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HomeMy WebLinkAbout20000358 Ver 1_COMPLETE FILE_20000315State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director kilWA 1 ? • IT A;1 A won NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 24, 2000 Mr. John Mark Dodge 231 Rosebay Loop Swan Quarter, NC 27885 Dear Mr. Dodge: Re: Vested Rights Opinion Block 1 and Block 2 DWQ # 000358 Hyde County DWQ staff have reviewed the information in your submittal dated 29 January 2000 concerning your property on Block 1 and Block 2 on Rose Bay Creek near Rose Bay, Hyde County. Upon review of this information, we believe that your plans for residential construction on Block 2 is vested from the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259) since we believe that a site specific development plan which indicated the proposed house location has been submitted and approved by local government officials. Therefore your planned development on this lot is not subject to these rules and may proceed as long as it remains in compliance with all other applicable local, state and federal laws. However development on Block 1 is not vested from the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259) since a site specific development plan has not been approved for this parcel. Development on this parcel may proceed in compliance with these rules only if development occurs 1) 50 feet away from all subject waters, 2) 30 feet away from all subject waters with a Minor Variance approved by DWQ or 3) within 30 feet of all subject waters with a Major Variance approved by the N.C. Environmental Management Commission. Please call Mr. John Dorney of my staff at 919-733-9646 if you have any questions. cerely yours, Stevens irector Cc: Deborah Sawyer DWO Washington Regional Office Bob Zarzecki ' File copy Central Files Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 • • AOM% 00=% NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 24, 2000 Mr. John Mark Dodge 231 Rosebay Loop Swan Quarter, NC 27885 Dear Mr. Dodge: Re: Vested Rights Opinion Block 1 and Block 2 DWQ # 000358 Hyde County DWQ staff have reviewed the information in your submittal dated 29 January 2000 concerning your property on Block 1 and Block 2 on Rose Bay Creek near Rose Bay, Hyde County. Upon review of this information, we believe that your plans for residential construction on Block 2 is vested from the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259) since we believe that a site specific development plan which indicated the proposed house location has been submitted and approved by local government officials. Therefore your planned development on this lot is not subject to these rules and may proceed as long as it remains in compliance with all other applicable local, state and federal laws. However development on Block 1 is not vested from the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259) since a site specific development plan has not been approved for this parcel. Development on this parcel may proceed in compliance with these rules only if development occurs 1) 50 feet away from all subject waters, 2) 30 feet away from all subject waters with a Minor Variance approved by DWQ or 3) within 30 feet of all subject waters with a Major Variance approved by the N.C. Environmental Management Commission. Please call Mr. John Dorney of my staff at 919-733-9646 if you have any questions. cerely yours, Stevens i rector 1 Cc: Deborah Sawyer, DWQ Washington Regional Office Bob Zarzecki File copy Central Files Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Ag4 NOW D E N R Division of Water Quality Environmental Sciences Branch & Wetlands/401 Unit Location: 4401 Reedy Creek Road Raleigh, N.C. 27607 Mailing Address: 1621 Mail Service Center Raleigh, N.C. 27699 FAX: (919) 733-9959 FAX TO: FAX NUMBER: I FROM: }? ?;:J%n' ??.!? PHONE: / NO. OF PAGES INCLUDING THIS SHEET: -? )l 4%, If you receive this fax by mistake call: ESB (919) 733-9960 or Wetlands (919) 733-1786. R JAMUS 9. HUNT JR. GOVERNOR WILL HOLMAN $ECRETARY Kamm 1 STCVENp DIRSCTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM February 22, 2000 To: John Dorney From: Deborah Sawyer Subject: Vested Request Tar-Pamlico Buffer Rules John Mark Dodge, Swanquarter Hyde County C']?UCIC ?4a 3-?1 lo+? This office has reviewed the request of Mr. John Mark Dodge for a decision by the Attorney General's Office for Vested Rights of a proposed project in Hyde County. The project site is located in Hyde County and is adjacent to a long canal which is located on the most recent USGS Topographic Map. The canal drains into Rose Bay Creek which is classified as SA waters. Mr. Dodge is a victim of Hurricane Floyd. His residence was flooded during the storm and is uninhabitable at present. The property for this project has been under Mr. Dodge's ownership for more than 30 years. Improvement work has been performed on this site many times over the 30 years of ownership. Mr. Dodge decided to build on the site as a result of being forced out of his home due to the recent flood. He presently has no permanent residence in which to live. It is encouraged by this office that Mr. Dodge's property be considered as vested and not subject to the requirements of the Tar-Pamlico Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Areas. If you have any questions of comments, please call this office at (252)946-64$1. Thank you. cc: WaRO File DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE C 943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889 PHONE 252-946-6481 FAX 252-946-9215 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER I . 0" 07 ° j2?' 0. 0" 76 j ? ' p 6° i2 ' 0. 0" w 76° PT9*12F'o X k ( j "jAL i yV o.? Z - a`" ?` \\ `?(\ \\/ ?'r v `_,?,z--?..-T_ - - - ? - - ,?' Y • ON • \ \, aZ O - ?... _? .. O cli LO CO CO • 411.. 1301 \\ >. .. 3 Bay 3M 3 (E) (E) 5z, 4 / • 264 Z z e 41. YY r \ • ar s C) F- C7 ,. ?. - ..- .. .. w O W All bFR'4e - 4, AlL ., ' -....,. M i N O \ ? ?r «.' .?? .rte ?. '• • .•, O 10'W W Y"" ; 07 ° W° 24' 0. 0' 0?6° 23' 'W 076' ?2 ' 01. 0' W '671622- O.b " 0. 0' Copyright (C) 1997, Maptech, Inc. John Mark Dodge 231 Rosebay Loop Swan Quarter, NC January 29, 2000 To Whom It May Concern: FD n F E B -7 2000 WASHINGTON REGIONAL OFFICE DWO On or about January 14, 2000, I, John Mark Dodge, learned of new restrictions or requirements that may tremendously affect my personal land development project in Hyde County. I have been working on the development of two small blocks of property on Rosebay Creek for numerous years. I have hundreds of hours and thousands of dollars invested in these blocks. I have spoken with Ms. Deborah Sawyer in the Washington office of the NCDENR-Water Quality. She advised me on January 27th when I met with her to write this letter to request these projects be "vested". I learned of the new guidelines when the local building inspector realized I was affected by them. The local building inspector, Leon Mooney, indicated the guidelines were only implemented as of January 1,2000. The local media nor the local officials have had time to widely publicized these new rules. Listed below are the steps taken to date on the two projects. BLOCK 1 includes the development of approximately 4.5 acres of property willed to me by my paternal grandfather prior to 1970. The land is located in the community of Rosebay on what is referred to as the "Turnpike" or "Schoolhouse Ditch" canal. This project began on June 15, 1983 with the issuance of Permit # 85-83 from the Department of Natural Resources and Community Development and the Coastal Resources Commission. The permit was for "Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118" and for "Excavation and/or filling pursuant to NCGS 113-229. This phase of the project required extension of the permit through 1993. The clearing of land, excavation and filling involved in this phase of the project had a price tag of roughly $28,000. From 1993 to present the land has been pushed, graded, aerated, fertilized and vegetated with pasture grass and maintained at an expense of roughly $18,000. The property has just now matured into what I expect to be three or four water front lots. However, the depth of these lots is inadequate to provide an additional fifty foot buffer of no construction per the new guidelines. The land is in a rural area that has no community septic system and each lot must have its own septic system. Hugh Watson, the county environmental health specialist inspected one of the lots and issued a permit for a septic system for a single family dwelling on January 21, 2000. The septic systems for the other two or three lots are expected to be approved since the lots are of similar size and soil make up. The local building inspector is aware of my intention to begin construction and has advised me of preliminary steps and has issued an E911 address for this parcel-(149 Rosebay Loop). These preliminary measures where done in 1999. I have obtained a set of house plans and contacted Swindell Construction a local building contractor for a bid on the project. BLOCK 2 includes 4.75 acres of property. I purchased this property on June 26, 1986 at a price of $30,000. The land is located in the community of Rosebay at the corner of HWY. 264 and Rosebay Loop. On November 20, 1986 I received Permit #2284 a "Cama and Dredge and Fill General Permit" to do canal maintenance. The project was completed for roughly $4,000. On September 30, 1987 I received Permit # 3604 a "Cama and Dredge and Fill General Permit" to construct a boat house on the property. The boat house project was completed for roughly $10,000. On January 6,19881 received Permit #3619 and Permit #3620 "Cama and Dredge and Fill General Permits" to do excavation and fill work on two lots (Lot A and Lot B total approximately 1.5 acres of the 4.75 acre block). This phase of the project was completed for roughly $8,000. From 1988 to date I have spent approximately $9000 to grade, fence, aerate, fertilize, vegetate with pasture grass, and maintain these parcels. On March 23, 19% I received Permit #11327 a "Cama and Dredge and Fill General Permit" to enlarge a boat basin. Roughly $1800 was spent on this project. One of the two lots indicated above (Lot A) is approximately 3/4 acre. Contained on Lot A at 231 Rosebay Loop is a dwelling. On June 3, 1994 I received a building permit for an addition to this dwelling. Due to hurricane activity in the last several years the construction has been delayed. To date I have approximately $3500 involved in the addition project. The land is in a rural area that has no community septic system and each lot must have its own septic system. Hugh Watson, the county environmental health specialist inspected Lot B and issued a permit for a septic system for a single family dwelling on October 19, 1999. Lot B has a small canal that goes nearly 2/3 of the way around the lot. The restrictions on septic tank placement make it impossible to leave a fifty foot buffer that does not include house construction. Due to the placement of the existing boat house and boat ramp, the house construction will have to be at some points less than twenty feet from the water. The local building inspector is aware of my intention to begin construction and has advised me of preliminary steps and has issued an E911 address for Lot B-(275 Rosebay Loop). These preliminary measures where done in 1999. I have obtained a set of house plans and contacted Swindell Construction a local building contractor for a bid on the project. The development of these two blocks of land has been an on going project. I anticipate the sale or lease of the parcels contained in these blocks to greatly enhance my retirement years and aid in meeting the needs of my family. During hurricane Floyd our residence at 231 Rosebay Loop was damaged to the point we can no longer live there. We have obtained a SBA Loan to use toward relocation. It is our intention to build on one of the parcels described above. Your careful consideration in declaring these projects "vested" is greatly appreciated. Please contact me if you have any questions or need further details. Sincerely, John Mark Dodge US Smell Uuelne Adminletr-Umi U.S. SMALL BUSINESS ADMINISTRATION . Disaster Assistance - Area 2 . One Baltimore Place, Suite 300 TTD 347-3751 Atlanta, Georgia 30308 (404) 347-3771 elranlpionurq Amenicud CnlnepteMewt-t ------- --- ---------- November 2, 1999 Janet E. Dodge John M. Dodge 231 Rosebay Loop Swan Quarter, NC 27885 RE: Control Number (3212-07514) Dear Borrower: SBA is pleased to advise you that we have approved your Disaster Loan Application. The approved loan is for 71400.00 at an interest rate of 3&25% Percent for 32 years. Your monthly payment of 4 will begin 5 months from the date of the note. We want to give you prompt service in obtaining your loan funds. Before proceeding, we need specific documentation from you to confirm your eligibility and to prepare loan closing papers. This loan approval is subject to your providing the following information to us: A copy of the deed to real estate located at 231 Rosebay Loop, Swan Quarter, NC 27885 reflecting ownership in the name of Janet E. Dodge and John M. Dodge that includes a complete legal description. To assure prompt disaster loan assistance to all victims, we sincerely request that you forward the information when possible. However, if we do not receive the information within 21 days from the date of this letter we will cancel your loan commitment. To get this information to us quickly, you may fax it to us at (800) 798-3807. Please make sure all the documents are legible. If you have difficulty providing the information, or if you have questions about your disaster loan, please contact us at (800) 359-2227 and ask for the Commitment Department. Sincerely, ,I James Birchmore Supervisory Loan Officer Prr Pertaining to BLOCK 1: Application for Permit to Excavate and/or Fill Dated 2/11/83 ECiJ Regional Development Institute Dated 02/14/8.3 NC DNRCD Dated 06/15/83 NC DNRCD Dated 06/16/83 Department of Army - Corps of Engineers Dated 06/29/83 NC DNRCD Dated 10/27/86 Department of Army - Corps of Engineers Dated 12/11/86 NC DNRCD Dated 02/17/88 Department of Army - Corps of Engineers Dated 03/23/88 NC DNRCD Dated 0l / 19/90 Department of Army - Corps of Engineers Dated 02/05/90 Department of Army - Corps of Engineers Dated 03/12/91 NC DNRCD Dated 05/05/92 Department of Army - Corps of Engineers Dated 05/28/92 NC DNRCD Dated 02/ 11 /93 NC DNRCD Dated 0_5/05/93 Department of Army - Corps of Engineers Dated 05/28/93 Department of Army - Corps of Engineers Dated 06/02/93 Hyde County Health Department Dated 01/21/2000 iI • ? p..G C?vv PERMIT TO EXCAVATE AND/OR FILL APPLICATION FOR ' WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113.229, 143-21 5.3(a)( 1), 143.215.3(c), It3A-118 (33CIF R 209.320.329) • s Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blAnk. 1. Applicant Information A. Name •DaA?iE /?1r?2K, B. Address Last First Middle Street, P. O Box or Route SWl#A14 ff?L 1, City or Town State Zip Code Phone 11. Location of Proposed Project: A. County /WY416 B. 1. City, town, community or landmark __ ??sE /?°i?y COn?irlWAJ /7-! 2. Is proposed work within city limits? Yes- 11 ? C. Creek, river, sound or bay upon which project is IOCdted or nearest named body of water to project III. Description of Project manic 7c' r7o'Sdu?/Z? iy,??,7i.vC?F39si A. 1. Maintenance of existing project4",41- DA'FP6/6Ed 2. New worker SO .SQuA?E '"60a."V4, /3ilS/N/1 B. Purpose of excavation or fill 1. Access channel -length 00-width ST_ depth 2. Boat basin lengt h ? width??? depth f? 3. Fill area / S2z rr. , length wt t depth 4. Other length width depth C:. I • Bulkhead Icngth_ Average distance wa erward of MHW,(shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1, Cubic yards __ G O 2. Type of material #4 GGAY L. till material to be placed below MI1W (see also VI. A) 1. Cubic yards, N6/V4!5- Type of_material IV. Land Type, Disposal Area, and Construction Equipment: / A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes ./ No B. Does the disposal area include any marshland, swamps or other wetland? Yes _y/_? No C.' Disposal Area 1. Location 14JO34C61'17 1;147111 6711OUAI-0 W r?i¢yMz- 2. Do you claim title to disposal area? IVA$ -4 Gibs 427-7 D. Fill material source if fill is to be trucked in _ E. How will excavated material be entrapped and erosion controlled? 15,42T,dEA! I . Type of equipment to be used DQ.44eiL1A1& 13UCL/JQ2iCul G. Will marshland be crossed in transporting equipment to project site? If yes, explain ND D& F-B 1 Rev. 10/78 A. 1, Private 2. Commercial S 3. Housing Development or Industrial 4. Other Lot size(s) 3-5 AGlze6 2. Elevation of lot(s) above mean high water- z-.5^ r 3. Soil type and texture _ _ 514NDV 40 t{- GLA}I 4. Type of building fa;ilities or structures ly l ,/ S. Sewage disposal and/or waste water treatment A. Existing -NO V4 Planned _ NOItA4 B. Describe -_ N LIJ-- G. (Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: TF 24,t'/Gt/ OvV&_49 e A. Does the proposed project involve the placement of fill materials below mean high water? Yes V' No STAW4;r1,VA A164,, FkTB.VS B. 1. Will any runoff or discharge enter adjacenrwaters as a result of project activity or planned use of the area following project completion? Yes- No 2. Type of discharge N/?Ct 3. Location of discharge _ VII. Present rate of shoreline erosion (if known): VIII. List permit numbers and issue dates of previous Department of Arm Corps of Engineers or State permits for work in project area, if applicable: S7 470't PifeeM[T *6 Z/ IX. Length of time required to complete project: / -)i0 H!'Fa X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if 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 on his land. XI XII DATE B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details), Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served 7, / 3 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 34 days in which to submit comments to agencies listed below. S/DIVIFy CIZAIDCE 12,44.4 St tgAJ VAJL . Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. -/?- F? (QL Applicants Signature DA -132 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/78 Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. z7F'PS Lri //JA/lSN 4G D/Siu/2L?F_/? /ICTG K/Jn; /r"/' LD//??- \? F(+t?v?t Z. NO / FJ rri,•J, ! }??t' Of ?? 3• ovNti,?!?r.? nIADf RY / 19A Z I ?? \ `?. f7/2CVNQ - E d/,% / tN3 rtCF FJTi ?J.-7h' ? /'l'e T :?,: iJ ' _?/ • I 1, ?/ ? \\ Tv??aUr •,6' t,??/.u G ? ?/ iN, ? 1 F o Li ti {? ??b /30• .Mr Y•. •L/4C?7F1E?/ 5 -In ,F_'NC, n? :?„ • j S1+?rc 7a .QE ` ^? t _ WfLCx1D ,gnA -Ar <_ c N h. t I i ?_.. /1,45 \ z: t lkuh 7z. dL ?iegT? EX, SGD/t L3ANIG 2' G64cej r>7Wa O' 1047-t k ///7a / >rJociN.,f ?VNCUs j / % ? •;-?-`_-- - ?nA25N. ?,»h?F T?C'A/?/ /l.'/Ff??si; /.Q'E) i r l.• -???Q, -'+' _ Fx/,5Tin/le Pule, 3E .;A/,SC/? f . P4 j#.5 8,v 7't 7; 47, /3L 7 ` /IC3,? `J V`r v/I 77tEs' I _ 1l - 1 / 'y r 1 ?/c•/?El~.. ? _ ?''r ?- __.. .. _ 5C.4cE' / "Loo' 1 41 r• 3S' 41 1& $ x/4 0 Al H1611 ell2oUa'o 'Ty,a/ t q L LrLOs.S EL70A/ (Z I -1311) AZ4 /L W AEI aL cu . L n EX/o'Tir/b ?pQp p?eEC C ¢ u.'Q '? _oT TD SLAL? V1 G 1,oV / T S/ m,?0 t t?CE 7A ,srs?T ?eo? ,may Q • /?f`i ? aQS,uc _?yL '1 fqMN I,I+. ? 1 47 Aoty } F/zam NC. GouNT MA4 EAST CAROLINA UNIVERSITY REGIONAL DEVELOPMENT INSTITUTE Willis Building - Corner First and Reade Streets Greenville, North Carolina 27834 Phone 919-757-6650 February 14, 1983 Mr. Terry Moore Field Consultant Coastal Management Field Services 1502 North Market Street Washington, NC 27889 Dear Mr. Moore: The following is submitted in behalf of Mr. Mark Dodge, owner and operator of Dodge Marine Railways in Rose Bay Community, Hyde County. In an effort to service the larger boats (50' - 60') that the facility was intended to accommodate, Mr. Dodge would like to add 60 feet to his existing railway. The excavation of two 50' square mooring docks with a 15' concrete boat- ramp attached to the northernmost basin is planned. This will allow ade- quate mooring space for "ships in waiting." The 1,100'+ canal leading to the railway area is presently 4' to 5' deep and will not allow the safe passage of large boats. Mr. Dodge intends to widen this canal by 20' and provide 8 1/2' of watet, which exists from the stumps (see drawing) to Pamlico Sound, to the railway area, which is pre- sently 12' deep. The spoil from this excavation will be placed immediately adjacent to the existing spoil bank.and spread by bulldozer. The toe line of this new spoil will not be spread into wetland areas and will be retained by an earthen dike. The beginning of this canal is marked by several large stumps with flags attached that he intends to excavate. Due to the distance from his property, a dragline cannot reach far enough to excavate this material. Therefore, Mr. Dodge has received written permission from Mr. Sidney Credle to position the dragline on Mr. Credle's property and deposit this material on the adjacent existing high ground area (see drawing). The northern side of Mr. Dodge's property is encompassed by a 20' manmade canal. Several abandoned and wrecked boats are located in this canal, im- peding any water flow that might otherwise exist. Over the years sediment East Carolina University is a constituent institution of the University of North Carolina r Mr. Terry Moore Page 2 February 14, 1983 has virtually closed off this'canal at the point where it meets the railway area. Mr. Dodge wishes to fill a 30' wide access at this location in order to allow the dragline and bulldozer access to the "island." During construction of the railway extension, Mr. Dodge intends to pump out the water around the railway with three 18" pumps. A temporary "dike" will be filled in (see drawing); then, upon completion of the railway, the "dike" will be excavated to allow the flow of water back into the railway area. If there are any questions concerning this application, please give me a call at 757-6650. Sincerely, Bill Powell Development Specialist BP/kld cc: Mark Dodge P/2'VtFR.T•/ <f ?j IiQL? ??iQ?E.C? I?i2 ?. S/ONa y G/QQAt,E /rIARiG ?p ?r . / -CW,4,v4 RA/i7M z7prt Scrir?,N?Q?t•?/L' ,?C?i??.G+ • "_... ' .? e9 y y ??5 ?r.urs r r., ^+la t• a 49miadO womo / /?IlES?AIrE,ta 3N A7Wf/E0 Lf7YFR 43/LG j?bs?.EL4 re h, . ? 14 AL .,, l7?zc?.v?i<<E//UC. A, , -X7014. 77 ,8E SPMADI, iSr f7^.K -n Cad. sAeit_ Nr? I I i I 1 _ ,per r /'st QAiurHY ' \?eJ CMIS7RMLTi IiJ ?y O-EO GAe we&f o 9e47;y /x: t Adl, Tu eC ?cnrn?ED FWn SP619 dANAG (2' 4?EtouJ enN/6) 'Sy 44^41NZ 73 A[Gau/ IAIMJ S/, At Z0,47-21',Q /A/7-1 I'll'AllVIV4 7VAICO rr+,•?tsN•?.mio,P6 7A'AN/y'/Ff335/[?i? 'w oTL ' ? 7704! '' ?r. nT ? . Its ? r • `I • b,Q`?aNQ?. ,E?'•d/A7''?!?N1 '/APE ',EV3M '? ''?" .5:. V /me. 4y, NO: fie" Aa01?ENfEI1/7? A+:r' ?f( ft E/9¢7AEN DIACES 73 4,vc6mp4sS ?. IfC A[l, 6Ao14. ool,%-CM - EJrrSrIA111 P41e, T ar ?wiJEp 13V J' .t pl,'oPc/tT"y nF R/ILD,d E. rv9cJVE/L !ZT A/7 5 adAr? 04,41rrC loo AIX. .,.. $UcEt/Mod' `,,•. i North Carolina Department of Natural K.,,nrn.tth U c Resources &Community Development I?:I.11? T .. ,,)e919 ?'?? June 15, 1983 Mark Dodge Route 1, Swansquarter, NC 27885 Dear Mr. Dodge: , The enclosed permit constitutes authorization under the Coastal Area Management Act and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (yellow form) of the permit is retained for your files and must be available on-site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope at your earliest convenience. Signing the permit and proceeding indicates your agreement with the conditioned permit. This act also means you have waived your right of appeal described below. If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal Resources Commission pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty (20) days of your re- ceipt of this letter. You should also be aware that, by law, if another qualified party submits a valid objection to the issuance of this permit with- in twenty (20) days the objection must be resolved prior to work initiation. In other words, work started within the next three (3) weeks could be stopped if objections are submitted. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your ap- plication. Modifications, time extensions and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time Department personnel will visit the project site. How- ever, if questions arise concerning permit conditions, environmental safeguards, or problem areas you may contact Department personnel at any time for assis- tance. By working in accordance with the permit, you will be helping to pro- tect our vitally important coastal resources. Very sincerely, • JRPjr: jm J R. Parker, Jr. Pe is Coordinator 4 " I.; i?.^r'?,!u c.h 4'/.?r?,; h?f 4;7 c- t-r ur,, Permit Class New Issued to STATE OF NORTH CAROLINA Department of Natural Resources irid Community Development .. .. \ ..and . ? ... Coasthl Resources Commission ol, 'r ?. 0 Majorbeve. Ent In hn Area of tnviionmental W2 .1n pus, uari, it NCGS 113A-1 1B_' 0 ExCBVgtion a)id/or-QUing.punlmt to.NCGS 113-229 QUAM V" Mark Dodge, Route 1, Swan Quarter, NC 27885 Permit Number 85-83 authorizing development in Hyde County at Rose Bay Creek as requested in the permittee's application dated 2/11/83 including attached rev. plats, sheets 1 & 2 of 2, no date This permit, issued on June 15. 1983 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile shrimp and fin fish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Office of Coastal Management. (2) No excavated or fill material will be placed at any time in any marsh or surrounding waters; outside of the alignment of the fill area indicated on the plat. (3) All spoil material must be adequately graded and provided a ground cover sufficient to restrain accelerated erosion within 30 working days of placement. NOTE: Prior to any work, the permittee is strongly urged to contact a represent- ative of the Office of Coastal Management and/or the Corps of Engineers to flag the approved alignment. Contact the Office of Coastal Management at 946-6481. NOTE: Water Quality Certification No. 1648 has been issued by the Division of Environmental Management for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval Al' work must cease when the permit expires on Dec( tber 31. 1986 in issuing this permit, the State of North Carolina agrees that your project Is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are hereby accepted. -`JSignature of Permittee HYDE COUNTY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of 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 211, Section .0500 to Mr. Mark Dodge pursuant to an application filed on the 11th day of February, 1983 to maintain and enlarge an access canal and ex- cavate two boat basin areas on Rose Bay Creek near Rose Bay Community. The application provides adequate assurance that the discharge of ex- cavated material adjacent to the waters of Rose Bay Creek in conjunction with the proposed canal and boat basin excavation activities in Hyde County will not result in a violation of applicable Water Quality Standards and discharge guidelines. 'T'herefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 nad PL 95-217 if conducted in accordance wiLh Lhe applicatiun and conditions hereinafter set forth. Conditions of Certification: 1. That excavation be conducted in such a manner as to prevent significant increases in water turbidity outside the area of construction. (Turbidity increases of 25 NTU's or less, after allowing a reasonable opportunity for dilution and mixture, are not considered significant.) 2. That no excavated or fill materials be placed in any waters or wetlands outside the alignment of the fill area indicated on the permit plans. Violations of any condition herein set forth shall result in revocation of this Certification. This -the 16th day of June 1983. DIVISION OF' ENVIRONMEN'T'AL MANAGEMENT _A?M- "04w_ ?ltobert F. Helms, Director WQC# 1648 ?,l V f-/)tiZ/TJ eA } /, OSC ? C!'EE/L ?l .' . . r S;nN' y c.t'FnrE fcSa 77Per /yoTE 1•.444 -rhos /IRA !O//vo 7"iDES No H2.44SAI 73 eE D15 '7L l?26L) ? /.InT6 f2?n; TN/s fi0nf7- \ sr.,w ?!•1:;?/ f'.',.• • /_., A m, J. 0? P. /?' or 3• Sd(W.W 6.S imjbe /'63RVAR)!? /98S y hRouND EiE ?i47'iaNS /?E ESnrlfl'T?S S. v1a1T.4uY No 4,)R7Z2 Aw&nMMT i /,1 f c / ; /?'i? . Td2atas,v Ci9?//oG GoN7a/NiNh u D S?f A7rACNLp [e77e2 rYc Lr121-`L/O?D /30??. /' /? ; ji ,•-'.' zz, ,? Effe7FiElJ p//?S 73 ,ENCOmPA55 of- Acc /c. 721 AE SF!tPAO/ -k, aUdc • ? ?' ? l ?v Y- / Lill IL Y? >p r ? J In C lyp ?? Cam' ?/\` n' NAS??' ?•._•/r'/ /1: f :': i., '-i, c'l' ,' :: ', , owe /'? -•r - U , Fr' / _L'?ice,- % Tfr. FbY.dQ y -L eA -- f ? 77 e4 44 Ur. f o,90 - I ?. J %n U.S. 2GfL llr l _ i SCO 't ? l L=ALf, r l_ q-' L V -2?1/?/C L 620.5 S -- 6 7/-OA/ 141 dL I. ?'f/6?16,2eu?l0 'Typ1494, 41ZLO,6St:L71'oA1 0,-130 !IA/GWA?I Cis D? .L P?q??Eo r c ,c,u. !L. a•S. oT Ta SCALE V/ c /,4//'TV "*A Z oP L 7%kA ?r ?l /2Q/[ dM 1 1 T U.CE ? .07rA sue, , s.??vcECC ,4/t r _ F/le,n NC. Gou?/7' M? North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Joseph W. GrimsleY, Secretary June 16, 1983 % Mr. Mark Dodge Route 1 Swanquarter, NC 27885 DIVISION OF ENVIRONMENTAL MANAGEMENT Robert F. Helms Director Telephone 919 733-7015 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed canal and boat basin excavation activities on Rose Bay Creek Hyde County Dear Mr. Dodge : Attached hereto are two (2) copies of Certification No. ##1648 dated June 16, 1983. If we can be of further assistance, do not hesitate to contact US. Sincerely yours, 4wq'e-A/-04? Robert F. Helms Attachments cc: Wilmington District Corps of Engineers Washington Regional Office. . Mr. Robert Teulings Mr. Kenneth Stewart POLL UTION PRE VENTION PA YS P. O. Box 27687 Raleigh, N. C. 27611-7687 An Equal Opportunity Af(lrmative Action Employer RTH CAROLINA HYDE COUNTY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of 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 Mr. Mark Dodge pursuant to an application filed on the 11th day of February, 1983 to maintain and enlarge an access canal and ex- cavate two boat basin areas on Rose Bay Creek near Rose Bay Community. The application provides adequate assurance that the discharge of ex- cavated material adjacent to the waters of Rose Bay Creek in conjunction with the proposed canal and boat basin excavation activities in Hyde 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 nad PL 95-217 if conducted in'accordance with the application and conditions hereinafter set forth. Conditions of Certification: 1. That excavation be conducted in such a manner as to prevent significant increases in water turbidity outside the area of construction. (Turbidity increases of 25 NTU's or less, after allowing a reasonable opportunity for dilution and mixture, are not considered significant.) 2. That no excavated or fill materials be placed in any waters or wetlands outside the alignment of the fill area indicated on the permit plans. Violations of any condition herein set forth shall result in revocation of this Certification. This the 16th day of June 1983. DIVISION OF ENVIRONMENTAL MANAGEMENT kwl?e F. Helms, Director * obert WQC# 1648 CAROLINA OUNTY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of 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 211, Section .0500 to Mr. Mark Dodge pursuant to an application filed on the 11th day of February, 1983 to maintain and enlarge an access canal and ex- cavate two boat basin areas on Rose Bay Creek near Rose Bay Community. The application provides adequate assurance that the discharge of ex- cavated material adjacent to the waters of Rose Bay Creek in conjunction with the proposed canal and boat basin excavation activities in Hyde 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 nad PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Conditions of Certification: 1. That excavation be conducted in such a manner as to prevent significant increases in water turbidity outside the area of construction. (Turbidity increases of 25 NTU's or less, after allowing a reasonable opportunity for dilution and mixture, are not considered significant.) 2. That no excavated or fill materials be placed in any waters or wetlands outside the alignment of the fill area indicated on the permit plans. Violations of any condition herein set forth shall result in revocation of this Certification. This the 16th day of June 1983. _ DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By FORREST R. WESTALL FOR Robert F. Helms, Director WQC# 1648 Orr- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 •?? ?` w .' WILMINGTON. NORTH CAROLINA 28402 June 29, 1983 _-? IN REPLY REFER TO J Regulatory Branch SUBJECT: File No. SAWC083-N-048-0140 Mr. Mark Dodge Route 1 Swanquarter, North Carolina 27885 Dear Mr. Dodge: Reference your application for a Department of the Army permit to maintain and enlarge a canal and excavate two basin areas on Rose Bay Creek near the Rose Bay community, Hyde County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Please be aware of the importance of having a representative from this office take the specific limits of fill before work is begun. Failure to comply with the State authorization or conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the N. C. Office of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Steve Brown, telephone (919) 343-4632. Sincerely, d ? ? W. H is Regula ory Branch Enclosure -2- Copies Furnished with enclosures: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, Virginia 23510 Mr. John Parker Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Mr. Preston Pate Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 769 Morehead City, North Carolina 28557 Mr. Dave Rackley U. S. Fish and Wildlife Service 310 New Bern Avenue Raleigh, North Carolina 27601 Mr. Randy Cheek National Marine Fisheries Service, NOAA Post Office Box 570 Beaufort, North Carolina 28516 Mr. Brad Nicolajsen Ecological Review Branch U. S. Environmental Protection Agency 345 Courtland Street, N. E. Atlanta, Georgia 30365 Mr. David Gossett Office of Coastal Management North Carolina Department of Natural Resources and Community Development 1502 North Market Street Washington, North Carolina 27889 ITLL/II/L ON Hlbd 612041nl0 at. I - /Q0' - Ex/-5?/ Ae, B, p,?pF1o?E0 e, C. U. 2. A•1 oT TO SLALE V / L /N / TV /",+p c ? L/6CE ? .477'iv / r / v < <?N ' ? Sl.4oFS(/.rcE ? s ?. / Fc ROS6 A-4 y •, h ?? 2 Sp1v,IQF.IL faLK, a \` \ C ? ?/2WS \ 64Y \ h si,yy,,/Qcv?zTE,e ? Z oiZ 4 ASE F/u? N. ?I Typ/ 4 Z, uzOsst4-rl VA/ l?i-?z) IZ4/G04 a 3S' 10, - 4_' Application No'. SAWCO80-N-000-0291 Name of Applicant: General Permit Effective Date: 27 January 1981 - Expiration Date: 31 December 1986 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work In or affecting navigable waters and navigable waters of the United States upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby Issued by authority of the Secretary of the Army by the District Engineer US Army Engineer District, Wilmington Corps of Engineers PO Box 1890 Wilmington, NC 28402 To authorize those construction activities that receive prior approval from the State of North Carolina In the form of all the following State authorizations (Inclusively) which may be required: 1. Coastal Area Management Act (CAMA) Permit. 2. Permit to Dredge and/or Fill. 3. Water Quality Certification (under Section 401 of the Clean Water Act). This general permit applies In Beaufort, Bartle, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Ponder, Porqulmans, Tyrrell and Washington Counties, North Carolina, US Army Engineer District, Wilmington. 1. Operating Procedures: a. Applications for State and Federal authorizations will be accepted directly and simultaneously from applicants by both the Wilmington District Engineer and the North Carolina Office of Coastal Management (NCOCM). Receipt of an application by the NCOCM will Initiate the field review process to Include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will Initiate the Corps review. Immediately after receipt by the Corps, an application will be assigned an Identification number, Its receipt will be acknowledged, and a review wlII be made by the appropriate Corps Area Coordinator to determine If the application should be processed under this general permit. If It Is determined that the application requires an Individual permit review process, the applicant and the NCOCM will be so notified in writing and the application will be processed In accordance with 33 CFR 325. Also, If It Is determined that the application may be processed under this general permit, the applicant and the NCOCM will be furnished written notification. Correspondence to the applicant will Include a general description of the appropriate process. The applicant and the North Carolina Division of Environmental Management (NCDEM) will be Informed regarding the applicant's need to obtain a Water Quality Certification In accordance with Section 401 of the Clean Water Act prior to validation by the District Engineer In accordance with this general permit. b. The State review package, to Include the Environmental Consultant's Field Report, will be furnished by the Raleigh NCOCM to the Corps, the US Fish and Wildlife Service, the National Marine Fisheries Service, the Environmental Protection Agency, and the NC State Historic Preservation Officer. Receipt of this package will inltlate these agencies, review. The agencies will have 30 days from the date of the State review package to furnish the District Engineer any comments or recommendations to Include any modifications or conditions which would make the work acceptable. Extensions of time will be granted for agency review only if justified by unusual circumstances. If an extension Is granted and would delay Issuance of the NCOCM permit, the application will be removed from this general permit process and processed as an individual permit so as not to delay the NCOCM action. C. Th is general permit does not, In any way, alter the established procedures or responsibilities, as required by Federal laws and/or administrative regulations with respect to the District Engineer's coordination with the review agencies. The applicant will continue to have opportunity to rebut any objections from review agencies. d. After agency comments are received, they will be reviewed by the Corps office and a coordinated Federal position will be prepared. Such position may Include conditions that would normally be a part of an Issued Corps permit. This Federal response will normally be furnished by the Corps to the Raleigh NCOCM office within 45 days after receipt of the State review package. If comments or recommendations from the review agencies Include irresolvable objections or recommendations for denial, the application will be withdrawn from this general permit process and the applicant and the Raleigh NCDEM office will be notified Immediately In writing. In such case, processing of the application will be continued In accordance with 33 CFR 325, Including normal referral procedures, If necessary. e. After receipt and review of the coordinated Federal position, to Include any appropriate conditions, the NCOCM will determine if there Is any conflict with State agency positions, law, regulation, or policy. If there is no conflict, an NCOCM permit will be developed Incorporating the,State and Federal positions. Copies of the permit will be furnished to the applicant and the Corps. Where required, a copy of a Section 401 Water Quality Certification from the NCDEM will also be furnished to the applicant and the Corps. Issuance of both the NCOCM permit and the NCDEM 401 Certification, If required, must precede validation of this general permit by the District Engineer or his representative. f. If, at any time after applications as described in paragraph I.a. are received but before the State authorization In the form of a CAMA Permit for Major Development and/or a Permit to Dredge and/or F I I I is/are Issued, the N.C. Division of Environmental Management (If a Section 401 Water Quality Certification is required) or the N. C. Office of Coastal Management so requests, the application will be processed In accordance with 33 CFR 325, including normal referral procedures. The N.C. Office of Coastal Management or the N.C. Division of Environmental management shall base any such request on grounds that the activities which are the subject of the application will or may have more than a minimal adverse Impact on the environment or that such activities are more appropriately authorized by an Individual permit. g. If there Is a conflict between the coordinated Federal position and the State position, the NCOCM will contact the Corps within 10 days of receipt of the Federal position to resolve the conflict. If the conflict Is resolved, the NCOCM permit wlII be Issued and the authority of this general permit will apply. If the conflict Is not resolved, the application will not be further considered under this general permit and District Engineer processing will continue In accordance with 33 CFR 325. h. If the NCOCM permit Is denied, the applicant will be Informed that Federal authorization under this general permit is also denied. 1. Following Issuance of a NCOCM permit, the project wlII be monitored by NCOCM personnel and Inspected for compliance with the permit In accordance with normal NCOCM regulations and procedures. The project may also be Inspected by Corps personnel. If at any time a violation of the NCOCM permit Is discovered which would also have been a violation of the Federal positions on the permit, enforcement action may be taken by both NCOCM and the 2 Corps In accordance with their respective regulations and policies. Corps enforcement will proceed as a vlolat!on of thls general permit. 2. General Considerations: a. All activities Identified and authorized by this general permit must be consistent with the terms and conditions of this authorization. My activity accomplished but not specifically Identified and authorized herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered appropriate by the United States Government. b. All activities authorized by this general permit that will Involve the placement of dredged or fill material Into waters of the United States or ocean waters, shall be consistent with applicable water quality standards, effluent limitations, and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1413) and pursuant to applicable State and local law. To assure preservation of water quality, before any work Is authorized by this general permit, a property owner, If required to do so, must apply for and obtain a Water Quality Certification from NCDEM in accordance with Section 401 of the Clean Water Act. c. The general permit will not authorize any activity which might affect a threatened or endangered species as Identified under the Endangered Species Act (16 U.S.C. 1531) or adversely modify designated critical habitat of such species without consultation with the U.S. Fish and Wildlife Service. d. To use this general permit, a property owner must make every reasonable effort to prosecute the work authorized herein In a manner so as to minimize any adverse Impact of the work on fish, wildlife, and natural environmental values. e. To use this general permit, a property owner must prosecute the work authorized herein In a manner so as to minimize any degradation of water quality. f. A property owner shall permit the District Engineer or his representative to make periodic inspections at any time deemed necessary In order to assure that the activity Is being performed In strict accordance with the terms and conditons of this general permit. g. The property owner will maintain any structure authorized by this general permit In good condition and in accordance with approved plans and drawings. h. This general permit does not convey any rights, either In real estate or material, or any exclusive privileges; and It does not authorize any injury to property or Invasion of rights or any Infringement of Federal, State or local laws or regulations, nor does It obviate the requirement to obtain State or local assent required by law for the activity authorized herein. 1. Authorization provided by this general permit may be either modified, suspended, or revoked in whole or In part If the District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be In the best public Interest. Unless subject to modification, suspension, or revocation, the term of this general permit shall be 5 years. Any modification, suspension, or revocation of authorization shall not be the basis for any claim for damages against the US Government. J. If subsequent to performance of the work should any Information and/or data furnished by the applicant prove to be false, Incomplete, or Inaccurate, the authorization may be modified, suspended, or revoked in whole or In part, and/or the US Government may Institute appropriate legal proceedings. 3 k. There plII be no unreasonable Interference with navigation or the right of the public to riparian access by the existence or use of the activities authorized by this general permit. 1. A property owner upon receipt of written notice from the District Engineer of failure to comply with the terms and conditions of this general permit shall, with 60 days without expense to the US Government and In such manner as the District Engineer may direct, effect compliance with the terms and condltons or return his worksite to a prework conditions. m. This general permit does not apply to activities that would adversely affect an area listed in the National Register of Historic Places or an area which the Secretary of the Interior through the keeper of the National Register of Historic Places would determine eligible for Inclusion In the Register. Proposals under this general permit will be furnished to the State Historic Preservation Officer for his comments prior to final permit acitivlty authorization. Also, this general permit does not apply on wild and scenic rivers established pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278). n. This general permit does not authorize the Interference with any existing or proposed Federal project and the permlttee shall not be entitled to compensation for damage or Injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public Interest. o. Any work activity performed In any area under the regulatory jurisdiction of the Corps of Engineers which does not comply with the terms and conditions of this general permit, must have prior approval under the customary regulations administered by the Corps of Engineers as found In 33 CFR 320-329. . 3. Conditions and Procedures: a. General. The aforementioned, detailed Operation Procedures apply to construction activities that, prior to Issuance of this general permit, required State authorization in the form of a Coastal Area Management Act (CAMA) Permit for major development and/or a Permit to Excavate and/or FIII and Federal authorization as required by Section 10 fo the River and Harbor Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 U.S.C. 1344.) b. Application. Any member of the general public proposing to accomplish construction activities under the authorization of this general permit must submit an appropriate, complete application with drawings to the Wilmington District Engineer and the appropriate regional office of NCOCM. c. Validation. No work may proceed under this general permit until and unless the District Engineer or his representative validates that the procedures and other requirements of the general permit have been satisfied. 4. Exemptions: a. This general permit will not be applicable to proposed construction when the District Engineer believes that authorization may be warranted but that the proposed activity might significantly affect the quality of the human environment. b. This general permit will not be applicable to proposed construction when the District Engineer determines after any necessary Investigations that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: ( I ) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for Inclusion as provided by Sections 4 and 5 of the Act, and wild, scenic, and recreational rivers established by State and local entitles. 4 / •(3)' Historic, cultural, or archaeological sites listed In or eligible for Inclusion In the National Register of Historic Places as defined In the National Historic Preservation Act of 1966 and Its codified regulations and in the National Historic Preservation Amendments Act of 1980. (3) Sites Included In or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved In accordance with the Endangered Species Act (16 U.S.C. 1531). c. This general permit will not be applicable to proposed construction when unresolved objections of the aforementioned review agencies or the State make it necessary that the District Engineer refer the application to a higher level of authority for review. d. At his discretion, at any time during the processing cycle, the District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an Individual permit In accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY ROBERT K. HUGHES Colonel, Corps of Engineers District Engineer 5 'a. w? o .x.;..10 State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Mark Dodge Route 1, Box 215A Swan Quarter, NC 27885 Dear Mr. Dodge: October 27, 1986 David W. Owens Director The enclosed permit constitutes authorization under the Coastal Area Management Act and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (yellow form) is retained by you and it must be available on-site when the project is inspected for carpliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal Resources Comri ssion pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty (20) days of your receipt of this letter. You should also be aware that, by law, if another' qual i f i ed party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions and future maintenance require additional :'approval. Please read your permit carefully prior to,,starting work and review all project plans, as approved. If you are having the work done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements. Frcm time to time, Department personnel will visit the project site. To facilitate this review, we request that you ccmplete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at arty time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, Jo n . Parker, Jr., Chief f? Major Permits Processing Section AY• JRP:jr/aw P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone! 919-733-2293 Enclosure' An Equal Opportunity Affirmative Action Employt-r .. ,.x.-: ».?,.. _. ..,,.?..-...,, ?..?.. :. .H?...o W'•n? 16 Aim= e. R-7 %.r, 'r -L 1 -6-6-4- - - , d. LJ' aa �IA A 1,17171, MA, VIt" t 4 VA pro a 71, J, 00, "it P v 7-V 'I, r tI ell" - 77 . A IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 11, 1986 SUBJECT: Genbral Permit No. SAWC082-N-000-0277 Mr. Mark Dodge Route 1, Box 215-A Swanquarter, North Dear Mr. Dodge: Carolina 27885 Through coordination with Mr. David Gossett, North Carolina Division of Coastal Management, we have learned of your plans to maintain a canal on your property off Rose Bay near Swanquarter, Hyde County, North Carolina. On June 24, 1982, we issued general permit No. SAWC082-N-000- 0277 (enclosed) that authorizes excavation and filling; construction of piers, docks, bulkheads, and boat ramps; placement of riprap and mooring pilings within manmade basins, canals, or ditches located entirely on high ground; and maintenance dredging of canals, channels, basins, and ditches in open waters or marsh areas (with high ground disposal) in North Carolina. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. If you have questions, contact Mr. Ken Jolly, Regulatory Branch, telephone (919) 343-4632. Sincerely, '? W Ch 1 s W. H lis Chie , Regu1 tory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Gossett Washington Regional Office. North Carolina Division of Coastal Managemer« 1424 Carolina Avenue Post Office Box 1507 Washington, North Carolina 27889 Application No. SAWC082-N-000-0277 Name of Applicant: General Permit Effective Date: 1 September 1982 Expiration Date: 31 December 1986 M DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of 3 March 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act (33 U.S.C. 1344), Is hereby Issued by authority of the Secretary of the Army by the District Engineer US Army Engineer District, Wilmington PO Box 1890 Wilmington, NC 28402 TO AUTHORIZE DREDGING OR OTHER EXCAVATION, FILLING, CONSTRUCTION OF PIERS AND DOCKS, BULKHEADS, PLACEMENT OF RIPRAP, CONSTRUCTION OF BOAT RAMPS, BOATHOUSES, AND INSTALLATION OF MOORING PILINGS WITHIN MANMADE BASINS, AND CANALS LOCATED ENTIRELY IN HIGH GROUND UNDER SPECIAL AND GENERAL CONDITIONS SPECIFIED BELOW. ALSO AUTHORIZED IS MAINTENANCE DREDGING ONLY OF EXISTING CHANNELS, BASINS, OR DITCHES IN OPEN WATER AREAS OR SURROUNDED BY MARSH AREAS WHERE ALL EXCAVATED MATERIAL IS PLACED AND RETAINED ENTIRELY ON HIGH GROUND AND WHERE NO MARSH OR OTHER WETLANDS IS EXCAVATED IN ACCORDANCE WITH'SPECIAL AND GENERAL CONDITIONS SPECIFIED BELOW. THIS GENERAL PERMIT APPLIES TO ALL WATERS IN THE STATE OF NORTH CAROLINA. SPECIAL CONDITIONS. a. New excavation, maintenance dredging, and new dredging must involve excavation of no more than 1,000 cubic yards of material as part of a single and complete project. All excavated material must be placed entirely on high ground above the mean high tide or ordinary high water line and above any marsh or other wetland vegetation. All spoil material is to be stabilized or retained such as to prevent any excavated material from reentering the water or surrounding wetlands. No excavation of marsh or other wetlands Is allowed. , b. Bulkheads and backfill and riprap must be located 'no further than 10 feet or an average of 5 feet beyond w the mean high tide or ordinary high water line and shoreward of any marsh or other wetlands. No filling of wetlands is permitted.,' c. Rlprap material must consist of clean rock or masonry materials such as marl, brick, or broken concrete. Materials such as car bodies, tires, scrap metal, paper products, tree limbs, wood debris or other such material is not considered riprap. Any fill material must be free of toxic pollutants in toxic amounts. d. Piers, docks, boathouses, and mooring piles must be of normally acceptable materials such as pressure treated wood or creosoted wood and any floating facilities must contain flotation units which will not become waterlogged or sink when punctured. e. Maintenance dredging of canals, channels, ditches, or basins In open water areas or surrounded by marsh must be to dimensions no greater than the original dimensions as defined by the original permit or as clearly shown or otherwise defined by existing conditions. No excavation of marsh or submerged aquatic vegetation in such open water or marsh areas Is authorized and no excavation can occur In primary nursery or prime shellfish areas as designated by the N.C. Division of Marine Fisheries. f. No deepening of Inland canals or basins (located entirely in high ground areas) Is authorized beyond a depth of 6 feet below mean low water or ordinary low water or no deeper than connecting channels. g. No excavation, Including maintenance dredging, may occur during times designated by the N.C. Office of Coastal Management for protection of fish and shellfish resources. General Conditions. a. All activities authorized by this general permit that will Involve the placement of dredged or fill material Into waters of the United States or ocean waters, shall be consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1413) and pursuant to applicable State and local law. To assure preservation of water quality, before any work Is authorized by this general permit, a property owner, If required to do so, must apply for and obtain a Water Quality Certification from NCDEM In accordance with Section 401 of the Clean Water Act. b. To use this general permit, a property owner must make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse Impact of the work on fish, wildlife, and natural environmental values. c. To use this general permit, a property owner must prosecute the work authorized herein In a manner so as to minimize any degradation of water quality. d. A property owner shall permit the District Engineer or his representative to make periodic inspections at any time deemed necessary In order to assure that the activity Is being performed In strict accordance with the terms and conditions of this general permit. e. The property owner will maintain any structure authorized by this general permit In condition such that It does not become a hazard to navigation. f. This general permit does not convey any rights, either In real estate or material, or any exclusive privileges; and it does not authorize any Injury to property or Invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does It obviate the requirement to obtain State or local assent required by law for the activity authorized herein. g. Authorization provided by this general permit may be either modified, suspended, or revoked in whole or In part If the District Engineer, acting on behalf,of the Secretary of the Army, determines that such action would be In the best public Interest. Unless subject to modification, suspension, or revocation ;!the term-of this general permit shall be 5 years. Any modification, suspension, or revocation of authorization shall not be the basis for any claim for damages against the US Government. h. If subsequent to performance of the work should any Information and/or data furnished by the applicant prove to be false, incomplete,.or Inaccurate, the authorization may be modified, suspended, or revoked in whole or In part, and/or the US Government may Institute appropriate legal proceedings. 1. This general permit does not authorize the Interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage or Injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the'United States in the public Interest. J. Upon receipt of written notice from the District Engineer of failure to comply with the terms and conditZons of this general permit, permittee shall, within 60 days, without expense to the US Government and In such manner as the District Engineer may direct, effect compliance with the terms and conditions or return the workslte to a prework condition. k. This general permit will not be applicable to proposed construction when the District Engineer believes that authorization may be warranted but that the proposed activity might significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. 1. This general permit will not be applicable to proposed construction when the District Engineer determines that the proposed activity would adversely affect areas which possess recognized historic, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and S of the Act, and wild, scenic, and recreational rivers established by State and local entitles. (2) Historic, cultural, or archeological sites listed in or eligible for Inclusion In the National Register of Historic Places as defined In the National Historic Preservation Act of 1966 and Its codified regulations and In the National Historic Preservation Amendments Act of 1980. (3) Sites Included In or determined eligible for listing In the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of the Interior or Commerce and conserved In accordance with the Endangered Species Act (16 U.S.C. 1931). m. At his discretion, the District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an Individual permit In accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ROBERT K. HUGHES Colonel, Corps of Engineers 0 1 str i ct> E ng i hoer -. .. ?- .:1111 t State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director February 17, 1988 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, NC 27885 Dear Mr. Dodge: The enclosed permit constitutes authorization under the Coastal Area Management Act and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (yellow form) is retained by you and it must be available on-site when the project is inspected for carpliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal Resources Commission pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty (20) days of your receipt of this letter. You should also be aware that, by law, if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. Fran time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning pmmt conditions, environmental safeguards, or problem areas, you may contact Department personnel at arty time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, Jon .Parker, Jr., Chief Major Permits Processing Section JRP:jr/aw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer i Permit Class 2nd Renewal STATE OF NORTH CAROLINA Department of Natu2__ - Community Development ?2 ck Ex-1 0 L" In onmental ""AIL 12 11"' u ?0 yPfi t to NCGS 113-229 Issued to Mark Dodge, Route 1, Box 215-A, Swan Quarter, NC 27885 Permit Number 85-83 .T- authorizing development in Hyde County at Rose Bay Creek as requested in the'permitiee's application dated 2/11/83 including attached revised plats, _sheets 1 and 2 of 2, no date This permit, issued on Is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile shrimp and fin fish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. (2) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. No. (3) All spoil material must be adequately graded and provided a ground cover sufficient to restrain accelerated erosion within 30 working days of placement. NOTE: Prior to any work, the permittee, is strongly urged to contact a repre- sentative of the Division of Coastal Management and/or the Corps of Engineers •j to flag the approved alignment. Contact the Division of Coastal Management NOTE: Water Quality Certification No. 1648 has been issued by the Division , of Environmental Management for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1989 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. Zt?t2 A_?Z David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. ,.. Signature of Permittee IN REPLY REf ER 10 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 March 23, 1988 Regulatory Branch SUBJECT: File,No. SAWC083-N-048-0140 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: Through coordination with the North Carolina Division of Coastal Management, we have learned of the renewal of your State permit, No. 85-83, which authorizes maintenance of a canal and two basins off Rose Bay Creek, Rose Bay, Hyde County, North Carolina. Your maintenance excavation work, as authorized by your renewed State permit`, is consistent with the provisions and objectives of our general permit No. SAWC080-N-000-0291 (copy enclosed); and therefore, you may continue your work in strict accordance with this State authorization. Failure to comply with the State permit or any conditions of the general permit could result in a violation of Federal law. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, *thas W. Ho is Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina%Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 DEPARTMENT OF THE ARMY r Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Y General permit No. SAWC080-N-000-0291 Name of Applicant"-'GENERAL PUBLIC Effective Date February 6, 1986 Expiration Date February 6, 1991 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of March 3,1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act ' (33 U.S.C. 1344), is hereby re-issued under authority of the Secretary of the Army by the District Engineer Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 To authorize those construction activities that receive prior approval from the State of North Carolina in the form of the following authorizations: 1. Coastal Area Management Act (CAMA) Permit. 2. Permit to Dredge and/or Fill. 3. Water Quality Certification (Section 401 of the Clean Water Act). This (,general • permi t applies in,:Reaufort ?,f Bertie ?h.Brunswiek,,,"Camden 01- Carteret , Chowan, Craven, Currituck, Dare;-Gates;,"Hertford,'Hyde; New Hanover,'c"Onslow, Pamlico, Pasquotank, Pender, Perquimans,• Tyrrell, and Washington Counties,' North Carolina, U.S. Army Engineer District, Wilmington. 1. Opernting Procedures: a. Applications for State and Federal authorizations will be accepted directly and simultaneously by both the North Carolina Division of Coastal Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps). Receipt of a complete application by the NCDCM will initiate field review to N -2- include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will initiate Federal review. Immediately upon receipt by the Corps, an application will be assigned an identification number, acknowledged, and the appropriate Corps Area Coordinator will examine the application to assure that it can be processed pursuant to this general permit. The applicant and the NCDCM will be furnished written notification of the Area Coordinator's determination. Notification to the applicant will include a brief description of the, administrative process. For those proposals which may result in a discharge into the waters of the United States, the North Carolina Division of Environmental Management (NCDEM) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act. b. The NCDCM Environmental Consultant's Field Report will he furnished by the respective NCDCM Regional Offices to the Corps. The Corps will provide copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the U.S. Environmental . Protection Agency (EPA). Receipt of the Report will initiate the Federal agencies' review. The agencies will be provided sufficient time by the Corps, normally 30 days, before their comments or recommendations, including any recommended modifications or conditions necessary to make the proposal acceptable, must be received by the Corps. Should the agencies not comment within the review period, it will be assumed they offer no objections.- Extensions of time will be granted for agency review only if justified by unusual circumstances. If an extension is granted that would delay a NCDCM decision by the date on which an NCDCM decision must be made, the application may be removed from this general permit. c. The permit review process conducted by the NCDCM is a public process involving public notices in local newspapers, public hearings, and various public appeal procedures. In order to further inform the public, the Corps will distribute, at intervals of approximately two weeks, an.additional public notice listing those permit applications received and being considered by NCDCM and the Corps of-Engineers under,this`general.!permit since the preceding notice.-The notice will invite, for a period of not less than 15 days, public comment and/or requests for additional information and for public hearings. All comments will be considered in the overall State/Corps decision on the permit. d. This general permit does not, in any way, alter established procedures or responsibilities, as required by Federal laws, memoranda of agreement, or administrative regulations with respect to'the Corps' coordination with the review agencies. The applicant will continue to have the opportunity to rebut objections to the proposal. -3- e. After agency comments are received, they will be reviewed by the Corps and a coordinated Federal position will be prepared and furnished to the the NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field Consultant's Report. The coordinated Federal position will include all conditions. (including recommendations for denial) recommended by the three Federal agencies listed in paragraph b. (above) unless a changed or omitted condition has the pfior written agreement of the affected agency. f. In those cases where the Corps does not concur with conditions or, recommendations of one or more of the three listed Federal agencies, no coordinated Federal position will be furnished to NCDCM until and unless Federal agency agreement has been reached'including, if necessary, entering into the referral procedures outlined?,,by?`current memoranda of agreement between•the`Army and.the respective agencies.'The three agencies will be furnished ''af`copy'`ofIVthe coordinated Federal 'position_at_the _.t.1me_they, are furnished to NCDCM. g. If the conditions (including recommendations for denial) from the review agencies are unacceptable to the NCDCM, the NCDCM will contact the 'Corps within 10 days of receipt of"the Federal position to resolve the` conflict. If resolution of the conflict involves'changes to the conditions or recommendations provided by the Federal agencies, the provisions of paragraphs e. and f. (above) will apply, including the procedures of the'memoranda'of agreement,=if'appropriate. If the conflict is resolved to the satisfaction of the Corps and other affected review agencies, the NCDCM permit will he' 'issued and.the authority of the general permit will"apply. h. If the conflict is not resolved within the'time necessary for a decision by NCDCM, NCDCM may proceed, independently, to conclude the-State- action without inclusion of the Federal'position.= In this case, the applicant and the NCDCM will be notified immediately in writing that the State permit does not satisfy the Federal permit requirements and that the project in question may not proceed in the absence off Federal authorization. i. If the coordinated Federal position is not in'conflict with State agency positions, law, regulation, or policy and is otherwise acceptable to the NCDCM, a State permit will be developed by the .NCDCM fully incorporating the "State an&:,Federal positions. Copies.iof: hempermiC he 1urnished'to the applicant and the Corps. When required, a'copy of the Section 401;Water Quality Certification will be furnished,to the applicant and the Corps. - Issuance of both the NCDCM permit and the NCDEM 401 Certification, if required, must precede validation of this general permit by the District Engineer or his representative. -4- J. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that Federal authorization is also denied. k. Following Asuance of a NCDCM permit, the project will be monitored by NCDCM personnel and inspected for compliance in accordance with normal NCDCM regulations and procedures. Monitoring and periodic evaluation will also be conducted by Corps personnel. If at any time a violation of the NCDCM permit is discovered which would also have been a violation of the Federal position, enforcement action may be taken by both the NCDCM and the Corps in accordance with their respective regulations and policies. 2. General Considerations: a. All activities identified and authorized by this general permit must be consistent with the terms and conditions of this authorization. Any activity accomplished, but not specifically identified and authorized herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered appropriate by the United States Government. b. All activities authorized by this general permit which involve the placement of dredged or fill material in waters of the United States or ocean waters shall be consistent with the water quality standards and management practtces established pursuant to the Clean Water Act (33 U.S.C. 1344)., the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413), and applicable State and local law. To assure preservation of water quality, before any work is authorized by this general permit, a property owner, if required to do se, must apply for and obtain a Water Quality Certification from the NCDEM in accordance with Section 401 of the Clean Water Act. c. This general permit does,not authorize any activity which might affect a threatened or endangered species as identified by the Endangered Species Act (16 U.S.C.,1531) or-adversely modify•Icrit.ical habitat.lof:such species without consultation with`'the USFWS. aR n:u<d. When using this general permit; a property owner must make every reasonable effort to prosecute the work in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental"values. e. When using this general permits a?property owner must prosecute the work in a manner so as to minimize any 'degradation °of water quality. ,.,,` ?? f. A permittee will allow the District Engineer or his representative to make periodic inspections at any time deemed necessary in order to•assure that the activity is being performed in strict accordance with the terms and conditions of this general permit. 0000 g. The property owner will general permit in good condition drawings. -5- maintain any structure authorized by this and in accordance with appioved plans and h. This general permit does not convey any rights, either in real estate or material, or anytexclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal,`State, or local laws or regulations, nor does`it obviate"the requirement to'obtain 'any other Federal, State, or local assent` required by law for the activity.' i. Authorization provided by this general permit-maybe modified,• t suspended, or revoked in'whole or in`parv if'the District Engineer, acting on behalf of the, Secietaryof''the "Army, 'determines''"that' such action"would be in the' best`Apublic interest`.'`1°Modifi6ition,1`6 spension`, or revocation mays occur as a'result of the evaluation of the permitted'activities'and their individual or cumulative adverse impacts. Unless subject to modification, suspension, or revocation, the term of this general permit will be 5 years. Any modification, suspension, or revocation of authorization will not be the basis for any claim against the U.S. Government. J. If subsequent to performance of the work,''should any information or data furnished by"the applicant prove to"befalse,`incomplete,'or'inaccurate, the authorization may be modified, suspended, or revoked in whole or`in`'part, and the U.S. Government may institute appropriate legal proceedings. 111 k. There will be no unreasonable interference with navigation or the right of the public to riparian access to'navigable'waters by the existence'or use of the activities authorized by this general permit. ' 1. A property owner, upon receipt of written notice from the'District Engineer of failure to comply with the terms and conditions of this general permit will, within 60 days, without expense to the U.S. Government and'in such manner as the District Engineer may direct,' effect' compliance with the terms and conditions or return the worksite to prework conditions. m. This general permit does not apply to activities that would adversely affect an area listed in the NationaINRegister,of Historic Places or an area which`the,Secretary of the`Interior'through the"keeper of''the Nationgll ""4114' Register of`Historic Places"would determine eligible for inclusion intitheol- Register. Proposals under this general permit will be furnished by NCDCM'to the State Historic Preservation Officer'for'his comments prior to final'permit activity authorization. Also, this general permit does not apply to activities proposed to be located on wild and scenic rivers established pursuant to the Wild and Scenic Rivers'Act (16 U.S.C. 1278).` n. This general permit does not authorize the interference with"any existing or proposed Federal project, and the permittee will not be entitled -6- to compensation for damage or injury to the,structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. o. Any work performed in any area under the regulatory jurisdiction of the Corps which does not comply with the terms and conditions of this general permit must have prior approval under the customary regulations administered by the Corps as found in 33 CFR 320-329. 3. Conditions and Procedures: a. General. The aforementioned, detailed Operational Procedures apply to construction activities that, prior to issuance of this general permit, required State authorization in-the-form of-a- Coastal Area Management Act (CAMA) permit for major development and/or,a permit to excavate and/or fill and Federal authorization as required by Section 10 of the River and Harbor Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR U.S.C. 1344). b. Application. Any member of the general public proposing to accomplish construction activities under the authorization of this general permit must submit an appropriate, complete application with drawings to the Wilmington District Engineer and the appropriate regional office of the NCnCM. c. Validation. No work may proceed under this general permit until and unless the District Engineer or his representative provides written validation that the procedures and conditions of the general permit have been satisfied. 4. Exemptions: a. This.general permit will.not he applicable to proposed construction when the District Engineer.believes that authorization may be warranted but that the proposed activity would significantly, affect the quality of,the.human environment. b. This general permit will not be applicable to proposed construction when the District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historical, cultural, scenic, conservation, or recreational values. Application of this exemption applies.to: ,0) Rivers named in Section,3 of the Wild and Scenic Rivers-.Act, (15 U.S.C. 1273); those proposed for inclusion-as provided by,Sections k and 5 of the Act; and wild, scenic, and recreational rivers established by State and local entities. (2) Historic, cultural, or archaeological sites listed in or eligihle for inclusion in the National Register of Historical Places as defined in the -7- National Historic Preservation Act of 1966 and its codified regulations and in the National Historic Preservation Amendments Act of 1980. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined, by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). c. At his discretion, at any time during`'thetprocessing cycle, the District Engineer may determine thati"this.general permit will not be applicable to a specific construction proposal. In such case,.`the procedure. for processing an individual permit in'accordance with 33 CFR 325 may be initiated. BY AUTHORITY OF THE SECRETARY OF THE ARMY: vV ?L WAYNE r.HANSON Colonel, Corps of Engineers District Engineer ? .a STAIL u r,. ?t f 1 -?f State of North Carolina Department of Natural Resources and Community Development [division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett William W. Cobey, Jr,, Secretary Director January 19, 1990 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, NC 27885 Dear Mr. Dodge: r The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Lave, for you to proceed with your project proposal. The original (buff colored form) is retained by you and it trust be available on-site when the project is inspected for carpliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or arty of the conditions, you may request a hearing pursuant Ito NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with N.C.G.S. Chapter 150B with the Office of Administrative Hearings, P. 0. Drawer 11666, Raleigh, NC 27611 (919) 733-2698 within 20 days of this decision oo your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. - From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, ''? ??' - - h R. Parker, Jr., Chief Major Permits Processing Section JRP:jr/aw P.O. Box ^766- Raleigh, North Carolina 27611.7687 Telephone 919-733.2293 Enclosure A-, Equal Opportunity Ahirmaove Action Employer Vermit Mass 3rd Renewal Y n? > Permit Numbcr 85-83 ?• Issued t2 Mark Dodge, Route 1, Box 215-A, Swan Quarter, NC 27885 R '; r authodzipg development in Hyde County at Rose Bay Creek as requested in the permittee's application dated 2Ll l /83 i ncl udi ng attached revised plats, sheets 1 and 2 of 2, no date. This permit, issued on January 19, 1990 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of "Jams may be subject to, a fine, imprisonment or civil action; or may cause the permit to be null and void. s ,o ? y •,ti: *Thi s renewal must be attached to the ermi t i ssuedl :on June, RIB j . 15, 1983, the 1st renewal issued on 10/27/86 and the 2n'd' renewal issued on 2/15/88 and be available on site when Division personnel inspect the project for compliance. All conditions'and stipulationA: t), of permit #85783 apply to the project under'this renewal,ki t Or . r4 T418 permit action may be appealed by the permittee or other` qualified persons, within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department persptlnel when the project is inspected for compliance. yL . Any maintenance work or project modification not covered hereunder requires further Departmental approval. Ali work must cease when the permit expires on January 31, '1991 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina ?ro????(' t?al Management Program. ?•h4?. .I ?.1YX ` . STATE OF NO,?L CAROLINA Department of Natural Res?u?sl r unity Development A" ?.; ? Coastal Resources G? }??aC I o X X ' ?' •? I `. '! for .? / .:. , . • ?i: ?' ? ?_ .'?;,?: Major Development`14 ` ental Concern pursuant to NCIGS,1'1 * ' .11 ff JAM t? Excavation and/or filli ng pursuant to NCGS 113-229 ,:Signed by the authority of the Secretaty,df DNRCD and ,the Chairman of the Coastal Resources Commission. George T. verett, Director ivision of Coastal lvlanappent This permit and its conditions are hereby accepted. f Sign'aGu?e of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 y WILMINGTON, NORTH CAROLINA 28402.1890 i r February 5, 1990 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. CESAW-CO83-N-048-0140 and State Permit No. 85-83 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: Reference your State/Federal permit authorizing your maintenance of a canal and two basins off Rose Bay Creek, Rose Bay, Hyde County, North Carolina. Through coordination with the North Carolina Division of Coastal Management, we have learned of the renewal of your State permit. Your work continues to be consistent with the provisions and objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may continue your activity in strict accordance with the renewed State permit. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalities. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Norm Sanders, telephone (919) 975-3025. Sincerely, W ne Wri t cting Chief, Regulatory Branch Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 12, 1991 Regulatory Branch % Action ID. 198300140 and State Permit No. 85-83 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: Reference your State/Federal permit authorizing your maintenance of a canal and two basins off Rose Bay Creek, Rose Bay, Hyde County, North Carolina. Through coordination with the North Carolina Division of Coastal Management, we have learned of the renewal of your State permit. Your work continues to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may continue your activity in strict accordance with the renewed State permit. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalities. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Norm Sanders, telephone (91.9) 975-3025. Sincerely, G. ne Wrig t hief, Regulatory Branch Copies Furnished: Mr. John Parker Division of Coastal Management -- North Carolina Department of Environment, liealth and Natural. Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street * Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey' Jr., Secret&-y May 5, 1992 Roger N. Schecter, Director Mr. Mark Dodge Route 1, Box 216-A Swan Quarter, NC 27885 Dear Mr. Dodge: The enclosed permit constitutes authorization under the Coastal Area Managernent Act, and where applicable, the State Dredge and Fill Law, for you to proceed v4th your project proposal. The original (buff colored form) is retained by you and it crust be available on-site when the project is inspected for cmpl i ance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding mans you have waived your right of appeal described below. If you object to the permit or arty of the conditions, you may request a hearing pursuant rto NCGS 113A-121.1 or 113-229. Your petition for a hearing mast be filed in accordance with N.C.G.S. Chapter 1506 with the Office of Administrative Hearings, P. 0, Drawer 11656, Raleigh, NC 27611 (919) 733-2698 within 20 days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter ITust be resolved prior to mrk initiation. The Coastal Resources Commission makes the final decision on arty appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all WA mast be carried out in aceondarce with your application. Nodifications, time extensions and future maintenance require additional approval. Please read your permit carefull and reviEw all project plans, as approved. If y prior to starting wind be to your benefit to be sure that he fully understands allavi?t the work done by a contractor, it would permit requi remnts . - From time to time, Department personnel will visit the project site. To facilitate this review, we request that you co7plete and mail the enclosed Notice Card just prior to work initiation. Haver, if questions arise concerning. permit conditions, envirorrmntal safegUtrds, or problem areas, you-may contact DepartnLent personnel at arty tirre for assistance. By iorking in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, R. Parker, Jr., Chief Major Permits Processing Section JRP:jr/&i Enclosure P.O. Box.-27687, Raleigh, Nor--.h Carolina 27611.7687 Tclcptionc 919.733.2293 y w ,7i ? y+a i ." '? A ? o +Y r 'Y r ! n4 ?? p?t?..?enn y_ , Pc ?'?# 1 #nRNF A i r 4 t fi t i i n ??w'? y? Y}Si{ " + N? 1 Srt i-it Number ` ,>.a ,? W,.k;.? 6th REN Mt L ?f/S4G y y {ty8 { v T4 <NI iv+±r^/'L?Dt? t?" /?t? ??r}#! Nw e P( t y? ' i?J v3 .r ?t?6? k fU r r b M ?? * g x/ ` a}r h ` ?iJJLL""? ?. ' << S TS Q k/1t ARV a Tr '; ? , ? rvn p e DePartment of `Natural RCSOUrces r p ?fM ,.'jM.y, {y.+i+?\i];?. 0,,?e;,. ,n t-A l r i aG' } °,..; ; v ifd??Yrtd.? ?q, •1 k,Fn-4.? -,n 7i tk.>GRt,; ,1Y rr1y.'`t '? „`rY 4?t.. ,{?tN?B'`"'J.e" -z h?`'° rr {{ ? 4 ?r r??1(? , :,;.+?•$.4k },?? ? 9 ' .ytH3 ;r ? r? ? ,?.L i:I 1;c.. 'lN1 t Ma rfik'r?+' *r '? } f'+ +; 'y``+ ''.k'? T"H a r7. •1,'Ar „ h n h kf c?;,G'. ?'yvA l7t?}yr•y f^ r,Nj3?w ?s"j, <, ! n."+Ja4'k 4 4;?vty i ..r ! t .. a yg•t?y? > Ma i rn , , .. fi ..'' 'F = i?' 0 yi 4{1 kt '.. dw.r.hw'. -.r r.•tlil. r" iAW ``A.t o l; 11 s ;' f yr t r ,,'71?4?}. ? 4 Yf '`{, idrt ,y t 'Y ,.r >, *'u wM i;W b Y c. ,? rg/ .t? .? { _? 6 r 3 +u 6 c it r ,4 ity+t?d??'?}?. 9 ?. JItJ '?.: Cy, ?.n yrYfti - ?r•. - ? ;??3?'? r°"e l?.t ; '??, ? i??" At ??r•.ti r?: J.. + r a ." 7 ' ' } ?'X Major,DeVel ental,Conceil? , t tie' r ,+ ` l r / < 4 #i Mr?? r u Y t r t . K. 'F?" x yk?1p yR) y,``°?f t t 1_44 r?UM Ou to 4•'6 ?'• '! +,d '.i?Gtr Q f ?,u' nP R 1 •, .. ` * f ABC` i4 ry ?F`t A i .I yYy .i e ^"4 r ?. y ? S, a Mk ? fL t w' :' tS" M.. t ?' ` y ? ,. " r'T a'fi' r< •t (;`,ly 4 ,?! r "M r ''d fYMEMtt{?sr-?.•S ??v'n 1` ry,. +?? {? '. ?' ?^Sr t,??E .n e 6' sir r r "rc''+„.J?,k ih...?`?.. Z 1 1 ..A ?? ?+_ y !?tw r `Rdtrt? S, `>21=A' an:? uarter ' NC ' `278854 'r , . x ° T ??i fir, w,•, ?r _ ? -r . ? .'? !? r''iY '?f?a +'?-1r1..QrY l,r 'e .?E'.`4 ,}°+"?°.R'!jc°•-1 'r fi a 'requested fin the penmitteels appiicatioj,a ett r• dat d A i r ' yp ? r r•f. 'rbtr,?,r e x ., r 1 ?d, -k ?'"?e' ?y. ,Ryir .`ri4° 4' at: +A, } v u• ` My dl' ,= `' E t rM'„ t. asuof ?"' M Se 1992 a'^> is`su 0 to com liAnce with the a lii Lion (wberE onsistent Th nmm , od . P PP 'with tf pern?it,Saill applicable regulations; special condidans and notea`fiet forth below ;Any violation of these terms may bo ubjct'to'anenpnsonmeiatQr civil action; or mar cause the permit to be null and void> r s r R ' , '? ? • t +?1? , ? " 4'r i?',?C I ` t r . k ? . ?? ' • r`., yE,'=? t?y?,r??e:' n . ? . !n„?r. a, `' ? "?. ? #'??.ir Y.F eal' ?p •rt, \.. , '"1G?xy ,?1 r - 1 -.'k' i 'r,+,it #. ' N ,, :r v .. e;i ' `+ Sr !!'?.. 1.• tir P M.,+ A e ;?' '.,i:'?'+° t ,r 8"'• rte, .; "' rte, ..8 t ?,?^. ti ?s:',renewa?J'must L;,b? }attached tone, original of permit};No, € f" i 14 subsequent modificationssand K$5.83??,issued,4"on '/15 83??and4;,611-t?" ?7 2 ?1?Opewal s; r Ali .: tiocuments?, m t be r?adi ly avai 1 ab1 a 'on si a When ivision ':'represenba?iVe spects the project for' ` compliance: `?''= T : ,.1 •Gr%t ?l iS'R'`t .. '?F+?r `., p< w y?'f?y; in ;to grant;i`ng,,; another me , extensi c this on tie "n" .._? *< require .updatgd;-workpl'on. draws ngs ,'showing;.. work : o`that has o Oeenxdompl eted and 'work :that has, 'not yet, been compl ete& k, 444 ry,t ? a4 '? t .!+ 'ti A •?'' .kr'r • e. ?. ?.. ? J This' tpe i a of to tie appealed by the Perin ttee `or;; `? ' _'' Signed by the authority of the Secretary of DEHNR and the ` ° mmissiotu other quta?#l?ed pons tWthin twenty; (20) `day?'bf the >r man of the Coastal Resources Co .. . issuing"dgte, An aappegVtequires iisolutlon prior' t8 work,,,"A ` rt Inid do' rnondtntance, as the ca$a may be y 3r 11us pnm?it, dust be arcessitl9e bn gfte.to bepartment r pnl Mien therprbject is ins ,?ected fnt' coinpllance, n r f s d> Ky y, N. checter,, Director T Any. main ante work orLpirojeet mod#fi adori`vtwty, y t'Coastal blana$ement. Division a ,. co?+ere here# equire& RtrtherDepatmentalapproval AllvS uscease;?hen the permit esplcs nn ° , This permit and its conditions are hereby accepted.' x 1993 r J-? r 5 ??"'.?t+,i {,y .?'!?. .. X• , f .? r •(f 7" >F' ,b 'iW 1 " , ?' w1 L A?rtrv 1'jr ,j` t ,}t 1 ?t b N' D '1. ttmg tlpemt, tli State ;of INoitii Caro1(na a i . r ' "J to 3 tl r x? " r r „ t 9 u ?'' = r ?: ",. " i ' lyfr?K' ' ?. 8.. • s ? y Si?aI W V {, e?n?tWy r ?r 'Ir,y... i.+ ,'y'. a,r k?-... ? /?,,?1?.¢'" I r r ' i ':t?? .+.i =f .. ?? r8 •?p{ r}?..: :? ,. ?' -? i"'-..,h,• „r. - . i i,. DEPARTMENT OF THE ARMY .f''?•, '` WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 28, 1992 Regulatory Branch, Action ID. 198300140 and State Permit No. 85-83 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: Through coordination with the North Carolina Division of Coastal Management, we have learned of the renewal of your State authorization to maintain a canal and two basins off Rose Bay Creek, Rose Bay, Hyde County, North Carolina. Your proposal continues to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may continue activity in strict accordance with renewed State authorization. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Gary Mitchell, Washington Field Office, Regulatory Branch, telephone (919) 975-5811. Sincerely, ne Wri t Chie Regulatory Branch i -2- Copies Furnished: Mr. John Dorney , Water Quality Section Division of Environmental Management North Carolina Department of i Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 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 Post Office Box 1507 Washington, North Carolina 27889 e ?;.. 5T 7Z r ~ ?Y t? State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor DIVISION OF COASTAL HANAGEHENT 11 February 1993 Mr. J. Mark Dodge Route 1, Box 216A Swanquarter, North Carolina 27885 Dear Mr. Dodge: Jonathan 13. Howes, Secretary This letter of refinement is in reference to your 8 February 1993 request to modify Major CAMA and Dredge and Fill Permit Number 85-83 issued to you on 15 June 1983. Permit No. 85-83 was issued for the widening and deepening of your entrance canal, excavation of mooring basins and installation of a marine railway onsite your property off of Hwy 264 near the Rose Bay Community on Rose Bay Creek in Hyde County. Your request to modify the aforementioned permit to allow a minor realignment of the permitted basin with boat ramp within the same dimensions as already permitted is hereby authorized. All permit conditions including the 15 April 1993 expiration date still apply and remain unchanged. Your modified plat illustrating the authorized change will become a part of your permit and construction should be accomplished accordingly. Thank you for your time questions please don't hesitate Regional Office (919) 946-6481. and cooperation in this matter. If you have any to contact me or David Gossett in the Washington Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office TEM/pp cc: David Gossett - Field Representative, Washington Regional Office, DCM Preston Pate - Assistant Director, DCM John Parker - Major Permits Chief, DCM Cliff Winefordner - U.S. Army Corps of Engineers, Wilmington Office Dave Lekson - U.S. Army Corps of Engineers, Washington Office P.U. Box 27687, Raleigh, North Carolina 27611-7687 Idephonc 919733-4984 lax k 919733{1513 An Equal Oplx)rtunity Affirmative Action Emplovcr State of North Carolina Department of Environment, Health, and Natural Resources • 512 North Salisbury Street • Raleigh, North Carolina 27604 Division of Coastal Management % James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary May 5, 1993 Mr. Mark Dodge Route 1, Box 216-A Swan nuarter, NC' 27885 Dear Mr. Dodge: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP.jr/ssb P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-7334984 Fax 1919-733-0513 An Equal Opportunity Affirmative Action Employer rF S) SU%nryded/10%pud-arrrunwp9w N r ✓� *�b r�, y fir, ° 'M'.' � 'SW � 1 r r �� � r � !. j,, `M , '+' �r+� •tf�'E+ 1 ��' ` Y i `� � '� � ! *�9 C I @ F �' � i"i l . ��; +I yg Y ,. ry° r '^� ti PC. �.+i r,t, N� ,�:� `" � • 111 1 • jl'., fltl'•. i i,111� �»r '!� • o � •i r ;r 1, t'. ..-,pps s � .i �'� Jl<": f�.f��'y``�,Fj.;x�• t _'r, /y. �IN�•1.'_ t m -. m! IlYmf �. 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'�+ -^l��e'•'}a,�.1rlm'i�, .'1Y'Mr 1 14 pill �,+pi..��".tYXir�i__�l�' IC1'�'�4•r`M(�^.�r l�fa�iRk•�•�a'10•d+\1,fmriy5,.I��'i:t,�/F.t�wI>•aM1vuira''4a .�rtI4,"1`+L�.� 'E•+a OL r.'. .✓,.* 1F�'..ir�r1-th'.t,..C.:t1,r �'a^;":•`i�3�4C,ye if " �K. Vl•• fy}J Wrt��1,Lr mi 777I'I,a r'l l�Mv �k?�•a�" i ,i(x 1 x {.tlR'tTmo 1IxIA¢¢c1{»hry�(4r� l� Szti •l�,r."r:a:._�t,�'. W.AM m.k.' ; .!i •71 1 l ' Pw . LV IY- 0) -k M, fj If 1: Ii • 11 1 • • 111( •v jr144, xvi•,.4-- . ,, r ?' •s� �� ti r.. \' 11 %i 01. , ,�.'•�Ilt";,�I .I rx 'r� '� r� "7F,�� � ��aii� 'r 'Y' is !'{�M' RE R ri�1 Y 11 *.:. ,,b, �itjM ..• R 4�r� ya„r Y /N. ri L � ',y+� , ':m,m r �^ t»MY1►..u.. #W l'v, 4°ti .4 • a a 4 �"" �"'�. . � p 4 v f;Y; , :: c } $;' ty# , iKINO 1 �•11�t""'"�'�1�^t�' mi.�S+�•iy�,'(ii1 • � �. y .1.i�Vt't�u, S' J .�� `,syr' �i1 �! ;1 i E��WI I„ nl lyxi ��•, 11' 1 f i!s,"3k yt ,a ry ; ''� jt' .t at>� I . 1 i ( • . 1 {11 4 � ave Iyt�y�'� �,,t� » \ % d r � y It '�N '�. � y r • �M+p'++^!. yi�N / ?, J ^Gb +. V l , , +/+ Z,iivF iti «t P • x ,h}r est. �.€1 y l• jx „ N w, .` ' ` +i{Y1'� �,,,t•�!''-+�'R.�r�!�st��•••IA.el:'�••!$`�,,tl"d!►R'•t".'�-' rr.. Rr���!'�!:4�'�"y�n }l.*`"�`U..l;,r, .y,. �k1; �pve 7PT!�k.'!(������ 'it all�"r•C.�krACW R'C-•V.a`'Y rt r' 1i�il +"'�^fAi�'v'ix:'�`. ^i .&`, .433: • tr • Lrs �n'. .0 .: s?�3^ i... 'w': , r �y',�. a {7 f. r'3t"F"r.: rz ,»yl'SR DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 12 , 1993 Regulatory Branch Action ID. 198300140 and State Permit No. 85-83 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: Through coordination with the North Carolina Division of Coastal management, we have learned of the refinement of your State authorization to maintain a canal and two basins off Rose Bay Creek, Rose Bay, Hyde County, North Carolina. This refinement provides for a minor realignment of the basin and boatramp. Your revised proposal is consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may continue activity in strict accordance with your refined State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any additional change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. David Lekson, Washington Field Office, Regulatory Branch, telephone (919) 975-3123. Sincerely, ne Wri t hie , Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Ralc4igh, North Carolina 27611-7G87 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 Post Office Box 1507 Washington, North Carolina 27889 - - -t'Fi:.' /r. V07::E / `cam ._.- ...! OF 77 0 r, U,Vcc 193 77• 8 F?br, ?y 1993 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 2, 1993 Y Regulatory Branch Action ID. 198300140 and State Permit No. 85-83 Mr. Mark Dodge Route 1, Box 215-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: Through coordination with the North Carolina Division of Coastal Management, we have learned of the renewal of your State permit which authorizes you to maintain a canal and two basins off Rose Bay Creek, Rose Bay, Hyde County, North Carolina. Your proposal continues be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may continue activity in strict accordance with your renewed State authorization. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, Vne IWght 1?`Chief, Regulatory Branch -2- Copies Furnished: Mr. John Dorney , Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources .Post , Office ;Box 27687, Raleigh, North Carolina 27611.7687 ,Mr. John,Parker Division of Coastal,Management T ,. 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 r Post Office Box 1507 „Washington, North Carolina 27889 ; - 4 , ?. I j HYDE COUNTY HEALTH DEPARTMENT 1151 Main Street • 11.0. Box 100 • Swan Quarter, N.C. 27885 Telephone 252/926-3561 /,iuda ?l?atu, llealth Dirvaor IMPROVEMENT PERMIT Permit No: 12100-2 Date: January 21, 2000 Permittee: Mark Dodge Address: 231 Rose Bay Loop, Swan Quarter, NC 27885 Phone No.: (252) 926-9961 Property Location: Rose Bay Loop R., behing Dodge Railways Facilities to be served: 2 bedroom house Water Supply: community Wastewater Flow GPD: 240 gpd Wastewater System Type: II-c, shallow placement Wastewater System Repair : NA Long Term Acceptance Rate: .4 gpd/sq.ft. Absorption Area: 600 sq.ft. Septic Tank Capacity: 1000 gallon tank with filter Pump Tank Capacity: NA Total Bed/ nch ength: 201 lin.ft. consisting of 3 lines @ 67' each Bed/ enc pacing: 9' on center Maximum Be renc Bottom Depth: 18" (inches) below the existing fill surface IMPROVEMENT PERMIT MARK DODGE PAGE 2 CONDITIONS: 1. Installation of the wastewater system shall be in strict accordance with the approved site plan and all specifications which are a part of this permit. 2. Place a 6" cap of topsoil over the drainfield to extend 5' past the trenches prior to tapering. Shape to shed surface water and establish a grass cover. Maintain grass height not to exceed 3"-4". 3. Maintain a 50' setback from the canal to all parts of the wastewater system. 4. Use water conserving fixtures i.e. 1.6 gallon flush toilets, 2 gpm shower heads, and 1 gpm all lavatories. *************************************************** This Improvement Permit shall be valid: For a period of five years upon a showing satisfactory to the Department or the local health department that the site and soil conditions are unaltered, that the facility, design wastewater flow, and wastewater characteristics are not increased, and that a wastewater system can be installed that meets the permitting requirements in effect on the date this permit was issued. This permit is subject to revocation if site plans or the intended use changes. Authorized Agen • Env ronmental Health Socialist Hyde County Health Department HYDE COUNTY HEALTH DEPARTMENT SITE PLAN loe MARK DODGE ?? PERMIT # 12100-2 ? CANAL 150' 50' CANAL 50' 10' O w rn V m N 30.00 feet 1:360 HYDE COUNTY HEALTH DEPARTMENT 1151 Main Street • 11.0. Box 100 • Swan Quarter, N.C. 27885 Te1cphone 252/926-3561 DIVISION OF ENVIRONMENTAL HEALTH AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION Installation: XXX Expansion: Repair: Permit #: 12100-2 Date: January 21, 2000 Owner: Mark Dodge Address: 231 Rose Bay Loop, Swan Quarter, NC 27885 Phone No.: (252) 926-9961 Property Location: Rose Bay Loop Road, behind Dodge Railways No. of Bedrooms: 2 Business (No. o ple eats, etc.): 4 max. System Classification: II-c, shallow placement Wastewater Flow: 240 gpd Linda Mayo Ileallb Dimdor Water Source: community AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION MARK DODGE PAGE 2 CONDITIONS: 1. Installation of the wastewater system shall be in strict accordance with Improvement Permit #12100-2. ************************************************************** This Authorization For Wastewater System Construction shall be valid for 5 years from the date of issuance. Envi nmental Health Specialist ate Pertaining to BLOCK 2: Cama And Dredge And Fill General Permit #2284 Cama And Dredge And Fill General Permit #3604 Cama And Dredge And Fill General Permit #3619 Cama And Dredge And Fill General Permit #3620 Cama And Dredge And Fill General Permit #11327 Department of Army - Corps of Engineers Dated 04/12/93 Hyde County Building Permit #2292 Hyde County Health Department Dated 10/ 19/99 O , r, f ),J CAMA AND DREDGE AND FILL GENERAL %) PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC Applicant Name of ?? ?U Phone Number Address City . ?? A K qt U_ A ?` State X1 L Zip Z_ 7?d Project Location (County, State Road, Water Body, etc.) II Tyne of Project Activity f et 1a J m ck 1 11 ?'- PROJECT DESCRIPTION SKETCH j?N~Y Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, channel dimensions, cubic yards. Boat ramp dimensions Other /////& / ?- r (SCALE: PC) A- ' ) Nc7? . Pf qj ?-r t / C) , ?C Y U This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. applicant's signature T? permit officer's signature issuing date attachments expiration date "? ' '_, In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee Management Program. O K< Applicant Name Address City Pro' ct Location 0A . C Type of Project Acti CAMA AND DREDGE AND FILL GENERAL 3604 r,. PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC r / 1 trc--; Ker I:? > t, Phone Number V2 S iS V, 4? c Ile State Zip runty, State Road, Water Body,,etc.) -? d r << ?? . ???• fr ?_?.> r, -` \,A ?. mil` 4ty PROJECT DESCRIPTION I SKETCH Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other C X IAA' (SCALE: 1 Ij f??l1z?) ?l This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. i --- applicant's signature i permit officer's signature issuing date attachments ti i t1 c >?? expiration date ) In issuing this permit the State of North Carolina certifies that C this project is consistent with the North Carolina Coastal application fee Management Program. CAMA AND DREDGE AND FILL GENERAL PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Commun 3619 6 / q -1;? ity Development and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC / 5 Z? Applicant Name ca v- 1o C Phone Number 9LK 9 ?l Address o - _ City 51 A, t 'K 01 c f/ State n/ C.._ zip ??'S Project LocatiiAon (County Jy??Stat Road, Water Body, etc.) lZ ?? L Gl f Z6 Type of Project Activity t O? PROJECT DESCRIPTION I SKETCH Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, channel dimensions -y'X 30? X 6 cubic yards Boat ramp dimensions Other c .S U y 7- I q LO 4F Gv o-l / L? 7-F-0 N (SCALE: /(/C &_e= ,l fps/ N To ?01ebf,-/ This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. )el / ,n(, applicant's signature This permit must be on the project site and accessible to the 1 permit officer's signature permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro ject is consistent with the local land use plan and all local issuing date piration date ordinances, and 2) a written statement has been obtained from ) adjacent riparian landowners certifying that they have no ?[4? objections to the proposed work. attachments In issuing this permit the State of North Carolina certifies that ,v?? this project is consistent with the North Carolina Coastal application fee ?V Management Program. CAMA AND DREDGE AND FILL PROJECT ?`- ,at ramp dimensions t her 0 Y s permit is subject to compliance with this application, site wing and attached general and specific conditions. Any ation of these terms may subject the permittee to a fine, rrisonment or civil action; and may cause the permit to be applicant's signature is null and void. s permit must be on the project site and accessible to the permit officer's signature mit officer when the project is inspected for compliance. applicant certifies by signing this permit that 1) this pro- is consistent with the local land use plan and all local issuing date Z 3 (_?? expiration date inances, and 2) a written statement has been obtained from J scent riparian landowners certifying that they have no actions to the proposed work. attachments - /???? ssuing this permit the State of North Carolina certifies that project is consistent with the North Carolina Coastal application fee ,aaement Prnoram PERMIT GENERAL 362 as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission plicant Name in an area of environmental concern pursuant to 15 NCAC _ ? Phlone -" Number mb , rl ctr ?- ??? ? ? er ?? 6 dress y c l.1- U r?? Stale ?1 ? ?-- Zip ?7 . Z ,ject Locatio (County, State Road, Water Body, etc.) t.? S y G y 1211, pe of Project Activity C- ECT DESCRIPTION SKETCH (SCALE: e r (dock) length /V ruin length` number ?Ikhead length L l ! f.' ? V / C r max. distance offshore ?` \ r sin, channel dimensions ?.v c >G ubl`c' y?a rds ?O ` t o ? IVbT?= IM ? t??/f? (/or--- l`??{5/? CAMA AND DREDGE AND FILL No 11327-V GENERAL PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC 07// /-So,9- Applicant Name -2l/ Phone Number 9,-26" Address ,?3,x 2 le- A city __??°, C - //Stato ---N`----- Zip-?SUS' Project Location (County, State Road, Water Body, etc.) ?yE hrttrtAiq G„1-4-1- Type of Project Activity V i"V?la PROJECT DESCRIPTION I SKETCH Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, Q6awnel dimensions /.?Ik.Sd (X'c, F 3??,3 .-.-??. cubic yards Boat ramp dimensions Other 3 a,,o e, £ /7 k 's:-,, , Ar Ao r; o led 4-- /rte (I This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. i This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. (SCALE: /nYP? N _e xca L 4/ T, U(1_ / -7` applicant's signature permit officer's signature issuing date attachments J / application fee 4,SOV C?A? ( I It 9l?), expiration dale DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 2, 1993 Regulatory Branch Action ID. 199301728, General Permit No. CESAW-CO82-N-000-0277 and State Permit No. 11327-B Mr. Mark Dodge Route 1, Box 216-A Swan Quarter, North Carolina 27885 Dear Mr. Dodge: 11 Through coordination with Mr. Ted Tyndall of the North Carolina Division of Coastal Management, we have learned of your plans to enlarge a basin on a manmade canal off Rose Bay, Swan Quarter, Hyde County, North Carolina. On January 1, 1992, we renewed general permit No. CESAW-CO82-N-000-0277 (enclosed) that authorizes excavation and filling; construction of piers, docks, bulkheads, and boat ramps; placement of riprap and mooring pilings within manmade basins, canals, or ditches located entirely on high ground; and maintenance dredging of canals, channels, basins, and ditches in open waters or marsh areas (with high ground disposal) in North Carolina. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. If you have questions, contact Mr. Gary Mitchell, Washington Field Office, Regulatory Branch, telephone (919) 975-5811. Sincerely, e Wrig C i Regulat y Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Mr. Terry Moore Division of Coastal Management Washington Regional Office North Carolina Department of North Carolina Division of Natural Resources and Coastal Management Community Development Post Office Box 1507 Post Office Box 27687 Washington, North Carolina 2788;9 Raleigh, North Carolina 27611-7687 R DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General /Permit No, SAWC078-N-000-0080 Name of Permittee: General Public Effective Date: April 1, 1988 Expiration Date: December 31, 1993 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by the District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO MAINTAIN, REPAIR, CONSTRUCT AND BACKFILL-BULKHEADS AND RIPRAP MATERIAL STRUCTURES ALONG ERODING SHORELINES'IN NAVIGABLE WATERS AND WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. 1. Special Conditions. a. Structures authorized by this general permit are treated wood, concrete slab, asbestos, steel or aluminum sheet bulkheads and broken concrete, marl, brick or rock riprap structures, with or without back£ill material, conforming to the standards contained herein. Other construction activities are not authorized by.this general-permit. b. This general permit is applicable only for work along shorelines exhibiting erosion. c. This general permit is applicable only along shorelines which are void of wetland vegetation or where all construction is accomplished landward of such vegetation. This general permit does not authorize the placement of any fill material in marshgrass or wooded swamp. -2- d. 'Bulkhead and riprap structure alignments authorized by this general permit will not exceed a linear distance of 500 feet along any shoreline. e. Bulkhead and riprap structure alignments authorized by this general permit will not extend farther than an average distance of 2 feet waterward from the mean high water (MHW) elevation contour in tidal areas or from the average water line (AWL) elevation contour in nontidal areas. f. Bulkhead and riprap structure alignments authorized by this general permit will not extend farther than a maximum distance of 5 feet waterward from the mean high water (MHW) elevation contour in tidal areas or from the average waterline (AWL) elevation contour in nontidal areas. g. All backfill material will be obtained from an upland source and confined landward of the bulkhead or riprap structure. h. The use of tires, car bodies, scrap metal, paper products, tree limbs and stumps, asphalt or other such debris is not permitted within bulkheads or riprap structures or as backfill material. i. All backfill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. J. Fill material will be placed landward only of bulkheads or riprap structures that are fully inplace and that are impervious through structural tightness or the use of a suitable filter cloth. k. No excavation is permitted by this general permit except for that required for installation of the bulkhead wall, deadmen; cables, etc. 1. No attempt will be made by the permittee to prevent the full and free use by the public-of all navigable``waters"at of adjacent-the authorized structure. m. The permittee will maintain the authorized structure in such condition so as not to present a hazard to navigation. n. The permittee is hereby alerted to the possibility that the authorized structure may be sub,ject'to damage by wave wash from passing vessels. This general permit does not relieve the permittee from taking all proper steps to insure the integrity of the authorized structure. The United States will not be held liable for any'sueh damage. o. This general permit is not applicable to any work on Atlantic Ocean beaches. p. Individuals seeking to verify the authority for construction pursuant to this general permit should provide the following information to: / .1 -3- The 'District Engineer, Wilmington District Regulatory Branch Post Office Box 1890 Wilmington, North Carolina 28402-1890 (1) Their name, address and telephone number. (2) The location of the work, including waterbody, nearest community and county. (3) Characteristics of the structure, i.e. length, distance off shore and type and quanity of fill, material. 2. General Conditions. a. All activities authorized by this general permit that involve the placement of fill material into waters of the United States will be consistent with applicable water quality standards, effluent limitations, and standards of performance, prohibitions, pre-treatment standards, and management practices established pursuant to the Clean Water Act (33 U.S.C. 1413), and applicable State and local law. To assure preservation of water quality, before any work is authorized by this general permit, an applicant, if required to do so, must apply for and obtain a Water Quality Certification from the North Carolina Division of Environmental Managment in accordance with Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit.- c. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms and conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, effect compliance with the terms and conditions or return the worksite to._a.pre-work condition. .. ?, .. d. The permittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on,fish, wildlife and natural environmental values. e. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge, Increases such that the turbidity in the waterbody is 50 NTU's or less will not be considered significant. f. The permittee will permit the Wilmington District Engineer or his representative to make periodic inspections at any time deemed Necessary in -4- order to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this general permit. g. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. h. Authorization provided by this general permit may be either modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension, or revocation, the term of this general permit shall be 5 years. Any modification, suspension, or revocation of authorization will not be the basis for any claim for damages against the U.S. Government. i. This general permit does not authorize the interference with any existing or proposed Federal project and the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. J. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines,.after any necessary investigations, that the proposed activity would adversely affect areas which possess historic,' cultural, scenic, conservation, or recreational values. Application `of this exemption applies to; ,x. j, (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act, and-wild, scenic, and recreational rivers established by State and local entities. (2) Historic, cultural, or.archeological sites listed in or eligible for inclusion in the National Register of,Historic Places as defined in the National Historic Preservation Actt.of-•1966 and'-its codified regulations and in the National Historic Preservation'Amendment Act of 1980. (3) Sites included in or determined eligible for listing•in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). -5- 1. 'At his discretion, at any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. BY AUTHORITY OF THE SECRETARY OF THE ARMY: PAUL W. WOODBURY Colonel, Corps of Engineers District Engineer ,hr41i'?in ?.. ?_YT ?.-xta ?'?.x4•`"._?Nr.?an, 4`^??r".tikT y}???'fl'?:"??'? ?'?l?tr^?? rx`;. •''t?'sf+'R'•pR??c?if?irA?l'?'t-. °. +?.+".?;,. '• APPLICATION, R : r?ts iL.Pi u,P? „'` ?:•IF 4 X^!, t 3' 1 .?:' *t" ;f::n.'?, .;, ,,,_, ?,. . f, r n,' J( ?' v r ,,dr 1 !? v r;> ; i rr'' ?` Hyde Co:' i apeetlon Dept: P. O Box e? $werOrGlrir?er; N?2?eea " 926.0937 } TMttgt y yV-i ,: ?) , 0.;r Itf'r , t4.,,I.t, ?{`: ,i tl, -tl AX•?r,.r "1 fF.al°??Et?? , ?' ?G '(?.r? 1? l" t e y f ??ij. y ? ?t} -.y •e ?. t4? lu ? 'N' ?tP'r?'? ?' ??. ti, }? t ( F n .1NI ? w O?vnprtr,? + i.;a P?hpO 8a+~ a r X`s Y 'Address, PA -17 1 v + - 4 •y 9{!r.'= r is 3 Aa ti rJa? ?w }DOte, .r.. . 'Signed y? Describe the Proposed Dewle}mt , O i L PMENT ,u`•ti? "'?? " ,. ?:i,+`hr w - Si b?,".w u!')' ! !'1,?5, trj?re1'r y. ? ?a .r ! ,f.1 ff? IP?LU' l?q FrPROJ?GT$ ?QTI, LOCATION OF bEV,ELOPMENT: Community Street -/Road': T Located nextto # or between and " wt'.. e t1... Y d?' g lyl 8} !'LY•; :. EN1/il t f ME TAL•?'A ID. EAH`SAP8GUARDS: ! ?' s r s Attach co of septic t Department (required with 'all residen' inegses A pyX ank or approval letter from Health and y1ddtlons; for bedroo s ` bathrooms' etc.) ?;, w b?l?tt tP+ rG4P i';A.' fit(` q »1 N ? { }'Obtain a CAMA permit If develolpment lei loca* withln?,x6, a t!ot` any :shoreline, canal# watA are 08 to U tJt{. r,..,. 5 e:-:r.'- ,, ,, :... -.. ,. .• •. ? k h .4a - , ° n '? ;, ,? {. r"}i tt1 ?t ? wINCLUDE,pNE SET,OF DRAWINGS SHOWING THE FOLLOWI IQ Floti T r?otiJr?l'details 10 ndatioK'detaiis: i"7+ , f~ ' t{r?i ! .'jlj ? ,pF,t.. ,.,: ?,e 1 r r, r•- FJ;?,_+;.yp !.- rrt `'+?3 "i?a?al {?K?l.sq,F .=:o-°?? 4ntiO to L A ?A N MEMt?RPa r'k F S( NErC"COYOF FLObD ELSVAT?O i? R a t .+ r y ?4 S ^y ;, ?' t 7 n „ Y x?r r ,T"ggyy i paragraph °'?!. EI' A L` PERMIT FE0 "SC EDULE ORMS AT R P LICABL 1 M °' ' ; rT 'APPLICATION FOR A PERMITO "LOCATE• `A?MOBILE,MOME ,. . Owner u ? ,.; ? . 71 rrxs ati .r Address ?>.. r- _ Address tY r K ti. ? .. .? '4 yr, ? r t ' r 1 A r,r?'P?ey' i ,t rr 1¢;?fhi[^i?f}i T? irliti rAy Ira.?i(?1ilYrH+rbY6r'lra?t?a.?w.?? ?r? . ?? .?i'>?i?>? ?! rY Phone #'?,Y' ?r w vrt c >F ?' Phons? Pc ?i Wt? 7 ' ,Yid1* 6 J l.+d tF x++,p?y i. r{ r n C'r; r.: ,. n , t t i.".iit a1+ ?t EsImated?Retail Value r $ Licensed EIAOt?ician .' ail ? of Sln I ?WId??` *D66ble Wide { ` Nb Hof Fobms" ? NO.edf B?tthPi .Me C j ?•', ? '? ? ; . .?r v7? y"'t s +E!tU i M71 ith ", , • k' k i 14i ft'itt{ r LOCA ? O `dIL F?b?NE:,.Communlfy ee AO slam t _ .: t. l Y tt l` r. _ rrR s?,t?^.'M,?4ttw?rf y t,..l',1. 1, il. I, M ?..W{ry?wJk.t. ?' _ '.orated next to ± '' or between . _ ''ahd '?' 1 4?' f or r ? 't t t ENVIRON ' Ik TAL•AND,HEAIL7H SAFEaUARD$ ? " % ac x'f4 " :fit, yi ?.. ,. i Y t" . a r y ?r t 1 att hY o JIM e,.[,,71p a nk'oP:'dpprovalrle?t ?'00eWHea?Ithm, abt ? r r 1, s;,, It b• ? , `?A'I?Its'r`1. t+l". {•?jy.,il1''?'}f "i.C.'?lt ?k?: ? ,E'p''t' 'r'd?' ,? '?y'"r??.w#.P4 ?j? ' 7? ?•?t horel ;is JOCaea ,jsh0{eli 8r p ` t??ta(tI,a tANfp`e[(?Itol?s ?,? 1'r p r y s. t. ?+. ti .? f wr r.y J.: a, t., tw{ 41wr• s- cxt r "i DE ` IG ED` OPY''OF` F )OD ELEVATIO CSR IF CAT N;E O AND?1M', CL1N 'ra+.?, ot?.'.5 h 'r, ? }F 1"}•' *??r tt•r S ?5? ??!},. t?•fixp b.• litr ?1? 'J d. r? w. VS p I 3 DATtr+F.: SIQNED f { EIS'<M ,,?Jti Its ,f?, r '??' '? !} t 17'Ity 4 J w t= ?o DATE AfP f ?? l r ? # ERMIT SLO MSNT t err '. t r w . P + ?!fOEV t a a '"?3 PERM ThICA EL '. E LUMBINWIPERINI' N , yr w '. J v},1,6f ?° MECHANI A'? ERMIT? , rN t° w { dAk i1 + jr yin+` x{ Py,f r'"t i; ' a t ? ,? t:, L x t?y? t , ..-• a ? ?r"i P '3 ;??! + r:r '"., r t ,, t ! ? _ rJ?r C .,J x?`af ?r ?a r ? ?t rr? '+ °?: t,±.. ,? ,s. i ! ?ti. ^?'v.`. '•f?? - t ti, • r ' ?tti , , An+?' ,YN ` P flv'l / ]F1.r.N : r tt 1' E , r, -.;•,? +, ?:, r;.. RECEIP Al J ut { .?.,.'304 ?,OTAL ? E: •fA F t t . q CEIP`f ?' •? ? . ,,fib,. , 4 ? ?. :ADDIT10NAt'FEE3 k + t, .:'j'r 'e v ,,1NS 15+4ti.'r' 4 a'' a 1 !. 3' 6k u rv?+.? ..f t,r '? 1R* ?[, , )'l r 1`?}, 4V' . Y 6 All' x' ?. !'??,?. k 'S + >. + .. r r< a ?.' tir rt Z ) :1r NT f, \ aw'r ?: w ,: rt, r r "?`1 '1 '` ` ? ' I ' ? ,r f,• f' n ?. q ' `' ' ?,?; ;?`'' 4 ?' 'OWN?q CO : ? k f ?^' 4"+' r, ?;.:.. ? } .? ? , { ?, ,,`?t ? t ?? P ` h i 'a , , , ; . . . . f , s r. HYDE COUNTY HEALTH DEPARTMENT 1151 Main Street • I1.0. Box 100 • Swan Quarter, N.C. 27885 'relephone 252/926-3561 IMPROVEMENT PERMIT Permit No: 101999-1 Date: October 19, 1999 Permittee: John Mark Dodge Address: 231 Rose Bay Loop Road, Swan Quarter, NC 27885 Phone No.: (252) 926-9961 -,1 1 411 G 0o? Property Location: 231 Rose Bay Loop Road ? .;?' ? I Facilities to be served: 2 bedroom house 0, Water Supply: community Wastewater Flow GPD: 240 gpd Wastewater System Type: II-c, shallow placement or chamber ( no reduction) Wastewater System Repair : NA Long Term Acceptance Rate: .4 gpd/sq.ft. Absorption Area: 600 sq.ft. Septic Tank Capacity: 1000 gallon tank with filter Pump Tank Capacity: NA Total Bed/ en Length: 201 lin.ft. consisting of 3 lines @ 67' each Bed/1Cf j; ai spacing: 9' on center Linda Mayo Health M"'clor Maximum Bed ren Bottom Depth: Excavate trenches to a 48" depth to encounter a sandy soil, then backfill trenches with clean sand to within 12" of the naturally occurring soil surface. IMPROVEMENT PERMIT 3OHN MARK DODGE PAGE 2 CONDITIONS: 1. Installation of the wastewater system shall be in strict accordance with the approved site plan and all specifications which are a part of this permit. 2. Place a 6" cap of topsoil over the drainfield to extend 5' past the trenches prior to tapering. Shape to shed surface water and establish a grass cover. Maintain grass height not to exceed 3"-4". 3. Use water conserving fixtures i.e. 1.6 gallon flush toilets, 2 gpm shower heads, 1 gpm all lavatories. 4. Maintain a 50' setback from all parts of the wastewater system to all canals. ******************************************************** This Improvement Permit shall be valid: For a period of 5 years upon a showing satisfactory to the Department or the local health department that the site and soil conditions are unaltered, that the facility, design wastewater flow, and wastewater characteristics are not increased, and that a wastewater system can be installed that meets the permitting requirements in effect on the date this permit was issued. This permit is subject to revocation if site plans or the intended use changes. Authorized Agent: V. A Env onmental Health S cialist Hyde County Health Department HYDE COUNTY HEALTH DEPARTMENT SITE PLAN JOHN MARK DODGE PERMIT #101999-1 CANAL Fence Shop J i (Boat House CANAL 30.00 feet ROSE BAY LOOP ROAD 1:360 HYDE COUNTY HEALTH DEPARTMENT 1151 Main Street • P.O. Box 100 • Swan Quarter, N.C. 27885 Telephone 252/926-3561 DIVISION OF ENVIRONMENTAL HEALTH AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION Installation: Expansion: Repair: X)OC Permit #: 101999-1 Date: October 19,1999 Owner: John Mark Dodge Address: 231 Rose Bay Loop Road, Swan Quarter, NC 27885 Phone No.: (252) 926-9961 Property Location: 231 Rose Bay Loop Road No. of Bedrooms: 2 Business (No. of people, seats, etc.): 4 people max. System Classification: II-c, shallow placement Wastewater Flow: 240 gpd Linda MqYo Ilealtb Director Water Source: community AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION JOHN MARK DODGE PAGE 2 CONDITIONS: 1. Installation of the wastewater system shall be in strict accordance with Improvement Permit #101999-1. ************************************************************** This Authorization For Wastewater System Construction shall be valid for 5 years from the da of issuance. Envi nmentall Health S cialist to