The applicants have examined alternatives to the
proposed application. Their findings are that a mooring dock,
which can only be located in shoreline water, is the only place a
boat of this size can be stored when not in use. The only upland
alternative would be to construct a new mooring basin in an
upland area with access to the waters of the United States. The
new basin would disturb more land and shoreline than the proposed
activity. The size of the boat is such that lifting from the
water and replacing the boat in the water, considering the
frequency of use of the boat, would cause a high rate of damage
to the hull and a great deal of inconvenience and expense to the
owner.
b. Wetland loss has been minimized, in that the area
covered b_v water inside the present and proposed boathouse is not
being increased. The bulkhead outside the boat basin and along
the shoreline will result in an apparent loss of wetlands. These
wetlands and shoreline are man made, having been created by the
excavation of and dumping of waste, consisting of building
demolition rubble and metal prior to the present CAMA and Corps
enforcement regulations and therefore the small area of marsh in
man made fill is of a low quality.
C. The owners have examined the issue of mitigation and
have concluded that mitigation should not be required for the
following reasons:
1. The boat house area is man made both by the
placement of fill described in item b. above, by
excavation having been the discharge outfall for
the Town of Belhaven's raw sewage before the present
treatment plant was constructed in another part of
town. The old discharge pipe is still visible.
2. Those fringe area wetlands to be filled are in
construction rubble, are perched on the filled bank
and present a hazard to the occupation of the bank
because of the nature of the fill. This is the kind
of material that would be best covered.
3. None of the area being used is in its natural state
having either been excavated or filled by man and
converted from its natural state. Filling and
bulkheading are improl?ements to these wetlands
because the construction materials will be sealed
away from the more natural condition.
4. The fringe wetlands occupy a very small area
measured in square feet which is much less than the
area allowed to be disturbed before mitigation
becomes required under Nationwide permits.
5. There is very little quality to the fringe area
wetlands.
6. The additional roofed area inside the boathouse is
now standing in water and no additional excavation
is required to increase the area of water to be
placed under roof.
Sincerely,
ood L. Richardson, PE, RLS, PG
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE
Atlanta, GA 30365
Mr. John Parker
Division of Coastal Management
N.C. Dept. of Environment,
Health & Natural Resources
P.O. Box 27687
Raleigh, NC 27611-7687
Mr. John Dorney
Division of Environmental Management
N.C. Dept. of Environment,
Health & Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
Mr. Terry Moore
Washington Regional Office
N.C. Div. of Coastal Management
1424 Carolina Avenue
Washington, NC 27889
Mr. Marion Dilday
P.O. Box 280
Belhaven, NC 27810