61-19 Byrum, Mitchell & Emily

Permit Class
NEW
Permit Number
61-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,pert t"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Mitchell and Emily Byrum 426 Dillard's Mill Pond Rd., Edenton, NC 27932
Authorizing development in Chowan County at Dillard's Mill Pond, at 426 Dillard's Mill Pond, in
Tyner, as requested in the permittee's application dated 4/23/19 (W-1) & 4/17/19 (MP-2), incl art workplan drawings (10),
Site Plan 1&2 of 2 dated 5/21/19, Pages 1-5&8 of 8 dated "Rec DCM-EC 5/1/19" & Pages 6&7 of 8 dated "Rec DCM-EC 5/22/19".
This permit, issued on July 18, 2019 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.
Mill Pond Dam Repair
1) The dam repair shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved alignment.
3) The fill material shall consist of clean materials approved by the Division of Coastal Management.
Fill materials shall be of a size sufficient and design to prevent its movement from the approved
alignment by wave or current action. The.permittee shall be responsible for immediate removal of
ary n aterials or deb .?hat.l ece nes disle>dged or mode outside the author; ed aligr.rt.
(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
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
l
Br o i C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
i
Signature ofPermittee

Permit Class
NEW
4
STATE ON NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
61-19
Issued to Mitchell and Emily Byrum 426 Dillard's Mill Pond Rd., Edenton, NC 27932
Authorizing development in Chowan County at Dillard's Mill Pond, at 426 Dillard's Mill Pond, in
Tyner, as requested in the permittee's application dated 4/23/19 (MP-1) & 4/17/19 (MP-2), incl art workplan drawings (10),
Site Plan 1&2 of 2 dated 5/21/19, Pages 1-5&8 of 8 dated "Rec DCM-EC 5/1/19" & Pages 6&7 of 8 dated "Rec DCM-EC 5/22/19".
This permit, issued on July 18, 2019 , 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 jto be null and void.
Mill Pond Dam Repair
1) The dam repair shall be constructed in accordance with the alignment depicted on tii attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved alignment.
3) The fill material shall consist of clean materials approved by the Division of Coastal Management.
Fill materials shall be of a size sufficient and design to prevent its movement from the approved
alignment by wave or current action. The pern-ittee shall be responsible for immediate removal of
any materials or debris that becomes dislodged or moves outside the authorized alignment.
(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
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
V,/'/' P/C"
Br W C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Mitchell and Emily Byrum Permit No. 61-19
Page 2 of 3
ADDITIONAL CONDITIONS
4) The fill material shall be clean and free of any pollutants except in trace quantities.
5) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no
excavation or filling shall be permitted between February 15 and June 30 of any year without the prior
approval of the Division of Coastal Management, in consultation with appropriate resource agencies.
6) No fill material is to be placed within 30 feet of the normal water line, including woody debris, except
that which will be used to repair the dam alignment.
7) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
Sedimentation and Erosion Control
8) 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.
9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar dais of completion of
any phase of grading on cut or filled slopes.
General
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a thirdlparty without the
written approval of the Division of Coastal Management.
11) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
I
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-2019-00972).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 06-1612 V2.

Received
IBM MI-1
APPLICATION for
Major Development Permit
(last revised 12127106)
OCAT
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Dillard's Mill Berm Repair
Applicant 1: First Name
MI
Last Name
Mitchell
F
Bynum
Applicant 2: First Name
MI
Last Name
Emily
Byrum
If additional applicants, please attach an additional pogele) with names listed.
Mailing Address
PO Box
city
State
426 Dillards Mill Road
Edenton
NC
ZIP
Country
Phone No.
FAX No.
27932
Chowan
252 - 562.4584 ext.
-
Street Address (d dfferent from above)
City
State
ZIP
Email
[e-mail]
2. Agent/ContractorInformation
Business Name
Chowan County
Agent/ Contractor 1: First Name
MI
Last Name
Shannon
S
Ray
Agent/ Contractor 2: First Name
MI
Last Name
Meiling Address
PO Box
City
State
730 N Granville S4 Suite C
PO Box 1030
Edenton
NC
ZIP
Phone No. 1
Phone No. 2
27932
252 - 482 - 8595 ext.
252 - 312. 6354 ext.
FAX No.
Contractor M
252 482 3223
Street Address (A different from above)
City
State
ZIP
Email
[e-mail]
RECEIVED
<Form continues on back>
JUN - 3 2019
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
Received APPLICATION for
Major Development Permit
3. Project Location DO
-EC
County (can be multiple)
Street Address
Slate Rd. #
Chowan
426 Dillards Mill Rd
1226
Subdivision Name
City
State
Zip
Edenton
NC
27932 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
• - ext.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Chowan
Indian Creek and Dillards Millpond
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 []Manmade ❑Unknown
Chowan River
e. is proposed work within city limits or planning jurisdiction?
L If applicable, list the planning jurisdiction or city limit the proposed
[]Yes ®No
work falls within.
Chowan County
a. Site oescolptlon
a.
Total length of shoreline on the tract (R.)
b. Size of entire tract (sq.R) 2 39,
East side 365'; West side 764'
C.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
7 ❑NHW or ®NWL
e.
Vegetation on tract
Vegetation at Dillards Millpond includes cypress trees and shade trees
I.
Man-made features and uses now on tract
The she contains the old mill building, and a small gravel/grassy parking area
g.
Identify and describe the existing land uses adiaoen to the proposed project site.
Adjacent land is wooded
h.
How does local government zone the tract?
t. Is the proposed project consistent with the applicable zoning?
Agricultural
(Attach zoning compliance certificate, if applicable)
❑Yea ONO ®NA
).
Is the proposed activity pert of an urban waterfront redevelopment proposal? []Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? if yes, attach a copy. []Yes ®No 1--)NA
If yes, by whom?
I.
Is the proposed project located In a National Registered Historic District or does it involve a ❑Yea ®No ❑NA
National Register listed or eligible property?
^r—�+CIVCV
<Form continues on next page> JUN -
3 2019
___ DCM_Mun C-Ty

Form DCM MP-1 (Page 3 of 4) Received APPLICATION for
i '.7 I I Major Development Permit
m. (i) Are there wetlands on the she? ®Yes []No
(it) Are there coastal wetlands on the site? ❑Yes ®No
(III) If yes to either (i) or (it) above, has a delineation been conducted? []Yes ONO
(Attach documentation, Aavailable)
n. Describe existing wastewater treatment facilities.
n/a
o. Describe existing drinking water supply source.
We
p. Describe existing storm water management or treatment systems.
n/a
5. Acdvides and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment
❑Private/Communiy
b. Give a brief description of purpose, use, and dairy operations of the project when complete.
Dillards Millpond Park is an important natural resource for public access to Dillards Millpond. The park serves local
restidents and tourists for fishing, canoeing, and nature lourism.The proposed repair will improve the water access
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.
Contractor will use an excavator (1), bulldozer (1), and backhoe (1) to repair and replace berm distroyed. Equipment will be
stored in parking area and dirctly adjacent to the mill building
d. List all development activities you propose.
Construct a rock dam between Indian Creek and Dillard's Millpond in section of berm damaged by Hurricane Matthew/
!. Are the proposed activities maintenance of an existing project, new work, or both? Both, repairing the existing berm and
constructing a new section of berm
with rip rap.
f. What is the approximate total disturbed land area resulting from the proposed project? 3100 ®Sq.FI or []Acres
g. Will the proposed project encroach on any public easement, public axessway or other area ®Yea ONO ❑NA
that the public has established use oft
h. Describe location and type of existing and proposed discharges to waters of the state.
Millpond spills into Indian Creek which flows Into the Chowan River
I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yee ®No ❑NA
j. Is there any mitigation proposed? ❑Yea ®No ❑NA
If yes, attach a mitigation proposal. RECEIVE
<Form continues on back> JUN - 3 2019

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
B. Addidona/ IrlformaUon
In addition to this completed application form, I'll the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to propedy prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (Including 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.
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.
I. 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 Starting Williamson Phone No. 757-636-3888
Address 322 Dillards Mill Road, Tyner, NC 27980
Name NC Department of Transportation, Attn: Jerry Jennings, PE Phone No. 252-482-1850
Address Highway Division 1, 113 Airport Drive, Suite 100, Edenton, NC 27932
Name Shed and David Hare Phone No. 252-331.36W
Address 500 Dillard's Mill Road, Edenton, NC 27932
g. A BM of previous state or federal permits issued for work on the project tract. Include permit numbers, pannittee, and Issuing dates.
CO2TTIFlCAi,GN uf- b7(L74UPT'1olU /2I&Aru1> ku12tiAN5 Ctu.f3ii� JAN.-7 200>
utar�g: - 4Fr&r2 04cr lF'(-A rrT /(,TjaLl [D S4W2cM 4o4257 124
h. Signed consultant or agent authorization forth, N applicable.
1. Weiland delineation, if necessary.
J. A signed AEC hazard notice (of projects In oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 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.
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 1 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.
1 further cue ify that the information provided in this application is truthful to the best of my knowledge.
Date ``ZZJZ I" 1 Print Name ,`a�lan non `F(
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED 2Ct�1{�
❑DCM MP4 Structures Information
" 1
JUN - 3 2019
D7^.tu_MHD CI�'Y

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Received
04Y E t Yr;g
DCM-EC
Attach this form to Joint Application for CAMA 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.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
32 average
long fill
Width
48.6 average
vide fill
Avg. Existing
NA
NA
5.0, Sheets
Depth
2-3
Final Project
NA
2.3, Sheets
Depth
2-3
!. EXCAVATION
a. Amount of material to be excavated from below NHW Or NW L in
cubic yards.
0
c. (I) Does the area to be excavated include 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.
❑CW _. _.... ❑SAV ❑SS _
OWL ®None
(a) Describe the purpose of the excavation in these areas -
Prepare a clean base for rebuilding the berm, removing only
roots and woody debts. Rip rap will be used to repair the berm
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Along backside of berm on high ground areas within
original footprint (30 ft to 45 h) of the berm (Sheet 6).
c. (i) Do you claim tale to disposal area?
Dyes ONO DNA
(n) If no, attach a letter granting permission from the owner.
e. (1) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV). shell bottom (SB),
or other wetlands (t°yL)? If any boxes are checked. provide the
number of square feet affected.
❑CW ❑SAV ❑SB --
OWL ®None
(it) Describe the purpose of disposal in these areas
To prevent excessive movement of machmery over the relished
berm, roots and woody debris will be placed on the backside of
berm (creek side) on high ground areas (Sheet 6).
❑This section not applicable
b. Type of material to be excav
Roots and woody debris.
d. High -ground excavation in cubic yards.
0
❑This section not applicabile
b. Dimensions of disposal area.
50 ft x 24 it and 16 it x 25 ft, Sheet 6
d. (i) Will a disposal area be available for future maintenance?
Dyes ONO ®NA
(k) If yes, whereo
f (i) Does the disposal include any area in the water?
❑yes ONO DNA
(it) If yes, how much water area is affected?
RECEIVED
JUN - 3 2019
DCM-MHD

Forttl DGM MP-2 (Excavation and Fill. Page 2 of 3)
Received
0A/
3. SHORELINESTABILIZATION ❑Tmf )"rreocable
(If development is a wood groin, use MP-4— Shuctures) G
a. Type of shoreline stabilization. b. Length: 45 ft maximum width
❑Bulkhead ®Riprap OBreakwater/Sill OOlherr
c. Average distance walerward of NHW or NW L: 15 ft, footprint of
berm
e. Type of stabilization material:
granite rip rap with sand compacted on top for movement of
machinery (Sheets 5-7).
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap 1 5M (Sheet 71
BreakwateriSill Other _
I . Source of fill material.
Quarry
Width: 74 ft maximum width
d. Maximum distance walenward of NHW orNWL: 15 ft (Sheet 7)
f (i) Has there been shoreline erosion during preceding 12
months?
OYes ONO ❑NA
(if) If yes, state amount of erosion and source of erosion amount
information.
It. Type of fill material.
rip rap and sand
4. OTHER FILL ACTTMIES ❑This section not applicable
(Excluding Morainal Stabilization)
a. (i) Will fill material be brought to the sae? OYes ®No ONA a (i) Wig fill material be placed in coastal wedands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water 0
jug Dimensions of fill area
(rv) Purpose of fill
suomerge t aquatic vegetation t�v), anti oorrom too), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑cW .._. ❑SAv ❑SB
❑WL ®None
(k) Describe the purpose of [be fill in these areas.
Rods and woody debris from damaged section of berm to be
removed before placing dp rap.
S. GENERAL
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 dredgep
A ftoarting boom will be placed below and along the work area. Rip Excavator, bulldozer. backhoe
rap will be staged at the parking area No dirt fill to be used — —
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
OYes ONO ®NA site? E)Yes ONO ❑NA
(it) If yes, explain what type and how they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize
environments) impacts.
RECFnloren
Dale Project Name
JUN - 3 2019
DCM-MHD CITY

Dillard's Mill Berm Repair
Applicant Name
Shannon Ray, Chowan County Recreation Superintendent
Apply t signature 6k�_ 4/ 1 71jq
Received
l 9 t
DMEC
RECEIVED
JUN - 3 2019

Chowan County --
Dillard's Millpond Berm Repair
0 25 50 100 Feet IN
----...
Mixed Forest 30' Wide
Legend
I i I i I ... W „ E
Access
1 inch = 100 feel `c`'`•��•.
S �-••----.
"`-- - ----�- Easement
' -"''- Held by Byrum � s
_ � -���- Shoreline NWL
`• Creek
I '--_.� _
Existing Pipes &
Fill Below NWL
- -
`�;
Mitchell Byrum •'•�
_---_lFishladder, Sheets 1-3 J i
High Ground Buffer
-
`,,
'."
Berm Footprint Approx. i
{ parcels
Welland
450' LF, 10' Top Width,
Bridge J .�� ;�,,+
_.�
30' Bottom Width, 6-T Height
-�
Access Easement
~
J
_ .--Creek +
Roots & Woody Debris
`"•'-'•" x'•'�
'
to be Placed on Back Side f
Site Plan Page 1 of 2
Indian ,.•••_---_.
Creek ` •.'-• ;fllGlland
____. of Berm. Sheet 6 i
-----
Prepares by.
. ..
'� r
X-5'
Mark Powell, NRM Consultant
•
.l
Mixed Forest ±
.-v �• �'••i i
j Wetland
Date: 5/21/2019 ..
...,
�� t •''�...i- t `.,
_. Repair Area `.
• _ j X-7s i X-5'
Within Existing Footprint 140 LF
Map scale 1 inch = 100 tl for 8.5'xN• paper
Wetland
t
Sheets 2-7 _J
wiith OS margins.
Notes' Entire Project Area Above NWL
�,-.�•i—_—
Y
Cypress
is Within the 30-ft Buffer
` ` ry r. jn
i J X-5'
-
lean
••- Wetland
a
t
een � tt
'Chowan o
Woods i "- y r
r : Creek _
Millpond
River a J
r ---
y t i -- Existing Pipes
!
in fro Project Location
7
Sheets 1-3
. -'- .... t_"---�'�'•w.'"
I
- ?✓
�, enter
Gravel Parking
4'�
YHock w
r&Site Access
'�». Sterling
z
-)0 _.�
y.,,-.----,.,,,,_
\ Williamson
RECEIVED Millpond Builtling
Emily Byrum, Trustee
....... _. _.._____
Rock Hock L ding
JUN - 3 2019
DCM-MHD CITY

Received
Chowan County -- Dillard's Millpond Berm Repair
Inch = 20 rest _ N , Legend
Wetlantl
WE
— Shoreline NWL
0 10 20 Feet r.. Fill Below NWL
I 1 I Creek f ® High Ground Repair Area
M. Byrum
,...Y
��' o Berm
.Parcels
t
i
i Access Easement
i
•` "•. ` • f i Site Plan Page 2-2
Prepared by.
Mark Powell. NRM Consultant
Dale: 5/212019
'i Wetland i
J Creek ''. i M. Byrum NOTES:
Map scale t inch = 20 It for 8.5"zt t" paper
�i with 0.5 margins.
3 i
Entire Project Area Above NWL is
ml
Within the 30 ft Buffer.
!-� MiNpond
i'
Y
•1
X-T
X-5'
� b
Wetland
RLItcel p' �: b Cypress
JUN - 3 1019
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viva-UHD C17-y

Fisn Ldddei
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30tiYt� + � e c`raT'~rl`
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y Dillard's Millpond
Dam Breach Repair
Jan2819
Iff
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Scale = 700ft

Received
Dillard's Mill Berm Repair - Chowan Countv
2. Elevations and Cross Sections Pipe Spillway, Breach Channel, Fish LadWrue-M-EC
Top Dam 6.0 - 7.0 ft
23 ft Ppe Sp Hway
eorrrul ituctutbnM eNyy/Ar-y,p-SAR
100 200
RECEIVED
JUN - 3 2019
DCM-MHD CITY
Damaged Area of Dam
Hoke im Backside of Dam from Storm Ouerwash
Com Sg S UpatrNm Flom Side
Top Dam 6-7ft
e
FM ladder-0.2 h
300 400 SM 6.+0
tit
0.94 Dam Breach Charmel
Page 2 of 8
at.
2s"

Dillard's Mill Berm Repair — Chowan County
3. Profile View of Rock Elevations and Water Levels
10
7.6
8 Existing Dam Topes 6.4 6.8 6.4
6
4
2 2.3
Breach Area
n o
m 0
1Rode Placement Area '
`
-4
V5.6
-6
1 -7.21
-10
8.4
0
100 200 1 300
Distance
Breach -Rock Area
R
i
RECEIVED
JUN - 3 2019 Page 3 of 8
DCM-MHD CITY
9
400
6
Received
DMEC
2.3 ft Water level
Existh spillway
N♦
-0.2
500
Fish Ladder

078 ;-GG
Dillard Mill Pond 019
RockplaceiWsedtpns
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Dillard's Mill Berm Repair - Chowan County °Eceovead
5. Materials and Placement
Dillard's Millpond Dam Repair CM -EC'
Typical Materials and Placement (Centerline Breach Xsec 2+49)
Pond Slope (Upstream) 't 3i19
°�° e- ^- River Slope (Downstream) a^
Materials Needed:
Estimated Material Volumes
Yards
Tons
97
Packing Sand iD,m>aee:.ao3.2s1
PaddngSand
Dam Top Repair% sec 0. 7 Z.00
148
Crush - Run
37
Dam and parking lot Repair
Class 1
900
Bodyof Wm%sec 2. -3.25
Class 2
&each Area Dawn Stream siepe
190
RECEIVED Page s of g
JUN - 3 2019
DCM-MHD CITY

Dillard's Mill Berm Repair — Chowan Countv
RECEIVED page 6 of 8
JUN - 3 2019
DCM-MHD CITY

Dillard's Millpond
Dam Breach Repair
Jan2919
"F.
ryt
/ /140h
N
i
Scale = 50ft
Google Earth

Rock Required For Repair
Length 200
Width 10
Depth 0.33
FFt3 666.66667
Ys3 d24.69
Tons/yd3 1.5
Tons 37.0
RECEIVED
JUN - 3 2019
DCM-MHD CITY
003-WOG
Dillard's Mill Berm Repair — Chowan Countv
8. Access Repair Areas and Materials. P9Ai;)Oa}j
Entrance is from Dillard's Mill Road.
Page 8 of 8

DCM Coordinator: Permit #: GNq
MAILING DISTRIBUTION SHEET W.
.(nIA 4(2L bi/(cr^c 1-61/ � CabrrNn.ldG Z743Z
DCM Field / Jµ� VarkiS
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Washington
Wilmington
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
OV
(with revised work plan drawings)
Offikkk Bland ufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
MMTyrrell)
Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
ledhill-Earley at [e-mail]
Heidi Cox (WIRO)
r SgWStaples
David Hams
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
94e644ent-alvo 5iet6<A-11;,.or\ /
Clif Whitfield (WARD)
Curt Weychert
Washington: Anthony Scarbraugh-401 ,
Roger T water
arcy a eaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria I!in (WARO) im
Natural Heritage Program Rodney Butler
-3M)On 5�ort 1 / Giowtln 1.
Fax Distribution: Permittee #: Agent#_
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Mitchell & Emily Byrum COUNTY: Chowan
PROJECT NAME: Dillard's Mill Berm Repair
LOCATION OF PROJECT: 426 Dillards Mill Road
DATE APPLICATION RECEIVED COMPLETE BY FIELD:-&4-t9•—
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No
FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: ELIZABETH CITY
DISTRICT MANAGER REVIEW?
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 # III (D)
APPLICATION ASSIGNED TO: Bodnar N sl (a
PUBLIC NOTICE REC'D: 6-5-19 END OF NOTICE DATE: 6-25.19
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE: 7-1'5-'114 11 5I I C(
DEED REC'D: Yes
150 DAY DEADLINE:
HOLDS:
3 iq
EMAIL OUT DATE: STATE DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS
RETURNED
YES NO
DCM - Field Rep
5�22 (
,�.. 111�
(pril 17
DCM - LUP Consistency Determination
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Local Permit Officer
Corps of Engineers - Regulatory Branch
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DWR - Public Water Supply
DEMLR- Stormwater&Sed/Erosion
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ti(.f ow e�0 t
DOA - State Property Office
Wildlife Resources Commission
�� Q
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DMF - Shellfish Section
(p
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DMF - Habitat&Enhancemem
7/3111
11,
ISroL•To�� c
DNCR - Archives & History
b(O l9
F
DNCR -Natural Heritage ProgramRFrEIVED
NCDOT
Rural Development Division
�(�
JUN -3 R 19
.LK�*y
DCM-MHD CITY

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
MEMORANDUM
TO: Gregg Bodnar, Assistant Major Permits Coordinator
THROUGH: Ron Renaldi, District Manager
(Initially sent to District Manager Jonathan Howell on May 22, 2019)
FROM: Lynn Mathis, Environmental Specialist II ,1„I
DATE: May 22, 2019
SUBJECT: Mitchell and Emily Byrum CAMA Major Permit Application (Dillard's Millpond)
The applicants, Mitchell and Emily Byrum proposed the following:
The applicants have authorized Chowan County to seek a CAMA Major Permit to fill a breach in an existing
450' long earthen berm/dam at Dillard's Millpond created during Hurricane Matthew in 2016. The breach at
its widest point is 45' and 74' at its longest point, and connects the old millpond to Indian Creek. The average
measurements are 32' x 48.6'. The repair will involve the filling of 1,555sf of shallow bottom with Class 1 and
2 rock and include the strengthening of 140 x 21.8' of existing berm/dam with Class 1 rock.
15A NCAC 07H .0207PUBLIC TRUST AREAS
(a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the
mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to
measurable lunar tides and lands thereunder to the normal high water or normal water level; all
navigable natural bodies of water and lands thereunder to the normal high water or normal water level
as the case may be, except privately -owned lakes to which the public has no right of access; all water
in artificially created bodies of water containing public fishing resources or other public resources which
are accessible to the public by navigation from bodies of water in which the public has rights of
navigation; and all waters in artificially created bodies of water in which the public has acquired rights
by prescription, custom, usage, dedication, or any other means. In determining whether the public has
acquired rights in artificially created bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public;
(2) the length of time the public has used the area;
(3) the value of public resources in the body of water;
(4) whether the public resources in the body of water are mobile to the extent that they can move into
natural bodies of water; 1�
(5) whether the creation of the artificial body of water required permission from the state; A gicelveo
JUN - 3 2019
� DC
�D �• °� M-MHD CIT y
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252.264.3901

(6) the value of the body of water to the public for navigation from one public area to another public
area.
(b) Significance. The public has rights in these areas, including navigation and recreation. In addition,
these areas support commercial and sports fisheries, have aesthetic value, and are important
resources for economic development.
(c) Management Objective. To protect public rights for navigation and recreation and to conserve and
manage the public trust areas so as to safeguard and perpetuate their biological, economic and
aesthetic value.
The proposed work is consistent with this management objective,
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the
capability of the waters to be used by the public for navigation or other public trust rights which the
public may be found to have in these areas shall not be allowed. The development of navigational
channels ordrainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs,
or marinas are examples of uses that may be acceptable within public trust areas, provided that such
uses shall not be detrimental to the public trust rights and the biological and physical functions of the
estuary. Projects which would directly or indirectly block or impair existing navigation channels,
increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation
patterns, violate water quality standards, or cause degradation of shellfish waters are considered
incompatible with the management policies of public trust areas. In every instance, the particular
location, use, and design characteristics shall be in accord with the general use standards for coastal
wetlands, estuarine waters, and public trust areas.
The proposed work is consistent with the Use Standards.
The use of the Millpond as a recreational site was established in 2005, and provided accommodations
to maintain access to the pond by fish, by the construction of a fish ladder in cooperation with the
NC DMF and the NC WRC. Chowan County, through corporation with state and federal agencies, has
tried to balance both biological and recreational uses of the Millpond. The repair being requested is
simply to return the already approved use of the Millpond.
15A NCAC 07H ,0208 USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters,
and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private
roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are
water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps,
dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational
aids, mooring pilings, navigational channels, access channels and drainage ditches;
Consistent: Dam replacement and landward non -coastal wetland Impacts.
(2) Before being granted a permit, the CRC or local permitting authority shall find that the applicant has
complied with the following standards:
(A) The location, design, and need for development, as well as the construction activities involved shall
be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203
of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the
productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation
as defined by the Marine Fisheries Commission, and spawning and nursery area
Consistent: No SAVs, Coastal Wetlands, or shellfish beds are within the pr" EQ
D� _EQ AN
` 3 ?019
CM
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carollna 27909 '----
252.264.3901 _.__......,____..

4
(B) Development shall comply with state and federal water and air quality;
Project subject to review by other Department of Environmental Quality agencies.
(C) Development shall not cause irreversible damage to documented archaeological or historic
resources as identified by the N.C. Department of Cultural resources;
Consistent: No identified archeological or historical resources associated with the project
area to be impacted.
(D) Development shall not increase siltation;
Consistent: Temporary turbidity during construction only,
(E) Development shall not create stagnant water bodies;
Consistent: Once the pond attains pre -breach elevation the existing fish ladder and culverts
will allow over flow and maintain a connection with Indian Creek.
(F) Development shall be timed to avoid significant adverse impacts on life cycles of estuarine and
ocean resources;
onsistent: Subject to permit reviewand conditions by NC DMF, DWR, WRC, and the USACE.
(G) Development shall not jeopardize the use of the waters for navigation or for other public trust rights
in public trust areas including estuarine waters.
Consistent: Navigation will not be interfered with.
(3) When the proposed development is in conflict with the general or specific use standards set forth in
this Rule, the CRC may approve the development if the applicant can demonstrate that the activity
associated with the proposed project will have public benefits as identified in the findings and goals
of the Coastal Area Management Act, that the public benefits outweigh the long range adverse
effects of the project, that there is no reasonable alternate site available for the project, and that all
reasonable means and measures to mitigate adverse impacts of the project have been incorporated
into the project design and shall be implemented at the applicant's expense. Measures taken to
mitigate or minimize adverse impacts shall include actions that:
Consistent: Again subject to multi -agency review
Comments:
I would like to recommend approval of the project with the following specific conditions should the request be
approved:
1) An erosion control barrier shall be properly installed around the work area and include a toed filter cloth,
slaked hay bales or a combination of both prior to any work.
2) Erosion control barriers shall remain in place until the project is completed and a vegetative cover is
established along areas receiving a packed sand cover.
RECEIVED
JUN - 3 2019
DCM-MHD CITY
Q '
Q
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252.264,3901

I
ROY COOPER
Govemar
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
almcror
June 3, 2019
MEMORANDUM: 1 .
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Couder04-16-33)
areoa. bodnarComcdenr. gov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner In Chowan County
Proposed Project: Fill a breach In the millpond berm
Please indicate below yout agency's position or viewpoint on the proposed project and
return this form to.Grecrra Bodnar at the address above by June 24, 2019. If you have any questions.
regarding the proposed project, contact Lynn Mathis,(252-264-3901, ext 234) 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'
I/ . 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
comlmentts�. /
PRINT NAME li�l I IyY / '
AGENCY r{Y�idbIJ1 LAaPIV .Se[Tidq
� .
SIGNATURE RECEIVED
DATE ae
JUN 6 2019
DEQ MP SECTION MHD
Ngrth CaroOna Department ofEnvirowemal Quality I DthslonafCoastelManagemem
afzabethCEy Office 1401South Gtl[fln Street,Sulte300 I Elliabeth Clty.North Care0na2n09 '
2S21G43901

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
June 3, 2019
MEMORANDUM:
NORTH CAROLINA'
EnvironmentalQuallty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courler 04-16-33)
areas. bod na r(Mricdenn gov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dlllards MITI Road, Tyner In Chowan County
Proposed Project: Fill a breach in the millpond berm
Please indicate below your agency's position or viewpoint on the proposed project and I
return this form to Greua Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth
comments with supporting data is requested.
LY: This agency has no abjection 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 Jeffmy Rheubottom for Shannon Jenk ns
AGENCY t. n11 .- . .. . ..
RECEIVED
SIGNATURE
. • 1 1 • JUN 1 7 2019
RIP SECTION MH®
D_EQ��
North Carolina Department ofEnvironnental Quality I Division of Coastal Management
Elizabeth City Office 14DISouth Grlftin Sheet,Sultc300 I alzabeth City,North Caroltna27909 '
759 t643901
III

ROY COOPER
Governer
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
June 3, 2019
MEMORANDUM:
NORTH CAROLINA.. ....: ...,.,.....,�....�::.,....
Environmental Quality ,
FROM: Gregg Bodnar„ Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax:[phone] (Courier04-16.33)
Qreoo.bodnar(rDncdenr:cov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards MITI Road, Tyner in Chowan County
Proposed Project: Fill a breach in the milipond.berm
Please indicate below your.agency's position or viewpoint on the proposed project and
return this form. to Grego Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext 234) when appropriate, in-depth
comments with supporting data is requested.
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_ L, e Pa
AGENCY /V C (Arm vice
SIGNATURE _t /✓���
DATE
JUN 1 7 2019
MP SECTION
North CarollnaDepartment of Environmental Quality I Division of Coastal Management
EI¢abeth City Office 1 401 South Griffin Street, Suite300 I Elizabeth Cty,North Carolina27909'
2522643901

Roy 'Comp
•Govennor
WCHAELS-PE GAN
secrewy
BRAAXTON G. DAVIS
DIneclor
June 3, 2019
MEMORANDUM
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division,,of Coastal Management,
400 CommerceAve.; Morehead City,*NC 28557
Fax:
graig.6odnar(dincidetir.gov
SUBJECT: CA MA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dlilards Mill Road, Tyner In Chowan County
Proposed Project; Fill a breach in the millpond beirm
Please indicatwbelow your agency!s position or viewpoint on the proposed project and
return this , form to Grertd Bodnar at the address above by June 24,,2019. . If you have anyquestions
,regarding the proposed project,contect.1-yrin Mathis (252-264-3901, 6xL 234)vhen appropriate, In-depth
comments with supporting data is requested.
REPLY: V This agency has no objection to tne projecras proposea.
"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, I
This!apncy objects to the project for reasons described in the attached
comments.
PRINTNAME
AGENCY
SIGNATURE
RECEIVED
DATE G/7
Vor C;,j 77t5 -APF-Ty h\Jif cry,JUN 1 7 2019
D-
MWQ :
MP SECTION MHD
gang"
North Carolina DepartmentofEriviromenniQuality I DIASIOncifContalManagement
Elizabeth City Office I 40I.South Griffin Street, Sulte='I Elizabeth Clty.,North Carcilina27909
252.2643901

ft
Bodnar, Gregg
From: Dumpor, Samir
Sent: Monday, June 17, 2019 11:40 AM
To: Bodnar, Gregg
Subject: RE: Mitchell and Emily Byrum - E&S comments
No, not really. My comment was just a generic one. Except for High Hazard dams (and this one is not one of them),
unless the dam is higher than 25' and more than 50 acre-feet in impoundment capacity, it would not be listed on our
inventory, meaning that we would not have to inspect it nor the plans for repairs would have to be approved by the
Dam Safety Group in Raleigh.
I hope this makes sense.
Thank
Samir
Samir Dumpor, PE
Regional Engineering Supervisor II
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
252-948-3859 office
samir clumpor(ftcdenr.00v
943 Washington Square Mall
Washington, NC 27889
IC_ � otlhlnqCompares.-_ ,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Monday, June 17, 2019 11:20 AM
To: Dumpor, Samir <[e-mail]>
Subject: RE: Mitchell and Emily Byrum - E&S comments
Morning Samir,
Is there anything that the applicant is required to do to be listed (permit/authorization) from DEMLR?
Thanks,
Gregg
From: Dumpor, Samir
Sent: Friday, June 07, 2019 8:50 AM
To: Bodnar, Gregg <[e-mail]>
Subject: Mitchell and Emily Byrum - E&S comments

Gregg,
E&5 comments attached.
Thanks
Samir Dumpor, PE
Regional Engineering Supervisor II
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
252-948-3859 office
samir.dumoor o)ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
fI �Nothing Compares. ,. ,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
I
2

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Direcfor
June 3, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
grega. bodnarCe2ncdenr.aov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner In Chowan County
Proposed Project: Fill a breach In the millpond berm
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greco Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) 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
AGENCY l C o
SIGNATURE
DATE b-5-2ur�
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
2,522643901
RECEIVED
JUN 10 Z019
DCM-MHD CITY

Bodnar, Gregg
From: Thorpe, Roger
Sent: Wednesday, June 19, 2019 11:32 AM
To: Bodnar, Gregg
Subject: CAMA Major - Dillard's Mill Pond Dike Repair, Chowan County
Gregg
The subject project will not require a State stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
[e-mail]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Nothing Compares,-.�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Fyrt1V-�

`i
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Charlan Owens, AICP, NE District Planner
Division of Coastal Management
SUBJECT: Major Permit Request by Mitchell and Emily Byrum to fill an approximately 45 foot
wide by 74 foot long breach in the earthen berm/dam at Dillard's Millpond, which
connects to Indian Creek; at 426 Dillard's Mill Road, in Tyner, Chowan County.
DATE: June 19, 2019
Consistency Determination: The request is consistent with/not in conflict with the Chowan
County & Town of Edenton Joint Land Use Plan certified by the
CRC on November 15, 2016.
Overview: The 5.5 acre subject property contains Dillard's Millpond which connects to Indian
Creek, a tributary of the Chowan River. Approximately 1,129 linear feet of shoreline surrounds
the millpond. A significant portion of the site consists of Section 404 wetlands. Vegetation on
the property consist of trees, vines and a variety of domestic grasses. The property is located in
the AE Flood Zone and is subject to storm surge from Category 1 and higher hurricanes.
Existing site improvements consist of a former mill house and a gravel driveway, both located on
the south side of the millpond. Shoreline improvements along the pond consist of a 450 foot long
earthen berm 6 feet to 7 feet above Normal Water Level (NWL) with a 30 foot wide base and a
top width of 10 feet. An approximately 45 foot wide by 74 foot long breach in the berm connects
the millpond to Indian Creek. Water depths in the pond range from -1 foot to -5 feet while the
depth in the center of the breach reaches a depth of -7 feet. The amount of water in the pond
fluctuates with wind driven tides from the river and rain events, however water levels 6 the pond
have remained lower than when the berm was intact.
Previous breaches have occurred in the berm. In January 2005, DCM issued a Certificate of
Exemption to repair a 50 foot wide and a 25 foot wide breach. The exemption authorized a fish
ladder on the north side along the 50 foot wide breach and placement of an earthen fill plug at the
25 foot wide breach. In October 2016, Hurricane Matthew caused a breach in the millpond in the
approximate location of the 2005 earthen plug.
FIRM;Nt �A90
1 2019
North Carolina Department of Environmental Qvatity l t?ivicton of CnastalManegranen � SECTION
���Elizabeth City Office 1 401 South Griffin Street. Suite 300 Elizabeth City, North Carolina 2r
252.264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 5
Filling of an approximately 45 foot wide by 74 foot long breach in the earthen berm/dam at Dillard's
Millpond is proposed. The project will include placement of geotextile fabric base, with Class 1
and Class 2 rock and packed sand being used to fill in the breach. The finished slope within the
breach will be 2:1 on the pond side and 9:1 on the Indian Creek side of the berm/dam. A top
width of 10 feet will be provided. The repaired berm will not be open to vehicular or foot traffic
upon completion. Work area will be located within the water areas and along the berm/dam.
Improvements will be accomplished using a bulldozer, backhoe and dump truck. The parking
area will be re -graveled as part of the project.
The waters of Indian Creek are classified as Inland and as B;NSW and are closed to shellfish
taking. There is no known Submerged Aquatic Vegetation (SAV). Herring have been observed
spawning in the pond.
Various mills have operated on the property between 1762 and 2006. The property is'shown on
the NC State Historic Preservation office map as site CO0244 but is not listed on the National
Historic Register. In 2005, the property owners granted a conservation easement to Chowan
County to preserve and conserve the property in its natural state (including the dam and the mill
building) and to allow recreational use by the public for educational, environmental and scientific
purposes. Recreational fishing has continued at the pond and in the creek. Dillard's Mill falls
within a proposed greenway and is at the end of a dedicated canoe trail that extends from the
Chowan River.
Chowan County has obtained FEMA funding to assist in requested repairs to the breach.
Anticipated Impacts resulting from this project are expected to include: the filling of 1,555 sq. ft.
of Public Trust Area of Environmental Concern (AEC) and 3,060 sq. ft. of Public Trust Shoreline
AEC.
Basis for Determination:
The entire project area falls within the Public Trust Shoreline and Public Trust Areas. As indicated
on Page 2-10 "...coastal wetlands, estuarine waters, estuarine shoreline, public trust areas, and
'Section 404' wetlands..." are part of the "Conservation" classification. "Also included in the
Conservation classification are the future greenway corridors located throughout the County along
creeks and rivers as depicted in the 2003 Edenton/Chowan Greenway and Open Space Plan and
reproduced in Appendix 10..." of the Chowan County & Town of Edenton Joint Land Use Plan.
For Conservation areas, "...passive recreation would be appropriate in this classification, provided
environmentally sensitive areas are not negatively impacted."
JUN 2 0 2019
MP SECTION MCA®

North Carolina Department of Environmental Quality
Division of Coastal Management
The following LUP policies may be applicable to this request.
Provide Recreation and Open Space:
Policy C-11, Pages 2-7 and 2-8.
"It is the policy of the County to improve and update existing recreation
amenities, including parks, playing fields, trails, and playgrounds, as funding
and other resources become available, rather than investing in the creation of
new recreation amenities."
Public Access to Public Trust Waters:
Policy PA-6, Page 2-41.
"The Town of Edenton and Chowan County will continue to provide for the
diverse recreational needs of the permanent and seasonal populations by
supporting the design and construction of the extensive waterfront area in a
manner that balances water access need with the protection of fragile natural
resources."
Land Use Compatibility:
Policy LU-2, Page 2-42.
"The Town of Edenton and Chowan County support growth and development
in keeping with the Future Land Use Maps in this Plan."
Policy LU-9, Page 2-42.
"The Town of Edenton and Chowan County will encourage land use
proposals which will have no negative impact on historic, cultural and/or
archaeological resources. These proposals shall be reviewed through the
Section 106 review process as well as through the Historic Preservation
Commission and the State Historic Preservation Office."
Policy LU-10, Page 2-42.
'MEMORANDUM
Page 3 of 5
"The Town of Edenton and Chowan County shall adhere to the state's
mitigation requirements, criteria, and concepts to minimize conflicts with
natural resources and fragile areas. The Town and County shall also maintain
local development standards (such as distance/separation requirements, B'rECf WED
JUN 2 0 2019

!4k
North Carolina Department of Environmental Quality
Division of Coastal Management
buffering/screening requirements, etc.) for special and/or conditional uses in
order, to assist with mitigating potential negative impacts."
Natural Hazard Areas:
Policy NH-1, Page 2-46.
"The Town of Edenton and Chowan County will conserve the natural
resources and fragile environments that provide protection from such natural
hazards as floods and storm surges."
Policy NH-2, Page 246.
"The Town of Edenton and Chowan County will minimize the threat to life,
property, and natural resources that may result from land use and
development within or adjacent to identified natural hazard areas."
Policy NH-3, Page 246.
"The Town of Edenton and Chowan County will continue to coordinate all
development within the special flood hazard area with the NC Division of
Coastal Management, FEMA, and the US Corps of Engineers. The Town of
Edenton and Chowan County recognize and will continue to work with NC
Emergency Management as the cognizant agency for risk management and
hazard mitigation, including administration of the National Flood Insurance
Program."
Policy NH-8, Page 2-47.
MEMORANDUM
Page 4 of 5
I
"The Town of Edenton and Chowan County shall maintain flood damage
prevention requirements that (1) Restrict or prohibit uses which are
dangerous to health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion, flood heights or flood water
velocities; (2) Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of
initial construction; (3) Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of floodwaters; (4) Control filling, grading, dredging, and
other development which may increase erosion or flood damage; and (5)
Prevent or regulate the construction of flood barriers which will unnaturally �p
divert floodwaters or which may increase flood hazards to other lands." RECEIVED
JUN 2 0 2019
MP, SECTION MH®

North Carolina Department of Environmental Quality
Division of Coastal Management
Water Quality:
Policy WQ-2, Page 2-48.
"Chowan County and the Town of Edenton shall require that all development
adhere to State requirements concerning stormwater runoff limitations and
standards."
Policy WQ-3, Page 2-48.
"It is the policy of Chowan County and the Town of Edenton to coordinate the
approval of local land development projects with applicable state agencies to
ensure compliance with regulations to prevent or control nonpoint source
discharges."
Policy WQ-5, Page 2-48.
"Chowan County and the Town of Edenton shall maintain requirements that,
to the extent practicable, require all development to conform to the natural
contours of the land and ensure that pre-existing man-made drainage ways
remain undisturbed. All developments shall be provided with a drainage
system that is adequate to prevent the undue retention of surface water on
the development site. No surface water may be channeled or directed into a
sanitary sewer. Whenever practicable, the drainage system of a development
shall coordinate with and connect to the drainage systems or drainage ways
on surrounding properties or roads. All developments shall be constructed
and maintained so that adjacent properties are not unreasonably burdened
with surface waters as a result of such developments."
Policy WQ-9, Page 2-48.
"Chowan County and the Town of Edenton shall require that
development adhere to the state's buffer requirements for
developments abutting water bodies and/or AECs."
Policy WQ-10, Page 2-49.
MEMORANDUM
Page 5 of 5
"In order to minimize sedimentation and erosion, Chowan County and
the Town Edenton shall require that all developments maintain a
vegetated buffer along each side of a stream or natural drainageway in accordance with State requirements." RECfl WED
JUN 2 0 2019
F,AP SECTION MHD

Roy"COOPER
WCHAEL &, REGA I K,
BRAXTONC,DAVIS
'olremir
Junw3, 16191
MEMORANDUMt
FROM: r "r As'sistant Major. Permits Coordinator
NCDEQ Milion�6f.cbastal anagement
A I ve. M ore hall dt"'ISIC 28,557
Fax: 3 , 30,(Cb uder I &-U)
grego. d �nc enr . ;hovl
cAkA'App11caUb&R9viqw
Applicant; mikic�Wan&Emlly.Byiia:!Zz
project Location: '426011ards M1 I II(Road, TyfikjnChowap coiliky,
'Proposed Prbjadt 11711114breach 'ir th9'rn'iI1'p6n­d.'be,rm
lom, l iiilfl6ra" �co
mments ments may I attached"
This'4j encihasnoporriffientori,the,propi
This. agdricy,appiroves,ofthe ,pi roject orilyi
a4iribrpotatdd. See aftac' " hdd.
Tlls�,a660 objects to the PrOledt for, reds
comments!
PRINT NAME
AGENCY Pis-( t rA
SIGNATURE
DATE
Ject.
)ibmdridecirchanges
xloqd, In the attached I
RECEIVED
JUN 2 0 !2019
MP SECTION MHD
AEQ
North Carolina Department of EnvIronme atal Quality I Division Of GDastalMoragentent
Eltiabiili�Ciijoflfibc-1 4015outbGrlff1qStri4t,Su[te300 I ElliabithalyNOTthc2milau27909
252I(A,3901

ROY COOPER
Govemor
MICHAEL S. REGAN
Segetory
BRAXTON C. DAVIS
D[rector
June 3, 2019
MEMORANDUM:
NORTH CAROLINA' "
EnvironmentdQuallty,
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Couder04-1643)
a rega. bodn ar(dricderin oov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner In Chowan County
Proposed Project: Fill a breach in the millpond berm
Please indicate below your agency's position or viewpoint an the proposed project and
return this form to Greau Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901. ext 234) when appropriate, In-depth
comments with supporting data is requested.
LY: This agency has no objection to the project as proposed.
**Additional comments may be attached'"* No written concurrence
X . This agency has no comment on the proposed project required. DWR # 06-1612 V2
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 Anthony Scarbraugh
AGENCY DWR
SIGNATURE
DATE 06/21/19
D_EQ�
JUN 2 1' 2019
MP ��CTO®N M"D
North Carolina Department ofEmironmental Quality I DivistonofCoastelManagement
MabethatyOlflce 1401 South Griffin Street SWte3001 Elizabeth City, North Camino 27909
2522643901

P.13 PFC110tl wnz)
e`COAC-a

ROY COOPER
Govern,
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mitchell and Emily Byrum
426 Dillards Mill Road
Edenton, NC 27932
NORTH CAROLINA
Environmental Quality
June 24, 2019
Subject: NO WRITTEN CONCURRENCE REQUIRED
Dillards Mill Pond Dam Repair
Dear Mr. and Mrs. Byrum:
PERMITNOT A CAMA
DWR k 06-1612 V2
CHOWAN County
The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification
request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the
LAMA Major Permit and General Permit(s)198000291 issued by the US Army Corps of Engineers (USACE).
This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.
In accordance with the attached General Certification fl4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to follow
the conditions listed in the attached certification. You should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH: RECEIVED
JUN 2 6 2019
North Carolina Department of Environmental QuaI1M FI 16ftTIiM M H D
uNn
jD Q Washington Regional Ofnce 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
MITCHELL AND EMILY BYRUM
DW R# 06-1612 V2
.401'APPROVAL
Page 2 of 2
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any
questions or concerns.
Sincerely,
Plow Tws."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC4175
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Lynn Mathis, DCM Elizabeth City (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Laserfiche
JUN262019
P411 SECTION PAHD

ROY COOPER
Governor
MICHAELS. REGAN
seaetary
BRAXTON C DAMS
DLector
June 3, 2019
MEMORANDUM:
NORTH CAROLINA";
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
areoo.bodnar(o)ncdenr.00v,
SUBJECT: GAMA Application Review
Applicant: Mitchell and Emily Byrum '
Project Location: 426 Dillards Mill Road, Tyner in Chowan County
Proposed Project Fill a breach in the millpond benn
Please indicate below your agency's position or viewpoint on the proposed project and
'return this form to Greaa Bodnarat the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth
comments with supporting data is requested. t,
REPLY: X X_ 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: Rodney Butler AGENCY: -NC Natural HeritaggBmgram _ RE C E I pq v E D
SIGNATURE: RA.B.
JUN 2 6 2019
DATE: 03019
DtW
SECTION MH®
North Carolina Department of Environmental Quality I Division of Coastal Management
Elimbeth City Office 1401 South Griffin Street, Suite 300 1 ©Irabeth City, North Carolina 27909
2522643901

"MI HAR&REGM,
1i ' BWT0N'Q;')DAVM
•
<qMgg Bodnar Assistant Mqjor pp rrplts c 000,06for'
NOIJEO -:Division ofZAaptaliManagerngnt-, .. . *
400 NC 28557
Fax. _-'2kw247.13336�to� 0
o re'g'a. b od n6e(aficdgnrdov
-,'CAMA Applfcahon;Re'Wblv,
Apjotipent,; Miic6el I andif fill jy.,Byr4rn
-Project.Locatin 416D1llan:lsMilt Road; Tyner 1n;Chowan, oun
c ty
Proposed "'-Oct: Fill a breach In tha millp6nd;berin,
"Additional.bomments may beattache'd"
,K "Thisagency agencyhas fid comment on the propot
This
agency
'a'' 'oves of
the� pTq
l6'ot;,Aliift
are Incorporatedee,gftK�d.
Th agency06jects,to theprgjegtfbrreasol
;PAINT kAiviaeneeGledhill-Barley
Siateljisfork- P.resaykiorf'Oftice
:DATE'
06107/.2019-
preserydtipp Office'
19-4876
­J
A-
P
described idtheattachqql
JUN 2 4 2019
MP SECTION MHD
Q!�
'&rth&idOnaDiOwiment of aivironnieiftl puali'ty'.I Divisf
M1zabathQtY0fflcc'j 401SauthGr1fAn5"&t.SWfc390 I FJ1Z*dhCqrNortliPamR"279W
i
I
JUN't '02019

ROY COOPER "
Gavemar
NCHAEL
searaftry
BRAXCON C. DAVIS
D(m�mr
June 3, 2019
• NORTH CAROLKA
FhvhonmantarQuaffty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Couder04-111-33)
arecc.bodnarancdenr.cov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner in Chowan County
Proposed Project: Fill a breach in the millpond berm
i
�'f�l� i
JUN 10 2019 U
Please indicate below your agency's position or viewpoint on the proposed project and
ietum this form to Greno Bodnarat the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (262 264-3901, ext. 234) when appropriate, In-depth
comments with supporting data is requested.
KI-WLr: This agency has no objection to the project as proposed.
TT� "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 15%-4M4
AGENCY 1" IF
SIGNATURE
DATE RECEIVED
JUL 8 2019
D QP SECTION l►a01-!®
Nqrth C=11na Department ofEmhonmeotal QwRty I Division of CoastalMenagenmtt
MobethChy office 1 401South GrifffinStmet, SUM300 1 Subeth city, North Carolina M09
757 2643901
I

ROY COOPER
Covmnor
MICHAEL S. REGAN
Acvrerary
STEPHEN W.MURPHEY
u reaur
MEMORANDUM:
TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator
FROM: Shane Staples, DMF Fisheries Resource Specialist
THROUGH: Anne Deaton, DMF Habitat Assessment Manager
SUBJECT: Mitchell and Emily Byrum - Dillard's Mill Pond Dam Repair
DATE: 7/3/19 .
The CAMA application has been reviewed by a fisheries resources specialist for the NCDMF
for impacts that may affect fisheries resources of the state. The applicant proposed to fill a
breach in the earthen berm of the pond that occurred in 2016 that connects Dillardrs Mill
Pond to Indian Creek, a tributary of the Chowan River.
In the years since the breach in the berm NCDMF has recorded successful spawning of river
herring within the mill pond now that direct connection to Indian Creek has been
established. Stabilization of existing conditions and the allowance of the current connection
to remain would be considered a great restoration of access to historical spawning grounds
for anadromous fish such as herring.
While NCDMF would strongly encourage the restoration of the area to allow for spawning
area to be reopened, it will not object to the project as proposed only because the structure
has existed for some time and this project is a repair. A moratorium on in -water work is
requested from February 15 - June 30 to reduce the potential negative impacts of the
construction to the spawning migration of anadromous fish in Indian Creek.
Contact Shane Staples at [phone] or shane.staples@ncclennaov with further
questions or concerns.
State of North Carafina I Dlvkbn ofMarlm Rsherles
3441 Arendell Street I P.U. Box 769 1 Morehead Cry, North C3ro1na25557
252-72fr7D21

Bodnar, Gregg
From: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>
Sent: Wednesday, July 17, 2019 7:58 AM
To: Bodnar, Gregg
Subject: [External] RE: Mitchell and Emily Byrum
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to repo [e-mail]<mailto: [e-mail]>
Mitchell Byrum SAW 2019-00972 PGP 198000291 Your Date
Thanks!
-----Original Message -----
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Wednesday, July 10, 2019 1:37 PM
To: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland @usace.army.mil>
Subject: [Non-DoD Source] Mitchell and Emily Byrum
Afternoon Raleigh,
Wanted to check in on the mill pond berm project in Chowan.
Thanks,
Gregg

ROY COOPER
Gover,ar
MICHAEL S. PECAN
Secretary
BPAXTON C. DAVIS
Dfre for
June 3, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16.33)
orego.bodnar(dtncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner in Chowan County
Proposed Project: Fill a breach in the millpond berm
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grepa Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext 234) 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 i\ rt < i 171nn o �` p
AGENCY 141'4.-I C- R�vEI'Y c LD
SIGNATURE
DATE 1 22)9
D7-
JUL 18 2019
W,P SECTION MHD
North Caroli� Depaf iment of Environmmtal Quality. DtvLsbnof Coastal Management
ElizabethOty Office 140lSouth Grlffln Street,SWte300 Utzabeni City, North Carom 27909
2522643901

ON orth Carolina Wildlife Resources Commission
MEMORANDUM
TO. ;Gregg Bodnar
Division of Coastal Management
North Carolina. 'D,epartment of Environmental Quality
FROM; MariaT.,Dunn, Coastal Coordinator
HabitatConservation Division
JUL 19 2019
DATE: July 18, 2019
I
SUBJECT: CAMA Dredge/Fill Permit Application for Mitchell Byrum (Dillgds.lylill Pond),
Chowan County,North-Carolina.
`Biologtsts-witl.i. the North Carolina Wildlife Resources Commission,(NCWRQxeviewcdihe permit
application with regard to impacts on fish and wildlife resources. The project site'is located'at 426
Dillards MiltPond Road in Tyner, NC Our comments are provided in accordance with provisions of the
Coastal Area'Management,Act (G.S..113A-,100 through 113A-128), as amended Sections 401:and 404 of
the Clean Water Act as am and theFish .and Wildlife. Coordination Act (48 Stat. 401, as amended-,
16 U;S.C. 661;et seq.).
The applicantproposes to repair a breach to a mill pond that occur -during Hurricane Matthew in 201:6,
The mill pond Was established via a.berm witbinIndian Creek -.that created a mill in the 1760's that over
Buie was repaired when needed for `mil , operations.until 2006. The Byrum family in 2005 granted an
easement to Chowan County to conserve :lie property in its natural state to be used by the public for
educationaland recreational opportunities. Repairs were conducted for two breaches in the,mid 2000's.
that did not follow regulatory protocols but were granted an after the faci permit. Around thisAime and`
associated with a breach repair, a'fish I�dder was installed to allow passage of anadromous fish into and
upstream the mill pond from the downstream areas of hidian, Creek and the Chowan River. In October
2016 the millpond was breached again during the,heavy rains of Hurricane Matthew. The current
proposal is to repair the breach to oncelagainretainwaters as they were prior to the 2016 storm event.
Dillards Mill Pond s classified B NSW by the Environmental Management Commission.11,dian Creek
and the Chowan Riuer are designated anadroiiiPus fis]z:spawning areas (AFSA)by the NCDMF and
NCWRC. Anadromous fish species hai a been sampled within the `eaters of Dillaids Mill Pond
a Fax:

The NCWRC has reviewed the permit application and although we generally do not support the damming
of water bodies for pond construction, we do support the repair of the Dillards Mill Pond breach. The
cultural significance, the recreational inland fishing opportunities, the improvements made to the system
to allow anadromous fish passage, and conservation/management easements are the reasons our agency
supports the project. Many inland recreational anglers have used this area for bank fishing. Returning the
pond to its previous condition would allow this public use to continue. Our support of this project may not
be present if not for the successful fish ladder installation. At no time during the breach repair or
subsequent management of the area should passage of anadromous species be impeded. Improvements for
passage is even encouraged. Due to the sensitive nature of spawning anadromous species, a February 15 —
June 30 moratorium is recommended for breach repair to minimize elevated noise and turbidity levels
during spawning and sensitive egg, larvae, and juvenile fish development periods.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.dunn(alncwildlife. ora
RECEIVED
JUL 1 & 2019
MP SECTION MI'D

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mitchell and Emily Byrum
2. LOCATION OF PROJECT SITE: Dillard's Millpond is located on Dillard's Millpond
Road SR 1226, more specifically at 426 Dillard's Mill Road, in Tyner, Chowan County
on Indian Creek
Photo Index: Not Available for this location.
Latitude: 36'13'45.53" N Longitude: 76°40'20.86" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -April 3, 2019
Was Applicant Present - Applicant's agent
5. PROCESSING PROCEDURE: Application Received Complete - May 22, 2019
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Chowan County
Land Classification From LUP -
(B) AEC(s) Involved: PTA & PTS
(C) Water Dependent: Yes
(D) Intended Use: Recreational
(E) Wastewater Treatment: Existing -Septic
Planned - No change
(F) Type of Structures: Existing - Old Mill Building & a Fish Ladder
Planned - Rock Berm
(G) Estimated Annual Rate of Erosion: -6'
Source - Observed breach has widened from 30' to 45' at it widest point over the
past 2.5 years.
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) High Ground
3,060sf
(B) Shallow Bottom
1,555sf
(C) Other
RECEIVED
(D) Total Area Disturbed: 4,615sf or .106 acre JUN - 3 �219
(E) Primary Nursery Area: No
(F) Water Classification: B: NSW Open: No DCM-MHD CITY
8. PROJECT SUMMARY: Fill a breach in the millpond berm that occurred in 2016, that
now connects Dillard's Millpond to Indian Creek, a tributary of the Chowan River.

Field Investigation Report
Page 2
Proiect Settina
The applicant's property is located on SR 1226, more specifically 426 Dillard's Mill Road, in
Tyner, Chowan County. The property commonly known as Dillard's Millpond is situated on the
east side of bridge #13 on Indian Creek, which is a tributary of the Chowan River. The millpond
was the home of the Brownrigg-Dillard's Mill, constructed by Richard Brownrigg in 1762. The
mill was constructed near an earthen dam on Indian Creek and consisted of a sawmill and a
cotton gin on the north side of the dam and a corn and flour mill on the south side. The mills
were sold to Walter O. Lane and H. Fahey Byrum Sr in 1948, and destroyed by the elements
over time. Mr. Byrum replaced the mills in 1970 with a motor powered mill and continued to
produce corn meal until 2006. The property became known as Brownrigg-Dillard's Millpond
Park, and a place for public access to fish. In 2005 Mr. Byrum (now deceased) and his wife
Emily granted a Conservation Easement to Chowan County to preserve and conserve the
property in its natural state (including the dam and the mill building), and to be used for
recreation by the public for educational, environmental, and scientific purposes. Dillard's Mill
falls within a proposed greenway and is at the end of a dedicated canoe trail that extends from
the Chowan River.
In 2004, the local "Ryland" Ruritan Club began plans to plug two breaches that formed where
the previous mills had been located. The Division of Coastal Management issued a Certification
of Exemption on January 7, 2005 to "repair" a 50' and a 25' breach in the millpond. The
Exemption authorized the construction of a fish ladder on the north side along the 50' breach
and the placement of an earthen fill plug at the 25' breach. On September 26, 2006, the US
Army Corps of Engineers (USACE) cited the Ryland Ruritain's Club and Chowan County for
undertaking unauthorized construction of an earthen dam. The project received an after -the -
fact permit from the USACE for the project.
In October of 2017, Hurricane Matthew caused another breach in the millpond in the same
approximate location of the 2005 earthen plug. While water in the pond has fluctuated with
wind driven tides from the Chowan and rain, the levels have remained lower than when the
berm was intact. Herring have been observed spawning in the pond, and recreational fishing
has continued at the pond and in the creek. Chowan County has obtained FEMA funding to
assist in the requested repairs to the breach. The property is located in an AE Flood Zone and
is subject to storm surge from Category 1 and higher hurricanes.
The project area is an elevated earthen berm 6' to 7' above normal water level, with a 30' wide
base and a top width of 10'. Vegetation on the property includes, but is not limited to, loblolly
pine (Pines taeda), bald cypress (Taxodium distichum), groundsel tree (Baccharis ha1A VED
sweet gum (Liquidambar styraciflua), cat brier (Smilax rotundifolia), switch cane (Arundinana
tecta), poison ivy (Toxicodendron radicans), and a variety of domestic grasses. 'ON _ 3 2019
There is no known submerged aquatic vegetation (SAV) within the proposed wo cla and
the area is not recognized by current NCDMF mapping as supporting SAVs. Water d CITY
along the breach range from - 2' along the shoreline to - 7' in the center. Water elevations in
the pond and creek fluctuate from wind and rain events. The waters of the Indian Creek are
classified as B;NSW, which are primarily recreational and any use specified by the C
classification (including aquatic life propagation & survival, fishing, wildlife, secondary
recreation and agriculture). NSW is a "supplemental classification intended for waters needing

Field Investigation Report
Page 3
additional nutrient management due to being subject to excessive growth of microscopic and
macroscopic vegetation". Indian Creek is described as being "Inland Water", is accessible by
canoe and kayak and is at the end of a designated paddle trail.
Adjacent uses to the property are residential, passive recreational and farming. The property is
shown on the NC North Carolina State Historic Preservation office map as site CO0244, but is
not listed on the National Historic Register. Access to the site is from Dillard's Mill Road and a
gravel drive at the existing mill house on the south side of the berm/dam. The shoreline length
on the east side of the breach is -365', and 764' on the west side of the breach. According to
the Chowan County GIS the property consists of -5.5 acres. A significant area of the property
consists of non -coastal wetlands.
Development Proposal
The applicants have authorized Chowan County to seek a CAMA Major Permit to fill a breach
in an existing 450' long earthen berm/dam at Dillard's Millpond created during Hurricane
Matthew in 2016. The breach at its widest point is 45' and 74' at its longest point, and connects
the old millpond to Indian Creek. The average measurements are 32' x 48.6' for-1,555 square
feet (sf). The entire project area falls within the Public Trust Shoreline and Public Trust Area.
Water depths in the pond range from -1' to -5', while the depth in the center of the breach
reaches a depth of -7'.
The project will include the placement of a geotextile fabric base on the pond side of the project
and within the breached section of the berm/dam. Class 1 rock will be placed over the
geotextile base and the entire length of the project fill area as shown on page 5 of 8, of the
submitted plans. Class 2 rock will be placed over the Class 1 rock in the breach and on the
Indian Creek (downstream) side of the proposed fill area. The applicant proposes to place
packed sand over the Class 2 rock on the pond side of the fill area and within the 10' wide top.
The finished slop within the breach will be 2:1 on the pond side and 9:1 on the Indian creek
side of the dam. Additional strengthening around the breach is requested and will include the
placement of Class 1 rock on 3,060sf of high ground within the existing berm/dam. The
repaired berm will not be open to vehicular or foot traffic upon completion.
Woody material will be removed from the work area prior to the placement of the geotextile
fabric and placed along the side of the existing berm landward of the adjacent wetland area on
the Indian Creek side of the property, within the side slope of the existing berm/dam. While
there are vegetated wetlands on the property the work area will be within the water areas and
the existing berm/dam. Work will be accomplished by using a bulldozer, backhoe and dump
truck; and stored in the existing rock parking lot when not in use. The parking area while
outside of a CAMA Area of Environmental Concern, will be re -graveled as a part of this project.
RECEIVED
Anticipated Impacts
1) Loss of 1,555sf of shallow water bottom habitat. JUN - 3 2019
2) Reduction in anadromous fish spawning habitat within Dillard's Millpond. DCM-MHD CITY
3) Filling of 3,060sf of high ground.

Field Investigation Report
Page 4
4) An increase in water level within the pond is anticipated with the construction of the
berm/dam plug.
5) Temporary increase in turbidly during construction in surrounding waters.
6) During the project it is anticipated that noise levels will increase above surrounding
background (ambient) levels at the construction site and from heavy equipment.
Submitted By: Lynn Mathis
Date Completed: May 22, 2019
RECEIVED
JUN - 3 2019
DCM-MHD CITY

Received
Major Permit Application for Repairs to Brownrigg-Dillard's Mill Berm NC'(
in Chowan County
Project Narrative: DMEC
Brownrigg-Dillard's Mill was constructed by Richard Brownrigg in 1762. Built near a dam on
Indian Creek, the mill consisted of a sawmill and a cotton gin on one end and on the other end
there were corn and flour mills. The mill was built very well with large millstones quarried and
honed near Hudson River and was fully operational for over two centuries. In 1948, the original
mill was sold to Walter O. Lane and H. Fahey Byrum Sr. In 1970, the original mill was destroyed
and replaced by a motor -powered mill. Corn meal was still produced and sold to local grocers.
In 2006, "Lane and Byrum's Mill" was recognized as the last gristmill operating in Chowan
County. Thanks to Lane and Byrum's preservation efforts and long desire for public access and
recreation use of the adjacent millpond; the property was named the Brownrigg-Dillard's
Millpond Park and became a place for public access. In 2016 both Tropical Storm Julia and
Hurricane Mathew washed out a section of berm on the millpond. Since then the water level in
the millpond is minimal. In 2018 Chowan County received disaster funding from FEMA to assist
in the repairs of the berm.
Key Design Points
• The project is filling the berm breach with rock.
• The repairs are necessary to protect the millpond, but will not serve as a road or path
for public access.
• The repairs are within the footprint of the berm and will not impact adjacent wetlands.
• Roots and woody debris excavated from the damaged section of berm will be deposited
on the creek side of the berm slope and not in wetlands.
• The fish ladder elevation is 2 feet below the elevation of the emergency spillway and
rock repairs, and will function normally with the ebb and Flow of the Chowan River,
Indian Creek, and millpond levels.
The area of rock within the high -ground 30 ft buffer is 3,060 sq. ft (Sheet 1). A 1,555 sq. ft. area
of the berm breach will be repaired with rock (Sheets 5,7). The fill area is irregularly shaped
with a maximum 45 ft x 74 ft. The placement and volumes of geotextile fabric, Class 1 rock,
Class 2 rock, and packing sand in the breach are shown on Sheet 5. Roots and other woody
debris will be placed in two areas on the creek side of the berm and within the berm footprint
as shown on Sheet 6. The repairs will be made within the footprint of the berm and will not
impact adjacent wetlands.
Access to the site will be from the gravel parking area off Dillard's Mill Road. Any damage to the
parking lot and berm will be repaired with crush -run gravel (Sheet 8).
The proposed repairs are shown on the attached site plan and designs.
Attachments
• Site Plans 1:100 and 1:20 RECEIVED
• Sheet 1— Aerial image of breach repair area
Page 1 of 2 JUN - 3 2019
DCM-MHD CITY

Received
Major Permit Application for Repairs to Brownrigg-Dillard's Mill Berm V4V 2 ; i-:
in Chowan County
_n. -- C
• Sheet 2 - Elevations and cross sections pipe spillway, breach channel, fish ladder
�-��
• Sheet 3 - Profile view of rock elevations - water levels
• Sheet 4 - Rock placement cross sections
• Sheet 5 - Materials and placement
• Sheet 6 - Woody debris placement areas
• Sheet 7 - Berm breach repair areas
• Sheet 8 - Access repair areas and materials
Page 2 of 2
RECEIVED
JUN - 3 2019
DCM,MHD CITY

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This web site Is being pro lded for the benefit of the general public.
The enure risk assoclated with the use of this site Is on the end
user. fb Iepr eaentatlon Is made that this web a", will meet the
spepncu regphemenls of any parson or writ operate error free or
wdhout h emuptlon. All other canditlons or wri nanues, expressed
.Implied are dlsclsimed. In he dent will the County or Alles
Geographic Data, Ix. be lable for any loss of use, business
interruption, loan of profits, lose of data or InddeMel/conseguenbal
damages arising from the use of this web slle. The County and
Atbs Geographic Data, Inc make no warranties or representations
as To the accuracy of Informatloo on tNs web are. rwr, do they
assume any liability or respomm fbility he any shows or omlasloIn
'a content. It is the sole responsidli y of the end user to evaluate
the a...,, completeness,. useful. of any Information,
opinion, alai,, mother conlent..Jade though this web site.
Melissa Radke
Tax Administrator
252-482-8486 (ext 837)
PIN:
OWNERI:
OWNER2:
SITUS-ADDR:
ACRES:
LAND_VAL:
BLDG VAL
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BYRUM. EMILY 8 -TRUSTEE:
408 DILLARD'S MILL AD
4.18
22180
8420
33760
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20180816
00508/0282
DILLARD% MILL
ROCKYHOCK
G011IF02
00508/0282
33760
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DCM-EC
RECEIVED
JUN - 3 Z019
DCM-MHD CITY
1/1

217/2019 Print
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3002 13000
Chowan County, NC PIN
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This web are is being provided for the benefit of the general public. SrrUS-ADOR:
The entire Re k associated wurh the use of this site is on the end ACRES'
user. No upresenutlon Is made fhet this web site will meet the
specific requirements of any person or will operate error free or
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without Interruption All other conditions or warranties, expressed BLDG VAL:
ce implied ere disclaimed, ki no event will the County or Alias TOT_VAL:
Geographic Data, Inc. be liable for any lose oluse, business SALE -PRICE:
interruption, loss of profile, loss of date or incidental/consequential SALBpT:
damages MsWV from the use of this web sure. The County end
Alias Geographk Data, 1. make no warranties arrepresentatlons DEED BK.PG:
as to the accuracy of information on this web me, nor do they PROP—DESC:
.same my liability or responsibility for any errors or omissions in TWP_NAME'
Its content It Re The sole responcibildy of the end user to evaluate TAXCOF
The accuracy, completeness, or usefulness of any Information.
opinion, advice, or other content avail able through this web site. DEED_81LPG:
TOT_VAL:
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Melissa Radke
Tax Administrator
252-482 8486 (ext 837)
http://apps.agdmaps.camlpdnt/ne/ohmanfiindex.html?PI N=698100604550
698100604550
BMM, MRCHELL RU&Y
426 DILLARD'S MILL RD
5.5
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DILLARD'S MILL TRACT
ROCKY HOCK
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RECEIVED
JUN - 3 Z019
L)C.hA-MHD CITY
Received
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DCM-EC '"

Edenton-Chowan Recreation Department
P.O. Box 1030
Edenton NC 27932
Agriculture Extension Building Northern Chowan Community Center
730 N. Granville Street/ Suite C 2869 Virginia Road
Edenton, NC 27932 Tyner, NC 27980
252.482.8595 252-221.4901
February 14, 2019
Emily Byrum
2243 VA Road
Edenton, NC, 27932
Dear Ms Byrum,
The Edenton-Chowan Recreation Department is applying for a Major Development
Permit from the North Carolina Division of Coastal Management for work needed to
repair the berm at Dillard's Millpond. Damage occurred during Hurricane Mathew in fall
2016. 1 mailed you previously a required Adjacent Landowner Notification Form required
for the CAMA Major Permit application.
We are requesting your permission to access the berm through your property and the
existing public access off Dillard's Mill Road. We would be bring in construction
equipment such as an excavator, dump truck, and backhoe. Rip rap rock and sand for
the repairs would be staged off the gravel lot and then moved across the top of the
berm to damaged section of berm. I want to assure you that the entrance road and
gravel parking area will be restored to the original condition upon completion of the
berm repairs. The county wants to ensure easy and safe public access to the millpond.
If you are in agreement with this request, please sign and date the letter below and
return to my attention at 730 N Granville Street, Edenton, NC 27932.
Thank you for your consideration, and please call me if you have any questions.
Sincerely,
67w,"V" az ----
Shannon S Ray
Recreation Superintendent
Emily ByrurfY
Date: �?j
PA 19
RECEIVED
JUN - 3 Z019
DCM-MHD CITY
Received
DMEV

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date: February 11, 2019
Name of Property Owner Applying for Permit: Mitchell F. Byrum
Mailing Address: 426 Dillard's Mill Road, Edenton, NC 27932
I certify that I have authorized Shannon Ray to act on my behalf, for the purpose of
applying for and obtaining all CAMA Permits necessary to repair the berm at Brownrigg-
Dillard's Mill Chowan County.
This certification is valid thru February 11, 2020.
Property Owner Signature
Mitchell F. Byrum
Date:
,/
RECEIVED
Us ,v,s-mlrlD CITY
Recelveo
0)(11 WE G

Edenton-Chowan Recreation Department
P.O. Box 1030
Edenton NC 27932
Agriculture Wenslon Building
730 N. Granville Street/ Suite C
Edenton, NC 27932
252-482-8595
April 17, 2019
Dillard's Mill Berm Repair
Major Permit Application
To Whom it May Concern:
Northern Chowan Community Center
2869 Virginia Road
Tyner, NC 27980
252.221.4901
I hereby certify that the proposed repairs to the berm at Dillard's Mill complies
with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), and the North
Carolina Environment Policy Act.
Sincerely,
Shannon Ray
Agent RECEIVED
Recreation Superintendent
Edenton-Chowan Recreation Department
730 N Granville St. Suite C UU vl-MHD CITY
Edenton, NC 27932
Phone: [phone]
Fax:[phone]
.Received
DMEC

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
I hereby certify that I own property adjacent to _Mitchell F. Byrum 's
(Name of Property Owner)
property located at 426 Dillard's Mill Road,
(Address, Lot, Block, Road, etc.)
Indian Creek in Edenton, N.C.
(Waterbody) (City/Town and/or County)
Agent's Name #: Shannon Ray Mailing Address: 730 N Granville St, Suite B, Edenton, NC
27932
Agent's phone #: [phone]
The applicant has described to me, as shown below, the development proposed at the above
location.
_(� I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION ANDIOR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See attached project description and site drawing.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15'setback requirement.
I do not wish to waive the 15'setback requirement.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at
www.nccoastafmangement.net/contact_dcm.htm or by calling 1-888- 4RCOAST, No response is considered
the same as no objection if you have been notified by Certified Mail.
(Property Owner Information)
6)z-
Signature f )
Shannon Ray (/
Print or Type Name
730 N Granville St. Suite C
Mailing Address
Edenton, NC 27932
City/State/Zip
252-482-8595
Telephone Number
February 11, 2019
Date
(Riparian Propert Owner Information)
X RECEIVED
Print or Type Name
Mailing Address
JUN - 3 2019
� M-MHD CITY
City/state/zipq � - 3 3 /_3 �rPP
Telephon Num er
a 4 7)/q
Da-�
Received
o G M-Ear

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
I hereby certify that I own property adjacent to Mitchell F. Byrum�_'s
(Name of Property Owner)
property located at 426 Dillard's Mill Road,
(Address, Lot, Block, Road, etc.)
Indian Creek in Edenton, N.C.
(Waterbody) (City/Town and/or County)
Agent's Name #: Shannon Ray Mailing Address: 730 N Granville St, Suite B, Edenton, NC
27932
Agent's phone #: [phone]
The applicant has described to me, as shown below, the development proposed at the above
location.
_5ff4d I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill in description below or attach a site drawing)
See attached project description and site drawing.
WAIVER SECTION RECEIVED
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you U N - 3 2019
wish to waive the setback, you must initial the appropriate blank below.)
_ I do wish to waive the 15'setback requirement.
I do not wish to waive the 15'setback requirement > ^M-MHD CITY
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at
www.nccoastalmangementnet/contact_dcm.htm or by calling 1.888- 4RCOAST. No response is considered
the same as no objection if you have been notified by Certified Maii.
(Property Owner Information)
Signature
Shannon Ray
Print or Type Name
730 N Granville St. Suite C
Mailing Address
Edenton, NC 27932
City/State/Zip
252-482-8595
Telephone Number
February 11, 2019
Date
(Riparian Property Owner Information)
�V
SignaRlre
STM N6 Wt%�{AMSoN
Print or Type Name
33z Dtl t�aR D'S Mtw .
Mailing Address
Tyr -A M t NG . a7980
City/State/Zip
I!57- 63L, 3666 cti 3-0S 401 7318
Telephone Number
Date RecelveO
0t. m-EC

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
I hereby certify that I own property adjacent to _Mitchell F. Byrum s
(Name of Property Owner)
property located at 426 Dillard's Mill Road,
(Address, Lot, Block, Road, etc.)
Indian Creek in Edenton, N.C.
(Waterbody) (City/Town and/or County)
Agent's Name #: Shannon Ray Mailing Address: 730 N Granville St, Suite B, Edenton, NC
27932
Agent's phone #: [phone]
The applicant has described to me, as shown below, the development proposed at the above
location
no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See attached project description and site drawing.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (if you RECEIVED
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15'setback requirement. — 3 ZQ19
I do not wish to waive the 15'setback requirement. JUN
DCM-MHD CITY
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at
www.nccoastaimangementneUcontact dcrn.htm or by calling 1.888- 4RCOAST. No response is considered
the same as no objection if you have bean notified by Certified Mail. j
(Property Owner Information)
Signature
Shannon Ray
Print or Type Narne
730 N Granville St. Suite C
Mailing Address
Edenton, NC 27932
City/StatelZip
252-482-8595
Telephone Number
February 11, 2019
Date
(Riparian roperty wner Information)
Signature
��l c�;/,�, /1/rbr E�iv%l} �icer
Print or Ty ame
l (3 141�00t r dr.
Mailing Address
� ,;e 2 7 ?
Received
DCN1-EC
0

OK034OPGO294
Filed for Record in the office of the
Register of deeds, Chowan County, N. Carolina
e(;(AIVe. at 3.'S2, o'clock P M., on the_
A2n A day of .,
and RECORDED in J�ABook
No. 347 page -R-1!4 a1'S7
DG p A-� C` Susan S. Rountree — Register of Deeds
1.+IN1 `
Kenton to:Rest Property �/
Chowan Cmmty StdTAttomey NORTH xciee 6tampf 1k.,r,,, �.S OS(IJy
Edenton, NC 27932 CAROLINA
STATEOFNORTHCAROIJXA Part of PIN# 49040"11 _
COUNTY OF CHOWAN �/
CONSERVATION EASEMENT
This CONSERVATION EASEMENT is granted on this gL�day of Y),C) ca,
2005, by and between H. F. Bynum, Jr. and wife and wife Emily B. Byrum, collectively as
Grantor, and Chowan County, North Carolina a political subdivision of the State of North
Carolina, as Grantee.
WITNESSETH:
z
Whereas Grantor is die sole owner in fee simple of a parcel of land lying both in
Wardville (Third) and Rocky Flock (Second) Townships of Chowan County, State of North
Carolina as described in Exhibit "A" attached hereto, incorporated herein by reference and
referred to as the "Property", and upon which was previously located the historic Brownrigg-
Dillard's Gristmill and Sawmill adjacent to and separating two bodies of water now commonly
referred to as Indian Creek and Dillard's Millpond; and
Whereas the Grantor and Grantee mutually desire that this Conservation Easement constitute
an instrument created under the provisions of the Conservation and Historic preservation Agreements
Act as cited in Article 4 of Chapter 121 of the North Carolina General Statutes [NCGS 121-34, et seq.I
for the specific purpose of preserving and conserving the Property in its natural state, including the
actual dam and existing mill buildings, and to provide the Property for environmental, educational,
scientific, and recreational use by the public; and
The characteristics of the Property, in its current use and state, are natural areas surrounding
the waters of a mill pond which feed to Indian Creek, including a small mill building and accessory
building. The mill is commercially operating and the Property serves as access from Dillard's Mill
Road (NCSR 1226) to the western portion of the millpond.
NOW, T IEREFORE, in consideration of the premises and the mutual benefits recited above,
together with other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties hereto, and subject to the restrictions and covenants cited below, the
Grantor hereby gives, grants and conveys forever and in perpetuity to the Grantee, its successors and
assigns, and the Grantee hereby accepts, a Conservation Fasement in, over, through and across the
RECEIVED
JUN - 3 2019
DCM-MHD CITY

8K0348PG0295
Property as described in Exhibit A attached hereto, together With the right to preserve and protect the
conservation values of the Property as described above.
The purposes of this Conservation Easement are to restore and protect the wildlife and natural
heritage values of the historic Brownrigg-Dillard's Mill Pond dam area and it shall be so held,
maintained, and used therefore. It is the titrther purpose of this Easement to prevent any use of the
Property that will signillcently impair or interfere with the preservation of said conservation values.
Grantor intends that this easement will restrict use of the Property to such activities as are consistent
with the purposes of conservation.
Grantee, and all members of the public as allowed at reasonable and safe times by established
rules and policies of the Grantee, shall have the perpetual right to enter in, on, or across the Property to
enjoy it as a natural and conservation area.
Neither Grantee nor Grantor shall remove, after, relocate, erect, or construct any permanent
structures of any type on the Property unless both Grantor and Grantee mutually agree in writing.
Notwithstanding this restriction, Grantee shall have the right to erect necessary dam and shoreline
restorative protections, and shall have the right to construct a small open shed on the Property for the
storage of canoes and kayaks.
Neitlw Grantee nor Grantor stall cause any living trees or vegetation of any type to be cut
and/or removed from the Property unless the patties mutually agree in writing.
The Property covered by this Conservation Easement shall not be subdivided.
This Conservation Easement, including all its terms and conditions, shall exist in perpetuity. It
is an easement in gross, runs with the laud, and the terms are enforceable by each of the parties hereto,
including their successors and assigns, as applicable.
Pursuant to its continuing title ownership of the Property, Grantor, his successors and assigns,
reserves the right to engage in or permit others to engage in uses of the Property that are not
inconsistent with the purpose(s) of this Easement as granted to Grantor and accepted by the Grantee.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed the day
and year first above written, and the Grantee has accepted the grant and caused the instrument to
be, executed and sealed as authorized.
(seat)
H. P. B— 777 QQQ
,lull. - 4
t R:fH CAROLINA
RECEIVED
,IUN - 3 2019
DCM-MHD CITY
1,
a Notary Public of the County and Slott aforesaid, eerily that both H.F. Byrum,
Jr. and his wife Emily B.
nm t personally came before me this day and acknowlodged the due execution "!moo,
foregoing insimmenr.
B. 8
Witness my trend and official slump or soil, ibis
My Commission Expires: ,0-QS- (31)

*0348KO296
ACCEPTANCE
The conveyance of the foregoing Conservation Easement is hereby accepted and the
terms and conditions therein acknowledged.
CHOWAN COUNTY
BYY:
oodwin, Chairman
tv Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
Ccw v ie
1, mS Notary Public, do hereby certify that B.
v Uw"MOR6AN personally came before me this day and acknowledged that she isle
Chowan County Board of Commissioners, a body politic, and that by authority duly
given and as the act of the Board, the foregoing instrument was signed in its name by its
Chairman, sealed with its corporate seal, and attested by herself as its Clerk.
Witness my hand and notarial seal, this the _2Z. day of 2005.
No Public
My commission expires: , O(p RECEIVED
JUN — 3 2019
IOTA "'%'Op DCM-MHD CITY
AVso !n=

P034OP60297
EXHIBIT A
All that certain parcel of land lying in both Wardville (Third) Township and Rocky Hock
(Second) Township, Chowan County, North Carolina and being described and shown as
"Parcel Two" consisting of 1.38 acres on that map entitled "A Survey and Plat Showing
Conservation Easements for Chowan County" dated November 9, 2005 prepared by
Josiah A. Webb, ID, PLS #L-2989 and recorded in Plat Cabinet _�Slide 4S--_Z
of the Chowan County Register of Deeds. The described area being a portion of the
propgrty described as Tract 9 in a deed from H. Fahey Byrum and wife Rosa Mae Byrum
to 1{. F. Bynum, Jr. and wife Emily B. Byrum recorded in Deed Book 185, page 535 of
the Chowan County Register of Deeds.
RECEIVED
JUN - 3 2019
DCM-MHD CITY

Filed. MitiMi909049 PM
Lymi C. Odhard. Register of Deeds
Chowan County. NC
Boots 508 PAGE 285 (3)
413113 liiiiiiiiiiilll
i�9Et•Go-�c-N55oj%
CORRECTION AFFIDAVIT
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
Micah R. Simonsen, being first duly sworn, deposes and says:
1. That a written Instrument (the "Instrument") was recorded in the Office of the
Register of Deeds of Chowan County, North Carolina, being more particularly described
as follows:
Name or Type of Instrument: General Warranty Deed
Date of instrument: August 13, 2018
Original Parties to Instrument: Emily B. Byrum, Trustee, or her successors In Interest, of
the Byrum Joint Revocable Trust dated March 20, 2015, and any amendments thereto,
party of the first part to Mitchell Fahey Byrum.
Recording Information of Instrument — Date: August 15, 2018
JUN - 312019
DCM-MHD CITY

N
Book: 508 Page: 265
2. That the Instrument contains the following typographical or other minor error (the
"erroYff): The Instrument was recorded in the wrong order. This Instrument was to be
recorded subsequent to the recording of the deed dated August 13, 2018, from Emily B.
Byrum, individually, and Emily B. Byrum, as executrix of the Estate of Hiller Fahey
Byrum, Jr., party of the first part, to Emily B. Byrum, Trustee, or her successors In
Interest, of the Byrum Joint Revocable Trust dated March 20, 2015, and any
amendments thereto, party of the second part, duly recorded at Book 508, Page 269, of
the Chowan County Register of Deeds.
3. That the following is the correct Information which I believe should have appeared in
the Instrument.
1110t
A
4. A copy of the Instrument is attached.
5. That this Affidavit is prepared, executed and recorded pursuant to N.C.G.S. § 47-
36.1, for the purpose of giving notice of the error contained therein.
Given this 160 day of August, 2018.
Affiant:
Micah R. STM56ien
RECEIVED
JUN - 3 2019
DCM-MHD CITY

awk S06
STATE OF NORTH CAROLINA Page 287
COUNTY OF CHOWAN
1, John Morehead, Notary Public, for Chowan County, North Carolina, do hereby
certify that Micah R. Simonsen this day personalty appeared before me and
acknowledged the due execution of the foregoing instrument for the purposes therein
expressed.
Witness my hand and official seal, this the 16'^ day of August, 2018.
My Com. Expires: l9PRT0. 10.2.2
(NOTARIAL SEAL)
1 B-G.t-C 1�Gle-rr�C�
otary Public
AN - 3 2019
DCM-MHD CITY

Fled DBn SMIS 04./6.31 PM
beA9 acr•5z -0493
Lynn C Gdimrd. Register of Deeds
Chowan County, NC
bAWdp.65-5856
Revenue Tax: $0.00
�qy pp.76•p3py
Land Transfer Tax. $0 00
Book 508 PAGE 269 (9)
�+i9tL�rlb-8E+59
41683
/I3121
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68A4"ae6 6Y,20
C�BT/coiJG-ani 67WCtyA:,716L
GENERAL WARRANTY DEED bI
60/-LC'-e�//560
idp9mr/-cmz�-
fiA80-[[r-da6�L5lo
�.
PREPARED BY MICAH R. SIMONSEN, SIMONSEN LAW FIRM, P.C., POST OFFICE BOX
848, EDENTON, NORTH CAROLINA 27932
MAIL AFTER RECORDING TO: Emily B. Byrum
2243 Virginia Rd.
Edenton, NC 27932
NO TITLE SEARCH PERFORMED
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN ?7� k`
THIS DEED, made this the 1,L day of August, 2018, by and between, Emily B.
Byrum, individually, and Emily B. Byrum, as executrix of the Estate of Hiller Fahey
Byrum, Jr., whose address is 2243 Virginia Rd., Edenton, NC 27932, party of the first
part, to Emily B. Byrum, Trustee, or her successors In Interest, of the Byrum Mint
Revocable Trust dated March 20, 2015, and any amendments thereto, whose address is
2243 Virginia Rd., Edenton, NC 27932, party of the second part:
WITNESSETH: That for and In consideration of the sum of Ten Dollars and other
considerations in hand paid by the party of the second part to the party of the first part,
receipt of which is hereby acknowledged, the said party of the first part has bargained,
RE CEIVED
JU 4 - 3 2019
DCM MHD CITY

Book 506
page 270
sold and conveyed and by these presents does bargain, sell and convey unto the said
party of the second part a fee simple estate in the following described lands, to -wit:
Those certain tracts or parcels of land In Chowan County, North Carolina, more
particularly described as follows: Those parcels of land in Second Township, described
in deed from Joseph Carroll Byrum, Jr., et ux, to H. F. Byrum, duty recorded in Deed
Book 108, page 647, as follows:
Tract 1: That certain tract of land known as Norfleet's point, containing 44 acres,
more or less, and more particularly described In Deed Book 11, page 177, Chowan
County Public Registry,
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry for
further description and chain of title.
This tract has Chowan County PIN 688800991478.
Tract 2: That certain tract of land adjoining the Pierce land and the Bunch land,
situate on the road leading from Evans Methodist Church to the River Road, containing
87-1/2 acres, more or less, described in Deed Book 5, page 601, known as the L. R.
Bunch tract.
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry for
further description and chain of title.
This tract is commonly known as the L. R. Bunch•Homeplace, and has Chowan
County PIN 688900520293,
Tract : That certain tract of land, containing 94 acres, more or less, known as
the Parker tract, more particularly described In Deed Book R-4-94, Chowan County
Public Registry.
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry for
further description and chain of title.
This tract has Chowan County PIN 688900618156.
Tract 4: Tract of land containing 72.68 and 2.9 acres, more or less, known as the
Noses Boyce Estate land, more particularly described In Deed Book 93, page 483.
RECEIVED
JUN - 3 2019
DCM-MHD CITY

Book 508
Page 271
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in look 185 page 535, Chowan County Public Registry for
further description and chain of title.
This Tract is commonly known as the John F. White -Moses Boyce Tract and has
has Chowan County PIN 689900655856.
And the following tracts:
Tract 5: That certain tract of land In Second Township, conveyed to H. Fahey
Byrum by deed of J. Carroll Byrum, et ux, duly recorded in Deed Book 115, page 113,
and described therein as follows: That certain tract or parcel of land, containing 3.06
acres, as shown on a certain map or plat prepared by T. J. Jessup, Registered Surveyor,
dated November 29 1975, entitled "Byrum Farms Incorporated — Lindsey Dillard Tract"
which map Is now duly recorded in the office of the Register of Deeds, Chowan County,
North Carolina, in Plat Book 8, page 33, and Is a portion of the identical real property
conveyed to Lindsey Dillard by a certain warranty deed dated August 16, 1958, and
recorded In Deed Book 14, page 230, and is the Identical real property conveyed to H.
Fahey Byrum and J. Carroll Byrum by a certain warranty deed dated April 1, 1976, and
recorded In said office in Real Estate Book 109, page 625, and reference is expressly
made to said map and deeds for further description and chain of title.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded In book 185 page 535, Chowan County Public Registry
for further description and chain of title.
This Tract is commonly known as the Dillard Tract and has Chowan County PIN
689900760307.
Tract 6: That certain lot or parcel of land containing being more particularly
described as "H. Fahey Byrum, Jr. Et ux. 1.19 acre Lot as located and sketched based
on Deed Book 20, page 490" on a survey by Josiah A. Webb, III dated June 23, 2015,
entitled "A Survey and Plat for Joseph Carroll Byrum, III, and H. Fahey Byrum, Jr.,
Second Township — Chowan County — North Carolina," a copy of which is recorded In
Plat Cabinet 2, Slide 76-G, Chowan County Public Registry, reference to which is made
for a more particular description.
See the deed from Joseph C. Byrum, III, et ux., to H. Fahey Byrum, Jr., et ux.,
dated September 3, 2015 and recorded In book 479 page 325, Chowan County Public
Registry. See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry
for further description and chain of title.
RECEIVED
JUN - 3 2019
DCM-MHd CITY

book 500
page 272
This Tract is commonly known as a portion of the Churchill Tract, and has
Chowan County PIN 688900913911.
Tract 7: A parcel of land in Second Township, conveyed to H. F. Byrum by deed
of Undsey Dillard, et ux, duly recorded in Book 137, page 507, and described therein as
follows: That certain tract or parcel of land situate on N.C. Road No. 1314, containing
2.34 acres as shown on that certain map or plat dated March 17, 1981, prepared by
Eugene N. Jordan, Registered Surveyor. A copy of said survey is attached to said deed
as "Exhibit A" and expressly made a part thereof. See also the deed from H. Fahey
Byrum, et ux, to H. F. Byrum, Jr., and wife dated January 4, 1991, recorded in book
185 page 535, Chowan County Public Registry for further description and chain of title.
This Tract is commonly known as the Dillard -Williams Tract, and has Chowan
County PIN 689900668859.
Tract 8: A certain parcel of land in Second Township, Chowan County, North
Carolina, conveyed to H. F. Byrum by deed of William P. Felton, et als, duly recorded in
Book 13, page 406, Chowan Registry, and described therein as follows: Beginning at a
point 30 feet from the center of River Road, culvert at a branch, said point constituting
the southwest corner of William P. Felton lands; thence North 18 degrees 30 minutes
East .72 chains; thence North 22 degrees West 72 chains; thence North 39 degrees
East 1.77 chains; thence North 8 degrees 30 minutes East 1.05 chains; thence North 15
degrees 30 minutes West 1.89 chains; thence North 34 degrees East 1.14 chains;
thence North 21 degrees East .74 chains; thence North 50 degrees East 1.78 chains;
thence North 12 degrees East 1.57 chains; thence South 74 degrees West 1.98 chains;
thence North 76 degrees West 1.80 chains; thence North 33 Degrees West .85 chains;
thence North 24 degrees West 90 chains; thence due South 4.05 chains; thence South
5 degrees West 4.70 chains; thence South 4 degrees East 1.50 chains; thence South 25
degrees East 1.00 chains; thence South 42 Degrees East 1.00 chains; thence South 64
degrees East 1.74 chains to the point of beginning, containing 5.5 acres according to
survey plat of T. 3. Jessup, Registered Surveyor, said plat dated August 200, 1955.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry
for further description and chain of title.
This Tract Is commonly known as the W. P. Felton Tract and has Chowan County
PIN 698000694583.
Tract 9: A certain parcel of land in First and Second Township, known as a part
of the Dillard Mill or Nixon Mill Property, conveyed to H. F. Byrum by deed of record In
Book 169, page 692, Chowan County Registry, situate on the South side of Indian
Creek, and being bounded on the West by River Road, on the South by lands of the
Cross Roads Fire Department, on the East by Dillard Mill Pond and on the North by the
RECEIVED
JUN - 3 2019
DOA4AND CITY

Book 508
Page 273
run of said creek, across which Ile lands of Water Lane. This is a portion of a certain
tract conveyed to H. F. Byrum and Water Lane by deed of record in Book 7, page 535,
Chowan County Registry, subject to the right of Walter 0. Lane to use and operate the
Grist MITI Stuate upon the premises for the term of his natural life.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded In book 185 page 535, Chowan County Public Registry
for further description and chain of tide.
This Tract Is commonly known as Dillard's Mill and has Chowan County PIN
698100604211.
Tract 10: That certain parcel of land in Second Township, Chowan County,
North Carolina, situate on the East side of N.C. Highway 32, known as the H.F. Byrum
and wife, Rosa Mae Byrum residence, containing 1 acre, more or less, being bounded
by the aforesaid highway and Byrum lands.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in took 185 page 535, Chowan County Public Registry
for further description and chain of title.
This parcel parcel is commonly known as the former residence of H. Fahey
Byrum and wife Rosa Mae Byrum, and has Chowan County PIN 689900062252,
Tract 11: That certain tract or parcel of land in Second Township, Chowan
County, North Carolina, known as the T.C. White place or the 3. C. Byrum Homeplace,
containing 137.6 acres, more or less as described in deed of record In Book 13, page
53, Chowan County Public Registry, and for further reference see deed In Book 108,
page 647, Chowan Registry.
This property, or a portion thereof, is subject to a Conservation Easement as
shown in the Deed of Conservation Easement dated December 9, 2004, and recorded in
book 388 page 652, Chowan County Public Registry.
This Tract is commonly known as the T. C. White Tract, and has Chowan County
PIN 688900856420.
Tract 12: That certain tract or parcel of land commonly known as the Bush Farm
Tract, containing 11.39 acres, more or less. See Chowan County Estate file number 74-
E-18 for a more particular description and chain of title.
This tract has Chowan County PIN 699000482262.
RECEIVED
(�C.njt�r�rif� CITY

OWk 508
Page 274
Tract 13: That certain lot or parcel of land In First and Second Township, known
as a part of the Dillard Mill or Nixon Mill property situate on the North Side of Indian
Creek and bounded on the West by the River Road, on the South by the run of said
Creek, on the North by the lands of Walter Lane and Pete Blanchard, and on the East
by Dillard Mill Pond and being a part of the lands conveyed to H. F. Byrum and Walter
Lane by deed dated July 7, 1948, duty recorded in Deed Book 7, page 335, Chowan
County Registry. See also the deed dated March 17, 2008 from H. Fahey Byrum, Sr., et
ux. to H. Fahey Byrum, Jr., recorded in book 393, page 550, Chowan County Public
registry for further description and chain of title.
This property, or a portion thereof, is subject to a Conservation Easement as
shown in the Deed of Conservation Easement dated November 21, 2005, and recorded
in book 34B page 294, Chowan County Public Registry.
This parcel is commonly known as the Dillard's MITI Tract and has Chowan County
PIN 6981006045S0.
Tract 14: That certain tract or parcel of land containing 131.18 acres, more or
less, located in Second Township, Chowan County, North Carolina, and being more
particularly described on a survey prepared by Godfrey & Associates Surveying, dated
July 14, 2002, and entitled "Property Being Conveyed To Hiller Fahey Byrum, Jr. and
Joseph Carroll Byrum, III", which survey is recorded in Plat Cabinet 2, Page 4D of the
Chowan County Public Registry, reference to which is made for a more particulae
description. Said parcel of land is the same as that described in a deed dated February
5, 1883, from Benjamin L. Evans and Wife to Zachadah Evans, which deed is recorded
in Deed Book Y, page 453 of the Chowan County Public Registry, and is also described
on a survey by W. J. Berryman, recorded in Plat Book 10, page 77 of the Chowan
County Public Registry.
The above -described tract or parcel of land was conveyed to Byrum Farms, Inc.
by deed from Mary Evans Cooper, et ux, et als, dated June 10, 2002, recorded in Deed
Book 290, page 519, Chowan County Public Registry. Said tract was acquired by Joseph
Carroll Byrum, Ili and Hiller Fahey Byrum, Jr., by deed from Byrum Farms, Inc, dated
September 30, 2002, and recorded in book 293, page 317 Chowan County Public
Registry. Said deed is referred to and made a part hereof for further description and
chain of title.
LESS AND EXCEPT: that certain lot or Parcel of land located In Second Township,
Chowan County, North Carolina containing 1 acre, more or less, and being more
particularly described on a survey by Josiah A. Webb, III, dated May 23, 2013, and
entitled "A Survey and Plat for Joseph Carroll Byrum, III, Second Township — Chowan
County — North Carolina," a copy of which is recorded In Plat Cabinet 2 slide 68A,
Chowan County Public Registry, as follows:
JUN -1 20!9
DC:M-MHD CITY

Book 509
Page 275
Beginning at a set Iron pin in the Western edge of the right of way of N.C.
Highway 32 (Virginia Road), which Iron pin Is located South 34 degrees 51 minutes 12
seconds West 64.71 feet from a P. K Nail Control marker in the south end of a concrete
headwall; proceeding thence from said Point of Beginning North 66 degrees 03 minutes
28 seconds West 183.67 feet to an Iron pin a comer; thence along the southern
boundary of the lands now or formerly owned by Ralph T. Wellman, et ux., South 74
degrees 01 minutes 23 seconds East 251.00 feet to an existing Iron pin In the Western
edge of the right of way of N.C, Highway 32 (Virginia Road), a comer; thence along the
Western edge of the right of way of N.C. Highway 32 (Virginia Road) South 17 degrees
24 minutes 08 seconds West 59.6 feet to a point; thence continuing along said right of
way South 20 degrees 40 minutes 52 seconds West 101.54 feet to a point; thence
continuing along said right of way South 25 degrees 01 minutes 35 seconds West 52.15
feet to the point and place of BEGINNING.
This tract Is commonly known as the Dolby Farm and has Chowan County PIN
69B000808456.
Tract IS: That certain lot or parcel of land located in First Township, Chowan
County, North Carolina, being more particularly described as follows:
BEGINNING at an Iron pipe in the western right of way of State Road No. 1314 at the
Southeastern comer of the H.F. Byrum Property, being .2 miles, more or less south of
the intersection of State Roads No. 1303 and 1314, thence South 36 degrees 51
minutes East 314.2 feet along said right of way to a point; thence South 53 degrees 09
minutes West 462.1 feet to a point; thence North 42 degrees 21 minutes West 362.4
feet to a point; thence North 58 degrees 30 minutes East 499.2 feet to the point and
place of beginning, containing 3.72 acres, as shown on that certain plat entitled "H.F.
Byrum Woodland" dated February 11, 1982, prepared by Eugene N. Jordan, Registered
Surveyor and recorded In the Office of Register of Deeds of Chowan County in Plat Book
10, page Reference is made to said plat for further description and chain of
title.
Said parcel Is the same parcel conveyed by Lindsey Dillard and wife to H.F.
Byrum by deed dated December 19, 1983 and recorded In Book 146 page 412 of the
Chowan County Public Registry. See also the deed from H. Fahey Byrum, Jr., et ux, et
al., to H. Fahey Byrum, Jr., dated January 12, 2010, recorded In book 418 page 227,
Chowan County Public registry for a more particular description and chain of title.
This tract has Chowan County PIN 689900760771.
TragL16: That certain lot or parcel of land in second Township, Chowan County,
North Carolina, known as the J. C. Byrum residence, containing 3 acres, more or less
and more particularly described as follows:
RECEIVED
JUN-32019
DCM-MHD CITY

Book 500
Page 276
BEGINNING at the intersection of the western edge of N.C. Highway No. 32 with
the southern edge of Rural Road 1224 and running thence along Highway No. 32 in a
southerly direction 410 feet; thence turning right and running parallel to Rural Road
1224, 265 feet to a comer; thence turning right and parallel to Highway No. 32, 410
feet to Rural Road 1224; thence right and along the edge of said road 265 feet to the
place of beginning.
This tract is commonly known as the J. C. Byrum Tract and has Chowan County
PIN 688900969337.
This Tract 16 contains the primary residence of the grantor.
Tract 17: A one half undivided Interest In and to that certain lot or parcel of land
located in Second Township, Chowan County, North Carolina, consisting of 1.00 acre,
and being more particularly described as Parcel Six on a survey by Josiah A. Webb, 111,
dated June 23, 2015 and entitled "A Survey and Plan for Joseph Carroll Byrum, III and
H. Fahey Byrum Jr " a copy of which is recorded In Plat Cabinet 2 slide 76-G, Chowan
Country Public Registry.
This lot has Chowan County parcel identification number 689900010622
TO HAVE AND TO HOLD the aforesaid lands with all rights and privileges
thereunto belonging or In anywise appertaining unto the said party of the second part
and her heirs and assigns, in fee simple forever.
And the said party of the first part for herself, her heirs and personal
representatives covenants to and with the said party of the second part, that she Is
seized of said lands In fee simple and has a good right to convey the same in fee
simple; that the said lands are free and clear of all encumbrances, SAVE AND
EXCEPTING, prior conveyances, rights of ways for highways and public utilities,
restrictions, covenants and easements of record, and ad valorem taxes for the year
2018 and subsequent years, and that she will forever warrant and defend the title to
the same against the lawful claims of all persons whomsoever. RECEI\IED
JUN - 3 2019
DCM-MHD CITY

Book 608
Page 277
IN WITNESS WHEREOF, the said party of the first part has hereunto set her
hand and seal, this the day and year first above written.
Z-ti/in i (SEAL)
i?m y 8. ByKim, inclMd Ily and as Executrix of the
Estate of Hiller Fahey Byrum, Jr.
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
1, % tLl S p Notary Public, for Chowan County,
North Carolina, do hereby certify that Emily B. Byrum this day personally appeared
before me and acknowledged the due execution of the foregoing instrument for the
purposes therein expressed.
Witness my hand and official seal, this the _ day of ttcyi . 2018.
Notary Public
My Com. Expires: �.= 2� Z 1
(NOTARIAL SEAL
EM-sl
Simonsen Law Firm, pC
ULICP.O. Box 948
d1NTY, NC EdentM NC 27932
RECE
JUN - 3 2019
DCM-MHD CITY

FILED n cmowm c,.ty, W
on 03/19/00 aR OXW •
susm s x
REGISTER OF 0EEM
BOOK 393 PAGE 550
ft o P". =
OHOWA.M _
COUNT-1-Y _—
DEED
Receivers
(14, I
DCM U"
Propegy
NORTH „r
""Re "Re st�p T.c
CAROLINA
PREPARED BY LARS P. SIMONSEN, SIMONSEN LAW FIRM, P.C., POST OFFICE BOX 848,
EDENTON, NORTH CAROLINA 27932
MAIL AFTER RECORDING TO: Mr. H. Fahey Byrum Sr.
2235 Virginia Road
Edenton, NC 27932
NO TITLE SEARCH PERFORMED
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
THIS DEED, made this the -aday of March, 2008, by and between H. Fahey
Byrum Sr. and wife, Rosa J. Byrum, parties of the first part, to H. Fahey Byrum Jr.,
whose mailing address is 2243 Virginia Road, Edenton, North Carolina, party of the
second part:
WITNESSETH: That for and in consideration of the sum of Ten Dollars and other
considerations in hand paid by the party of the second part to the parties of the first
part, receipt of which Is hereby acknowledged, the said parties of the first part have
bargained, sold and conveyed and by these presents do bargain, sell and� cgp�uED
AN - 3 2019
f)CM-MHD CITY
o78vi a4 -o

the said party of the second par an filsUNd!Ugns, the following described
lands, to -wit:
That certain lot or parcel of land in First and Second Township, Chowan County,
North Carolina, known as a part of the Dillard Mill or Nixon Mill property situate on the
North side of Indian Creek and bounded on the West by the River Road, on the South
by the run of said Creek, on the North by the lands of Waiter Lane and Pete Blanchard,
and 6n the East by Dillard Mill Pond and being a part of the lands conveyed to H. F.
Byrum and Walter Lane by deed dates July 7, 1948, duly recorded in Deed Book 7,
Pfqd sChowan County Registry.
TO HAVE AND TO HOLD the aforesaid lands with all rights and privileges
thereunto belonging or In anywise appertaining unto the said party of the second part
and his heirs and assigns, in fee simple forever.
And the said parties of the first part for themselves, their heirs and personal
representatives covenant to and with the said party of the second part and his heirs
and assigns, that they are seized of said lands in fee simple and have a good right to
convey the same in fee simple; that the said lands are free and clear of all
encumbrances, SAVE AND EXCEPTING rights of ways for highways and public utilities
and ad valorem taxes for the year 2008 and subsequent years, and that they will
forever warrant and defend the title to the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their
hands and seals, this the day and year first above written.
•E / ._ /.,P.
!� Z23 &e,2 (SEAL)
Rosa J. Byru
RECEIVED
JUN - 3 Z019
CJCNI.MHD CITY

BOOK 393 PAGE 551-A
STATE OF NORTH CAROLINA
COUNTY OF CHOWA(�N�
I, &y� 6 6, , , Notary Public, for Chowan County, North
Carolina, do hereby certify that H. Fahey Byrum Sr. and wife Rosa J. Byrum, this day
personally appeared before me and acknowledged the due execution of the foregoing
Instrument for the purposes therein expressed.
Witness my hand and official seal, this the 1-7+h day of March, 2008.
My Com. Expires: q— 0?6 l Notary Public
(NOTARIAL SEAL) ID _ K K62j
CHAMBLEE B SIMONSEN
NOTARY PUBLIC
CHOWAN COUNTY, NC
MY (,Mr*s10n Ex6res 12-19-2011
lP5/08Deeds/ByrumSr.boeyrumlr(Lane house) RECEIVED
JUN - 3 2019
DCM-MHD CITY

ROY COOPER
Gomnar
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Mitchell and Emily Byrum
426 Dillards Mill Road
Edenton, NC 27932
Dear Mr. & Mrs. Byrum:
NORTH CAROLINA
Environmental Quality
May 30, 2019
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of property located at 426 Dillards Mill Road, in Chowan County.
It was received complete on May 22, 2019 and appears to be adequate for processing at this time.
The projected deadline for making a decision is August 5, 2019. An additional 75-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.
If this agency does not render a permit decision within 70 days from May 1, 2019, 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 I I3A-1 19(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.
RECEIVED
JUN - 3 2019
DCM-MHD Ciry
Ninth Carolina Department of Environmental Qualily . Division of Coastal Management
Eheabeth City Office' 401 South Griffin Street, Suite: WO Elizabeth Citv.Vnrrh Carolina 2,404
252,264.3401

Mitchell and Emily Byrum
May 30, 2019
Page 2 of 2
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 Lynn Mathis, Field Specialist, if you
have any questions and or if you wish to receive a copy of her field report.
Sincerely,
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
RR/eg
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC
Shannon Ray, Chowan County Recreation Superintendent
RECEIVED
JUN - 3 2019
DCM-MHD CITY

NOTI(116"
CAM A PERMIT
APPLIED FOR
PROJECT: Fill a breach in the millpond berm that
connects Dillard's Millpond to Indian Creek
COMMENTS ACCEPTED- THROUGH --_ -June 25, 20,19
APPLICANT
Mitchell and Emily Byrum
426 Dillards Mill Road
Edenton, NC 27932
252-562-4584
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Lynn Mathis
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
252-264-3901, ext. 234

ROY COOPER NORTH CAROLINA
Governer Environmental Quality
MICHAEL S. REGAN
Searemrti
BRAXTON C. DAVIS
Virector
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
[e-mail]
FROM: Ella Godfrey
DATE: May 31, 2019
SUBJECT: Public Notice: Mitchell and Emily Byrum
Please publish the attached Notice in the Wednesday, June 5, 2019 issue of The
Coastland Times.
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 Melissa Sebastian, NC Division
of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557,
(Telephone [phone]).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Tricia Smith, PIO, DMF, Morehead City
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
RECEIVED
DQ JUN - 3 2019
— %�'� DCM-MHD Clue
North CaraUna L)epertmentof Envirantnental Quality D-.vnian of Coastal Management
Elizabeth City 0th" 401 South Cri(fin Street, Suite A01) Elirebeth City. North Carolina 27909
2522b43901

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an AEC as
designated under the CAMA was received on 05/01/19. Mitchell and Emily Byrum
propose to fill a breach in the millpond berm at 426 Dillard's Mill Road in Chowan County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 06/25/19, will be considered
in making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Wednesday, June 5, 2019
RECEIVED
JUN - 3 2019
D_E Q��
DCM-MHD CITY
North Carolina Department of Environmental Qualit r Division of Coastal Management
Elizabeth City office 1401 South Griffin Su eet. Suite 100 t Elizabeth CO.. North Carolina 2'909
252,264.3401

MAJOR PERMIT FEE MATRIX
/12iTmea
Applicant
46�' CMrddn/ «'.
�/,nrr/�wdG
,�j, l'-IItNNrM ��!C9
FEO]Idevelopment
Development Type
Fee
DCM %
(14300 1601 43510009311626 6253)
DWQ %
(243001602 43510009q2341)
. Private, non-commercial
that does not
$250
100% ($250)
0°l0 ($0)
nvolve the filling or
excavation of any wetlands
or o en water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or Open water areas:
Major Modification to a
$250
100% ($250)
0%($0)
CAMA Major ermit
III. For development that
or
involves the filling and/or
excavation of up to 1
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if1$400
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be applied:
III(B). Public or commercial
❑
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
60% ($240)
40% ($1
*CE)
4097 (see attached) could
be applied, but DCM staff
determined that additional
JUN - 3
review and written DWQ
concurrence is needed
because of concerns
DCM-MHD
related to water quality or
aquatic life:
Q
III(D). If General Water
Quality Certification No.
$100
60% ($240)
t0% ($160)
4097 (see attached) cannot
be applied:
IV. For development that
Ei
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
-D
all
ITY

77%
Received From:
Permit No.:
Applicant's Name:
Project Address:
NC Division of Coastal Management 7646 �B C D
Cashier's Official Receipt
Date: `- 20
Check No: l�d 3 I7
11
County: C/J.4 ZJ C <J
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:S
Date:
Date:
RECEIVED
JUN - 3 2019
DCM-MHD CITY

NC Division of Coastal Management
Major Permit Application Computer Sheet
(1110112012)
Applkant Mltcheiland EmilyByrum Date: 05222019
Project Site County: Chowan County
Staff: Lynn Mathis
District: SEfizabeth City ElWashington
❑Moorhead City ❑Wilmington
Project Name: Dillard's Mill Berm Repair
Rover File: WA
Let: 36°13'45.53" N
Long.: 76'4020.86" W
Date of initial application submittal (EX 1/82007): O50112019
Date application 'received as complete" m the Field office (EX 1/8)2007): 05✓22,2019
Perrnit Authorization: OCAMA Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: OYes SNo
Photos Taken: Yeso No
Setback Required (riparian): Yes NNo
Critical Habitat El Yes ONo MNotSure
15 foot waiver obtained: 0Yes ONO
Hazard Notification Returned:
❑Yes ❑No ®N/A
SAV. Yes ONo Not Sure
Shell Bottom: Yes SNo El Not
Temporary Impacts: ZYes No
Sure
Sandbags: Yes NNo Not Sure
Did the land use classification come from
Mitigation Required (optional):
countyLUP: ®Yes ❑No
❑Yes ®No
Moratonum Conditions Yes ®No
Environmental Assessment Done:
❑NA
❑Yes ❑No ®NA
SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4)
Future Water Supply (FWS) Nutnent Sensitive Waters (NSW) Swamp Waters (SW)
El High Quality Waters (HQK9 I Q Outstanding Resource Waters (ORAJ —�
WETLANDS IMPACTED
(404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium SO
❑ (SS) Glasswort(Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spart)na
(SY) Salt reed grass (Spartina
altemifioor)
cynosurofdes)
(DS) Salt or spike grass (Distkhlis
(SC) Bullrush or three square (Scirpus
(TV) Cattail (Typha sp.)
spkata)
Sp.)
(JR) Black needlerush (Junous
(SP) Sall/meadow grass (Spartina
memerianus)
patens)
APPLICATION FEE
No fee required - $0.00
C3 Itl(A) Private w/D&F up to 1 acre;
❑ III(D) Priv. public or comm w/D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer- $100
ill(B) Public or commercial w/ D&F to 1
0 Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
Z 11. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
❑ 111(C) Priv. public or comm w iD&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
DCM_M
m
ITM

Applicant Mitchell and Emily Byrum
Date: May 22, 2019
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.
Activity
Number
TYPE
Choose
REPLACE
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Shallow Bottom
I
Now Work
Siam
48.6'
32'
Fill --Below
Maint ❑
®Y ❑ N
NWL
New Work
Replete
Maint ❑
❑ Y ❑ N
High Ground
I
New work
Replace
140'
21.8'
Fill
Maint ❑
®Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
_ -
NewWork
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work CF
Replace
Maim ❑
❑ Y ❑ N
New Work Ej
Replace
Maint ❑
❑ Y ❑ N
------
New Work
Replaco
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
...--..-__
Maint ❑
❑ Y ❑ N
RECEIVED
JUN - 3 2019
DCM-MHD CITY

Describe below the HABITAT disturbances forthe application. All values should match the name, and units of measurement
found in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
ternimpacts)
impact amount)
lamp impacts)
amount
Shallow Bottom
Dredge ❑ Fill ® Both ❑ Other ❑
11555sf
1,555sf
High Ground
Dredge ❑ Fill ® Both ❑ Other ❑
3,060sf
3,060sf
Shoreline
Dredge ❑ Fill ❑ Both ❑ Other ❑
148'
148'
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ Both ❑ Other ❑
Dredge ❑ M ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ Both ❑ Other ❑
RECEIVED
JUN - 3 2019
DCM-MHD CITy

CERTIFICATION OF EXEM rio
.Y FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
Vim Department of Environment, Health, and Natural Resources and thr oastal Resources Commission
t� J in an area of environmental concern pursuant t N2c �s 5 //.� �D3 1S 6 Sr
Applicant Name + 4 _ Phone Nudgerr Z ' .oz�i $ $ (—
Address N
City gtie Zip iJ
Projgct%don i ufl , St%s R , Water Body, etc.)
Type and Dimensions ofProject—ATA tiiAi�y �`�N/ +STiNt� dyK�' /ti'ST�4�C
Ari c rt L sf d0efr
ivEZ
The proposed project to be located and constructed as described This certification of exemption from requiring a CAMA permit is
above is hereby certified as exempt from the CAMA permit re- valid for 90 days from the date of issuance. Following expiration,
quirement pursuant to tS*0A0-N<-�-. This exemption to are-examination of the project andproject site May be necessary
CAMA permit requirements does not alleviate the necessity of to continue this certification.
your obtaining any other State, Federal, or Local authorization.
SKETCH P—r4 (SCALE:
Pee
bf•—
ge14G-e
�J I L_ _ /sdI ___
Any person who proceeds with a development without the con-
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
S
JUN - 3
—&I
The applicant certifies by signing this exemption that (1) the ap- Issuing date
tion,at has read and will abide by the conditions of this ezemp- //j, - ,� a 0 _/�/I
lion, and (��•�/ � 6
Expiuy o1 date
Wl C,K2VIATa
n ..r6 !i n 7af Oline'fRRlltll rrRRlf

1
J �
4 �
1�
P/ Y
v�
� � I
ASO
IVoN
�a r
a
r �d
�So
roll
I
'N;WMror aou„af
JOAJ - - - -
N 1"'0'�fnu rj�gl,Q• lY�.�uMPJQ I ff
it

DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Mitchell & Emily Byrum Distribution Date: 6/3/2019
AGENCY
ECRO
Community Development/LPO
Brandon Shoal
DCM Planner
Charlan Owens eliz City
US COE:
Raleigh Bland (Beaufort, Camden, Chowan,
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Josh Peletier — (Bertie, Currituck, Dare, Gates,
Pamlico, Posquotank, Washington)
Community Assistance
Lee Padrick (Beaufort, Carteret Craven, Eliz City,
Pamlico, Washington)
Cultural Resources
ReneeGledhill-Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Of Whitfield
Marine Fisheries
Shane Staples WARD/ECRO
NC DOT
David Harris
Shannon Jenkins
Shellfish Sanitation
Sharon Gupton
Tim Walton
State Property
Mike Moser
Wanda Hilliard
DEMLR/DW R:
Sheri Montalvo
DEMLR
Sediment & Erosion-
Samir Dumpor
Storm water-
Roger Thorpe
DWR 401-
Anthony Scarbraugh
WRC
Maria Dunn (WARD)
National Heritage Program
Rodney Butler
=01AW4P.
JUN - 3 2019
DCM-MHD CITY
https://nccon n ect-my. sha repoint. com/person al/ella_godfrey_ncden r_gov/Documents/Documents/Major
Permits/Maj Comment Distribution Sheet Byrum.docx
Revised: 6/29/2018

ROY COOPER
Gawmor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
oireRor
June 3, 2019
MEMORANDUM.
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
rg eog.bodnar ncdenr.aov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner in Chowan County
Proposed Project: Fill a breach in the millpond berm
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) 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
AGENCY
SIGNATURE
DATE
Q
North Carolina Department of Emlronmental Quality I Division of Coastal Managemem
Elizabeth City Office 1 401 South Grifnn Sireet, Suite 3001 Elizabeth City, North Carolina 27909
252.264.3901
RECEIVED
JUN - 3 2019
DCM-MHD CITY