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HomeMy WebLinkAbout8-22 Ben Simmons III Hydeout Ventures (MBCMG) Permit Class Permit Number NEW 8-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Ben Simmons III and Hydeout Ventures LLC., PO Box 39, Fairfield, NC 27826 Authorizing development in Hyde County at adj. to a man-made canal off the Alligator th River, at 4 Ave., near Engelhard , as requested in the permittee’s application dated 9/2/21, including attached workplan drawings (10), Pages 1-10 of 10 all dated 6/5/21. This permit, issued on February 8, 2022 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) The permittee is advised that this permit does not authorize any activity which has not received approval from NPS for work within the Alligator River National Wildlife Refuge. Copies of the agreement shall be provided to the Division of Coastal Management prior to initiation of operations. 2) In order to reduce the potential for negative effects on the spawning migration of anadromous fish and to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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 Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditionsare hereby accepted. December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Ben Simmons III and Hydeout Ventures LLC. Permit No. 8-22 Page 2 of3 ADDITIONAL CONDITIONS 3) A turbidity curtain shall be placed at the mouth of the canal and Alligator River when dredging operations reach within 1000 feet of the mouth of the canal. A 24-hour period after completion of excavation shall elapse prior to silt screen removal to prevent unnecessary siltation into the adjacent water body. 4) No excavation shall take place outside of the area indicated on the workplan drawings. 5) Excavation shall not exceed -10 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 8) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 9) No dredge material shall be placed within 30 feet of the normal water level. 10) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 11) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B.A statement that no dimensional changes are proposed. C.A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee’s signature shown anew on the original plan. Ben Simmons III and Hydeout Ventures LLC. Permit No. 8-22 Page 3 of3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 13) An Erosion and Sedimentation Control Plan modification isrequired for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources at 943 Washington Square Mall, Washington, NC 27889. 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 17) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-02322). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification 004629 and assigned the project DWR Project No.2007-1958 v2. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of$475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECE 1ED APPLICANT: Mattamuskeet Barge Canal Maintenance Group COUNTY: Hyde PROJECT NAME: MBCMG OCT 26 Z021 LOCATION OF PROJECT: 4THAvenue off SR 1311 North Lake Road Engelhard NC 27824 DATE APPLICATION RECEIVED COMPLETE BY FIELD 9-30-21 DCM-MHD UTY FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Staples DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: Date v B) DATE RECEIVED BY MAJOR PERMITS IT: FEE REC'D: $475(60/40) # 4248 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-31-21 END OF NOTICE DATE: 11-19-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D; Yes C) DEADLINE: Z Z7 t2Z- 75 DAY 12-14-21 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 10-26-21 STATE DUE DATE: Click or tali to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 5 1L DCM -- LUP Consistency Determination Local Permit Officer to/15 I Corps of Engineers- Regulatory Branch 1 l L t (e 17, ZCl z j -0 Z3ZZ -t DWR-401 Section g�2� Zpa'7 -' lni JZ- 4 occx> DWR-Public Water Supply w Jac DEMLR - Stormwater l� j�Lf KwT DEMLR — Sed and Erosion I( l 5 DOA — State Property Office Wildlife Resources Commission tZt7 (L( Zf t5 -"(7, DMF - Shellfish Section DMF - Habitat & Enhancement 1l i L'y��tOtQ 11`u ult�:� DNCR— Archives & History tt 6011,l }� DNCR -Natural Heritage Program NCDOT NC Dept of Commerce p t� LS Z t Memorandum To: Gregg Bodnar From: Shane Staples Through: Kelly Spivey Subject: Mattamuskeet Barge Canal Maintenance Group Date: - January 4, 2022 A CAMA Major Permit application is under review for a project located off SR1311, North Lake Road, +10 miles NW of Engelhard and is a manmade canal that connects to the Alligator River +3.6 miles south of the A1W W cut in Hyde County, North Carolina. The applicant is proposing to conduct maintenance excavation in Barge Canal, a man-made waterway, and an entrance channel into the Alligator River. The entrance channel measures 70' wide x 1,080' long, the canal measures 70' wide x 7,170' long, and the boat basin measures 150' wide x 445' long. All sections will have a final project depth of -10' below NWL. In total 48,66.8ft cubic feet of material would be removed consisting mainly of organic muck and sand. Spoil will be offloaded near the head of the canal along a section of bulkheaded shoreline and be loaded into dump trucks. The approximately 4-acre spoil area will contain all materials until dry at which time it will be seeded over or placed on adjacent farm land, Staff has reviewed the proposed project regarding rules found in Subchapter 714 concerning development in Estuarine Water and Public Trust Areas. The project appears consistent with rules set for in 15A NCAC 07H.0208(b)(1) addressing navigation channels, basins and maintenance excavation within those areas. It is staff s recommendation the application be permitted as requesting with standard permit conditions'for maintenance excavation and include environmental dredging windows as prescribed by resource agencies. R7-1!'P L; L, L 6 JAIIJ 5 2022 ROY Cili,.71 F1 R ELIZABETH S. BISEIt BfaAXTON DAMS N(� H � f A l''$7E, Pur,:tar Ell Of ant,twntaf Quality October 26, 2021 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier. 04-96-33) gregq.bodnar@ncdenr.gov SUBJECT: CAMA Major Pennit Application Review Applicant: Mq#AMM§KW Barge Canal Maintenance Group Project Location: Barge Canal Leading off the Alligator River adjacent to 4th Avenue Proposed Project: Maintenance dredging within Bare Canal and the entrance channel into the Alligator River to restore depth to -1Cat NWL. Please indicate below your agency's position or viewpoint on the proposed project and raturn th's fgrm to Greaa Bodnar at the address above by November 16, 2021, If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in- depth comments.with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached' X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PR1NTNAME Lee Padrick ,AGENCY NC Commerce SIGNATURE ,— CIATE 10-26-21 0 V r f I.1I.Y ( i ;CI { I .dciiir F S Ir,I [' ';1 i lY "'�Fs >•-„�i i,:rtU�'1 t +�.1' rMqj'v�.�-,°f �.f,..,_t i, P-0y coop8k ELIZABETH S. RISM BRAXTON-DAVIS Dirledor October 26, 2021 MEMORANDUM. NORTH CAROL-INA EnV1MnMe0W-QyQr0y FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Managem elnt 400 Commerce Ave., Morehead City, NC 28657 Fax: .252-247-.3330'( 1 qr6.qq.bodnar0ncdenir.gov SUBJECT:. CAMA Maj or Permit Application'Review Applicant: ma.ttairhuskeet Barge.Cahair Maintenance Group Project Location: Barge Ca . nalLeading off the Alligator River 00jacaht to 4 th -Avenue. Proposed Project: Maintenance dredging within- Bare Canal.and the entrance channel- Into the. Alligator River to restore depth'to .716 it NWL. Please indicate below- your agency's position or viewpoint an the proposed project and refum this form to QL*= Bodnar at the address above'.by November 16, 2021., if you have any questions regarding the proposed project,. contact Shane Staples (252.)948-895.0 when appropriate,. in- depth comments with supporting data is requested. REPLY: This agency has no objection to the, projectas proposed.. **Additional comments may be attached" X This agency has no comment on the proposed. project. This agency approves of the project only if the recommended changes are iricorporaWd. See attached, This agency objects to the project for reasons described in the attached comments. lif Whitfield Public Water Supply Section n4y fT 10-26-201 NiDrthCarc)llna,DepartmentbfEnV[ronmenta[QuaiHy I '010sion 4jE Coastal mangigement Washtngtonftce I. 9 ��D_ff . .43 W ROY COOPER rovernor ELIZABETH S. BISER Secretary BRAXTON PAVIS Director October26. 2021 MEMORANDUM; FROM: SUBJECT: Applicant:. Project: Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ.- Division of Coastal Management 400 Commerce Ave.,. Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gregg.bodnar@ncdenr.gov CA MA Major Permit Application Review Mattarnuskeet Barge: Carnal Maintenance Group Barge Canal Leading off the Alf igator'River adjacent to 4t" Avenue Maintenance dredging, within Bare Canal and the entrance channel into the Alligator River to restore depth to -10 at NWL. Please indicate below your agency's position or viewpoint onthe proposed project and return this form to Gregg Bodnar at the address.above by November 16, 2021. If you have any questions regarding the.proposed project, contact Shane. Staples (252}948-3950 when appropriate, in- depth. comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. .*Additional comments maybe attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M1 P- _1>J01:P0 AGENCY SIGNATURE -- DATE - i l / A-9 JC RA,i _n ED NOV 3 2021 q, North Carolina Department of Environmental Duality ` Division of Coastal Management l/ Washington Office 1 9.11 Washington Square Mad Washington. North Carolina 27889 !' .o a o�m�urc�,Eir 252,c)-lB.G48i R.OY COOPER aDvernor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 26, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City,. NC 28567 Fax: 252-247-3330 (Courier 044643) gregq.bodnarAncdenr,goy CAMA Major Permit Application Review Mattarnuskeet Barge Canal Maintenance Group Barge Canal Leading off the Alligator River adjacent to 0 Avenue Maintenance dredging within Bare Canal and the entrance channel into the Alligator River to restore depth to -10 at NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form to 2MO Bodrrarat the address above by November 16, 2021. If you have any questions regarding the proposed project; contact Shane Staples (252)948-3950 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** PRINTNil! AGENCY SIGNATU DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached rnMrnPntc . "'1Q ate^ �QQ •L S r T— 1W r' w !OCR 9 8 %f21 PL71 P North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, [forth Carolina 27889 Rena nn o erunenlalGuali� 252.946.6481 Bodnar, Greg From: Moore, Bill Sent: Thursday, November 4, 2021 2:08 PM To: Bodnar, Gregg Subject: LAMA Reviews - sw comments Hey Gregg, The following LAMA applications have been reviewed and, as proposed, will not require sw permits: Harry Smith, Havens Warf— Beaufort County Leslie Hewett — Pamlico County Mattamuskeet Barge Canal — Hyde County Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 i�cpar�rn��t �� Fnvarcamaniat tkuzll�y Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 26, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA EnvlronmenralQuality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Gourler;04 16 Mi gregg.bodnarAncdenr.gov CAMA Major Permit Application Review Mattamuskeet.Barge >Canal Maintenance Group Barge Canal Leading .Off the Alligator River adjacent to 4th Avenue Maintenance. dredging within Bare Canal. and the.entrance channel into the Alligator River to restore depth to -10 at NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form to GMn Bodnarat the address above by November` 16, 2021..If you have any questions regarding the proposed project; contact Shane Staples (252)948-3950 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project. only if the recommended changes are incorporated. See attached, This agency objects to the project for reasons described in the. attached comments. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE 5aA&&w,4&a for Shannon_ Jenkins DATE; 11 /9/2021 \i PC.MC5 �V = i 110\1 1 -L 2G21 North Carolina Department of Environmental Quality I DIvislonof Coastal Management Washington Office 1943 Washington Square. Mall 1 Washington, North Carolina 27889 cuaauwn uMe�Fmreiuneni'itlinlh 252.946.6481 Roy Coo,,, PUZABErN S serretary i3ISR RAXroN DAVIS October26, 2a2 ? �gM�RANDUM• PROP4: SUBJECr. AApllcant, Project Location. PrdAosed Pro , . E v ro��WCARQua! y �Gregg Bodnar Assists D6Q - Division o f Assistant Major Permits a. 2n?merce qye coastal Mana Coordinator 2 247-3330 (C urieread City, meat re Y, NC 26557 CA UA a oa p ncdenn ov �� 76 33) ermifAppiica Mattamustion Review. kaet Bar$e Canal Malntenanc. e anal Leadin9 Graup oft Rover, the connecting _!_ of Marine t, Ma+ntena _ the Alligator `River adjacent to 4th q AleaSe Indicatew Bator River to restore de Bare Canal and t v retur enue n this tar bet your . p. h to . he entrance questions re m to Gre god encY's position or ,anal lll{iy ace channel into the depth comma is with sup roposed p 61 J to address above Point o proposed n the poring dot, re Caniac#dShane 3 Y NpVemaer �Spralect arid RpLY. requested, ; Staple {252}g48_ , 20 If you h '' �— Thi$ agenc 99$0 Whe ave any Y has no 04 ec ' n appropriate, in- "Adalitionai c 1 ton this ag$ncy has meats maY be attachethe d act a5 proposed. aThisagencya no comment on the this corporated rSee oves of the project o Proposed project. co agency ob.eo attaA o� on/ if the recornmended pR1N mments: ! is to the T 1 IAMB Rachel Love- Project for reasons .described in changes Adrick AGFNCy the attached 5. SCGNgrURE a! DgrE gement 1111212021 NO V ? P 2021 North Carolina °+. Qe Washin f?epartmPot ofE 2SZ94b.b48l0 Ce ! 943 Wjashingt:) Qenral Quality / blvislon oPCo email j yy��:_ astaiMana�a _ C :ment A28557 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 26, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnar@ncden r.gov CAMA Major Permit Application Review Mattamuskeet Barge Canal Maintenance Group Barge Canal Leading off the Alligator River adjacent to 41 Avenue Maintenance dredging within Bare Canal and the entrance channel into the Alligator River to restore depth to -10 at NWt_- Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by November 16, 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached** This agency has no comment on the proposed project. Y This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PR INT.NAME James Harrison AGENCY 11 DATE 22 November 2021 v Lz L NOV F 2021 It1. �C North Carolina Department of Environmental Quality I Division of Coastal Management D-E Q Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 o�� m� meflulhwr� /"s 252,946.6481 r TO: FROM: SUBJECT: DATE: li< k& fJ "i1 L" ii' `(i & sa ifs Gregg Bodnar, NCDCM Assistant Major Permits Coordinator James Harrison, NCDMF Fisheries Resource Specialist Mattamuskeet Barge Canal Maintenance Group, Hyde County 16 November 2021 ROY COOPER Governor JOHN NICHOLSON lnterlm Secretary KATHY B. RAWLS Director A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit application for proposed actions that may impact fish and/or fish habitats. The proposed work is a manmade barge canal located adjacent to 41h Avenue, within Hyde County, North Carolina. The existing canal varies from approximately 80' to 150' wide, is roughly 4 miles long, and has an original excavated depth of -12' below normal water level (NWL). A marked navigation channel exits from the mouth of the canal to the Atlantic Intracoastal Waterway (AIWW) in the Alligator River. The entrance channel, canal, and basin have all shoaled since the last maintenance event (permit issued on December 18, 2007). Depths in the entrance channel average -7.4' below normal low water (NLW), with some areas as shallow as -4'. The Mattamuskeet Barge Canal Maintenance Group (MBCMG) is seeking authorization to undertake maintenance excavation in the shoaled areas of the canal using bucket and barge. The entrance channel measures 70' wide by 1,080' feet long, the canal measures 70' wide by 7,170' Iong, and the boat basin measures 150' wide by 445' long. All sections will have a final project depth of -10' below NWL. In total, 48,668 cubic feet (CF) of material would be removed. The anticipated impacts mentions that additional maintenance excavation events may be needed if current shoaling rates continue. The Alligator River is designated as an Anddromous Fish Spawning Area (AFSA) under joint jurisdiction between the DMF and the NC Wildlife Resources Commission (WRC). Many anadromous species have specific requirements for spawning habitat, such as water temperature, flow rate, and salinity. Areas designated as AFSA have shown evidence of spawning of anadromous species through direct observation of spawning, capture of running ripe females, and/or indication of eggs or early larvae, and have been found to exhibit the specific requirements of these species. DMF has reviewed the project and does not object to permit issuance for the proposed work. However, because the Alligator River is designated as AFSA, DMF recommends that the permit include a 15 February through 30 September moratorium for all in -water work within the Alligator River. DMF would also recommend that a turbidity curtain be installed across the mouth of the canal during excavation operations in the canal in order to minimize the potential State ofNorth Carolina I Division of Marine Fisheries 3441 Arendell Street I P.Q. Box 769 I Morehead City, North Caraiina 28557 252-726-7021 Received: 11 /22/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 26, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ER 21-2816 NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04'1 G-33), Gregg. bodnar@ncden r.gov CAMA Major Permit Application Review Mattamuskeet Barge Canal Maintenance Group Due: 121312021 11 /29/2021 No comment - NCH Barge Canal Leading off the Alligator River adjacent to 4s' Avenue Maintenance dredging within Bare Canal and the entrance channel into the Alligator River to restore depth to -10 at NAIL. Please indicate below your agency's position or viewpoint on the proposed project and return this ,form _to Grego Bodnarat the address above by November 16, 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE DATE 11/30/2021 I,laa;r caaou D_E Q � 11"aNneniW Envlmn dal Quality 0 21 North Carolina Department of.Environmental Quality � Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 ' ti. December 6, 2021 Regulatory Division ORM ID No. SAW 2021-02322a DEC 6 202 Mr. Jonathan Howell $ ;` a." is n `° F R re, r Division of Coastal Management North Carolina Department of Environmental Quality �``' `; 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application of the Mattamuskeet Barge Canal Maintenance Group for a Department of the Army permit to perform maintenance excavation within 644,250 sq ft of the existing man-made Barge Canal, resulting in the removal of 48,668 cu yds of material, located off North Lake Road, adjacent to the Alligator River, near Engelhard, in Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized n r. G turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pernaittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, �'".Gq-64, s9we, Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh,,North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief F7 DEC G 2021 A, ,.{,.. ROY COOPER Governor ELIZABETH S. BISEft Secretary BR:AXTON DAVIS Director October 26, 2021' KEMORANDUK FROM: SUBJECT-. Applicant, Project Location., Proposed Project; NORTH. CA.ROLINA Environmentat Quality Gregg Bodnar, Assistant Major Permits Coordinator NcDEQ - Division Of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:. . 252-247-3330 (Courier 04-16-33) re , .bodnar ncd�nr, ov LAMA Major; Permit Application Review Matkamuslceet Barge Canal Maintenance'Group Barge Canal Leading Off the Alligator. k V. ro0jaaent'to 4" Avenue Maintenance dredging within Bare Canal and:the enhance channel into the Alligator River to restorwdepth to -� 0 at N4Ni<. Please indicate below your agency's' position or viewpoint on the proposed project and 0 return this form to Grepa Bodnar at the address above by No or 7B, 2l12�. if you have any questforts regarding the proposedpproject, contact Shane Staples (252)948-39';0 when a ro ,late, in- depth comments with supporting oat a is requested. pp p R PLY: This agency has no objection to the:projecf a5 proposed. *"`Additional comments maybe attached* This agency has no commentonthe proposed project. 'ibis agency approves of the projec# only If the recommended changes are incorporated. Se.e attached. This agency, objects to the: project fbr reasons described in the:attached comments. PRINT: NAME K Jt I z7t I MI, AGENCY _ D SIGNATURE s DATE2- -- i R L1 DEC ),,p� wE.r. f North Carolina department of EnWronmental Quality I Divfsiotr of Coastaf ivfanagetnent Washington Office 1943 Washington 5gUare Mail. J Washington, North.Carolina 27889 n art, tun uep:nment or rtro.monw it�an� �/► 2$194$.6481 North Carolina Wildlife Resources Commission Catnero t ingratu ,. Executive Director MEMORANDUM TO: Gregg Bodnar a ' iG Divislomof Coastal Management North Carolina Department of Environmental Quality D F G ?� FROM: Maria.T. Dann Coastal Coordinator�. n firs ' ¢ ��. �� Lb� �� �.ss � ��" � s� �;,� t?� �-�?'? ice' Habitat Conservation Division' b a ' a DATE; Deceinber:7 2021 SUBJECT: CAMA Dredge/Fill Permitl Application for Mattamuskeet Barge Canal Maintenance Group (MBCMG); Hyde County, North Carolina.: Biologists With. the North Carolina Wildlife Resources C4mmission (NCWRC) reviewed the Pe rmit application with regard to impacts.on fish and wildlife resources The project site is. Iodated off Barge Canal leading off the Alligator River adjacent to 0 Avenue in Engelhard, N.C. Our comments are provided in accordance with ;provisions of the Coastal Area Management.Act (G S. 113A7'100 through I'1`3A-129), as amended, Sections 40.1 and 404 ofthe. Clean Water Act, :as. amended; the Endangered Species Act of 1973, as.amended (16-U.S.C. 1531 et'seq.), the Fish .and Wildlife Coordination<Act.(48. Stat. 401, as: amended; 16 U.S.C. 66j et.seq ),.:the;Magausozi- Stevens Fishery Conservation and Management Act (FCMA), as amended (1.6. U.S,C..180.1 et sect.), and the Migratory Bird Treaty Act (16 U.S.C. 703:-712,.et seq.). The applicant proposes to undertake maintenance excavation: in the. shoaled areas of the canal. using bucket and barge excavation methods, Tlieentranice channel neasures 70.' by 1,08W., the canal measures 70' 'by 7,170' and the boat basil?; measures 150' by 451. All sections would have a final water depth of -10NWL, with a removal of48,668 CF of muck and sand material; Spoil would-be offloaded near the head of the: canal along:.a section of bulkhead and then loaded into: di mp trucks. The approximate 4-acre spoil area will contain all Materials until dry'wlien. it will be seeded. The project will impact 644,250 fi, of previously impacted waterbodies. The Alligator River and connected manmade canal are classified SC'Sw ORW by the Environmental Managetmrit Commission and are designated an anadromous fish spawning area (AFSA) by the NC Division of Marine Fisheries (NCDMF) and NCWRC. Address: Habitat Conservation 1721 Mai Telephone: (919) 707-0220 (919) 707-0028 €SIC 2.7699-172 page The NCWRC has reviewed the ' permit Application. and is familiarvith the project area and proposal.. Our agency commented on a,91milar proposal (Dunn 26November '2007) and -provided ColTurients to minimize impacts to environmental resources at that time. To minimize impacts to aquatic resources for this proposal, we request all Work'within the Alligator iver adhere to the February 15 — June 30 AFSA.moratorium, :In addition to the moratorium: within the liver, we request turbidity curtain be placed across the mouth of the canal during excavation to contain 'elevated turbidity levels within the canal system. These measures should be Included as. permit conditions this as well. as any future maintenance events; We appreciate the opportunity to review and comment on this permit; application. 1f you need further assistance or additional 'information, please contact neat (2.52.) 948m3916 or at Maria-dunn@nowildlife.or 97F4 UL a L j 11 D EC 7 `0 2 1 From: Dunn, Maria T. To: Bodnar, Gregg Subject: RE: MBCMG, Hyde Co Date: Tuesday, December 7, 2021 3.33;14 PM I did not clarify that request well this year or in 2007. The 2007 project was only a 730' channel that was half in the canal and half in the river, so the curtain was to be maintained throughout the duration of the canal work. Since the current proposal is 7,170' within the canal and 1,080' in the river I think if the curtain was installed for the 1,000' of excavation closest to the mouth, it should suffice. Does that address what you need? Maria T. Gunn Coastal Coordinator NIC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, December 7, 2021 3:15 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: MBCMG, Hyde Co Hey Maria, Quick question. When you talk about the curtain at the mouth of the canal, that is just for work at the mouth correct and not during all operations within the canal? If so, is there a distance from the mouth of the canal that would not require the curtain? Thanks for the clarification, Gregg From: Dunn, Maria T. <maria AunnCEDncwildlife.org> Sent: Tuesday, December 7, 2021 2:11 PM To: Bodnar, Gregg <gregg.hod nar(@nedenr_.gg > Subject: MBCMG, Hyde Co M ROY COOPER Governor ELizABETH S..BISER Secretary S: DANIEL SMITH Director Mattamuskeet Barge Canal Maintenance Group ATTN: Ben C. Simmons, III PO Box 39 Fairfield, North Carolina 27826 Environmental. Quality February 03, 2022 Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION Mattamuskeet Barge Canal Maintenance Excavation Dear Mr. Simmons: DWR Project # 2007-1958 v2 Hyde County Attached hereto is a copy of Certification No. WQC004629 issued to Ben C. Simmons, III, and Mattamuskeet Barge Canal Maintenance Group, dated February 03, 2022. This approval is for the purpose and design described in your CAMA Major Permit application received by the Division of Water Resources (DWR) on October 26, 2022. This certification is associated with the use of Regional General Permit Number 291 once issued to you by the U.S. Army Corps of Engineers. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you maybe required to submit anew application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. RUE CIF: iVE F E B 8 2022 North Carolina Department of Environmental -Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mail l Washington, North Carolina 27889 iiepamnemol.envlronmonsai uuei'ii 252,946.6481 T NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004629 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 026.0200, to Ben C. Simmons, III, and Mattamuskeet Barge Canal Maintenance Group, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on October 26, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements andthe applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 ifconducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidentalimpacts. [15A NCAC 02H .0506(b)I Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Waters OW1 (excavation) 14.79 (acres) 0 (acres) DCM Plan Sheets This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)] 1. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Salt Water Quality for Class SC Waters; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02b .0221] 2. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e., sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to less impacts on trout, anadromous fish, larval/past-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. 3. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Resources must be notified if this is to occur. 4. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502). I North Carolina Department of Environmental QuMty I Division -of Water Resources Washington Regional Offke 1 943 Washington Square Mail I Wiasiiin9tnn, NDMII�Rina 27@59 K22 252.946,6481 tl i`IA, !P SHE CC& Y � i A W-I'M Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, andmaintenance of biological integrity, wildlife; secondary contact recreation; agriculture); and activities must not cause water pollution that precludes any best use on a short-term or long-termbasis. 11. When applicable, all construction activities shall be performed and maintained in full compliancewith G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of statewater quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shallbe equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -awned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina SurfaceMining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NC4CO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adverselyaffect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbiditylevel shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. If the project is covered by NPDES Construction Stormwater Permit !Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring,record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b);15A NCAC 02H .0507(c); 15A NCAC 02B .0200;15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterio s r �x �b North Carolina Department of Environmcnta1 Quality I Divistoii of Water Resnur[�ces. Washington Regional OfClce [.943 Washington Square Mall l Washingtan, tZk4carolltFA 27a-2 e»r,sNa+i w»musawr ,/"'� 252.946,6481 0`117dnl"� waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions ofkhis permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on thedate of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 3rd day of February, 2022 Row T,.c Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ F F B V P022 North Carolina Department ofEnvironmental Qtiality 1. lllvlslnn.of Water Resources Wasliington Regional Office i 943 Wasiiington Square Mall I Washington, North Carolina 27889 R E y ��a uvn aa[xrwmrsnuun»nr� 252.946,6481 This document presented and filed: 1300K 270 PAGE 736 (9) 1011800113 12 21 05 PM 4o5222 E MERlTA I-EVVIS-SPENCER, HYDE COUN"TY, NC DEED OF TRUST This instrument prepared by and return to: W. Brock mitchel.1, Attorney File No. 30031—OW8,14 Cape Fear Farm Credit, ACA, FLCA & PCA, ATIMA Stephen Coates P.O. Box 10 Whiteville NC . 28472- Loan Number 020 013 104'73'7-01 STATE OF NORTH CAROLINA COUNTY OF i4ydo THIS INDENTURE, made October 03, 2016 between jjydeou t_ye t,a NorLh Carolion tiabili.ty conpany (hereinafter called Undersigned, whether Borrower or or others and whether one or more and whether collectively or singularly) Brian J. SMITH , Trustee (hereinafter calfed Trustee). and Cape Fear Farm Credit, ACA, FLCA & PCA, ATIMA as agent/nominee a Corporation organized' and existing under the laws of the United States of America. (hereinafter called Lender); and VVITNESSETH, that in consideration of a loan or advances made by Lender to jl�y �oout VenjAL(,sLLCJ and Robert Benjamin McNeill -j7 --- (hereinafter called Borrower. whether one or more). and the sum of One Dollar (S100) paid to Undersigned at and before the sealing and delivery of these, presents, the receipt whereof is hereby acknowledged, and for the purpose of securing the payment of the loan to Borrower by Lender, Undersigned hereby grants. bargainSr sells and conveys unto the Trustee. as herein named, its Successors and assigns, the following described land (SET FORTH HEREINBFLOW ANDIOR ON SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF) See AttAqjjed.. e.j,j._g_ A TO HAVE AND TO HOLD the said land with al9 and singular the rights, members and appurtenances thorourto belonging or anywise appertaining, to the only proper rase and benefit of the Trustee. as herein narned his/her successors and assigns, forever, in fee simple. Undersigned acknowledges that Lender would be unwilling to extend or continue to extend the loans or advances secured hereby without the pledge provided rioreby. This conveyance is to be construed as a deed Of trust, and not as a mortgage, and is made to secure (1) the performance of the covenants herein contained, (2) the payment of all Present Obligations (as defined below) extended by Lender to j!yS!eout ventu��es,. LLCand Robert Bonjamin McNeill. _ _ _.. -5 a limit", -d TR -North Carol"!e i'517E-IfY --(YPffiP,)nY (hereinafter called Borrower, whether one or more), in the principal sum of one Hundred seventy qne Thousand Nine Hundred Seventy Six DoILars Read No Cents_- Dollars (Sl7l,976,all as evidenced by the notes described below: 1 Original Principal (Face 171,976.00 2 Amount of Present Obligations Secured (Principal 71 L-2 7 6. 0 0 --_171_L9'I6-CL010L02/2Ql6 3 Total Amount Committed to be Advanced includes Column 2) 4 Date of Note 5 When Due -09/o1J2p36 same being made a part hereof to the same extent as if each were set forth herein, and all renewals, reamortizations, extensions, refinances, modifications or other rearrangements thereof, together with interest thereon as provided therein; (3) all additional loans and future advances that may subsequently be made to Borrower (or to any one or more of the parties designated as Undersigned or Borrower) by Lender, which may be evidenced by a note or notes, and all renewals, reamortizations, extensions, refinances, modifications or other rearrangements thereof, plus interest thereon, and when any payment is made on any indebtedness secured hereby, as described herein, fresh advances may be made, from time to time, so as to make this contract continuous in nature; such advances, if any, to be made solely at the option of the Lender; and (4) ail other indebtedness of Borrower to Lender, row due or to become due (whether directly or indirectly) or hereafter to be contracted, and all renewals, reamortizations, extensions, refinances, modifications or other rearrangements thereof, plus interest thereon, attorneys' fees, court or foreclosure costs, including Trustee's commissions, and any advances and interest thereon, which advances are made for the protection of the security or title thereto, such as, but not limited to, advances for taxes and insurance premiums, all of which are secured by this deed of trust. For purposes hereof "'Present Obligations" of Borrower shall mean the principal amounts currently outstanding, which may include amounts committed to be advanced, under the note(s) listed her6nabove It is further understood and agreed by all parties hereto that the execution, by Borrower and the acceptance by Lender of any notes, renewal notes or other instruments, or the agreement by Lender to any reamortizations, extensions, renewals, refinances, modificabons, or other rearrangements shall not be construed as payment of any indebtedness hereby secured (whether or not, among other changes in terms, the interest rate or rates remain the same and/or time for payment is thereby extended or lessened), and shall not discharge the IPen of this deed of trust which is to remain in full force and effect until the total indebtedness secured hereby has been paid in full. All notes or other instruments contemplated in this paragraph shall remain uncancelod and in the possession of Lender, its successors and assigns until the total tridebtedress hereby secured is paid in full Provided, however, the lien of this deed of trust shall not be terminated or otherwise affected during the period of this instrument from the date hereof by repayment in full, one or more times, of all indebtedness then outstanding, unless this instrument shall be formally released or discharged of record. If at any time during the period of said instrument from the date hereof, there be no indebtedness outstanding of Borrower to Lender, and no obligation of Lender to make any further advances to Borrower, Lender will, Upon the written request of Borrower or Undersigned, execute and deliver to Undersigned a reconveyance or satisfaction of this instrument For the consideration aforesaid, Borrower covenants as follows: 1 ) The making of any advance or the acceptance of any obligation shall be at the sole option and discretion of the Lender and upon such terms and conditions as it shall determine; 2) THE MAXIMUM UNPAID PRINCIPAL AMOUNT, INCLUDING PRESENT AND FUTURE ADVANCES AND OBLIGATIONS, WHICH MAY BE SECURED BY THIS DEED OF TRUST AT ANY ONE TIME SHALL NOT EXCEED Five Hundred Thousand and 00/100 DOLLARS ($ 500,000.00 3) All future optional advances or obligations must be made within thirty years from date of this deed of trust irrespective of the duration of this deed of trust and/or the duration of any indebtedness secured hereby; 4) Lender expressly reserves, and Undersigned expressly consents to, the right to allocate and apply any payment received hereunder against the evidences of indebtedness secured hereby in such order, proportions and amounts as it, in its sole discretion, determines to be proper; 5) Lender may, at its option, determine and declare any or all present and future advances or obligations secured by this deed of trust to be in default and immediately due and! payable upon the default in payment of one or more of the obligations secured hereby or the default of any other term or condition of this deed of trust; 6) "Future advances" or "obligations" as used in this paragraph are defined as further and additional principal sums loaned, and interest thereon, to one or more of the Borrowers and which are secured by this deed of trust, including, without limitation, payments made by Lender for fire and extended coverage insurance, flood insurance, taxes, environmental issues, assessments or other necessary expenditures for the preservation or maintenance of the land or the title thereto, which shall be secured hereby and shall have the same priority as if such payments were made by Lender on the date hereof. Provided, however, no advances made by Lender for the preservation or maintenance of the land or the title thereof, nor any accrued interest on such advances, shall be considered in computing the maximum principal amount Which may be secured hereby; 7) The total indebtedness secured by this deed of trust may be evidenced by various notes and/or other written instruments and evidences of indebtedness, and one or more or all such notes and/or the written instruments and evidences of indebtedness may, from time to time, be combined and merged into a single note or other evidence of indebtedness. Such combination and merger shall not constitute nor be construed as a payment, satisfaction or discharge of any prior advance made or prior obligation incurred. This deed of trust also secures all other advances made to and obligations accepted from Borrower, under the terms of said note(s) and any subsequent note(s) or evidence of indebtedness secured hereby, and all amounts included in reamortizations, renewals. extensions, refinances, modifications, deferments and other rearrangements of any such indebtedness hereby secured. Whether or not the indebtedness secured hereby ever exceeds the maximum above stated, Lender shall have the sole discretion to determine the priority or order in which the various debts covered hereby shall be secured hereunder within said maximum For consideration as aforesaid, Borrower/Undersigned covenants as follows: I Undersigned is lawfully seized of said land in fee simple and has a perfect right to convey same. The said land is unencumbered and free from all claims and charges. Undersigned, for himself, his heirs, executors, administrators, successors, and assigns, warrants and will forever defend the right and title of said land unto the Trustee, his successors and assigns, against the claims of all persons whomsoever. In the event of default, if the Lender employs counsel to collect the debt evidenced by any note secured hereby, or to enforce or protect any rights provided for herein, in any court or before any administrative body whatsoever, then in addition to any principal, interest, and other charges as provided for in any note secured hereby, Lender shall also recover all costs and expenses reasonably incurred by Lender, including reasonable attorneys' fees, which costs, expenses and attorneys' fees shag become part of the indebtedness secured hereunder, shall be immediately payable, and shall draw interest from the date Lender retains counsel until paid at the highest rate provided in any note or notes secured hereby. 2 Whether or not Borrower is in default, in the event the Lender becomes a party to any legal proceeding involving the security described herein, other than an action to collect any indebtedness evidenced by any note or notes secured hereby, and including any bankruptcy case involving Borrower or Undersigned, then Lender may also recover all costs and expenses reasonably incurred by Lender, including reasonable attorneys' fees, which costs, expenses and attorneys' fees when incurred by Lender shall become part of the indebtedness secured hereby and shall be immediately payable on demand, and shall draw interest from the date incurred until paid at the highest rate provided for in any note secured hereby. 3. Undersigned will insure, and keep insured, as required by Lender from time to time, all buildings now and hereafter on said land against such risks, in such form, in at least such amounts. and with such company or companies, as shall be satisfactory to Lender, the loss, if any, to be payable to Lender as its interest may appear, and will deliver to Lender a policy or policies of insurance with mortgagee clause satisfactory to Lender attached thereto, and will promptly pay, when due, all premiums for such insurance. In addition to other insurance coverages, if the property is located in a government mandated flood area where participation in a Federal Flood Insurance Program is required, Undersigned agrees that upon receipt of notification from Lender and within the time period established by Lender, Undersigned wilt obtain and maintain flood insurance in Such amount as Lender requires on all buildings, improvements, fixtures and any mobile home(s), now existing or hereafter erected, placed or maintained on or in the land described in this deed of trust, together with all other personal property securing Undersigned's obligations to Lender and maintained on or in such buddings, improvements or mobile home(s), until the loans, future advances and all other indebtedness secured by such property and this deed of trust is fully paid Lender may require Undersigned to obtain or, maintain such flood insurance at the time loan(s) secured hereby are made or at any time thereafter until the loans secured by such property are fully paid. Undersigned further agrees to pay Lender all reasonable fees and costs Lender incurs in determining whether any of the property is located in G01008NC I.,). I .,q an area having special flood hazards including determination fees (of initial and subsequent determination as well as fees for monitoring the flood hazard status of the property during the life of the loan), together with the cost of premiums and fees incurred with purchasing flood insurance for Undersigned, if Undersigned fails to do so within the time period required by Lender. Any such fees, premiums or costs shall, in Lenders sole discretion, be due and payable on demand or as otherwise provided for in the promissory note(s) secured hereby or this deed of trust. At the option of Lender, Insurance funds may be used for reconstruction or repair of the destroyed or damaged insured buildings and insurance funds not so used shall be applied on such part of the indebtedness secured hereby as Lender, in its sole discretion, may determiner 4 Undersigned will pay, when due and payable, all taxes, assessments and other charges that may be levied or assessed against said land, and all other amounts that may be or become a lien thereon. In the event Undersigned fails to pay, when due and payable, any such tax, assessment, charge or any other item which may or has become a lien on said land, Lender may, at its discretion, pay the same without notice to or consent from Undersigned but Lender shall be under no obligation to do so and the same will, at the option of Lender, be due and payable on demand of Lender or shall be deemed indebtedness secured hereby Further, if required as a condition of any loan secured hereunder, Undersigned shall pay to Lender an the day installments are due, until the note is paid in full or any escrow requirement is otherwise waived in writing by Lender, a sum to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this instrument as a lien or encumbrance on the property, and (b) premiums for any and all insurance required by Lender Such amounts required hereunder shall be determined in accordance with the Real Estate Settlement Procedures Act (12 U,S C. §2601 et seq ) and its implementing regulation, Regulation X (24 C F.R. Part 3500) ("RESPA") Upon payment in full of all sums secured by this instrument, or if any such escrow requirement is no longer required as a condition of any loan secured hereunder, Lender shall promptly refund to Undersigned any funds held by Lender under this escrow requirement. 5. Undersigned will keep in good order and condition, preserve, repair, rebuild and restore all terraces, buildings, groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter erected or placed thereon, and will not permit the change, injury or removal thereof, will not commit or permit waste on said land, and will not, except with the written consent of Lender, cut, use or remove, or permit the cutting. use or removal of, any timber or trees on said land for sawmill, turpentine or other uses or purposes, except for firewood and other ordinary farm purposes 6. Undersigned covenants that he will not perform any act which might impair or tend to impair the continuation on the land herein described of all crop allotments and acreage allotments now established or hereafter established on any of the land herein described and hereby grants a lien on said allotments to Lender 7. Undersigned covenants, warrants and represents that there are no oral or written leases affecting the within described land at the date of this instrument other than those set forth in written application for this loan or in any written amendment thereto and that Undersigned will not enter into any leases affecting the within described land or Improvements thereon without the prior approval of Lender thereof 8 That Undersigned hereby represents and warrants to Lender that there are no materials (hereinafter collectively called "Special Materials") presently located on or near the premises which, under Federal, state, or local law, statute, ordinance, regulation or standard or administrative or court order or decree or private agreement (hereinafter collectively called "Environmental Requirements"), requiring special handling in use, generation. collection, storage, treatment or disposal, or payment of costs associated with responding to the lawful directives of any court or agency of competent jurisdiction or for similar economic loss. Such Special Materials include those that violate any national or local contingency plan or the release or threatened release of which may violate or create liability under the Environmental Requirements. Such Special Materials also include (a) asbestos in any form, (b) urea formaldehyde foam insulation, (c) paint containing lead or (d) transformers or other equipment which contain dielectric fluid containing polychlorinated biphenyls (commonly referred to as "PCBs"). Undersigned further represents and warrants to Lender that the premises are not now being used nor have they ever been used in the past for the activities including the use, generation, collection, storage, treatment or disposal of any Special Materials, and in particular, without limiting the generality of the foregoing, the premises are not now being used nor have they ever been used in the past for a landfill, surface impoundment or other area for the treatment, storage or disposal of solid waste (including solid waste such as sludge). Undersigned will not place or permit to be placed any such Special Materials on or near the premises. Nothing herein shall be deemed to prohibit or restrict the use, collection, storage, treatment or disposal in a manner consistent with applicable Environmental Requirements, of insecticides, herbicides, or other pesticides, fertilizers or petroleum products (including gasoline, motor fuel, crankcase oil, heating oil) as part of the agricultural operations now or hereafter conducted by the Undersigned on the premises in a good and husbandlike manner Undersigned further represents and warrants to Lender that there are no wells or septic tanks or other underground tanks (whether currently in use or abandoned -in -place) on the prernises serving any other prop" and that there are no wells or septic tanks on other property serving the premises. If at any time it is determined that there are Special Materials located on the premises which under any Environmental Requirement require special handling in use, generation, collection, storage, treatment or disposal. Undersigned shall, within 30 days after having obtained actual knowledge thereof, take or cause to be taken, at Undersigned's sole expense, such actions as may be necessary to comply with all Environmental Requirements. If Undersigned shall fail to take such action, Lender may make advances or payments towards performance or satisfaction of the same but shall be under no obligation so to do; and all sums so advanced or paid, including all SLIMS advanced or paid in connection with any judicial or administrative investigation or proceeding relating thereto, including, without limitation to the extent permitted by applicable law, reasonable attorneys' fees, fines or other penally payments, shall be at once repayable by Undersigned and all sums so advanced or paid shall become a part of the indebtedness secured hereby, Failure of Undersigned to comply with all Environmental Requirements shall constitute and be a default under this Instrument. Undersigned hereby agrees to indemnify and hold Lender harmless to the extent permitted by applicable law for all loss, liability, damage, cost and expenses, including G01008NC c�ori P a, y. 4 n' 8 reasonable attorneys' fees, for failure of the premises to comply in all respects with the Environmental Requirements or a breach by Undersigned of any representation, warranty or agreement herein. THi COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES AND INDEMNITIES OF UNDERSIGNED CONTAINED IN THIS PARAGRAPH SHALL SURVIVE THE OCCURRENCE OF ANY EVENT WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE PAYOFF OF THE NOTE(S) SECURED HEREBY, THE RELEASE OR FORECLOSURE OF THIS INSTRUMENT, OR THE ACCEPTANCE BY THE LENDER OF A DEED IN LIEU OF FORECLOSURE. 9. Borrower (or any of them to the extent of their respective obligations) will pay, when due and payable, all amounts secured hereby. Time is of the essence of the said note(s) and any subsequent note(s) secured hereby, and of this instrument. If Undersigned or Borrower fails to comply with any covenant, condition or agreement in this instrument or any notes or other evidence of indebtedness, or in any reamortizations, renewals, deferments. extensions or any other written agreement between the Borrower and the Lender, Lender may, at its option, exercise any one or more of the following rights, powers, priviieges, and remedies: a) Perform the covenants in this instrument, and in any notes or other evidence of indebtedness hereby secured and all amounts advanced by Lender in so doing shall be due and payable by Borrower to Lender immediately without notice, and shall be secured by this instrument, and may, at the sole discretion of Lender, bear interest from the date of advance by Lender at the highest rate provided in any note or other instrument secured hereby. b) Declare any or all amounts and/or obligations secured by this instrument immediately due and payable without notice. c) Have this deed of trust forthwith foreclosed for the whole amount of said sum, interest and costs, and on the application of Lender, its successors or assigns, it shall be lawful for and the duty of Trustee or his duly authorized agent, with notice of hearing and sale as provided by Chapter 45 of the General Statutes, of North Carolina at the time of said declaration of the full debt being immediately due and payable, at such time and place as provided in the notice of sale, to expose said lands at public sale to the highest bidder for cash and to convey said lands to the purchaser at said sale. At such sate Lender shall have the right to bid and become the purchaser of the property sold. The successful bidder shall make a deposit of ten percent (10%) of the successful bid at the time of sale, provided, the Trustee may waive this requirement. 10, Trustee shall apply the proceeds of any sale made under authority granted herein against the following: a) Alf costs of said sale, including the charges for advertising and a reasonable commission not to exceed five percent (5%) of the amount for which the properly is sold, as compensation for the services of the Trustee, b) All taxes, claims, charges, liens, assessments, judgments and costs of maintenance and repair advanced by Lender under the terms of this instrument, with interest thereon as herein set out; c) All taxes on, or which are liens against, and all claims and charges against the property, outstanding, unpaid and payable, if sale is not made subject thereto; d) The principal and interest of the original indebtedness and all subsequent indebtedness hereby secured" a) The remainder, if any, of the proceeds of sate shall be paid to Undersigned, or as otherwise provided by law, If the proceeds of any such sale shall not be sufficient to pay the total indebtedness hereby secured, with all Trustee's commissions, expenses, costs, taxes, charges, claims, assessments, liens, judgments, repairs and maintenance, as herein set out, Borrower shall be liable to Lender for the balance due after the application of the proceeds of the sale as herein provided, and may be sued for such balance in any court having jurisdiction. 11 If Trustee is named as a party to any civil action as Trustee in this deed of trust, the Trustee shall be entitled to employ an attorney -at -law, including Trustee, if a licensed attorney, to represent 'Trustee in said action and reasonable attorneys' fees shall be paid by Lender and added to the principal of the note or notes secured hereby and bear interest at the highest current rate provided in any note. 12 If Borrower shall pay all installments of principal and interest as set forth in the said note and in any subsequent note or notes and/or other payment evidence of indebtedness secured hereby and in this deed of trust and shall comply with all of the terms, covenants and conditions hereof, then this deed of trust shall become null and void. 13 The term "land" as used in this instrument includes all trees, timber, shrubbery, fixtures, and improvements now and hereafter on the land described in this instrument Any agent or representative of Lender may enter upon said land at any time for any purpose desired by Lender, 14. Accounting procedures employed by Lender are for its internal record keeping and shall not be interpretive of the legal rights and duties of the parties. 15 As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, all ar-nounts that may hereafter be awarded for condemnation of and torlious injury to any of the land herein described are hereby assigned and shall be payable unto Lender for application after payment therefrom of attorneys' fees and expenses incurred in connection therewith on such part of the total indebtedness secured hereby as Lender may determine, with no duty on Lender to collect same 16. As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, all rents, royalties profits, and any other income accruing from the land and/or improvements herein described upon and during default under this instrument or the said note are hereby assigned and shall be payable unto Lender for application upon such part of the total indebtedness secured by this instrument as Lender may determine, with the right in, but no duty upon, Lender to collect same. Lender shall have the right. exercisable at its discretion so long as this deed of trust is in force and effect, to dervand in writing the assignment of and transfer to Lender, its successors and assigns, and Undersigned hereby agrees to so assign and transfer, any and all refits, profits, royalties, income or other consideration to be paid or accruing to Undersigned from any oil, natural gas mineral, timber, leasehold or other interest of any kind and nature whatsoever, derived from, connected with or affecting the within described real prop" but not otherwise subject to, conveyed and/or secured by this deed of trust. with the right, but no duly, upon Lender. its successors or assigns to collect same GOQOONC,e,,,�, r•ne Sal o' 17. As a condition hereof and as part of the consideration for the present loan and any future advance secured hereby, Undersigned hereby waives and renounces for himself, his heirs, administrators or executors. successors, and assigns, all rights that now exist, or that may hereafter exist, under the laws of the State of North Carolina, in the event of suit against Borrower for any deficiency in the debt hereby secured, after foreclosure sale by the Trustee, or otherwise of the land herein described, to show as defense or setoffs the alleged fair worth of said land; the Borrower agrees to pay the full amount of the total indebtedness secured at any time by this deed of trust, and the full amount of any deficiency therein that may be established by the foreclosure sale of the land herein described, without defense or set-off on account of the alleged fair worth of said land 1& If the Trustee or his successor(s) shall die, resign, become mentally or physically incompetent or otherwise disqualified, refuse to act, or if a new Trustee is desired by Lender or its successor(s) or assigns, Lender, or its successor(s) or assigns, shall have the right, by paper writing duly executed and registered, to name and appoint another Trustee in the place and stead of the Trustee herein named and appointed, which new Trustee shall have all the duties, rights, powers and privileges of the original Trustee, and the expense of such paper writing and registration shall be paid by Borrower immediately upon demand, and J not so paid, same may be advanced by Lender, its successor(s) of assigns, and shall become a part of the indebtedness secured hereby and may bear interest at the highest rate provided in any note or other instrument secured hereby. 19 As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, all obligations, assignments, releases of real property and/or personal liability, reamortizations, renewals, deferments, extensions or any other agreement, in writing, made or entered into with Lender by any one or more of the Borrowers, by any party or parties obligated (primarily or otherwise) to pay any or all of the indebtedness secured hereby, or by any party or parties who have given security of any kind for any or all of the indebtedness secured hereby are hereby authorized and consented to by Borrower and Undersigned and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the Borrower and Undersigned. 20. As a condition hereof and as part of the consideration for the Present Obligations and any future advances secured hereby, if conveyance, transfer, or other disposition should be made, voluntarily or involuntarily, of the properly herein described, or any part thereof, without the written consent of the Lender, then and in that event, and at the option of the Lender and without notice to the Borrower or Undersigned, all sums of money secured hereby shall immediately and concurrently with such conveyance become due and payable and in default whether the same are so due and payable and in default by the specific terms hereof or not 21. A default under this instrument or under any other instrument heretofore or hereafter executed by Undersigned or Borrower (or any one or more of them) to Lender or for the benefit of Lender, shall at the option of Lender constitute a default under any one or more or all instruments executed by Undersigned or Borrower (or any one or more of them) to Lender, or for Lender's benefit. 22. An event of default under this instrument will occur if any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce or to make possible the production of an agricultural commodity, as provided by 7 CFR Part 12, Upon default, the entire indebtedness Secured hereby shall, at the option of the Lender, become immediately due and payable with interest thereon at the billing rate then in effect without notice, and this instrument may be foreclosed accordingly. 23. All rights, powers, privileges, options and remedies conferred upon and given to Lender are cumulative of all other remedies and rights allowed by law, and may be pursued concurrently, and shall extend to and may be exercised and enjoyed by the successors and assigns of Lender, and by any agent, officer, attorney or representative of Lender, its successors or assigns All obligations and undertakings of and assignments by Undersigned or Borrower and/or any other parties hereto or hereunder shall extend to and be binding upon heirs, executors, administrators, Successors and assigns of Undersigned and/or Borrower, aridlor any other parties. G0l0D8NC,o,q,6, P,12. 6 V B STATE OF NORTH CAROLINA COUNTY OF Columbus ACKNOWLEDGEMENT BY INDIVIDUAL I Candy W. Ward being duly authorized to take acknowledgements of deeds, etc in North Carolina, do hereby certify that Robert B McNeill, Manager of Hydeout Ventures, TI,C, a North Carolf.na 1iinited personally appeared before me this day and acknowledged the due execution of the foregoing instrument WITNESS my hand and official seal this 3rd day of October 2016 (Official Seal) My cornri r4es: 10_--l-1-2019 01- 11 W 1 D� Signature of Officer N�y Plublic ,4.4 .., 1101 *00 O's ta, Tilde of Officer S-fA-9- Of ATV Q1117 INI ACKNOWLEDGEMENT BY INDIVIDUAL t . being duly ..... . . ...... . ... ...... - ------ authonZ gements of deeds, etc in North Carofina, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of (Official Seal) My commission expires: Signature or Officer — — - -------- - - ---------- Title of Office, S IATE OF NORTH CAROLINA COUNTY OF ACKNOWLEDGEMENT BY CORPORATION certify that personally came before me this day and acknowledgedthat he/she is a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its sealed with its corporate seal, and attested by him(her) self as its Wl*tS�§ my hand and official seal this day of (Official Seal) My commission expires: Signature of Officer I itle of Off cor STATE OF NORTH CAROLINA COUNTY OF The foregoing certificate(s) of Is (are) certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Registrar of Deeds of County, NC In Book --- Page This day of A D , at o'clock M By Registrar of deeds Deputy/Assistant Registrar of Deeds Recorded and verihed. STATE OF NORTH CAROLINA COUNTY OF I HEREBY CERTIFY that the within instrument was filed and lodged for record in my office at M o'clock on the day and duty recorded in Book ­­ at Page Registfar of Deeds GOMM ix,,6 1109. R 0 a THIS DEED IS EXECUTED BY THE BORROWER IN FAVOR OF, AND THE TERM "LENDER" AS USED HEREIN SHALL INCLUDE, Cape Fear arm Credit.k_CA ANWOR AS AGENT/NOMINEE FOR ANY PARTY PURSUANT TO A MASTER AGREEMENT AMONG IT AND ITS WHOLLY -OWNED SUBS0ARI FS Cape Fear Farm Credit FLCA AND Ga e Fear i=arm r dit�PCA, AS THEIR INTERESTS MAY APPEAR IN TESTIMONY WHEREOF, the Undersigned has duly executed the foregoing instrument, the day and year first above written. &gned, Sealed and Delivered in the presence of: WITNESS: WITNESS: Undersigned: Ilydeaut Ventures, 1,LC a caroiina iim�'za.1 i.ia:3i1iLy =npany 13y: Robert B McNeill, Manager (SEAL} (SEAL � (SEAL) (SEAL) (SEAL) (SEAL) (SEAL.) (SEAL) (SEAL) (SEAQ G01008NC,aq�,, 1 • 1 SCHEDULE A This Schedule A is hereby attached to and made a part of that Cued of Trust by and between Cape Fear Farm Credit, ACA and Wy+deout Ventures, LLC dated October 3, 2016. State Of NC CountY Of Hyde and described as follows; BEGINNING AT A POINT AT THE DIVIDING LINE OF LAND HEREIN DESCRIBED AND LAND HEREIN DESCRIBED AND LAND CONVEYED TO JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY AS RECORDED IN DEED BOOK 103, PAGE 102, IN THE 'HYDE COUNTY PUBLIC REGISTRY, SAID DEED DATED MARCH 22, 1977 THENCE ALONG SAID DIVIDING LINE NORTH 88- 43" WEST, A DISTANCE OF 480 FEET TO THE EASTERLY EDGE OF THE EXISTING BARGE CANAL; THENCE ALONG THE DIVIDING LINE OF LAND HEREIN DESCRIBED AND THE EXISTING BARGE CANAL 1.- 17' EAST, A DISTANCE OF 420 FEET TO A POINT AT THE DIVIDING LINE OF LANDS HEREIN DESCRIBED NOW OR FORMERLY OF PAMLICO PROPERTIES IV AND THE BARGE CANAL; THENCE ALONG THE DIVIDING LINE OF LAND HEREIN DESCRIBED, NOW OR FORMERLY PAMLICO PROPERTIES IV, SOUTH 88" 42" EAST A DISTANCE OF 480 FEET TO A POINT.; THENCE SOUTH 1- 17' WEST, A DISTANCE OF 420 FEET TO THE POINT OF BEGINNING CONTAINING 4.6281, ACRES AS PER SURVEY OF DAVID ROSS SMITH, REGISTERED SURVEYOR, DATED 7WUARY OF 1981. TOGETHER WITH AND INCLUDING A NONEXCLUSIVE RIGHT OF WAY FOR INGRESS, EGRESS AND REGRESS,, AND WHICH SAID RIGHT OF WAY IS DESCRIBED AS FOLLOWS: IT BEING 100 FEET WIDE, MEASURED EASTWARDLY.AND AT RIGHT' ANGLES FROM THE EASTERLY LINE OF SAID 4.6281 ACRES TRACT. SAID RIGHT" OF WAY EXTENDS ALONG THE FULL LENGTH OF THE EASTERLY LINE OF SAID 4.6281 ACRE TRACT. SAID RIGHT OF WAY MAY ALSO BE USED FOR UTILITY LINES OF ALL SORTS, PROVIDED THAT SUCH UTILITY LINES SHALL' BE PLACED SO AS NOT TO UNREASONABLE IMPEDED TRAVEL ALONG THE RIGHT OF WAY. THIS BEING A PORTION OF THAT PROPERTY (PARCEL TWO) CONVEYED TO LUX FARMS, A NORTH CAROLINA LIMITED LIABILITY COMPANY, BY DEED DATED MAY 24, 2005, WHICH DEED IS OF RECORD IN DEED BOOK 210, PAGE 561, OF THE HYDE COUNTY PUBLIC REGISTRY. PARCEL, T(VO BEGINNING AT A POINT WITHIN THE BARGE CANAL AT THE NORTHWESTERLY CORNER OF THE SECOND TRACT OF LAND (11.66 ACRES) DESCRIBED IN A CORRECTION DEED DATED JUNE 30, 1975, RECORDED IN BOOK 100, PAGE 265, HYDE COUNTY REGISTRY, EXECUTED BY PAMLICO PROPERTIES TO CYANAMID AGRICULTURAL CORPORATION AND YRAD 110 CORP., AND RUNNING THENCE NITH THE NORTHERLY LINE OF SAID 22.66 ACRES TRACT SOUTH 68° 43` EAST 460 FEET TO THE NORTHEASTERLY CORNER OF SAID 11,66 ACRES' TRACT, RUNNING THENCE NORTH 01' 17' EAST 453.73 FEET; RUNNING THENCE NORTH W 43' WEST 480 FEET TO A POINT WITHIN THE BARGE CANAL; RUNNING THENCE SOUTH 01' 17' WEST 453.75 FEET TO THE'POINT OF BEGINNING, CONTAINING 5 ACRES, MORE OR LESS, THE COURSES HEREIN SET OUT ARE MAGNETIC FOR THE YEAR 1971. THIS BEING THE FIRST TRACT IN A DEED RECORDED IN DEED BOOK 103, PAGE 102, HYDE COUNTY PUBLIC REGISTRY. THIS BEING A PORTION OF THAT PROPERTY (PARCEL THREE) CONVEYED TO LUX FARMS, LLC, A`NORTH CAROLINA LIMITED LIABILITY COMPANY, BY DEED DATED MAY 24, 2005,,NHICH DEED IS OF RECORD IN DEED BOOK 210, PAGE 561, OF THE HYDE COUNTY PUBLIC REGISTRY. ALSO INCLUDED HEREIN IS A NONEXCLUSIVE PERPETUAL AND APPURTENANT EASEMENT .FOR INGRESS, EGRESS, REGRESS AND UTILITIES, OVER AND ALONG THAT 30' RIGHT OF WAY, ALSO KNOWN AS MARTIN ROAD, TO AND FROM 4TH AVENUE AS SHOWN AND LOCATED ON THAT PLAT ENTITLED IN PART, "JOHN HANCOCK MUTUAL LIFE INS. CO. ET AL, PAMLICO PROPERTIES II, CARGILL ALLIGATOR RIVER COMPANY," DATED NOVEMBER 8, 1973, PREPARED BY W.C. RODMAN, III, CIVIL 'ENGINEER, NHICH PLAT IS RECORDED IN PLAT CABINET B, SLIDE 7B, OF THE HYDE COUNTY PUBLIC REGISTRY, AND, WHICH PLAT I$ INCORPORATED HEREIN BY REFERENCE. Hydeout Ventures, LLC Robert D McNeill, Manager DAVIS & DAVIS Al '-- .1 1 All SWAN Qlj—To.. N.C. I—md Sep 28 AOL) $200,00 M, L MEWA LLVY6SPLNCEH gister of Deads I D—S, 14 F"? Mate 101 Hyde firth Carolina county ORTH CAROHNA HYDF� COI-INTY I certify that no delinquent Ad Valorem taxes or other taxes With which this office is charged are a lien on the PrTefty Described in this deed. ('U Filet n 140d11COUnty,NC g2 a 9. 11 34 47 AM b M F MFRITA I FW18,-SPFCFF N ' "ter of Deeds Book 239 Pap 100 THIS Di"'I'D made this the] 8tfi day ofSoptoniber, 2009, froin GARY SITAYNE 4,ANKFORD and wife, JI 1.1, I.,ANKFORD, of the County offkkalb, State of(jeorgil, parties �of1he Hirst part, to HENJAMIN C. SIMMONS, III and wife, 'rONYA W. SIMMONS, of Post Office Box 39, Fairlield. North Carolina 2,7826, parties oftlic second part, Wl*['NFSSI-"I'll, 'I'l IAT SAID PARTIES (if the first part for tell dollars (S II)AO) and Other- Valuable )nsidonlhon to them in hand paid by the parties ofthe second part, the rccejI)t of'which is 11creby :knowlcd,,,cd, have bargained and sold, and by these presents do grant, bargain, sel I and convey Ito flic parties of the second part, as tenants by the entirety, their heirs and assigns, that cclUill trccl of hilid located in 1,3ke 1,anding Township, Hyde County, North Carolina, which is more li-licularly described as hollows: BEGINNING AT POIN'r, which point is located as ftfflows. 13cgiIlnjIl9 at (lie Concrete illonument Which is 8 inches by 9 inches in widill and which is 5 feet in height situated at the head of the northeast prong of the bong Shoal River, said ce,11crete nionjiment being located in the count), line SCIMI-2tilIg Hyde County and Dare, County, North Carolina as shown oil the plat prepared by J- 1. Hcri-ilage in 1919, ,aid concrete monument being situated in a Corner ot,property formerly owned by West Virginia Pull, and Paper Company, and more recently owned by First Colony Farms, Incorporated: running theme North 80 degrees 42 minutes West, along said couilly line as Sir own on said Iderritagc plat, 37,681) feet to a conerde 1110111inleill which measures 8 inches by 8 illcllcs in width and is 6 lect in hC41,11(; rLIMlin_f,' thence, North 80 degrees 42 minutes West 20 feet to a point in the southeast shore ol'Alligator River; running 11101CC ill a generally wo,stward dircetion, along the southern shore ol'Alligator River to the center line of Ilarj,,e Canal (Barge Canal being shown on the plat prepared by W. U. Rodman, III off-ecord in I'lat Cabinet B on Slide 743 arld being shown on the plat prepared by W. C. Rodman, M of record in Plat Cabinet Book 239 Page 101 A oil Slide I 78-A, I lyde County Registry); running [hence it) a getlendly southerly direction, along the center line ofBargc Canal to an imaginary prolongation of the northerly property line of the 4.6281 Acre tract of land conveyed to Seg Anstalt Company by warranty deed from Pamlico Properties IV dated Septcinhcr 1, 1981, recorded in Book 115 at page 154, 1 lyde County Registry; running thence South M degrees 43 Minutes East, 530 feet, more (It, less. to the northerly corner of said 4.6281 acre tract of JaII& 1-111jiling thence South 01 degree 17 minutes West, 873,75 feet tea (tic northeast corner ofthe 11.66 acre tract ofland described in the correction deed from Pamlico Properties to Cyanamid Agricultural and P I It D 110 ('01111 dated little 30, 1975 of record in Book 100 page 265, Hyde County Registry; running tlr(AlCe South 01 degrees 1'7 minutes West, 1,000.00 feet, to the point ot,beginning of the parcel of land being hereby described-, running from said beginning point, so located. South 01 degree 17 minutes Wes(, 585.10 Ice( to a point on the north edge of Fouilli Avenue West; running thence North 66 degrees 55 Minutes 51 seconds West, 365.74 feet; running thence NoIlb 58 degrees 51 minutes 52 seconds West, 313.43 1cct, running thence North 66 degrees 58 minutes 24 seconds West, 880.06 feet, running thence North 00 degrees 03 minutes West, 1,243.46 feet, running thence South 89 degrees 20 minutes East, 877-88 feet', running thence South 01 degree 17 iniautcs West, 285.24 teet; running thence South SS degrees 43 mijuncs, East, 130 feet; running thence South Of degree 17 minutes West, 1,000 feet; running thence North 88 degrees 43 minutes West, 100 feet; running thOIC12 South 01 degree 17 minutes West, 150 feet, I'Llillaing thence South 88 degrees 43 minutes East, 100 feet-, running thence North 01 degree 17 minutes East, 75 feet; running thence North 72 degree,,; 50 minutes 55 seconds l-'ast, 237.17 I`eet; running thence South 88 degrees 43 minutes East, 225 feet, to tile point ofbcginning, containing 16.613 acres, more or less. THIS PAR(A.1, is the identical parcel of land described in -,I deed from Lankford Properties, Inc. to Gary Shaync Lankford, dated November 4, 1999 and of record in the Oflicc of the, Register of Deeds of Hyde County, North Carolina in Book 174 at page 637. Tf I IS CONVEYANCE is made subject however, to the followiug= o) Such easements as may be outstanding across said lands for utility lines and public roads; b) 'file 2009 and Subsequent years' taxes and assessments assessed and to be assessed against said lands by Hyde: COLIntV prorated to the time of closing: DAVIS & DAVIS —'OPNFYAT LAW SWAY Qt)ARTER, N.C. Book 239 Page 103 IIIFSTIMONY WHEREOF, the parties oftlic first part have heredito set their the (lay and year first above written. .. . ..... . . . Gary Shayne Lankford Jill 1,<aaak ord STATE OF GEORGIA CO 11 N FYiCITY 01, IZ Z. d a notary public ofthe Couffly/City ot'Georgia, certify that the hallowing persions -ily sip cd the )- g personally appeared before me this (lay, acknowledging that they voluntm I le ti te kling doemacrit for the; purpose Stated therein and in the capacity indicated: Gary Shayne 1-ankt6rd and Jill Lankford for themselves. 10! This the Af'day of September '�)09' 4 Qq % Notary Public (Signature) L. HUNT— xiu�D ho 0 Ypu C Cob C state Notary Public (Printed Name) 111f'N� MI. cPtroeoJ21,;M10 Dale Commission Expires , D ... ....... k.-I Seuw"' lou" 0;-, MY IA"""n'w' D-1, ('1-1y+'C L.Aln"I - K-n & I'm,.) DAVIS & OAVIS A , . ,. , . 'r, " ,A. SWAN QU—TEH, N,C. Book 239 Page 102 C) Such rights as the owners ofother lands may have to drain through and maintain or otherwise utilize any ditches and canals and roadways that bound or cross said lands; (1) Stich rights its others have in the Barge Canal and its banks; C) That reservation made by Sam Broadhead el al in a deed dated August 5, 1958, and recorded in Hyde County in Book 70 at page 290; 1) The provisions of that declaration by Cyanamid Agricultural Corporialion, et al as recorded in the Office of the Register of Deeds off lyric County, North Carolina, in Book 103 at page 05 and the matters shown on the maps of record in the Office of the Register of Deeds of I lyde County, North Carolina, in Plat Cabinet B on Slide fl 7-13 el seq; g) That certain reservation made by Georgia Timberlands, Inc. in a deed from it to Mulberry Street Investment Company dated December 30, 1986, and of record in the Office of the Register of Deeds Off lydC County, North Carolina, in Book 127 at page 505 provided however, that any of the oil, gas and minerals owned by the parties of the first part or either ofthem with respect to the lands described above and which were reserved in tile above referenced deed from Georgia Timberlands, ]tic. 10 MLI1bCI-ry Street Investment Company that is owned by the parties of the first part, or either of them, is hereby conveyed to the parties of the second part; and, 11) The assessmenti, of the Mattaniuskeet Association prorated to the date of closing. TO HAVE ANDTO 11OLD the above described parcel of land, together with alp improvements thereon and appurtenances thereto, unto them, the said parties of the second part, -is tenants by the entirely, their heirs and assigns to their only use and behoof in tee ,,-itiil)lc absolute, lorevcr. ANDTI I]-:,' SAID Gary Shayno I ankf'ord, one of (lie parties tithe first part, does for himw] f, his executors, administrators, and heirs, covenant to and with the parties ofthe second part, their heirs and assigns, that lie is seized ot'said premises in fee and has a right to convey 1he same in fire simple, that the same are free and clear ofall liens and encumbrances, except as set out above, and that lie will forever warrant and defend the title to the sarne against all Other lawful Claims. DAVIS & DAWS A110,tNF.YS AT LAW ,IWAN QUARI EFN ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MBCMG P.Q. Box 39 Fairfield NC 27826 NORTH CAROUNA Environmental Quality Dear, MBCMG The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the property located SR 1311 off North lake, Rad on 4th Avenue Hyde County Engelhard North Carolina, and appears to be adequate for processing at this time. The projected deadline for making a decision is 14 December 2021. An additional 7S -day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Shane Staples, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948- 3950 or via email at Shane.StaplesPncdenngov if you have any questions. If this agency does not render a permit decision within 70 days from 30 September 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. North Carolina 0epartment of'Enviranircinal Quality Divisior) of Co awl Management Washington Office 1 14,13 Washftigton Square Mall 1 Washington. North Carolina 27889 252.1)46.648l An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Shane F. Staples Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO County of Hyde- Daniel A Brinn Ben Simmons III & Steve Trowell Nw 0i Carolina Department of U101'MITIC11tal Quality 1 Division of Coastal Management Washington Office 1 9,13 Washington SqUarC Mail Washington, North Carolina 27899 252.9,16.6481 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Mattamuskeet Barge Canal Maintenance Group COUNTY: Hyde PROJECT NAME: MBCHG LOCATION OF PROJECT: 4""Avenue off SR 1311 North Lake Road Engelhard NC 27824 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-30-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Staples DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: Date 2. 0 UNIT: �f�-_FEE REC'D: $475(60140) 4248 13) DATE RECEIVED BY MAJOR PERMITS APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-31-21 ADJ. RIP, PROP NOTICES REC'D: C) 75 DAY DEADLINE: 12-14-21 HOLDS: EMAIL OUT DATE: 10-26-21 PERMIT FINAL ACTION: ISSUE—, . ........... ...... DENY END OF NOTICE DATE: I t-19-21 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: Click or uip to enter :idaic. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination L,ocal Permit Officer Corps of Engineers — Regulatory Branch DWR ­­ 401 Section DWR — Public Water Supply DEM1,R Stormwater DEMI,R Sed and Erosion DOA — State Property Office Wildlife Resources Commission I DMF — Shellfish Section DMF — Habitat & Enhancement DNCR — Archives & History DNCR ­ Natural Heritage Program NCDOT NC Dept of �Comm�erce ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Die ector Coastland Times P.0 Box 400 Manteo, NC 27954 NORTH CAROLINA Environmental Quality Please include the enclosed Notice of Filing in the Public Notice section of the 31 October 2021 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original. copy of the published notice, and an original invoice to: Keri Sparks NCDEQ COASTAL MANAGEMENT DIVISION 943 Washington Sq. Mall Washington NC 27889 252-948-3820 Keri.Sparks�'Li)ncdennggy Thank you. Sincerely, ojoo '6j-/�Sf Keri Sparks, Administrative Assistant 11 Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File .0 North Carolina Department of Environmental Quality 1 Division of Coastal Management Washington Office 1 943 Washington Squareviall i: WzOijngton. North Cai olina 27889 EQ ly D.,.,h—1 d C.1--W C�.252.94b.048l NOTICE OF FILING OF APPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. I I 3A-1 19(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (LAMA) was received on 30 September 2021. According to the said application submitted by Mattarnuskeet Barge Canal Maintenance Group— proposes to perform maintenance dredging within Barge Canal and the entrance channel into the Alligator River to restore depth to A Oft at NWL. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 19 November 2021 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Please publish on: 31 October 2021 E5ni oa"cAw Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3950 Mort( Carolina Npartment of Environmental Quality '� Division of Malljgcjjjerlt Washington Office 1 943 Washington Square kfaH � Washington. Nm th Carolina 27889 252.946.6481 Mattamuskeet Barge Canal Maintenance Group (MBCMG) Maintenance Dredging Hyde County Proiect Settin The project site is located off SRI 311, North Lake Road, + 10 miles NW of Engelhard and is a manmade canal that connects to the Alligator River +3.6 miles south of the AIWW cut in Hyde County, North Carolina, The existing canal varies from +80' to +150' wide, and is +4 miles long, and has an original excavated depth of - 12' below normal water level (NWL). A marked navigation channel exits from the mouth of the canal out to the AIWW channel in the Alligator River. The entrance channel, canal, and basin have shoaled since the last maintenance event. Depth in the entrance channel average -7.4' below NLW with some areas shallow as -4.0' The original excavation of the canal predates the LAMA and State Dredge and Law, but the project location has had two previous maintenance events authorized under LAMA Major Permits. LAMA Major Permit No. 99-81 was issued to SEG Anstalt on August 6'h 1981 for additional excavation and construction within the canal system, this permit expired. LAMA Major Permit No 198-07 was issued to the MBCMG on December 18, 2007 for maintenance excavation within the canal and entrance channel into the Alligator River, this permit has expired. These permits authorized a finished depth of -I I' and - 12' below NWL respectively. The membership of the MBCMG has changed since the previous issuance but the purpose and need remain providing adequate navigation for traffic carrying ag related products. The Alligator Rover, the connecting waterbody to this manmade canal, is an estuarine waterbody as designated by the Division of Marine Fisheries and is classified as SC, Sw, ORW by the Environmental Resources Commission. Pro 'ect Description The Ml3CMG is seeking authorization to undertake maintenance excavation in the shoaled areas of the canal using bucket and barge. The entrance channel measures 70' wide x 1,080' long, the canal measures 70' wide x 7,170' long, and the boat basin measures 150' wide x 445' long. All sections will have a final project depth of -10' below NWL. In total 48,668ft cubic feet of material would be removed consisting mainly of organic muck and sand. Spoil will be offloaded near the head of the canal along a section of bulkheaded shoreline and be loaded into dump trucks. The approximately 4-acre spoil area will contain all materials until dry at which time it will be seeded over or placed on adjacent farm land. Anticipated. Impacts The project will impact 644,250ft2 of previously impacted canal and Alligator River bottom and approximately 4-acres of uplands that is a designated spoil area. Future maintenance event in the entrance canal may be required within 5 years if shoaling continues at current rates and maintenance events within the canal and basin are expected to occur less frequently. Localized noise and turbidity are expected during excavation Shane Staples — October 25, 2021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Mattamuskeet Barge Canal Maintenance Group 2. LOCATION OF PROJECT SITE: Barge Canal leading off the Alligator River adjacent to 4111 Avenue, an unimproved dirt road, offof SR 1311, North Lake Road. Lat: 350 36' 48.6" N Long: 76102' 04.8 " W 3. INVESTIGATIONTYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — February 2, 2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete - September 30, 2021 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan: Hyde County Land Classification from LUP: Office and Institutional (B) AEC(s) Involved- EW, ES (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Grain silo, farm buildings, loading area, road, single home Planned — N/A (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] QI DREDGED FILLED HER D - (A) Upland (Spoil area) +4 - acres (B) Barge Canal/Alligator River Bottom 644,250ft2 48,668 cubic yards (c) Wetlands (D) Total Area Disturbed: 644,250112 (E) Primary Nursery Area: No (F) Water Classification: SC, Sw, ORW Open: No PROJECT SUMMARY: The applicant is proposing to perform maintenance dredging within Barge Canal and the entrance channel into the Alligator River to restore depth to -I Oft at NWL. The maintenance areas were previously permitted up CAMA Major Permits No.99-81 and No.] 9,8-07. 'This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (111011201'2) Applicant. Date Staff , t,- DElizabeth City Washingtom -S District: [...]Morehead City El Wilmington 0( ....... ... ... .... - Tr6 Rover File. Date of initial appficaiio-n submittal (EX 11812007): . . . ... . ........... . . . 7 Date application "received as complete" in the Field o flice (EX. 11812007).- Permit Authorization: LJCAMA LIDredge &Fill [Both SITE DESCRIPTIONIPERMIT INFORMATION F- PNA.- E]Yes ,,,Yes Photos Takerm Yes [ NoSetback Required (riparian): --]Yes Kio Critical Habitat: El Yes []No of Sure 15 foot waiver obtained: El Yes 9<o Hazard- Notification Returned: Yes [I No L]ye sA v.. F-1 Yes EWo F] Not sure Shell Bottom 'S ❑ Not Sure Temporary Impacts: �'6s []No Sandbags: e land usealassitication come from Mitigation Re ,7quired (optional): county L UP: [TYes El No ye" o 0 -1 �aratorium Conditions: [-]Yes D No Environmental As�ssment Done: ❑ NA El Yes F1 No [9NA SECONDARY WATER CLASSIFICATION- OPTIONAL (choose MAX of 4) ❑ Future ----- W--a-t-e- -r S-- up- pl y. (F WS) e-nt Sensitive Waters (NSW) F'[j­Swamp Waters ❑ High Quality Waters (HQW) utsta'W(i��,g,-"R-",e,s--o-urc-o Waters (ORW) . ... . .... . ...... .. �O— --------- . ..... WETLANDS IMPACTED M-(40-4) Corp.ofEngineers (Jurisdictional wetlands) Saw grass (Cladium jama icense) Ll (DS) Salt or spike grass (Distichlis spi ca E (JR) Black oeedlerush (Juncos roemerianus) APPLICATION FEE No fee required - $0.00 L-i minor moafrication to a UAMA Major permit - $100 Permit Transfer- $100 [.-] Major development extension request - $100 I. Private no e dredg .qandlor fill - $250 [_I (LS) Sea lavender (L.imonium sp.) (SS) Glasswort ( Salicomia sp.) ❑ (SA) Salt marsh cordgrass a (SY) Salt reed grass (Spa-r-iin-a altemiflorri) cynosuroides) E (SC) Bultrush or three square (Scl�rpus a sp.) sp ) (S 6 -§eadow grass (Spartina ,altlm- -- patens) L-J III(A) Private wl O&F up to I acre, 3490 [-J 111(D) Priv. public or comet wl D&F to I car) be applied - $250 acre,- 3490 can't be applied - $400 Ll Major Modification to a CA MA Major permit - $250 .-.. . . .. . ..... 111(B) Public or commercial wl O&F to I acre: 3490, can be applied - $400 0 li. Public or cornmerciallno dredge and/or rill - $400 F ffl�c ln riv. public or corn w ID&F to 1 J acre, 3490 can be applied; DCM needs OWQ agreement - $400 [CIV Any development involving D&F of more than 1 acre - 9475 Express Permit - $2000 .`1'5 ILI 808- 2 80 8 1 - 383 -" R, C 0A "S T N-'N J 1 ,, :, I -., " ��'l i 1 ;, I ,q a r �A �j e ( � -, ,, I , I t , I I 'i t ! -:. , ( i �,; -7" ,,p . 1,"� � f i ) NC Division of Coastal Mgt. Appflcatjon Computer Sheet, page 2 of 4) Applicant: Date - Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. .... . . ................. TYPE REPLACE Activity Name Number Choose Choose Dimension I Dimension 2 Dimension 3 Dimension 4 One One 1 revised 02/15/10 NC Division of Coastal Mgt. Application COMPUter Sheet, Page 3 of 4) Applicant- 114 /,0 6- Date: Describe below the HAB17-A Tdisturbances for the application, All values should match the name, and units of measurement found in your Habitat code shoot, HDISTURB TYPE Habitat Name Choose One Dredge Pz�Fill ED Both El Other EI U/) Dredge F] Fill W<I'th [I Other Ej Dredge 0 Fill El Both 0 Other P F-] Both El Other r-1 Dredge El Fill Ll Both E Other [I Dredge E- Fill [I Both 0 Other F] Dredge L] Fill E] Both E Other Dredge E] Fill Ej Both 0 Other E.] Dredge [] Fill F Both Other [I j Dredge E Fill E Both [I Other El Dredge El Fill F1 Both [I Other F1 Dredge Ll Fill El Both 1_1 Other 0 Dredge F1 Fill El Both n Other E Dredge Ll Fill Ll Both El Other E Dredge L] Fill [] Both F Other El TOTAL Sq, Ft. FINAL Sq. Ft (Applied for (Anticipated final Disturbance total disturbance. includes any Excludes any anticipated restoration restoration or and/or temp ternp impacts) impact amount) ... ....... . .. TOTAL Feet FINAL Feet (Applied for (Anticipated final Disturbance disturbance. total includes Excludes any any anticipated restoration and/or restoration or temp impact 52 -.. 08 - -2 30 '8� , I P163I "T '. i".) JkS 7 nM r., .:k,3 1n i rc7�;'%ag a rneo t 5, 1 MattarnUskeet Barge Canal Maintenance Group (MBCMG) Name of Property Owner Requesting Permit: Mailing Address.- P.O. Box 39 Fairfield, NC 27826 Phone Nuiflber: (252) 944-3070 Email Address: stove trowell@gaiail.com I certify that I have authorized 3tev(:' Trowell Agent/ Contractor to act on my behalf, for the purpose of applying for and obtaining all LAMA permits necessary for the following proposed development: maintenance excavation of the Barge Canal to maintain adequate depth for barge traffic at my property located at 4th Avenue off SR 1311 North Lake Road adjacent the Barge Canal in Hyde County County. / forthermoro certify that / am authorized to grant, and (Jo in fact grant perinission to Division of Coastal Management staff, the Local Peonit Officer and their agents to enter on the aforementioned lancis in connection with evaluating infortnation related to this pert it application, Property Owner inforq4tiqn: Tonya arid Ben C. Simmons III, Met-riber M13CMG F�rint or Type Name Date 'I his cortification is valid through AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION MattaillUskeet Barge Canal Maintenance Group (MBCMG) Name of Property Owner Requesting Permit: Mailing Address: P.O. Box 39 Fairfield, NC 27826 Phone Number: (252) 944-3070 Email Address: twsbcsiii@aol.com, stevejtrowell@gmail.com I certify that I have authorized -Ben C. Simmons III, Member MBCMG and Steye_Trowell Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all LAMA permits necessary for the following proposed development: maintenance excavation of the Barge Canal to maintain adequate depth for barge traffic at my property located at 4th Avenue off SIR 1311 North Lake Road adjacent the Barge Canal in Hyde County —County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application, Property Owner Information: Signature Hydeout Ventures, LLC Member MSCMG Print or Type Name Alf � 1411�_� Title 06i'l) bate 2b9_1 This certification is valid through September 2, 2021 Mr. Shane Staples Field Representative NC Division of Coastal Management 943 Washington S(JUarc Mall Washington, North Carolina 27889 Dear Mr. Staples: t'Inclosed is a Mqjor CAMA/Dredge kind Fill permit application submitted on behalfof' the Mattamuskeet Barge Canal Maintenance Group (MBCMG) for maintenance excavation of tile Barge Canal off the Alligator River located + 3.6 miles south of the AIWW cut in Hyde County (N 36.6475, W -76.0383) and ±10 miles NW of Engelhard, The Barge Canal and the ag related infrastructure adjacent the terminus ofthe canal call be accessed by motor vehicles by taking 4"' Avenue, all UllinlProved dirt road off Sr 1311, North Lake Road. The MBCMG originally formed in 2007 and consisted of the landowners at the head of the canal/basin. This group of landowners made application for maintenance of the entrance channel through the DEQ Express Permit Program and received Major CAMA/Dredge and Fill permit no. 198-07 oil December 18, 2007. Since 2007 Mr. Bell Simmons has acquired the former Coastal Producers property and is the principle owner off.,"astCarolina l,'at-iiiijigCorporatioii. llydeouiVeiittiresi.,I.,Ciiasjoined forces with Mr. Simmons as part of the MBCMG. At this time Mattamuskeet Ventures ITC is not participating in this maintenance excavation permit. Maintenance excavation of tile basin at tile head of the canal/basin will stop at the joint, northern property line between Mattamuskeet Ventures atid East Carolina Farming Corporation. "I'lie purpose of this previous maintenance excavation request was to restore adequate water depths to support barge traffic transporting age related products in support of' large local farming operations. This purpose and need remains unchanged. 'File Division of Water Resources 401 Water Quality Certification Program issued a General Water Quality Certification no. 3624 and assigned this application project no. 07-1958 and the Corps Litilized aTier 11 Programmatic General Permit and assigned the pro.ject Action Id. No, SAW-2007-04016 , The work authorized by this permit was conducted in the winter of 2008. Since 2008 shoaling has occurred again within the previously authorized area of maintenance excavation at the canal confluence with the Alligator River as well as a new area located in the last 1.5 miles of the canal. Channel depths at the canal entrance have shoaled as much as - 4.0' to averaging 7.4'below the normal water level (NWL), Further Up the canal depths have shallowed as intich as -5.0' averaging -7.3 to -8.0' below the normal water level (NWL). Major jor (-'AMA 'AMA Dredge and Fill permit no, 198-07 condition tile project ject depth to minus I I' below [lie NWL and the authorized excavation area was 70' wide x 700,' long. The current shoaling at the entrance is located within the previously authorized entrance channel. The MBCMG is now seeking authorization to undertake maintenance excavation in the shoaled areas of'(he canal. The maintenance excavation will be completed tising, a long reach excavator operating from a barge pushed/maneuvered by a tug boat, The barge has a contaimnent system for the spoil material and is the same barge and tug; that was utilized for this work in 2008. The Mr. Shane Staples September 2, 2021 PageTwo barge and tug boat were purchased by a MI3CMG member from the contractor who completed the work in 2008. A floating turbidity curtain will be deployed across the canal during excavation activities to limit dispersion of turbidity outside the affected excavated areas. Spoil material will be ot'lloaded at an area of shoreline currently used to moor the tug and barge. The canal bank in this location is stabilized with a metal sheet pile bulkhead, This area was used as an offloading area in 2008. Spoil will be placed in dump trucks where it will be trucked into a designated > 3- acre upland spoil area immediately ad.jacent the canal and unloading area. The upland spoil area has an elevated gravel road that encircles the spoil are on three sides. A silt fence will delineate the limits of the spoil area adjacent the basin and maintain a 30' grassed buffer between the disturbed area and basin. The spoil is characterized as highly organic woody detrital material and by volume is mostly water. Based on the previous maintenance excavation work the spoil material remains in place and is not erosive by either wind nor rain. The spoil material will be allowed to dry. Once the material has dried it will cither be sloped, graded and seeded down or loaded onto to dump trucks and trucked to nearby active cropland where it will be spread and worked into the field. An erosion control plan for the spoil area will be submitted to DUMLIZ tinder as separate submittal. Maintenance excavation of the basin at the head of the canal will be conducted, where feasible from the basin shoreline on Ben Simmons property using a long reach excavator. Spoil will be placed on uplands a rnimmurn 30' from the NWL of the basin. There are two areas of shoaling that will be priority due to the shallow depths and are shown on sheets, 8-10. The M13CMG proposes to address these areas first. The entrance channel shown oil sheet 10 isl,080' long with depths ranging Erom -4' to -9' averaging -7.4' below NWL The entrance channel will be maintained at 70' wide with a final proJect depth of -10' below NWL resulting in 7,280 cubic yards of spoil. The next area ol'shoaling; is approximately I mile further tip the canal. Depths in this section average front -7,35' to -7.88' and shallow as much as -5.0' below NWL for a distance 2,640'. The width of the channel in the canal will be maintained at 70' wide. Maintenance excavation to a max final depth of-10' will result it) 16,324 cubic yards of spoil. Upstream of these locations shoaled areas of the canal will be excavated to maintain as minimum -8 never to exceed the adjacent jacent connecting water depth, "this will allow flexibility in removing lumps in the canal bottom that are shallower than the tug draft at -7.0'. A minimum depth of-8.0' will be maintained in the 150' basin at the project terminus. As equipment and personnel are available from the local large farm operations the remaining excavation work will be completed to -10' below the NW1, in all authorized areas of canal and basin as shown on the attached pro.ject maps to a final project depth of - 10 below the NWL '. Fhe entrance channel is expected to shoal in overtime but the frequency of maintenance excavation events is unknown and likely dependent on the number of large storm events that affect the project at-ca. It is likely that within 5 years maintenance excavation of the entrance channel will be required. Further tip the canal and into the basin it is anticipated that the pro.ject depths will maintain themselves for an extended period of time once the maintenance excavation is completed Mr. Shane Staples September 2, 2021 Page 3 in areas, These areas ShOLJId maintain the pro , ject depth Im an extended period lasting several years and maybe as many as 10 years. With this application the MBCMG is requesting as 10-year maintenance permit with the appropriate permit conditions for agency coordination and notification prior to any maintenance event. Per the latest guidance from the Division of" Water Resources I have submitted the electronic meeting request on 30 May 2021 in regards to obtaining the 401 Water Quality Certification and have included the email documentation in this application package. I certify that all information contained in this application package is true, accurate and complete to the best ofany knowledge and belief'. I hereby request that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period oNime. Friclosed are the M13-land MII-2 forms, agent authorization Corms from cacti landowner/member ol'the Mattamuskeet Barge Canal Maintenance GrOLIP, Site location map and maps ol'the affected areas. Also included is a check Ior $400 covering the application fee. Thank you for your time initiating the permit process. If'you have any questions or require further information please call (252) 402-40 15 or email A v tro Iail,coni. Sincer-ly. Steve .1. Trowell HUTT151 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) Mattamuskeet Barge Canal Maintenance Group (Mbcmg) Mattaimuskeet Barge Canal Maintenance Excavation Applicant 1: First Name MI Last Name MBCMG Applicant 2: First Name MI Last Name N/A If additional applicants, please attach an additional page(s) with oalPes listed. Mailing Address P9 State Fairfield [N C ZIP . . ... ... - Country Phone No. FAX No. 27826 us 25,2 - 944 - 3070 ext. Street Address (if different frorn above) I city � State I zip Email 2, Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Ben C Simmons III Agent/ Contractor 2. First Name MI Last Name Steve J Trowell Mailing Address Piz Box City State 39 Fairfield NC ZIP Phone No. 1 Phone No. 2 27826 252 - 944 - 3070 ext. 252 - 402 - 4015 ext. FAX No. Contractor # 2 Street Address (if different fron? above) City Stake 102 East Watson Street Windsor N 2_t983 Email ---- --- --- twst)csiii@aol.coni, stevejt(oweII@gniaiI.corn <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit .___..— --- _.._m____. __..__ _.._...._.. _......._ _.___.._ 3. Project Location County (can be muitiple) Street Address State Rd. # Hyde (off North Lake Road on 41" Avenue SR 1311 Subdivision Name City State Zip NIA Engelhard NC 7814 - Phone No. Lot No.(s) (if Inarry, attach additional page with list) NIA - - ext. 1, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Barge Canal off the Alligator River C. Is the water body identified in (b) above, natural or manmade? d. Name the cPosest major water body to the proposed project site. E]Natural MMManmade ElUnknown Alligator River e. is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes [DNo work falls within. NIA 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +5 miles' 50.5 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (nonrial high water) or 36.6 acres, 3.98 acres, 5.0 acres, 4.63 acres NWL (normal water level) (if many lot sizes, please attach additional page with a list) >45 ❑NNW or NNWL e. 'Vegetation on tract Area is highly impacted from previous development activities mainly spoil deposition and the development of agricultural facilities for the storage and barge shipping of ag related products. Cleared areas are vegetatated with opportunistic upland grasses. f. Man-made features and uses now on tract Vacant open grassed areas used for spoil depsoition, metal sheet pile bulkhead, dolphin cluster and mooring piles for tug and barges, grain bins hunting cabins.. g. Identify and describe the existing land uses adjacent to the proposed project site. The majority of land adjacent the Barge Canal is a national wildlife refuge managed by the USFWS. The developed terminus of the canal is used for ag related purposes with the exception of the hunting cabins. The BargebCanal is strategically located adjacent to expansive, highly productive farmland, some the most productive in the southeastern US. h. How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) C]Yes ONo MNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? F]Yes [DNo k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. .]Yes FINo C_]NA If yes, by whom? I. is the proposed project located in a Naronat Registered Historic District or does it involve a E]Yes [9No ❑NA National Register listed or eligible property? <Forna continues on next page> Form DC M MP-1 (Page 3 of 4) APPLICATION for Major Development Permit rn. (i) Are there wetlands on the site? ElYes NNo (ii) Are there coastal wetlands on the site? []Yes HNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? F]Yes UANo (Attach documentation, if available) n. Describe existing wastewater treatment facilities, Septic systems o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a WiIl the project be for commercial, public, or private use? MCommercial []Public/Government OPrivate/Community b, Give a brief description of purpose, use, and daily operations of the project when complete. Purpose of the project is to undertake maintenance excavation to re-estabIsih previously existing permitted channel depths to allow/support the continued navigation of the barge canal by fully loaded bare traffic pushed by the appropriate sized tug boat. The transport of ag related products is more economical by barge than other traditional methods and will assist large farming operations in the area to remain competitive in other markets, c. Describe the proposed construction methodology, types of construction equiprnent to be used during construction, the number of each type of equipment and where it is to be stored. Excavation to be undertaken frorn a barge by either a crane with clam shell bucket or long reach excavator, Dump trucks, front end loader and buldozer to move and manipulate spoil area while material dries. Once dry material may be spread on adjacent cropland. Once finished the spoil area will be graded flat within the disturbed limits and seed and mulched at the pescribed rates with appropriate seasonal grass mixture. d List all development activities you propose. Undertake maintenance excavation of a man made canal. -' ---- e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of exis—ti—ng project. f. What is the approximate total disturbed land area resulting from the proposed project? 4.3 acres FISciTt or [lAcres g. Will the proposed project encroach on any public easement, public accessway or other area F]Yes F1No HNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff i. Will wastewater or stormwater be discharged into a wetland? [:)Yes NNo [INA If yes, will this discharged water be of the same salinity as the receiving water? E]Yes []No EINA I. Is there any mitigation proposed? DYes HNo EINA if yes, attach a mitigation proposal. <Forrn continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application fonn, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (1) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. . . ........... .... a, A project narrative. . ..... .... _67"An' accuratedated --dated—work --'plat --(including _p_1_a_n —view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed, c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR, f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name United States Fish and Wildlife Srevice C/O Mr. Scott Lanier, Refuge Manager Phone No. (252) 473-1131 Address 100 Conservation Way, Manteo, NC 27954 Name Mattamuskeet Ventures LLC C/O Hunter Parks, President Phone No, 919 332-3788 Address 7655 Market Street, Suite 8, Wilmington, NC 28411 Name Phone No. Address g, A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates, Major CAMA Dredge and Fill permit no.99-81 issued August 6, Major LAMA Dredge and Fill permit no.198-07 issued 1981 December 18, 2007 — ------ ---- h, Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) A statement of compliance with the N.C. Environmental Policy Act .G.S. 11 3A 1-10), if necessary. If the project involves expenditure of public funds or use of public iands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. F X­6 �t i Ak a _tionand PO'e-im-i i s s i o n to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _______September 2, 2021 ,W_Steve T rowel I Signature Please indicate application attachments pertaining to your proposed project. r>'IDCM MP-2 Excavation and Fill Information EIDCM MP-5 Bridges and Culverts HDCM MP-3 Upland Development EIDCM MP-4 Structures Information Form DCM MP-2 (Except for bridges and culverts) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet, ---------- ccess Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization) Length 1,080' -_ 7,170' 1445' Width 701 70' 150' Avg, Existing Depth -7.4' -8. 1' -7.6' NA NA Final Project Depth -10, 1-10" 1- -110, NA NA �E CA A T'ON 0 �Th!8 section not �appfi�oable = = � excavated from below INHWr N�W, � Type a X . V A' 11 of Material . I', ""V L b, p or �,,Wrll to be excavated. cubic yards. 7,280 cuyds, 35,603 cu. ycls, 5,785 cu. yds. Organic Muck and Sand c. (i) Does the area to be excavated include coastal wetlandsfmarsh (M), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected, E]CW - EISAV []SB EIWL _ VNone (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards, N/A -------------------------- Z. U1,NFUSA L UP EXCA VA TED MA TERIA L 0 This section not applicable a. Location of disposal area. b. Dimensions of I area. Upland Areas Adjacent Basin +4.,0 Acres c. (i) Do you claim title to disposal area? d. (i) Wl a disposal area be available for future maintenance? &2�es E]No []NA WYes [:]No EINA (ii) If no, attach a letter granting permission from the owner, (R) If yes, where? Same Locations e. (i) Does the disposal area include any coastal wetlandstmarsh f. (i) Does the d' 'posalinclude any area in the water? (M), submerged aquatic vegetation (SAV), shell bottom (SIB), []Yes EWN( EINA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected, (ii) If yes, how much water area is affected? 11CW EISAV [:ISB OWL VNone . .... . . .... ...... (ii) Describe the purpose of disposal in these areas: 252-808-2.808 :. 1-888-4RCOAST :.: www.necoastairnana ement.net - -------- � --------- - revised: 12/26/W4 Forrn DCM MP-2 (Excavatiari amd Fill, Page 2 of 2) 3, SHORELINE STABILIZATION (it development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization, DBulkhead EIRIprap [113reakwater/Silt 00then— c. Average distance waterward of NHW or NWL: I a. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (I) will fill to the e site? ❑Ye s If yes, (I!) Amount of material to be placed in the water (III) Dimensions of fill area (IV) Purpose of fill q 0 rol 4 ATFR—; Tu " section not applicable b. Length: Width: d. Maximum distance watorward of NHW or NW'L: I. (I) Has there been shoreline erosion during preceding 12 months? DYes E]No [INA (II) If yes, state amount of erosion and source of erosion amount information. K Type of fill material. section not applicable b. (I) Will fill material be placed In coastal wotiands/marsh (CW), submerged aquatic vegetation ($AV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. EICW [ISAV _ EISB DWL []None (if) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e,g., dragline, controlled", backhoe, or hydraulic dredge)? rS 11 rn grade r 1 material once dill be sloped d and seeded per T rue. Long Reach Eacavator, Qump Trucks.Byidozer apt . ed 67 Tractor with Disk Plow. c. (1) Will navi fonal aids be required as a result of the project? []Y AINo E3NA (fi) If yes, explain what type and how they will be implemented. d. (J) Will wetlands be crosse In transporting equipment to project site? []Yes []No g�NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. September 2, 2021 Mattamuskeet Barge Canal Maintenance Group (MBCMG) Data Applicant a Mattamuskeet Barge Canal Maintenance Project Name Applicant Signature vvw�Aacco—itsIh41t111a-s a —on ont,net visc& 212f' J06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP- 1 . Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all Supplemental information, = M a. Type and number of buildings, facilities, units or structures proposed. N/A c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins, (I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? E]Yes ONo [INA (ii) If yes, list the date submitted: b. Number of lots or parcels, 5 exist-i.ng parcels d. Size of area to be graded, filled, or disturbed including roads, ditches, etc, 4.1 acre Spoil Area f, List the materials (such as rnarl, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A 9. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a LAMA Major Development Pern-0 may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification, pavement, building, rooftops, or to be used for vehicular driveways (I) Has a site development plan been submitted to the Division of or parking. Water Quality for review? N/A E]Yes No ®NA Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: and/or built -upon Surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local N/A approval? . . ..... 0Yes []No k4NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e,g., Surface runoff, sanitary wastewater, industrial/ design? cornmercial effluent, "wash down" and residential discharges), [-_]Yes F4No LINA Surface runoff ff yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? E]Yes E]No ®NA community, public systern, etc.) (ii) If yes, how many acres? N/A o. When was the lot(s) platted and recorded? N/A September 2, 2021 Date p. If proposed development is a subdivision, will additional utilities be installed for this upland development? []Yes ONo IONA Mattamuskeet Barge Canal Maintenance Excavation Project Name Mattamuskeet Bar Canal Maintenance Group Applican 0) Applicant Signature September 2, 2021 Certified Mail — Return Receipt Requested Mattarnuskeet Ventures LLC C/O Mr. Hunter Parks, President 7655 Market Street, Suite B, Wilmington,, North Carolina 278411 Dear Mr. Parks: Enclosed is a Major CAMA/Dredge and Fill permit application to be submitted on behalf of the Mattamuskeet Barge Canal Maintenance Group (MBCMG) for maintenance excavation of the Barge Canal off the Alligator River located + 3.6 miles south of the AIWW cut in Hyde County (N 36.6475, W -76.0383) and ±10 miles NW of Engelhard. The Barge Canal and the ag related infrastructure adjacent the terminus of the canal can be accessed by motor vehicles by taking 4t" Avenue, an unimproved dirt road off SR 1311, North Lake Road. The maintenance excavation will utilize a barge and along reach excavator or crane and clam shell bucket. Spoil material from the maintenance excavation activities will be offloaded and stockpiled on property owned by Mr. Ben Simmons III located at the terminus of the canal. I am submitting this application package to you as agent and on behalf of Mr. Simmons. The specifies of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment oil the project as pall of a prescribed environmental permit process administered by the NC Division of Coastal Management (NCDCM). Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, DCM District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 402-4015. S, Steve J. Trowel Enclosures • Complete items 1, 2, and 3. • Print your name and address on the reverse So that we can return the card to you. • Attach this card to the back of the mallpiece or on the front If SDaCO Barrnih.4. /U 11111 IN III 9590 9402 6489 0346 6569 71 7020 3160 0001 5279 364_ Ps Form 3811, July 2020 PSN 7530-02-000-9053 If YES, enter delivery address below: - ..I VA,%y dtVMI3-0Adun81gt07 E32gisOed M1140 13 Adult signature Restricted Delivery 0 Certified MallO 002 Registered Mail Restricted Do 11 Certified Mail Restricted Delivery 1, Ivory 13 Signature Confirmation- 0 Collect on Delivery n Cdled on Delivery Restricted Delivery 0 Signature Confirmation Restricted Delivery Mail 1 Mail Restricted Delivery jym vvvvy Domestic Return Receipt United States Postal Service asps �GKiNG # 280 3L 951; 1402 6489 0346 6569 71 your namddress, and ZlP+4- in t s First -Glass Mail Postage & Fees Paid LISPS Permit No, G-10 i:Z4-- 1 ;`4202 July 19, 2021 Certified Mail — Return Receipt Requested Mr. Scott Lanier US Fish and Wildlife Service, Refuge Manager Alligator River National Wildlife National Wildlife Refuge Post Office Box 1969 Manteo, North Carolina 27954 Dear Mr. Lanier: Enclosed is a Major CAMA/Dredge and Fill permit application to be submitted on behalf of the Mattamuskeet Barge Canal Maintenance Group (MBCMG) for maintenance excavation of the Barge Canal off the Alligator River located ± 3.6 miles south of the AIWW cut in flyde County (N 36.6475, W -76-0383) and +10 miles NW of Engelhard. The Barge Canal and the ag related infrastructure adjacent the terminus of the canal can be accessed by motor vehicles by taking 4"' Avenue, an unimproved dirt road off SR 1311, North Lake Road. The maintenance excavation will utilize a barge and a long reach excavator or crane and clam shell bucket. Spoil material from the maintenance excavation activities will be offloaded and stockpiled oil property owned by Mr. Ben Simmons Ill located at the terminus of the canal. I am submitting this application package to you as agent and on behalf of Mr. Simmons. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project as part of a prescribed environmental permit process administered by the NC Division of Coastal Management. (NCDCM). Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, DCM District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a filial decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 402-4015. 'IV" Sincerel S't ve Trowel Em 0900 L6H TDOO OPST qTU > u CL Ilo )< b-1 7P Ir, 3 5 CS oD • Complete items 1, 2, and 3. • Print your riarne and address On the reverse SO that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space narmaq. �WN 'a service typa 13 Adult Signature D Priority Mail ExpressS D Registered MaJITM RP I I ��11 IN 1111 D Adult Signature Restdoted Delivery C3 cert� ,fled ivag 13 Re Registered Mail Restricted Delivery 9590 9402 6849 1060 6056 44 0 CalliflOd M931 Restricted Delivery 0 Signature Confirtnation7m 2. Article Number �(rranfer from $,,iso label) 0 Collect on Delivery 11 signature ConfirmaUcn 0 Collect on Delivery Restricted Delivery Restricted Delivery 7015 1520 0001 5397 0080 11 Insured Mail 1 Insured Mail Restricted Delivery fS dorm - _(Over$500) Domestic Return Receipt USMTRACKING First -Glass Mail 280 Postage & Fees Paid LISPS Permit No. G-10 9590 9402 6459 0346 6569 71 United States FSend?r�:—Ptoas­e Year nam ddress,andd IP+q� inPostal Service I3._ i 74202 111111,111111111`111"11011111oil 111sor1i1111111111111111111'111" 11111 Complete items 1, 2. and 3. N Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mallplece, or on the front If space permits. I. Article Addressed ta: f EA r ,ty"e) "ouell, i pennrej_� Da 0 of Delivery a 11 olylvary D. Is delivery addims dfferent from item 17 [3 yes If YES, enter delivery address below. [3 No 3, Service Type . 0 - Priority Mal Exprma 11 Adult Sloftature 13 Registered IMITM 11 Aduft Signature Restricted Dell"ry 13 elvstrered M"' ReaWded 11 Cerillied Ma]19 DR 0 ey 9590 9402 6489 0346 6569 71 00 Cedifled Mail Rftftted Daiivery 0 ftnature Coniftation- collect on Wivery 11 ftrature OonnrmUori n Colled on Delivery Restrict9d oelivery Reshicted MINM 7020 316a)l 00 527m 9 3640 i Mail ResMed DOINM PS Form 3811, July 2020 PSN 7630-02-000-9053 Domestic Retum Receipt September 24, 2021 Certified Mail — Return Receipt Requested Mattamuskeet Ventures LLC C/O Mr, Hunter Parks, President 7655 Market Street, Suite B Wilmington, North Carolina 278411 Dear Mr, Parks: Enclosed is a revised Major CAMA/Dredge and Fill permit application to be submitted on behalf of the Mattamuskeet Barge Canal Maintenance Group (MBCMG) for maintenance excavation of the Barge Canal offthe Alligator River. This application package contains a corrected project narrative cover letter different from the letter contained in the application package delivered to you on September 9, 2021. The aforementioned application submittal to you contained a version of the narrative cover letter that incorrectly stated that Mattamuskeet Ventures LLC (MV) was a member to the group supporting the proposed maintenance excavation of the canal. Since learning of MV concerns with the project we have decided to remove any excavation work shown in the package within MV riparian area stopping the work at the joint property line between MV and East Carolina Fanning Corporation, Nothing else in the project scope and application has changed from the package you received on September 9,202 1. The proposed maintenance excavation will utilize a barge and a long reach excavator or crane and clam shell bucket. Spoil material from the maintenance excavation activities will be offloade,d and stockpiled on property owned by Mr. Ben Simmons III located at the terminus of the canal. I am submitting this application package to you as agent and on behalf of Mr, Simmons, The specifies of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project as part of a prescribed environmental permit process administered by the NC Division of Coastal Management (NCDCM). Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, DCM District Manager, Washington Regional Office, 943 Washington Square Mail, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (2 52) 402-401 S. Sincere"11,01! A Enclosures Contact Name * Contact Emall Address Project Owner* Project Name * Project County* Owner Address:* Is this a transportation project? * , �'VG I (.' r I , I- romil K'fltamuskocA Baige Canal Mainterance Group Rll'ge ('""amol maintellance, Exc""'lVation 1-lyde Post Office, Box 128 Addru,s'�I ho) Oty tMN " /jl �jd� 27P)26 c Yes (-- No Type (s) of approval sought from the DlWR: r,�� 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express F Individual Permit r— Modification I" Shoreline Stabili7ation Does this project have an existing Project ID#? ( Yes(-" No 111 (ydii i((� ! Rh,,lion N C' Do you know the name of the staff inernbe r you would like to request a meeting with? Please give a br,ief project description below and include location information. 'A The, purpose of this projocl is to I omnroj and modify Major CAM/VI,.)iedgo and F_jJl p(ginit no 198 07 that ki 2015. Hw'� pern-jRwas cjigir,flly issued par undo,uIxike wiiintemance, excivJkrm �It Uie ontt'nn(x"i to the Bavge Ccmal act its confluence Mh the Alligator Rive,r, 1 his perwit mis pmcossed o6ginally tNrouqh (hr., express ponnil prograin. Organic, Su('fiw;nts hmJ Shw'&"d Hie ("fill,wice" TNs w)k w,,Is under Uikuw ii 1 2008. Anall )(-"r s'l poal of OP (Im ik; k-d I IrIs shoalfA III(," (�,nmzfl. The Mattamuskeet B,'augpr Canal Gt�oup is scrotBsura autho6zatiori to undoiloke ow-avafior, to de,,.v the sho"'116g By digitally signing below, I cortify that I have read and LflrJ(Jcrstood that per the Federal Clean Water Act Section 401 C (? 01 i fi c ration R t i I e that to I I c.) w i i g s t: a t e rn e nts Tlks' form col-110("tes thr; requiretnomtof Pre-Fiflng Mewtiny 11oquest fln flic,, Cfean Water Act Section 101 Ceitific.,'Itiofl Rule. Project Site Location Map Barge Canal Maintenance Excavation '--lyde County Quad Name: Fairfield NE and Engelhard West 3.5 7 14 Miles 0 800 1,600 3,200 Feet Dates 6/5/2021 1 1 I I I I I I Project Overview Map Author: Robert C. Castello III 0 100 200 400 Feet Date: 6/5/2021 1 u 1 1 1 1 1 1 1 Spoil Area Map ALIthor Robert C. Castello III 30NOTP71 Lattitude Longitude Depth 'Ft 1 35.60992 -76.03416 -7.5 2 35.61036 -76.03418 -8,5 3 35,61043 -76.03412 -8,0 4 35.61076 -76.03419 -8.0 5 35.61084 -76.03402 -7.5 6 35.61094 -76.03428 -8.5 7 35.61118 -76.03426 -9.5 8 35.6116 -76.03432 -8,5 9 35,612 -76.03439 -7.0 10 35,61244 -76.03446 -7.5 11 35.61327 -76.03459 -7.0 12 35.61399-76.03469 -7.5 13 35.61411 -76.03471 -7.0 14 35.61495 -76.03484 -9.5 15 35.61587 -76,03502 -8.5 16 35.61761 -76.03518 -9.5 17 35.61795 -76.03526 -9.5 18 35.62049 -76.0356 -9.0 19 35.62118 -76.03555 -&0 20 35.62191 -76.03579 -8.0 21 35.62395 -76,03601 -8.5 22 35.62472 -76.03606 -&0 23 35,62615 -76.03626 -7.5 24 35.62766 -76.03638 -8.0 25 35.6283 -76.03645 -8.0 26 35.62941 -76.03664 -&0 27 35.62954 -76.03665 -8.0 28 35.62998 -76.0367 -7.5 29 35.63004 -76,03673 -6.5 30 35.63008-76.03664 -5.0 31 35.6302 -76.03673 -8.5 32 35.63072 -76,03677 -6.5 33 35.63142 -76.03681 -8.0 34 35,6319 -76.03687 -7.5 35 35.6319 -76.03687 40 36 35.63224 -76.0369 -10L0 37 35.6328 -76.03702 -11.5 38 35.63413 -76.03715 -12,0 39 35.63609 -76.03736 -11.5 40 35.63765 -76.03754 -12.5 41 35.63884 -76.03772 -13.5 42 35.64475 -76.03838 -9.0 43 35.645 -76.03843 -8.0 44 35.64549 -76.03849 -7.0 45 35.6459 -76.03815 -4.0 46 35.64617 -76.03877 -4.5 47 35.64631 -76.0383 -6.0 48 35.64675 -76.0384 -8,0 49 35.64735 -76.03838666 -9.5 50 35.64746 -76,03808 -9.0 51 35.64761 -76.03864 40 52 35.648158 -76.03827189 -10.0 Mattamuskeet Barge Canal Maintenance Group 0 900 1,800 3,600 Feet Page 3 of 10 Date: 6/5/2021 Depth Map Author: Robert C. Castello III 0 70 140 280 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Cross Section #I ALItlIM: Robert C. Castello IH 0 112.5 225 450 Feet I Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Cross Section #2 Author: Robert C. Castello III Mattamuskeet Barge Canal Maintenance Group Page 6 of 10 80 160 320 Feet Date: 6/5/2021 o L I I I I I I Cross Section #3 ALIthor: Robert C. Castello III 0 80 160 320 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Cross Section #4 ALItlIOr: Robert C. Castello III 0 80 160 320 Feet Date: 6/5/2021 1 1 1, 1 1 1 1 9 1 Cross Section #5 ALIthor: Robert C. Castello III 0 80 160 320 Feet Date: 6/5/2021 1 1 1 1 1 L... I I I Cross Section #6 ALIthor: Robert C. Castello III Mattaniuskeet Barge Canal Maintenance Group Page 10 of 10 0 80 160 320 Feet Date: 6/5/2021 1 . I I I I 1 11 1 1 Cross Section #7 ALithor: Robeil C. Castello IH ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 26, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg,bodnar@ncdenr.gov CAMA Major Permit Application Review Mattamuskeet Barge Canal Maintenance Group Barge Canal Leading off the Alligator River adjacent to 41h Avenue Maintenance dredging within Bare Canal and the entrance channel into the Alligator River to restore depth to -10 at NWL- Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 16, 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. North Carolina Department of Environmental Quality I Division of Coastal Management 4NORT�ki C�AROLINAI Washington Office 1 943 Washington Square Mail I Washington, North Carolina 27889 Depart —0 of Giw--w —N,.e 252.946,6481 Mattamuskeet Barge Canal Maintenance Group (MBCMCF Maintenance Dredging Hyde County Project Setting The project site is located off SRI 311, North Lake Road, +10 miles NW of Engelhard and is a manmade canal that connects to the Alligator River +3.6 miles south of the AIWW cut in Hyde County, North Carolina. The existing canal varies from +80' to +150' wide, and is +4 miles long, and has an original excavated depth of - 12' below normal water level (NWL). A marked navigation channel exits from the mouth of the canal out to the AIWW channel in the Alligator River. The entrance channel, canal, and basin have shoaled since the last maintenance event. Depth in the entrance channel average -7.4' below NLW with some areas shallow as -4.0' The original excavation of the canal predates the LAMA and State Dredge and Law, but the project location has had two previous maintenance events authorized under CAMA Major Permits. LAMA Major Permit No. 99-81 was issued to SEG Anstalt on August Wh 1981 for additional excavation and construction within the canal system, this permit expired. CAMA Major Permit No 198-07 was issued to the MBCMG on December 18, 2007 for maintenance excavation within the canal and entrance channel into the Alligator River, this permit has expired. These permits authorized a finished depth of -I V and -12' below NWL respectively. The membership of the MBCMG has changed since the previous issuance but the purpose and need remain providing adequate navigation for traffic carrying ag related products. The Alligator Rover, the connecting waterbody to this manmade canal, is an estuarine waterbody as designated by the Division of Marine Fisheries and is classified as SC, Sw, ORW by the Environmental Resources Commission. Project Description The MBCMG is seeking authorization to undertake maintenance excavation in the shoaled areas of the canal using bucket and barge. The entrance channel measures 70' wide x 1,080' long, the canal measures 70' wide x 7,170' long, and the boat basin measures 150' wide x 445' long. All sections will have a final project depth of -10' below NWL. In total 48,668ft cubic feet of material would be removed consisting mainly of organic muck and sand. Spoil will be offloaded near the head of the canal along a section of bulkheaded shoreline and be loaded into dump trucks. The approximately 4-acre spoil area will contain all materials until dry at which time it will be seeded over or placed on adjacent farm land. Anticipated Impacts The project will impact 644,250ft2 of previously impacted canal and Alligator River bottom and approximately 4-acres of uplands that is a designated spoil area. Future maintenance event in the entrance canal may be required within 5 years if shoaling continues at current rates and maintenance events within the canal and basin are expected to occur less frequently. Localized noise and turbidity are expected during excavation Shane Staples — October 25, 2021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Mattamuskeet Barge Canal Maintenance Group LOCATION OF PROJECT SITE: Barge Canal leading off the Alligator Rive], adjacent to 41" Avenue, all unimproved dirt road, offof SR 1311, North Lake Road. Lat: 351 36' 48.6" N Long. 76' 02' 04.8" W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — February 2, 2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete - September 30, 2021 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan: Hyde County Land Classification from LUP: Office and Institutional (B) AEC(s) Involved: EW, ES (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned -- N/A (F) Type of Structures: Existing — Grain silo, farm buildings, loading area, road, single home Planned — N/A (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDUE0 FILLED OTHER (A) Upland (Spoil area) +4 - acres (B) Barge Canal/Alligator River Bottom 644,250ft2 48,668 cubic yards (c) Wetlands (D) Total Area Disturbed: 644,250W (E) Primary Nursery Area: No (F) Water Classification: SC, Sw, ORW Open: No 8. PROJECTSUMMARY: The applicant is proposing to perform maintenance dredging within Barge Canal and the entrance channel into the Alligator River to restore depth to - I Oft at NWL. The maintenance areas were previously permitted up CAMA Major Permits No.99-81 and No. 198-07. Mattarriuskeet Barge Canal Maintenance Group (MBCMG) Nat -tie of Property Owner Requesting Permit: Mailing Address-, P-0, Box 39 Fairfield, NC 27826 Plione NUrriber: (252) 944-3070 Ernail Address: st vejtrcawell. I certify that I have authorized Steve Trowell Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed develop IT) ent maintenance excavarwation of the Barge Canal to maintain adequate depth for barge traffic at my property located @t 4th Avenue off SR 1311 North Lake Road adjacent the Ba in Hyde County County, furthermore certify that / am authorised to grant, and do in fact grant permission to Division of Coastal ManageMent Staff, the Local Permit Officer and their agents to enter on the aforementioned lands ita connection with evaluating information related to this permit applicatidn, Property Owner Inform411.9m Sig ature, Tonya and Ben C, Simmons 111, Member MBCMG Ptint or T'ype Name EM Date Jhis certification is valid through AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION MattanlUskeet Barge Canal Maintenance Group (MBCMG) Name of Property Owner Requesting Permit: Mailing Address: P.O. Box 39 Fairfield, NC 27826 Phone Number: (252) 944-3070 Email Address: twsbcsiii@aol,com, stevejtrowell@gmaii,com I certify that I have authorized -Ben C. Simmons III, Member MBCMG and Steve Trowetl Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: maintenance excavation of the Barge Canal to maintain adequate depth for barge traffic at my property located at 4th Avenue off SIR 1311 North Lake Road adjacent the Barge Canal in Hyde County County. / furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application, Property Owner Information: Signature Hydeout Ventures, LLC Member MBCMG Print or Type Name Title 06/6'a I b 2 / This certification is valid through _/ September 2, 2021 Mr. Shane Staples Field Representative NC Division off Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Staples: Enclosed is a Major C.AMA/Dredge and Fill permit application submitted on behalf of the Mattamuskeet Barge Canal Maintenance Group (MBCMG) for maintenance excavation of the Barge Canal off the Alligator River located ± 3.6 miles south of the AIWW cut in Hyde County (N 36.6475, W -76.0383) and ±10 miles NW of Engelhard, The Barge Canal and the ag related infrastructure a(tiacent the terminus of the canal can be accessed by motor vehicles by taking 4"' Avenue, an unimproved dirt road olTSR 1311, North Lake Road. The MBCMG originally formed in 2007 and consisted of the landowners at the head of the canal/basin, This group of landowners made application for maintenance of the entrance channel through the D17Q Express Permit Program and received MaJor CAMA/Dredge and Fill permit no. 198-07 on December 18, 2007. Since 2007 Mr. Ben Simmons has acquired the former Coastal Producers property and is the principle owner of fast Carolina Farming Corporation, Hydeout Ventures LLC has joined forces with Mr. Simmons as part of the MBCMG. At this time MattarnUskeet Ventures LLC is not participating in this maintenance excavation permit. Maintenance excavation of the basin at the head of the canal/basin will stop at the joint, northern property line between Mattamuskeet Ventures and East Carolina Farming Corporation. The purpose of this previous maintenance excavation request was to restore adequate water depths to support barge traffic transporting ag related products in support of large local fari-ning operations. This purpose and need remains unchanged. The Division of Water Resources 401 Water Quality Certification Program issued a General Water Quality Certification no. 3,624 and assigned this application project no. 07-1958 and the Corps utilized a,rier ii Programmatic General Permit and assigned the project Action Id. No. SAW-2007-04016, The work authorized by this permit was conducted in the winter of 2008. Since 2008 shoaling has Occurred again within the pl-CVIOLISIY authorized area of' maintenance excavation at the canal confluence with the Alligator River as well as a new area located in the last 1.5 miles of the canal. Channel depths at the canal entrance have shoaled as much as - 4.0' to averaging 7.4'below the normal water level (NWL). Further Lip the canal depths have shallowed as much as -5.0' averaging -7.3 to -8.0' below the normal water level (NWL). Major CAMA Dredge and l"'Ill, permit no. 198-07 condition the project depth to minus I I' below the NWL and the authorized excavation area was 70' wide x 700' long. The current shoaling at the entrance is located within the previously authorized entrance channel. 'File MBCMG is now seeking authorization to, undertake maintenance excavation in the shoaled areas of the canal. The maintenance excavation will be cornPlCtCd using a long reach excavator operating from a barge pushed/maneuvered by a tug boat. The barge has a containment system for the spoil material and is the same barge and tug that was utilized for this work in 2008. J'he Mr. Shane Staples September 2, 2021 Page Two barge and tug boat were purchased by a MBCMG member from the contractor who completed the work in 2008. A floating turbidity curtain will be deployed across the canal during excavation activities to limit dispersion of turbidity outside the affected excavated areas. Spoil material will be offloaded at an area of shoreline currently used to nioor the tug and barge. The canal bank in this location is stabilized with a metal sheet pile bulkhead. 'this area was used as an offloading area in 2008. Spoil will be placed in dump trucks where it will be trucked into a designated > 3- acre upland spoil area immediately adjacent the canal and unloading area. The upland spoil area has an elevated gravel road that encircles the spoil are on three sides. A silt fence will delineate the limits of the spoil area adjacent the basin and maintain a 30' grassed buffer between the disturbed area and basin, The spoil is characterized as highly organic woody detrital material and by VOIUMC is mostly water. Based on the previous maintenance excavation work the spoil material remains in place and is not erosive by either wind nor rain. The spoil material will be allowed to dry. Once the material has dried it will either be sloped, graded and seeded down or loaded onto to dump trucks and trucked to nearby active cropland where it will be spread and worked into the field. An erosion control plan for the spoil area will be submitted to DEMLR tinder a separate submittal. Maintenance excavation of the basin at the head of the canal will be conducted, where feasible from the basin shoreline on Ben Simmons property using a long reach excavator. Spoil will be placed on uplands a minimum 30' fironi the NWL ofthe basin. There are two areas of slioaliDg that will be priority due to the shallow depths and are shown on sheets 8-10. The MBCMG proposes to address these areas first. The entrance channel shown on sheet 10 isl,080' long with depths ranging From -4` to -9' averaging -7.4' below NWL The entrance channel will be maintained at 70' wide with a final project depth of -10' below NWL resulting in 7,280 cubic yards of spoil. The next area of shoaling is approximately I mile further up the canal, Depths in this section average from -7.35' to -7.88' and shallow as much as -5.0' below NWL for a distance 2,640'. The width of the channel in the canal will be maintained at 70' wide, Maintenance excavation to a max final depth of -10' will result in 16,324 cubic yards of spoil. Upstream of these locations shoaled areas of the canal will be excavated to maintain a minimum -8 never to exceed the adjacent connecting water depth. This will allow flexibility in removing lumps in the canal bottom that are shallower than the tug draft at -7.0'. A minimum depth of-8.0' will be maintained in the 150' basin at the project terminus. As equipment and personnel are available from the local large farm operations the remaining excavation work will be completed to -10' below the NWL, in all authorized areas of the canal and basin as shown on the attached project maps to a final project depth of -10 below the NWL 'fhe entrance channel is expected to shoal in overtime but the frequency of maintenance excavation events is unknown and likely dependent on the number of large storm events that affect the proJect area. It is likely that within 5 years maintenance excavation ol'the entrance channel will be required. Further tip the canal and into the basin it is anticipated that the project depths will maintain themselves for an extended period of time once the maintenance excavation is completed Mr. Shane Staples September 2, 2021 Page 3 in areas. These areas should maintain the project depth I'm- an extended period lasting several years and maybe as many as 10 years. With this application the MBCMG is requesting a 10-year maintenance permit with the appropriate permit conditions for agency coordination and notification prior to any maintenance event. Per the latest guidance from the Division of Water Resources I have submitted the electronic meeting request on 30 May 2021 in regards to obtaining the 401 Water (;duality Certi fieation and have included the email documentation in this application package. I certify that all information contained in this application package is true, accurate and complete to the best of my knowledge and belief. I hereby request that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Inclosed are the M P- I and MI-1-2 forms, agent authorization forms from each landowner/member ofthe Mattamuskeet Barge Canal Maintenance Group, site location map and maps of the affected areas. Also included is a check for $400 covering the application fee. Thank you for your time initiating the permit process. If you have any questions or require further information please call (252) 402-4015 or eiriall stevcjtrowell 'gtjjaiL.c(jjLi Sheer-ly, Steve J. Trowell DC P-1 APPLICHION for malmor Development Permit (last revised 1127/06) North Carolina DIVISION OF COASTAL MANAGEMENT T. Primary Apapl canil Landowner Information .. _........ _ ___....._.._ _......._.._ __ ..__.... Business Name Project Name (if applicable) Mattamuskeet Barge Canal Maintenance Group (Mbcrng) Mattamuskeet Barge Canal Maintenance Excavation Applicant 1: First Name Ml Last Name MBCMG Applicant 2. First Narne Ml Last Name N/A ..... ........ ..... ,_. If additional applicants, please attach an additional page(s) with name's listed. [Wailing Address PO Box City -- State 39 Fairfield NC ZIP Country iPhone No FAX No. 27826 us 252 - 944 - 3070 ext. Street Address (if different from above) City State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location _._ � .. . ......... . County (can be multiple) Street Address state Rd. Hyde Off North Lake Road on 41h Avenue SR 1311 Subdivision Name City state dip NIA Engelhard NC 27810 - Phone No. Lot No.(s) (if marry, attach additional page with list) N/A - ext. 1' , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Barge Carnal off the Alligator River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural lZManmade ❑Unknown Alligator River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑fifes ENo work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +5 miles" 50.5 acres c. size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 36.6 acres, 3.98 acres, 5.0 acres, 4.63 acres NWL (normal water level) (if many lot sizes, please attach additional page with a list) >4.5" ❑NHW or ®NWL e. Vegetation on tract Area is highly impacted from previous development activities mainly spoil deposition and the development of agricultural facilities for the storage and barge shipping of ag related products. Cleared areas are vegetatated with opportunistic upland grasses. f.. Man-made features and uses now on tract Vacant open grassed areas used for spoil depooition, metal sheet pile bulkhead„ dolphin cluster and moorng piles for tug and barges, grain bins hunting cabins.. ._........_ .---- _w-..__�.-- g. Identify and describe the existing land uses adjacent to the proposed project site. The majority of land adjacent the Barge Canal is a national wildlife refuge managed by the USFWS. The developed terminus of the canal is used for ag related purposes with the exception of the hunting cabins. The BargebCanal is strategically located adjacent to expansive, highly productive farmland, some the most productive in the southeastern US. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? ......._ NlA (Attach zoning compliance certificate, if applicable) ❑Yes []No RNA j. Is the proposed acfgvlty part of an urban waterfront redevelopment proposal? ❑Yes ENo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes MNo (]NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes lZNo ❑NA National Register listed or eligible property? <Form continues on next pagea Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ONo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic systems o. Describe existing drinking water supply source. Well p,. Describe existing storm water management or treatment systems None 5. Activities and Impacts a, Wilt the project be for commercial, public, or private use? NCommercial ❑PublictGovernment ❑PrivatefCornmunity b, Give a brief description of purpose, use, and daily operations of the project when complete. Purpose of the project is to undertake maintenance excavation to re-establsih previously existing permitted channel depths to allow/support the continued navigation of the barge canal by fully loaded bare traffic pushed by the appropriate sized tug boat. The transport of ag related products is more economical by barge than other traditional methods and will assist large farming operations in the area to remain competitive in other markets. c, Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Excavation to be undertaken from a barge by either a crane with clam shell bucket or long reach excavator. DUrnp trucks, front end loader and buldozer to move and manipulate spoil area while material dries. Once dry material may be spread on adjacent cropland. Once finished the spoil area will be graded flat within the disturbed limits and seed and mulched at the pescribed rates with appropriate seasonal grass mixture. d. List all development activities you propose. Undertake maintenance excavation of a man, made canal. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing project f. What is the approximate total disturbed land area resulting from the proposed project? 4.3 acres HSq.Ft or RAcres g. Will the proposed project encroach on any public easement, public accessway of other area ❑Yes ❑No ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff i. .. .... ...... ... Will wastewater or stormwater be discharged into a wetland? ❑Yes HNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA L Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) Major Development Permit 6. A d ditional Information /n addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below, a. A project narrative. b. An accurate, ding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project, Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site clA copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENRr f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name United States Fish and Wildlife Srevice C/O Mr. Scott Lanier, Refuge Manager Phone No. (252) 473-1131 Address 100 Conservation Way, Manteo, NC 27954 Name Mattamuskeet Ventures LLC C/O Hunter Parks, President Phone No. 919 332-3788 Address 7655 Market Street, Suite B, Wilmington, NC 28411 Name Phone No. Address g, A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Major CAMA Dredge and FIII permit no.99-81 issued August 6, Major CAMA Dredge and Fill permit no.198-07 issued 1981 December 18, 2007 ---------- h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary, 7 J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act G.S. 11 3A 1 -10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date __September 2, 2021 Signature t —Steve Trowell Please indicate application attachments pertaining to your proposed project. ODCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts EDCM MP-3 Upland Development E]DCM MP-4 Structures Information ZT7711FIT937147lea EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application, for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or rill activities. All values should be given in feet. Access Channel (NLW or NWL Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization Length 1,080' 7,170' 445' Width 70' 70' 150" Avg. Existing NA NA Depth -7.4' All -7.6' Final Project -10, -101 -10, NA NA 1. EXCA VA TION 0 This section not applicable a. Amount of material to be excavated from below NHW or NWL in lb. Type of material to be excavated. cubic yards. 7,280 cuyds, 35,603 cu. yds, 5,,785 cu. yds. Organic Muck and Sand c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (S13), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. E]CW EISAV EISB E]WL &None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards, N/A 12. DISPOSAL OF EXCAVATED MATERIAL 0 This section not applicable a. Location of disposal area, b. Dimensions of disposal area. Upland Areas Adjacent Basin +4.0 Acres c. (i) Do you claim title to disposal area? d. (i) WJI a disposal area be available for future maintenance? Rryes E]No [INA EZYes []No EINA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? Same Locations e. (I) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), Elyes VN' []NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) It yes, how much water area is affected? E]CW EISAV EISB EIWL &fNone (ii) Describe the purpose of disposal in these areas: 252-008-2808 — 1-888-4RCOAST :- www.necoastalmana gemqqt ript revised: 112/26106 - Form DC M MP-2 (Excavation artc! FW, Fac gie 2 of 2) 3. SHORELINE STABILIZATION &(This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: E)Bulkhead []Ripra;p E]Breakwater/Sill DOther: c. Average distance waterward of NHW or NWL: a. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. 0) Will rill material 6e'6rWWt-to If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? S oil material once dr will be slo ad graded and seeded per c,olPe-1 approved RoTsciiTcon ro G. (1) Will naviga)ional aids be required as a result of the project? []Yes We [INA (Ii) If yes, explain what type and how they will be implemented. September 2, 2021 Date Mattamuskeet Barge Canal Maintenance Project Name b, Length: Width: d. Maximum distance waterward of NHW or NWL: f. (I) Has there been shoreline erosion during preceding 12 months? []Yes []No EINA 00 If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. section not applicable b. (i) Will fill material be placed In coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. [:ICW EISAV - E188 [1WL []None (!I) Describe the purpose of the fiIt in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? 8 rpe. IM Reach Eacayalgr. Dump, IWJ_(sQujldozer Tractor with D" k P d, (1) Will wetlands be crossIn transporting equipment to project site? 0Yes Ell crosses (0) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Mattamuskeet Barge Canal Maintenance Group, (MBCMG) Applicant Signature 252-803,2608 .r 1,�468-4RCOAs'r s., revb�ed- '129'2'4410�"� Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1 . Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT ------ ------ _ .......... a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 5 existing parcels N/A c. Density (give the number of residential units and the units per acre). N/A . . . .......... . ..... e, If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land ReSOUMOS? E]Yes ONo []NA (ii) If yes, list the date submitted: d. Size of area to be graded, filled, or disturbed including roads, ditches. etc. 4.1 acre Swil Area f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A 9. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking, Water Quality for review? N/A [JYes EANo ONA i. Give the percentage of the entire tract to be, covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking, N/A I. Describe proposed method of sewage disposal. NIA 1. Describe location and type of proposed discharges to waters of the state (e.g., Surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface ruinoff (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? []Yes EJNo FANA If yes, attach appropriate documentation. m. Does the proposed project include an innovative storinwater design? E]Yes FANo EINA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e,g,, well, n. (i) Will water be impounded? ❑Yes ❑No ONA community, public system, etc.) (4) If yes, how many acres? N/A o. When was the lot(s) platted and recorded? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes E]No ®NA September 2, 2021 Date Mattamuskeet Barge Canal Maintenance Excavation Project Name Mattamuskeet Barge Canal Maintenance Group Applica Applicant Signature N Project Site Location Map Barge Canal Maintenance Excavation Hvde County Quad Name: Fairfield NE and Enaelhard West 6.., Project Site Location M A T TA M 0 S X F I,', 1 �T 10 K AL SIN 'dAl IONAI, W JJ_J)t,IFF REFUG I' A M WIMIddletown Anchorage ddletoM Ni4 HOHIncl Project Site location Map Barge Canal 0 3.5 7 14 Miles Mattamuskeet Barge Canal Maintenance Group Page 1 of 10 0 800 1,600 3,200 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Project Overview Map ALIthor: Robert C.. Castello III 0 100 200 400 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Spoil Area Map Author: Robert C. Castello III Id Lattitude Longitude Depth -Ft 1 35.60992 -76.03416 -7.5 2 35.61036 -76.03418 -8.5 3 35,61043 -76,03412 -&0 4 35.61076 -76.03419 -80 5 35.61084 -76.03402 -7.5 6 35.61094 -76.03428 -8.5 7 35.61118 -76.03426 -9.5 8 35.6116 -76,03432 -8.5 9 35.612 -76.03439 -7.0 10 35.61244 -76.03446 -7.5 11 35.61327 -76.03459 -7.0 12 35.61399 -76.03469 -7.5 13 35-61411 -76.03471 -7.0 14 35.61495 -76.03484 -9.5 15 35.61587 -76.03502 -8.5 16 35,61761 -76.03518 -95 17 35.61795 -76.03526 -9.5 18 35.62049 -76.0356 -9.0 19 35.62118-76.03555 -8,0 20 35.62191 -76.03579 -8.0 21 35.62395 -76.03601 -8.5 22 35,62472 -76,03606 -8,0 23 35.62615 -76.03626 -7.5 24 35.62766 -76.03638 -8.0 25 35M83 -76.03645 -&0 26 35.62941 -76.03664 -8.0 27 35.62954 -76.03665 -8.0 28 35,62998 -76.0367 -7.5 29 35.63004 -76.03673 -6.5 30 35.63008 -76.03664 -5.0 31 35.6302-76,03673 -8,5 32 35.63072 -76.03677 -6.5 33 35.63142 -76.03681 -8.0 34 35,6319-76.03687 -7,5 35 35.6319 -76.03687 -9.0 36 35.63224 -76.0369 -10.0 37 35.638 -76.03702 -11.5 38 35.63413 -76.03715 -12.0 39 35.63609 -76.03736 -11.5 40 35,63765 -76.03754 -12.5 41 35.63884 -76.03772 -13.5 42 35.64475 -76,03838 -9.0 43 35.645 -76,03843 -8.0 44 35.64549 -76,03,849 -7.0 45 35.6459 -76.03815 -4.0 46 35.64617 -76.03877 -4.5 47 35,64631: -76.0383 -6.0 48 35.64675 -76.0384 -8.0 49 35.64735 -76.03838666 -9.5 50 35.64746 -76.03808 -9.0 51 35.64761 -76.03864 -9.0 52 35.648158 -76.03827189 -10.0 Mattamuskeet Barge Canal Maintenance Group 0 900 1,800 3,600 Feet I I I I I I I I I Page 3 of 10 Date: 6/5/2021 Depth Map AL[t]101': Robert C. Castello III Mattaniuskeet Barge Canal Maintenance Group Page 4 of 10 0 70 140 280 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 Cross Section #I ALithor: Robert C. Castello III 0 112.5 225 450 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Cross Section #2 Author: Robert C. Castello III Mattaniuskeet Barge Canal Maintenance Group Page 6 of 10 0 80 160 320 Feet Date: 6/5f2021 1 1 1 1 1 1 1 1 1 Crass Section #3 Author: Robert C. Castello III Mattamuskeet Barge Canal Maintenance Group Page 7 of 10 0 80 160 320 Feet Date: 6/5/2021 1 11 1 1 1 L. I I Cross Section #4 Author: Robert C. Castello III 0 80 160 320 Feet Date. 6/5/2021 1 1 1 1 1 1 1 1 1 Cross Section #5 Author: Robert C. Castello III 0 80 160 320 Feet Date: 6/5/2021 Cross Section 96 AW110r: Robert C. Castello III 0 80 160 320 Feet Date: 6/5/2021 1 1 1 1 1 1 1 1 1 Cross Section #7 Author: Robert C. Castello III