19950527 Ver 1_COMPLETE FILE_19950525

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
A141Y
Ex= P1
June 19, 1995
Pamlico County
DEM Project # 95527
APPROVAL of 401 Water Quality Certification
Mr. Swade Beasley
1140 Rochelle Road
Chester, VA 23831
IU GUYW
Dear Mr. Beasley:
You have our approval to place fill material in 300 square feet of wetlands or waters for the
purpose of replacing a bulkhead at your lot off of SR 1114, as you described in your application dated
23 May 1995. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2665 or its equivalent. This certification allows you to use
Nationwide Permit Number 13 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ton Howard, Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
John Parker; DCM
95527.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
DO-W Fax : [phone] Aug 11 '95 13:53 P.03/09
Tot John Dorney
Flaming Branch
3
DIVISION 4F B2?pp?193ROI?p?TA,r, ?WgACffi=
•A•-•?/WB PEMUl APPLICATION RrMw .
Nam PROJECT # q 5^/ 5-;p WWQ SUPERVISoB z
REVILWER: SAWYER DATRs WWMM INIsOBMUON FOR CiRfIlt" OPFIC$ TRAarp-G
PRRHIT YRs 92 T NO.: COTRi'1'Ys ?..? e.
PROJECT HM2 r?.
PRWBCT TYPE: TYPES COE
COE #: DOT #_
RCD PROM CDAe dG-3' DATE YM (MA.- 5-74C/96-
R89 07A?Im WaRO RIVER ARID SUB RUIN is W4---YA1o
STRB0 OR ADJACENT WATER $ODY
CLASSr F S..., ^X t4D ?1/ ? G?r n0Ec ft 7 r- sZ)
OPEN OR CLOSEDt
WL MAMA/ WL TYns
WL REQUESTED: WL ACR BST:
WMRO CwDCf2: WL SCOR$:
KMCATIONs MTITGATION Tm-.
MITIGATION SM.- G sop AlTAC M?
RECp'IIMMAAITON: ISSUE/COND DIY HOLD
STORMWATER PLAN REQ'D- 7 IF YES, DATE APPROVED:
PROJECT DESCRIPTION: 0
)ATEI[ UAL7[TY C=RT. 401
CERT. REQ'D:
IF YES, TYPE:
SEWAGE DISPOSAL `?
TYPE OF DISPOSAL PROPOSED: iv&r-P
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DNS, COUNTY)
IF BY DELI, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
W_ TERIWETLAIRD ?,y
AREA OF FILL: WATER: '-0N WETLANDt ?. d
IS FILL ELIMINATING A SIGNI CANT USE?
DRBbpIM
AREA TO BE DREDGE): O
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESS=)?
HAIL'gdA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? ®t?7V +
SEWAGE DISPOSALo MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
(?C: WaRO; Central Files; DQK Field Offices; COE Washington office
) F a )-t 9!j,5 ? 7
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Swade R. Beasley
2. LOCATION OF PROJECT SITE: Pamlico County, Kennel's Beach, off SR 1114 (Live Oak Lane),
adjacent the Neuse River
Photo Index - 1989: 3 124 10 (indexed by K-17) 1984: 51 1515 (indexed by N-19)
State Plane Coordinates - X: 2,629,050 Y: 469,800
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 24, 1995
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - April 13, 1995
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: NO
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Single family residence, old bulkhead, pier
Planned - New bulkhead
(G) Estimated Annual Rate of Erosion: 2' to 3' behind old bulkhead
Source - Applicant
7. HABITAT DESCRIPTION:
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Estuarine Waters
(C) Other
(D) Total Area Disturbed: 300 ft2
(E) Primary Nursery Area: NO
(F) Water Classification: SB Sw NSW
DREDGED
[AREA]
300 fe
Open: NO
MAY 2 31995

OTHER
8. PROJECT SUMMARY: The applicant proposes to replace an old existing bulkhead with a new one.

FIELD INVESTIGATION REPORT:
MR. SWADE R. BEASLEY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
The applicant's property is located in Pamlico County off SR 1114 (Live Oak
Lane) adjacent the Neuse River in the Community of Kennel's Beach. The lot is high
ground and measures approximately 40' in width by 185' in length along the upstream
property line and 224' in length along the downstream property line. A single family
residence exists on the site and a drainage ditch runs the length of the upstream
property line. A CAMA Minor permit has been issued to the applicant to place a pipe
in the drainage ditch and to backfill. Lawn grasses vegetate 'the yard. An old
deteriorating bulkhead exists along the 50' of shoreline which is angled back into the
property. Both adjacent properties are bulkheaded with the corner of the upstream
bulkhead extending approximately 12' waterward of the applicant's corner,
consequently an acute 45 degree angle has been created where the two bulkheads join.
According to the applicant, continuous erosion has been occurring behind the bulkhead
(3' holes currently exist behind the bulkhead).
The Neuse River at this point is classified SB Sw NSW, is closed to shellfishing
and is not a designated Primary Nursery Area. There was no evidence of SAVs during
the site visit.
Project Description
The applicant proposes to replace and backfill 50' of bulkhead by tying into the
corner of each adjacent bulkhead. This would involve constructing a bulkhead 12'
waterward of the existing bulkhead at the upstream corner and tapering it back
landward for a distance of 35' before it ties into the remaining 15' of existing bulkhead
(which the applicant proposes to replace along the existing alignment).
Anticipated Impacts
The project as proposed would involve the direct removal of approximately 300
ft2 of shallow water habitat from the Estuarine Waters and Public Trust Areas of the
Neuse River as a result of the proposed bulkhead alignment. Approximately 33 yds3 of
material would be placed below the NWL as a result of the backfilling of the proposed
bulkhead. Only short-term and temporary increases in turbidity during construction
would be expected. No wetlands or SAVs would be impacted.
M. Ted Tyndall - Morehead City Office - May 12, 1995
r?
Please t)ve 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
Address _ //4t 34
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?
boZ'h
c. Will the project be for community, private, or
commercial use? o
. City C/y£SACef State Y4 d. Describe the planned use of the project.
Zip 9.3?3/ Day phone ed4 - 7'y.? - e3 5t.Z
- ZL? 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 address or secondary road number
.- / eZ 0,4-k 4,Y469 "///44
b. City, town, community, or landmark
c. County &!!I C /eCn
d. Is proposed work within city limits or planning
jurisdiction? 1?1
e. Name of body of water nearest project
N£Ks£ Ri? ,tom
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract P7 fic,?E
b. Size of individual lot(s) _ 1,19 c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d.
Soil tvpe(s) and texture(s) of tract
Vegetation on tract gZg?gS.S
e.
f. Man-made features now on tract a`?
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed _ZCommunity
Rural -_ Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
Has a professional archaeological survey been
carried out for the tract? -Al* If so, by whom?
a. Describe all development activities you propose (for j
example, building a home, motel, marina, bulkhead,
or pier).
)
3/91
APR 1 3 `1 P1
? 1

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.)
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.
d. Size of area to be graded or disturbed
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").
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).
Access channel
(MLW) or (:?'WL)
Boat basin
Other (break-
water, pier,
boat ramp,
rockjetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards
Length Width Depth
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
3/91
4P
f. Dime-osions 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
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 riprap -5-0
b. Average distance waterward of mean high water or
normal water level
3/91
c. Shoreline erosion during preceding 12 months, in
feet 4eAdlaX ,2'3" f?:/r?.yW daIA-11j4 4
d. Type of bulkhead material A'2 f Alf
e. Amount of fill, in cubic yards, to be placed below
mean high water _ 30
f. Type of fill material
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 71.0203 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.

Name.'
Address i5?A 2 44
73 V
Name /S/.?.C r? ?i? Tyr
Address /9/_o L/c'.SC,y??/T J??.
r r /i'L s'?it/ . it C
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.
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 $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).
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
p,oved 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 asencies 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 19 9s:
Landowner or Authorized agent
3/91
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THIS PROPERTY IS LOCATED IN A FLOOD HAZARD AREA BASED ON
'FLOOD INSURANCE RATE MAP" PANEL NO. 370181 0245 B,
ZONE A5 ELEVATION 8 DATED SEPT. 4, 1985,
FOR REFERENCE, SEE DEED BK. 276 PAGE 782, PAMLICO
COUNTY REGISTER OF DEEDS.
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SURVEY FOR
SWADE%- R. BEASLEY
PA TRICIA BEA SL E Y
NO. .5 TOWNSHIP _E'AMLICO COUNTY NORTH CAROLINA
OCTOBER 30_1991 SCALE: /"- 40'
0 40 80 120 - 160
CsRAPHIC SCALE
DENN/S F7RNES 8 ASSOCIATES • P.O. BOX 2947 • NEW BERN, NC. • (919) 638•-3615