19940368 Ver 1_COMPLETE FILE_19940509

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
May 13, 1994
Mr. Brian Fetzer
Mercer Building Company
250 Front St.
Beaufort, N.C. 28516
Dear Mr. Fetzer:
Subject: Certification Pursuant
Clean Water Act,
Proposed lot fill
Project # 94368, COE #
Carteret County
AITI.KWAdA I
?EHNR
to Section 401 of the Federal
199402977
Attached hereto is a copy of Certification No. 2891 issued to
Brian Fetzer dated 19 April,1994.
If we can be of further assistance, do not hesitate to contact
us.
Sincerely,
ton Ho rd, Jr. P.E.
*ector
Attachments
wqc#2891.1tr
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files
Ron Cullipher; Stroud Engineering
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

NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Brian Fetzer resulting in
0.05 acres of wetland impact in Carteret County pursuant to an
application filed on the 19th day of April of 1994 to rill wetlands
for lot fill.
The Application provides adequate assurance that the discharge of
fill material into the waters of Taylors Creek in conjunction with the
proposed development in Carteret County will not result in a violation
of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity
will not violate Sections 301,302,303,306,307 of PL 92-500 and PL 95-
217 if conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification. This Certification shall become
null and void unless the above conditions are made conditions of the
Federal or Costal Area Management Act Permit.
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 be final and binding.
This the 19th day of April, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
RDii est n How Jr. P.E.
t or
WQC# 2891

Action ID No. 199302977
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
n LS 5 ?j ,
Un11?nI?Rl,
i
Enclosed is the application of Mr. Brian Fetzer for Department of the
Army (DA) authorization and a State Water Quality Certification to place fill
material in an additional 2125 square feet (0.05 acre) of wetlands (0.10 acre
of wetlands on the site have been filled under NWP #18) adjacent to Taylors
Creek, Beaufort, Carteret 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 June 20, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
ne Wrigh
Chi Regulato y 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
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 19, 1994
IN REPLY REFER TO
Regulatory Branch
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
r , k..o

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, fulling, paving, land clearing, and stormwater con-
tul. If the requestr:d information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
"I APPLICANT
,a. Name Mercer Building Company
Address 2501 Front Street
City Beaufort
State North Carolina
Zip 213.516 Day phone [phone]
Landovmer or ix Authorized agent
b. Project name (if any) The fond- at Lennoxville
c. If the applicant is not the landowner, also give the
owner's name and address.
Brian Fetzer
J4 Cedar Creek Road _
Newport, North Carolina-28570
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
Un 1&C-M 1310 @ NCSR 1311
b. City, town, community, or landmark
Beaufort
C. County- t e e t
d. Is proposed work withitt city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
Ta*1urs Creek
.r
rrrrrY ,.WYn.??
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bull-head,
or pier). Buildin one triplex and parkin
facilities.

If you plan to build a marina, also compute and
attach Form DCM-ASP-2.
b: Is the proposed activity maintenance of an
existing project, new work, or both?
New work.
c. Will the project be for community, private, or
commercial use?
Private.
d. Describe the planned use of the project.
Construct re6ldential dwelling,
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0.408 acre.
b. Size of individual lot(s)
N/A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
Approximately 4.0 feet.
d. Soil type(s) and texture(s) of tract
sand.
e. Vegetation on tract Grass.
f. Man-made features now on tract None.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation 'T'ransitional
X Developed Community
Rural Other
h. Hove is the tract zoned by local govemment?
Residential.
i. How are adjacent waters classified?
sc,
j. Has a professional archaeological survey been
carried out for the tract? Nh?QatT
"PAP i i ?
6 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed One residential
dwelling. `--
b. Number of lots or parcels one
tn. Water supply source_ Torn of Beaufort
n.
If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
C. Density (Give the number of residential units and the
unitsperacte.) Three units per Q.4G8 ac.re_,__
_ 7.35 uniWacre,
d. Size of araa w be graded or disturbed
x.11. o.
acre.
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
low 3U days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? No.
If the project is on the oceanfront. what will be the
elevation ato've inean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL W
INFORMATION
f. Oive the ler'ceniage of the tract within. 75 feet of a.
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
0.27 R 27/
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved ,surfaces.
Asphalt and onCrote.
h. If applicable, has a stormwater management plan
been submitted to the Division of Envimrunental
Management? N/A
i. Describe proposed sewage. diTposai and/or waste
watertreatnuent facilities,
Municiu?sewer, Town of Beeufol,,, -
j. Have these facilities received state or local approval?
Yea.
k. Describe existing treatment facilities.
Yee.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, Sanitary
wastewater, industrial/commercial effluent, ,Mash
dowti"). Surface run; ff sh?er flow.
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 ("break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
1v1HW
Upland fill
areas
b. Amount of material to be excavated from below
waterlevel in cubic yards N/A
c. Type of material -JN/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
N/A
e. High ground excavation, in cubic yards
N/A
- -- n a%,
f. Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area N/A
r.. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission fram the
owner.
I . Will a disposal area be available :for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below. mean high
water? No.
1. Amount of fill in cubic yards 100 cy .
m. Type of fill material Sand.
n. Source of fill material 5ffsite borrow.
0. Will fill material be placed on marsh or other
wetlands? Yes,
p. Dimensions of the wetland to be filled
-Z,052 of
q. How will excavated or fill material be kept on site
and erosion controlled?
Grass and silt fence.
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Bulldozer and _backhoe,
s. W111 wetlands be crossed in transporting equipment
to project site? No •If yes, explain steps that will
be taken to lessen environmental impacts.
HLd,.__...._. --
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap _ 1/?A
b. Average distance waterward of mean high water or
normal water lCvCI - N /A
c. Shoreline erosion during preceding 12 months, in
feet N A
d. Type of bulkhead material N/A
c. Amount of fill, in cubic, yards, to be placed below
mean high water.. N/A
f. Type of fill material N/A
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
insaument 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 instrurnent under which the owner claims
title, plus written permission from the owner to cant' out
the project.
An accurate Tork plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x I I white paper. (Refer to Coastal Resources
Commission Rule W.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 W.
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. rp
?
.'n
J i .l ?i?

- ?r
Name Brian Fetzer
Address 94 Cedar Creek Road
Newport, North Carolina 28570
Name B&M Railroad,?cjo Alan Leary
Address P.O. Box 3608
Morehead City, North Carolina 28557
Name
Address
A list of previous state or federal pets issued for
work on the project tract. Include permit nwnbers,
permlttee, and issuing dates.
NWP 18, November 30, 1993
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to rover
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 pmject
involves the expenditure of public funds, attach a stzte-
meat documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 11 3A-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 nay knowledge, the proposed
activity compiles 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
proje-ct.
This is the day of 19
X
Landowner or vthorized agent
c?
fDEC 0 ! QD
60
h
VICINITY MAP w.,r-s-)
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Sacretary
Roger N: Schecter, Director
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SCALE;
SITE DATA
TOTAL TRACT AREA .............. 0.408 AC
4ETLANOS AREA 10.124 AC
A.E.C. AREA .................. 01270 AC
PROPOSED FILL AREA . ..........2,0592 SF
PROPOSED IMPERVIOUS AREA _
WITHIN 75' A.E.C. SETBACK :...:0.075 AC
ALLOWABLE IMPERVIOUS AQEA
WITHIN 75' A.E.C. SETBACK
!30 x COVERAGE) • .............0.083 AC
HE POND (p, LENNOXVILLE
PEAUFORT TWbP., CARTERET COUNTY, N.C.
OWNER MERCER 31.40ING COMPANY MOANED:
ADDRESS: ??ORT" N.C. 2951G Rn tnt PHONE: [phone]' 797 1 ny
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JO ENGINEERING, P.A. i RDC
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