HomeMy WebLinkAbout109-18 Britt Real EstatePermit Class
NEW :.
Permit Number
109-18
STATE OF 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
Issued to Britt Real Estate, LLC., PO Box 12085, Raleigh, NC 27605
Authorizing development in Hyde County at Wallace Canal off Kitty Creek, at 739
Swamp Rd. in Engelhard , as requested in the permittee's application dated 7/11/18, including
attached workplan drawings (3), all dated 7/11/18.
This permit, issued on October 3, 2018 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
a these terms may be subject to lines, imprisonment or civil action; or may cause the permit to be null and void.
Agricultural Drainage System
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the installation of the agricultural drainage system, including the culverts
and tide gates, all as expressly and specifically set forth in the attached permit application and
workplan drawings. Any other work or development proposed in an Area of Environmental Concern
shall require a review and authorization from the Division of Coastal Management prior to work
commencing.
2) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
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, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina' Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
v t�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Estate, LLC.
ADDITIONAL CONDITIONS
General
Permit No.109-18
Page 2 of 2
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
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.
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-01718) issued 9/24/18.
The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 18-1189.
CE: Future development of the pemuttee's property may require a modification of this permit.
Contact a representative of the Division at (252) 946-6481 prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not authorized within 50 feet of the normal high/low water level unless specifically
exempted by -Environmental Management Commission's (EMC) Tar Pamlico River buffer
regulations in place at the time of such development.
An application processing fee of $250 was received by DCM for this project.
Coastal Management
ENVIRONMENTAL QUALITY
Britt Real Estate LLC
James Britt
PO Box 12085
Raleigh, NC 27605
Dear Mr. Britt:
ROY COOPER
(<(� Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
October 3, 2018 Director
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
Sincerely,
Dougl V.Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North CaroOna I EnAronmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead Qty. NC 28557
252 808 2808
DCM Coordinator:. 3oZ�.`I Ak Permit
MAH.ING DISTRIBUTION SHEET
27Gc��
Permittee: �n f� Req ( 1:54, F, t L.L Po agc ( zoa;— 4" e 4
-06
I (
DCM Field Offices
Elizabeth City
Morehead City
"Washington
Wilmington
US ACOE Offices:
Washington:
(with revised work plan drawings)
5i� TN,-e c 4"V., s�arkg
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at ,Mff
y
Heidi Cox (WIRO)
Shane Staples
David Harris
Shannon Jenkins / Sharron Gupton
Tim Walton / Mike Moser
Karen Higgins
Clif Whitfield (WARO)
Curt Weychert
Washington: In' Anthony Scarbraugh401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
f! Maria Dunn (WARO)
Rodney Butler
Jbm/
t'cjc vl
FaDistribution:
P rmittee #:
Agent#_
(NCDOT) Travis Wilson
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: c/o Daniel Brinn on behalf of James Britt & Charles Duncan County: Hyde
LOCATION OF PROJECT: SR 1315 at 739 Swamp Rad adjacent Wallace Canal off Kitty Creek I the Two of
Engelhard, Hyde County, North Carolina
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3 August 2018
FIELD RECOMMENDATION: Attached: Yes, To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: Yes
FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW: �.
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250.00 (100/0)
PUBLIC NOTICE REC'D: 26 August 2018 END OF NOTICE DATE: 16 September 2018
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON: 8 27 fS
C) 75 DAY DEADLINE: 17 October 2018 150 DAY DEADLINE:
MAIL OUT DATE:
FEDERAL DUE DATE:
STATE DUE DATE:
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Coastal Management - Regional Representative
/� g
Coastal Management - LUP Consistency
TWO
Division of Community Assistance
�(8
x
Land Quality Section
Division of Water Quality r(o (
4113
(10-1($ 4 (�—
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
lg
Division of Environmental Health
4 �g
Division of Highways
Wildlife Resources Commission
$
Local Permit Office
Division of Marine Fisheries
QAUG
2 7 2018
Corps of Engineers
q(
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III
a(4z r-
LA
ROY COOPER
Gmanor
MICHAEL S. REGAN
Se-r
BRAUCIN C. DAVIS
Director
NORTH CAROLINA
Emtranamgnl QYal ty
17 August 2018
To:
Doug Huggett
From:
Steve Trowelk`
Through:
Jonathan Howell'S�4
Subject:
Britt Real Estate LLC Major CAMA permit application
Date:
17 August 2018
Enclosed is a Major CAMA permit application submitted by Mr. Daniel Brinn, Hyde County
Water and Flood Control Coordinator, on behalf of Britt Real Estate LLC for the construction
of a tide gate in Wallace Canal off Kitty Creek in the Town of Engelhard, Hyde County, North
Carolina. The tide gates will be bolted to 2- existing 36" x 30' long culverts that were installed
in 2015 under LAMA/Dredge and Fill General permit no.62961 issued 27 August 2014. The
existing 36" culverts were installed with a bracket that facilitates the attachment of the tide
gates to the pipe. The tidegates are concave aluminum flaps that have a rubber gasket that
seals to a collar bolted to the culvert so when a wind tide flows up the creek to the
channelization the tide gate seals preventing saltwater from moving up the canal. The flap
props open when drainage upstream is the greater hydraulic force.
Installation of this structure will eliminate the movement of aquatic organisms upstream of
the water control structure therefore any habitat use in the canal will be permenately lost.
If there are no significant objections from the review agencies concerning negative impacts
to water quality, loss of habitat or negative impacts to the primary nursery area in Kitty
Creek, DCM Staff in the Washington Regional Office recommends issuance of the permit.
RECEIVED
el AUG 2 7 2018
_ D E DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall i Washington. North Carolina 27889
252.946.6481
ROY COOPER
C,ovemor
MICHAEL S:REGAN
secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental QuaHly
TO: Mr. Lee Padrick
Division of Community Assistance
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division MOY2ile8Ci Clt Office
400 Commerce Avenue y
Morehead City NC 28557
DATE: 24 August 2018
SUBJECT: CAMA Application Review
APPLICANT: James Britt & Charles Duncan C/O Daniel'Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacentWallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of the tide gates will not disturb any land form and will be done by simply bolting;the gate
to the existing collar on the existing pipes.
Please indicate below your position orviewpoint on the proposed project:and return this form by 14
September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the .proposed project for reasons described in the
attached comments.
Signed �. � Date �— y=/� RECEIVED
Q
SEP 4 2018
F MP SECTION MHD
North: Carolina DepartmentofEnvironmental Quality I Division of Coastal Management
Washington:OFfice 1 943 Washington Square Mall I Washington,North Carolina2788.9 12S2.946.6481
Wilmington Office 1127 Cardinal Drive Extension.I Wilmington, North Carolina 28405' 1'910'796.7215
Morehead Clty Office 140O CommerceAvenue I Morehead City. North Carolina 28557 1 252.808.2808
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
EnWrannsental Quality
TO: Mr. Jerry Hardison
Hyde County Building Inspctor
P.O. Box 95
Swan Quarter NC 27885
FROM: Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 24 August 2018
SUBJECT: CAMA Application Review
RECENED
WG 3 0 "I't
DCM.MHD CIV
Respond to Greg Bodnar
Morehead City Office
APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of the tide gates will not disturb any land form and will be done by simply bolting the gate
to the existing collar on the existing pipes.
Please indicate below your position or viewpoint on the proposed project and return this form by 14
September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed project.When appropriate, in depth comments with supporting data are requested. .W
REPLY v This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
=aced comments.
t
Signed Date
MP
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead Cltv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.80&2808
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
EnvironmenralQuallty
AUG 2 U 2018 II
raatoael
Shellfish San�atlon c 9=;,i
- lily Sa>: oq
TO: Shannon,Jenkins
Division of Environmental Health
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue Morehead City Office
Morehead City NC 28557
DATE: 24 August 2018
SUBJECT: CAMA Application Review
APPLICANT: James Britt& Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR'1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek -in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of the tide gates will not disturb any land form and will be done by simply bolting the.gate
to the existing collar on the existing pipes.
Please indicate below your position:or viewpoint on the proposed project and return this form by 14
September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
LThis office has no comment on the proposed project..
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
a11ttached/ comments.
Signed UVGbv Lic Date S tg
i� Shrxntil&- Y) }t%n 1-t rt
SEP 7 2018
hlP SECTION MHO
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Offlce 1943 Washington Square Mall I Washington, North Carolina 278891 252.946,6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215
Moreheod Cltv.office 1400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808
i'
1
4
'ROY, COOPER
;Govembr '
-MICHAEL S. REGAN
Secretary
BRAXTON•C. DAVIS.
'Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Mr. Anthony Scarbraugh
DWR Water Quality Programs
943 Washington Regional Office
FROM: Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 24 August 2018
9jO
U(' R
el 6'
Respond to Greg
Morehead City Office
SUBJECT: CAMA Application Review
APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install thetide gate to the existing Culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of,the tide gates will not disturb any land form and will be done by simply bolting the gate
to the existing collar on the existing pipes.
Please indicate below your position or viewpoint on the proposed project and return this form by 14
September 2018. Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding'
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
No w��iCq.+WnCcS�
This office has no comment on the proposed project. gi;t � 'LC
This office approves of the proposed project only if the recommended
Signed
changes are incorporated.
This office objects to the
olnments.
See attached.
proposed project for reasons described in the
Dateg/(/
SEP 7 2018
MP SECTI N'NMHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall 1 Washington, North Carolina 278891252946.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North. Carolina 26405 1910.796.7215
I ....... .......i/1... x1_.6/`._u.a9AS57 1959AOR9A0A
noAm w+ou.uD E Q�/��
RpIMYMP O+Ory�
ROY COOPER
Gonemor
MICHAEL S. REGAN
Seawary
LINDA CULPEPPER
bttefft Director
SUL
NOR f H f:AROLINA
Environmental Quality
September 6, 2018
Britt Real Estate, LLC
Attn: James R. Britt, Jr. and Charles R. Duncan
PO Box 12085
Raleigh, NC 27605
RECEIVED
SEP 7 2018
MP SECTION MH®
DWR # 18-1189
HYDE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Britt —739 Swamp Road (Wallace Canal Tide Gates)
Dear Messrs. Britt and Duncan:
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
CAMA 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 #4144 (GC 4144), the impacts described in your
application do not require written authorization to utilize GC 4144. 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 150E 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 ClerKs Office
at (919) 431-3000 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).
Q
North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
.:
BRITT REAL ESTATE, LLC
DW R# 18-1189
401APPROVAL
Page 2 of 2
The petition may be faxed to the OAH at (919) 431-3100, 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:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, INC 27699-6714
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 DEQ:
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. Please contact
Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or
concerns.
Sincerely,
U44 TAP."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC4144
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Steve Trowell, DCM Elizabeth City (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Laserfiche
Daniel Brinn, Hyde County Flood Control (via email: dbrinn@hydecountync.gov)
RECEIVED
SEP 7 2018
North Carolina Department of Environmental Quality (Division of Water Resources- Washington Region�iOt6& SECTION MHD
943 Washington square Mall, Washington, North Carolina 27889 �CC11��YY�� SECTION 99VVii 1_A
252-946-6481
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Direaor
MEMORANDUM
NORTH CAROLINA
Environmental Quality
RECEIVE[)
SEP 7 2018
R7P SECTION MHD
TO: Rachel Love-Adrick
District Planner
Division of Coastal Management
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division Morehead City Office
400 Commerce Avenue
Morehead City NC 28557
DATE: 24 August 2018
SUBJECT: CAMA Application Review
APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of the tide gates will not disturb any land form and will be done by simply bolting the gate
to the existing collar on the existing pipes.
Please indicate below your position or viewpoint on the proposed project and return this form by 14
September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY —�— This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
Tled comments.
Signed Date l
RECEIVED
Q5
North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY
Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead Cltv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
IteiI4uWI.T 1ZI1IU;•Il
NORLINA RECEIVED
Env7roAMNUat nmenMl Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner �f�
Division of Coastal Management Vin`0
SUBJECT: Major Permit request by Ocracoke Foundation
DATE: June 29, 2018
SEP 7 2018
VP SECTION MHD
Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County
CAMA Core Land Use Plan certified by the CRC on March 28, 2008.
Project Overview: The project site is located at 739 Swamp Rd adjacent to Wallace Canal off Kitty Creek
in the Town of Engelhard, Hyde County, North Carolina. The applicant is proposing to install two 36" tide
gates on two 2-36" x 30" long culverts to mitigate salt water intrusion.
The project is located in the following Areas of Environmental Concern (AEC): Estuarine Waters (EW),
Estuarine Shoreline (ES), Public Trust Shoreline and Public Trust Area (PTA). The project is located on Kitty
Creek and Far Creek that are designated as SC;HCW the EMC and Primary Nursery Areas (PNA) by the
MFC, and is closed to shellfishing. A review of wetlands, SAV, historic, and archaeological resources was
not provided.
Anticipated impacts resulting from this project are not expected to include any land disruption, however
the tide gates will prevent the movement of aquatic organisms and their use of the upstream habitats
beyond the tide gates.
Basis for Determination:
The 2008 Hyde County LAMA Core Land Use Plan Future Land Use Map (FLUM) designates the project site
on land as "Residential" and "Agricultural/Low Density Residential", and all AECs as "Unbuildable Land",
which limits development to 15A NCAC 7H use standards.
Xp9
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808
Policies - Conservation
P.30 Residential, commercial, and industrial development which meets 15A NCAC 7H use standards will
be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development
will be allowed that is consistent with applicable local, state, and federal regulations.
C!5Pf"0011EQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557
2SM082808
Bodnar, Gregg
From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil>
Sent: Monday, September 24, 2018 7:22 AM
To: Bodnar, Gregg
Subject: [External] Projects
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
Hope you made it through the storm ok. Our phones still out. I wanted to make sure we were up to date on projects.
Thanks!
Earl Pugh Hyde SAW 2018-01411
Britt Real Estate Hyde SAW 2018-01718
Jimmy Stallings Beaufort SAW2018-01715
James Hill Beaufort SAW 2018-01716
TJ Development Beaufort SAW 2018-01563
There may be more but these were on the top of my stacks. Thanks!
1
ROY COOPER
Governor
MICHAEL S, REGAN
Secretary
BRAXTON C..DAVIS
---Director— _
MEMORANDUM
NORTH CAROLINA
Environmental. Quality
RECEIVED AUG 27 201-8
CIIf WhitfiefC - -
_ Public -Water -Supply Section
FROM: Greg Rodnar_ Respond to Greg Bodnar
Major Permits Processing Coordinator
CoastaLManagement Division Morehead City Office
400 Commerce Avenue _ y
Morehead. City NC 28557
DATE: 24 August2018
SUBJECT: CAMA Application Review
,APPLICANT.: James Britt &Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent. Wallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North'Carolina.
PROPOSED PR. JBCT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of the tide.gates will not disturb any land form,and will be done by simply bolting the gate
to the existing collar on the existing pipes.
Please indicate below your position or viewpoint on the proposed project and return this,form by 14
September 2018: Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed -project: Wlien appropriate, in depth comments With supporting data are requested.
REPLY This office has no objection to'the-project as proposed.
This office has no continent on the proposed project.
---------------Tliis-office-approves -of.the-proposed-project-only if the recommended ---
---- -- changes are incorporated. See attached. -
--- - ----- -- —This-office objects to the proposed -project -for reasons- described in the
-
= Signed �I-- � � _,.- Date
-- SEP 1- 9 2018 -
-`North Carolina Dcputmenl of Environmental Quality I Division of Coastal Managernent
WashingtorCOffice--1-943.Washington Square Mall=1_Washingt66; North Caiolina 27869.1 252.946.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215
R Y G2 m100PER
MICHAEL S.-REGANN
-!elrqflily.� , - B!V0N,P:,D.A%fIS:
D
MEMORANDUMi,
Toe Ms. Renee Gledhill'Eafly
N . CQepa . itn�ent,4 Cultural Resources
I Ar6i%r6s,4.History, Building.
FROM;.Greg Bodnar
,Mai or,Permits-Processirig,Co6rd,ifiator-
Co as-tal managerp6fit PiVision.
4W.Cornnierce Avenue
M6reIjead'City,NC28SS7,
!DATE:, ; 4Ailgust 2018 -
i
SUPJECTi CAMA Applica.fl6h R-6vieW.'
Received: 099/07/.2018
State His'toric 'Preservatibn'offtte,
ER 187-.2255
Due -- 9/1448
Respond.to Gregbodnar
Mbrehddtity 060-
RECEIVED
SEp 2 5 2018
as Britt &:C I harle . s;I)uncan%q-/0-Dani'el:I3rinn
APPLICANT' jaine MIP SECTION MHD
PROJECT-10CATION: SR4315zt739'Swarn0,Rda OjacerWWallam Canal_off Kitty,Creek in;ihe Town,
o,f'Eng6thArd,;Hyde,CdunW,,Nort,�h`Carolina.
PROPOSED PROJECT: the applicantpfoppse$-Iolfistal I the dde gabetto the -existing culVerts
. forth purpose of preventin&A - tw - ater infr4sion,upstrciam.of,the :location. The installation
W,the,hcle.gates,Will'not disturb anyland,formand will.be done.bysiinply:b6ltingthe�gai;e-
to the,existing collar onthe existing pipes.,
Please indicate:be.lowyo.ur,posit,ionorviewpoint n'the'propose ' d.project-and-rautn this form,by.,1,4;
8 SqpiemI3er-i01. 'OlLase contact Steve Trowe1l'at2S,2-94B-3PSj,.1f you have an uestionsr6 arding
, I 1 1. - - , , Y. q.9
tlie'propbsed,pr6ject. Whempopropriate,ln deotb:06iments with suppOrtingciptabeb requested:
,AEPL — -p—
X, — Tili�-offic6has-nij:ooj,pctiontotli&..prdjdc-tas,pr6 osedi
V, This,officehasmo comment on:the:prop6s6d project
This,office, approves,ofthe proposed project only if.therecommended
g .
chanes are -incorporated.- See attached,
This office objects,to the,propdsed project f&,x6sdns,:described:ih the,
attached comments.
n, n,
qj �pg,1_4r
Pate
Signed
I DlYisloncfCoasW
SEP' 1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
y „.r 5fAIZ,
—
��"� RECEIVED
NORTH CAROLINA
Environmental QuaUty
AUG 2 7 2018
DOA
STATE PROPERTY
OFFICE
TO: Mr. Tim Walton
Director
State Property Office
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue Morehead City Office
Morehead City INC 28557
DATE: 24 August 2018
SUBJECT: CAMA Application Review
APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater intrusion upstream of the location. The installation
of the tide gates will not disturb any land form and will be done by simply bolting the gate
to the existing collar on the existing pipes.
Please indicate below your position or viewpoint on the proposed project and return this form by 14
September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
,.. \\ attached comments.
Signed W '� L6&U Date 14�' &01lb t
Q� RECEIVED
SEP 2 5 2018
North Carolina l Management
Washington Office 11 943 Washington Square Mail ent of tI Washington, Divisional Quality I North Carolina a27889 1 252946.6481 DCM-MHD CITY
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead Chv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.8082808
RQY COOPER
Governor
MICRAELS; REGAIN
sem*y
BRA)CrON'C. DAVIS!
DIr6ctor MEMORANDUM
TO: Mrs. MariaDunn
NcWildlife'Resdi
FROM.' Greg Bodnar
Major Permits
400 Commerce Av
Mbrehead" City Rc
DATE: 24AVgust2018
SUBJECT:
APPLICANT: James
,NORTH CAR60NA
Enaronmental,Quall6l
Respond to Greg Bodnar
Morehead City Office
Brinn
'PROJECT LOCATION: ISR1315 at;739 Swamp Rdadjacent Wallace Canal off Kitty Creek in the Town,
of,Engel4ardi 1,4yde. County, North Carolina..
PROPOSED .PROJECT:MfeapP Alca
forth purpose of
f preventing salt
,Qf the . tjoeg4tpswill not,disturb
to the existing collar on the exist
Please indicate be'low,your position
'September 2018.'Please contact Ste
the proposed project. When approl
REPLY This office
This office
This office
This office
attached c(
Signed
es todnstallthe tidegateto the existing culverts
r4sicia upstream, of the locition. The installation
form and will be done by simply bolting the -,gate
n depth comments with supporting data are:requested.
objection to the;project as,proposed. --Plecoy so
comment on theproposedproject., S.
ves, of the, proposed project only if the recommended
porated. See attached.
:s to, the proposed project for reasons described in the
Date ---ALZ1-6---,k)JZ
®' North 'Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO:, Gregg Bodnar
Division of Coastal Management
North Carolina,Department of Enviroarnental.Quality
i
i
FROM: Maria T. Dunn, Coasta1Coordinator
Habitat Conservation Division
DATE: September 28; 2018
SUBJECT: - CAMA Dredge/Fill Peimit Application for James.Britt & Charles Duncan
c/o Daniel Brinn .Hyde County, North Carolina.
Biologists with the North Carolina'
application with regard to impacts c
Swamp Road. adjacent Wallace Can
provided in Accordance with proyisi
113A-128), as amended, Sections 4
Wildlife Coordination Act (48.Stat.
The applicant proposes to install a tide
preventhrg saltwater intrusion upstrea
meeting was conducted to discuss a tic
replaced.with collars'to'allow gate inst
tributary to Kitty Creek and therefore i
MarmeTisheries.
(life ResourcesCommission (NCWRC) reviewed the permit
;hrand wildlife resources. The project site is associated with 739
tributary to Kitty Creek in Engelhard, NC. Our comments are
of the Coastal Area Management Act (G.S. 113A-100 through
ad 404 of the Clean Water Act, as amended, and the Fish and
"as amended; 16 U.S.C. 661 et seq ).
that would be attached to existing culverts for the purpose.of
installed gate. On February 5, 2015, a NCDEQ,scoping
proposal in area. Subsequently two 36"rculverts were
)n if allowed. Wallace canal is classified SC HQW and is a
ignated a primary nursery area (PNA) by the NC Division of
NCWRC staff attended the previously teferenced scoping meeting and has reviewed the permit
application. The area in question is in close proximity to Kitty Creek, a designated and functioning PNA.
Concerns were stated during the. meeting that tide gate installation would prohibit access to upstream
habitats by marine species such as.whiteshrimp.: Site visits were conducted by NCWRC andNCDMF
staff after the meeting. While the area does provide habitat that is used by;marine species in,the PNA, our
agency does not'believe the project would have significant;adverse,impacts to. resources under our
jurisdiction due to,the upstream placeineut of the structure in the system Although no elevation data was
presented in the application, the site visit and available information indicate the location is within a
abitatConservation • 1721 Mail Service Center - Raleigh NC
Telephone: ;(919) 707-0220 • Fax: (919) 707-0028
narrow area of the canal, will not adversely affect bank stabilization, and may be near the upper limits of
quality habitat. Therefore, our agency will not object to tide gate installation as long as there are no
attempts to conduct water management by use of flash board risers or other structures to retain water
upstream the gate system.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunn;a)ncwildlife. ore
ROY COOPER
Governor
INICHAEL S. REGAN
secretary.
BRAXTON C. DAVIS
Metter
RECEIVED
AUG, 27 2010
DCM-Fisheries
WARO
IliI1 0(1),Tllz i1151
NORTH CAROLINA
Environmental Quality
TO: Mr. Shane Staples
Division of 6easEal Msnegeti2en>re- r-i-i`f
943 Washington Sq. Mall
FROM: Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 24 August 2018
SUBJECT: CAMA Application Review
Respond to Greg Bodnar
Morehead City Office
APPLICANT: James Britt & Charles Duncan C/O Daniel Brinn
PROJECT LOCATION: SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town
of Engelhard, Hyde County, North Carolina.
PROPOSED PROJECT: The applicant proposes to install the tide gate to the existing culverts
forth purpose of preventing saltwater.intrusion upstream of the location. The installation
of the tide gates will not disturb any land form and will be done by simply bolting the gate
to the existing collar on the existing pipes.
Please indicate below your position or viewpoint on the proposed project and return this form by 14
September 2018. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding
the proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes ace incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached co menu. /+
Signed � r- "Date RECEIVED
E®
ADE SEP 7 2018
sEc-ra®mv MH®
North Carolina DepartmetdofEMIronmental Qltaltty I Division of Coastal Management
Washington Office 1943Washingtonsquare Mall I Washington, North CaroUna 276891 MZ946.6481
WBmington Office 1127 Cardidal Drive Extension I Wilmington, North Carolina 28405 1910.796,7215
Mnr.h.ad rA Afflro I Ann re ...w Av.n... 1 Mmmivarl (7tv.Nmth Camlina 7AS57 1 7i7_AOA2AOA "
ON MP-1 RE -FiyFrn
APPLICATION for AUG 0 3 2018
Major Development Permit DCM-WAR®
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Britt Real Estate Llc
Wallace Canal Tide Gates
Applicant 1: First Name
MI
Last Name
James
R
Britt
Applicant 2: First Name
MI
Last Name
Charles
R
Duncan
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
state
P. O Box 12085
Raleigh
NC
ZIP
Country
Phone No.
FAX No.
27605
Wake
919 - 880 - 3652 ext.
Street Address (if different from above)
City
State
ZIP
812 Swamp Rd
Engelhard
NC
27824
Email
oduncanl36@nc.rr.com
2. Agent/Contractor Information
Business Name
Hyde County Flood Control
Agent/ Contractor 1: First Name
Daniel
MI
A
Last Name
Brinn
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
30 Oyster Creek Rd.
PO Box
219
City
Swan Quarter
State
NC
ZIP
27885
Phone No. 1
252 - 926 - 7253 ext.
Phone No. 2
252 - 943 - 7973 ext.
FAX No.
252 926 3705
Contractor #
Street Address (dddferent from above)
City
State
ZIP
Email
<Form continues on back>
KtGEIVE0
AUG 2 7 2018
252-808-2808 . 1-888.4RCOAST ., www.nccoast3lmanagemePiQM4AHDCITY
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
RECEIVED Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Hyde
739 Swamp Rd. DCM-WARD
1315
Subdivision Name
city
State
Zip
NA
Engelhard
NC
27824 -
Phone No.
Lot No. (a) (6 many, attach additional page with list)
NA- ext.
NA, I I ,
a. In which NC Over basin is the project located?
b. Name of body of water nearest to proposed project
Tar -Pamlico
Kitty Creek/Far Creek
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
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
NA
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
NA
139,392
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high waled or
NA, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
2.5' ❑NHW or ®NWL
e.
Vegetation on tract
Mowed Fescue, small opportunistic Cordgrass fring directly at waters edge, cultivated cropland and pine plantation
f.
Man-made features and uses now on tract
Recently installed 36" x 35' culverts, flanged to accept Tide Gates, crossing a 25' wide drainage canal
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Upstream are 560 acres of improved property. Cultivated cropland, pine plantation, and 23 residences
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
NA
(Attach zoning compliance certificate, if applicable)
[]Yes []No ONA
j.
Is the proposed activity part 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 ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
AUG 2 7 2018
252-808.2308 .. 1-888-4t2COAST .. www.nccoastaimanagement.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
RECEIVED Major Development Permit
Allf, a @ )nio
m. (i) Are there wetlands on the site? ❑Yes SNo
(ii) Are there coastal wetlands on the site? DCM-WARO ❑Yes SNo
(III) If yes to either (1) or III) above, has a delineation been conducted? []Yes SNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
NA
o. Describe existing drinking water supply source.
County water system
p. Describe existing storm water management or treatment systems.
NA
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment
SPrivate/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The project will prevent salt water intrusion into the agricultural properties upstream which can yeild cropland sterile. Tide
gates will act as automatic check valve allowing excess water from rainfall to flow out but preventing saltwater from the
pamlico sound to flow in.
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.
The existing culverts are flanged to accept the proposed tide gates so installation will only require hand tools and bolts, no
machinery will be needed
d.
List all development activities you propose.
Installation of two 36" tide gates onto existing Culverts
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both
f.
What is the approximate total disturbed land area resulting from the proposed project? NA ❑Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area []Yes SNo []NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
No new discharge is proposed, existing surface runoff will be unaffected
1.
Will wastewater or stonnwater be discharged into a wetland? []Yes SNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No SNA
j.
Is there any mitigation proposed? ❑Yes SNo ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
KtUmli v `
AUG 272018
252-808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagem nt.net
Form DCM MP-1 (Page4 of4) RECEIVED APPLICATION for
AUG 0 3 2018
Major Development Permit
6. Additional Information D(��/�'�1, /►p/�
R06ubmitted
In addition to this completed application form, (MP-1) the following items be/d� 7f 5�i�lical�A4,�/I in order for the application
package to be complete. Items (a) — (f) are always applicable to any ma/or development application. Please consult the application
instruction booklet on how to properly 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.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
rr 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 Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
r
tract. Include permit numbers, pennittee, and issuing dates.
�7C/
g. A list of previous state or federal permits issued r Qrk Kt projtip
trot CA i^1A <t�. CUB-J&'rf, V��
v�
h. Signed consultant or agent authorization form, if applicable.
1. Wetland delineation, if necessary.
t
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (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.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge. ,t
Date tI 19 Print Name 1ReAl
Signature
00
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
❑DCM MP-4 Structures Information RECEIVED
AUG 2 7 2018
_. m.MHD GITV
252.808-2808 :: 1.888 4RCOAST :: www.nccoastaimanagement.net
Form DCM MP-5 RECEIVE®
BRIDGES and CULVERTS "UG 03 2018
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be u e`,tovcomp e e allother sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. BRIDGES ®This section not applicable
a. Is the proposed bridge:
❑Commercial ❑PubliclGovernment ❑Private/Community
c. Type of bridge (construction material):
e. (i) Will proposed bridge replace an existing bridge? ❑Yes ❑No
If yes,
(ii) Length of existing bridge:
(III) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
9. Length of proposed bridge:
i. Will the proposed bridge affect existing water Flow? ❑Yes ❑No
If yes, explain:
k. Navigation clearance underneath proposed bridge: _
b. Water body to be crossed by bridge:
d. Water depth at the proposed crossing at NLW or NWL:
f. (1) Will proposed bridge replace an existing culvert? ❑Yes []No
If yes,
(ii) Length of existing culvert:
(III) Width of existing culvert:
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
h. Width of proposed bridge:
j. Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? ❑Yes []No
If yes, explain:
I. Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes []No
If yes, explain:
m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands:
waters? ❑Yes []No
If yes, explain:
2. CULVERTS [I This section not applicable
a. Number of culverts proposed: 2 existing 36" x 40' b. Water body in which the culvert is to be placed:
Already in Wallace Canal
RMEIVED
< Form continues on baek>
AUG 2 7 2018
VM M1-rTvrr-r
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagemer revised: 1026 06
Form DCM M113-5 (Bridges and Culverts, Page 2 of 4)
c. Type of culvert (construction material):
2 existing Aluminum 36" x 40'
d. (i) Will proposed culvert replace an existing bridge?
[]Yes ®No
If yes,
(it) Length of existing bridge:
(III) Width of existing bridge:
(Iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
f. Length of proposed culvert: 2 existing Aluminum 40'
h. Height of the top of the proposed culvert above the NHW or NWL.
+/- 3"
j. Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? []Yes []No
If yes, explain:
RECEIVED
^^ AUG 03 2018
e. (i) Will proposed culvklE tV;tWW culvert?
��YY r1Q ❑Yes []No
If yes,
III) Length of existing culvert(s):
(iii) Width of existing culvert(s):
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain) No New Culverts Proposed
9. Width of proposed culvert: 2 existing 36" culverts
1. Depth of culvert to be buried below existing bottom contour.
culvert invert is at existing bottom contour
k. Will the proposed culvert affect existing water flow?
®Yes []No
If yes, explain: Proposed to bolt on 2 36" tide gates to
existing culverts to prevent salt water intrusion in the
drainage system upstream
3. EXCAVATION and FILL ®This section not applicable
a. (i) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? []Yes [_]No
If yes,
(ii) Avg. length of area to be excavated:
(III) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
c. (i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ❑No
If yes,
(ii) Avg. length of area to be excavated:
(III) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
b. (i) Will the placement of the proposed bridge or culvert require any
excavation within coastal wetlandstmarsh (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 ❑SB
OWL []None
(ii) Describe the purpose of the excavation in these areas:
RECEIVED
AUG 2 7 '?T8
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: wpvw. nccoastal management._ net revised: 102606
Form DCM MP-5 (Bridges and Culverts, Page 3 of 4)
d. If the placement of the bridge or culvert involves any excavation, please complete the following: Recie/VE p
(i) Location of the spoil disposal area: A ,,-
(it) Dimensions of the spoil disposal area:
(III) Do you claim title to the disposal area? []Yes []No (ff no, attach a letter granting permission frppgnrgp 'p)
(iv) Will the disposal area be available for future maintenance? ❑Yes []No"���� /qR(�
(v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands ZC6L), or shell
bottom (SB)?
❑CW ❑SAV OWL ❑SB ❑None
If any boxes are checked, give dimensions lt different from (it) above.
(vi) Does the disposal area include any area below the NHW or NWL? ? []Yes []No
If yes, give dimensions If different from (it) above.
e. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes []No
If yes,
(ii) Avg. length of area to be filled:
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
(i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed within 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 ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
g. (1) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ❑Yes []No
If yes,
(ii) Avg. length of area to be filled:
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary
utility lines? []Yes ®No detour structures? []Yes ®No
If yes, explain: If yes, explain:
If this portion of the proposed project has already received
approval from local authorities, please attach a copy of the
approval or certification.
< Form continues on back>
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
1o2606
Form DCM MP-5 (Bridges and Culverts, Page 4 of 4)
c. Will the proposed project require any work channels?
❑Yes ®No
If yes, complete Form DCM-MP-2.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
N/A
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? []Yes ®No
If yes, complete form MP-2, Section 3 for Shoreline
Stabilization only.
-7- 11 - IT
d. How will excavated or fill material be kept on site and erosion
controlled?
N?A The site is stabilized by granite Rip Rap from the
culvert installation 2 years ago
I. Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Date
11 nee rcr,..e I Tam G��s
Project Name y� Rp
Jcvrtci (" r rr� d- C(tenY(eS
Applicant Name
/% .O,Z
Applicant Signature
RECEIVED
AUG 0 3 2018
DCM-WARD
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
252-808-2808 1-888-IRCOAST ,, istai.: _ revised. 1026: 06
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Permit Checklist
Major Development Permit#
Excavation/Fill
Applicant ged
Address
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MP Forms
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Additional Comments On Back
Permit Class
NEW
Permit Number
XX-18
STATE OF 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
Issued to Britt Real Estate. LLC.. PO Box 12085. Raleieh. NC 27605
Authorizing development in Hyde County at Wallace Canal off Kitty Creek. at 739
Swamp Rd. in Engelhard , as requested in the permittee's application dated 7/11/18, including
attached workplan drawings (3), all dated 7/11/18.
This permit, issued on Month XX, 2018 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
u mese terms may De subject to totes, impnsonmem or civic acuon; or may cause me permn to oe nutt ana voia.
Agricultural Drainaze System
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the installation of the agricultural drainage system, including the culverts
and tide gates, all as expressly and specifically set forth in the attached permit application and
workplan drawings. Any other work or development proposed in an Area of Environmental Concern
shall require a review and authorization from the Divisi of Coastal Management prior to work
commencing.
/or Dp°� w�-n Gam(
2) No vegetated wetlands Shall be excavated or filled, even temporarily, auuid&ef 4he annrou@ ul*ert
aligameai.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
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, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Britt Real Estate, LLC.
Permit No. XX-18
Page 2 of 2
ADDITIONAL CONDITIONS
3) This permit does not authorize any fill o excavation wate of the approved culve alignment
beyond wh is necessary to install t e agricultural dra' water
system.
4) The f11 aterial shall be 7ained
d free of any po tants except in trace qua ties.
5) All ill material shall be o from at igh ground source.
Nedlmen won and Erosion Control
6) A ground cover sufficient t strain erosion shall be provided ' n 30 calendar days of any phase of
grading on cut or fille opes to ensure that eroded mat provided
not enter adjacent wetlands,
watercourses or_pwperties. At a minimum, a silt fence shall be properly installed between any disturbed
areas and adj cent wetlands or watercourses immediately following completion of backfrlling activities.
General
7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
8) 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.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-01718) issued 9/24/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project byway of General Water
Quality Certification 4144 and assigned the project DWR Project No. 18-1189.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 946-6481 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $250 was received by DCM for this project.
***This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet
Applicant /1 t GZ G
Date: /;2/0tj
Project Site County G
Staff.. /
.1
District: ❑Elizabeth City ashington
❑Morehead City El Wilmington .
Project Name: pier extension with platform
Rover File:
Date application `received as complete" in the Field office ( : 1 007):
SITE DESCRIPTION/PERMIT INFORMATION
PNA: RYes []No
Photos Taken: Yes ❑ No
Setback Required (riparian): ❑Yes Me
Critical Habitat: El Yes o ❑Not Sure
15 foot waiver obtained: ❑ Yes No
Returned:
Hazard go
❑Ves go
SAV:❑Yes o ❑Not Sun;
Shell Bottom: ❑Yes ANO 0 Not Sure
Temporary Impacts: ❑Ye
No
Sandbags: Yes No ❑ Not Sure
Did the land f4e classification come from
countyt. Yes ❑No
Mitigatio quirod (optional):
El Yes ANo
Moratorium Conditions: ❑Yes No
❑NA
Environ ntal Assessment Done:
[IYesANo ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FINS)
Ll Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
High Quality Waters (HQW)
❑ Outstanding Resource Waters (ORW)
WETLANDS IMPACTED /v
❑ (404) Corp. of Engineers Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Saficomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Sparlina
altemiflora)
cynosumides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemeianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
I(A) Private w/D&F up to 1 acre; 3490
Ellll(D) Priv. public or Comm w/D&F to 1
can be applied - $250
acre; 3490 cant be applied - $400
❑ Minor Mo lfication 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
El Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
El ll. Public or commerciaUno dredge
100
and/or fill - $400
RECEIVED
Private no dredge and/or fill - $250
❑ 111(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
AUG 2 7 2018
DWQ agreement - $400
DCM-MHD CITY
252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 02/15/10
.,
NC Divls pn # GOaiptai_ lgt. Application Computer Sheet, Page 2 of 4)
Applicant. 4(ja LL':_--
Date: P%?Ap
Describe bellow the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
ose
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
e
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work M
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
-
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
—Work
❑ Y ❑ N
New El
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
—Work
❑ Y ❑ N
New [I
Replace
Maint ❑
❑ Y-❑ N
New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
—Work
❑ Y ❑ N
New El
Replace
Maint El
❑Y❑N
New Work
Replace
Maint ❑
❑ Y [:IN
RIMEIVED
New Work 0
Replace
Maint ❑
❑ Y ❑ N
A
D M-MHD CITY
revised 02115//0
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a)
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
RECEIVED
AUG 2 7 1t8
DCM-MHD CITY
revised 02/15/10
MC Division of Coastal
�M{ t. Application Computer Sheet, Page 3 of 4)
Applicant.
Date:
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tamp impacts)
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
tam im ads
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Dredge ❑ - Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other El
-
Dredge ❑ Fill ❑ Both ❑ Other ❑
'
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other Cl-
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
AUG 21 2019
DCM-MHD CITY
252.808-2808 :: 14188-4RCOA8T :: w .nccoastalmanaaement.net
revised: 02/15/10
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Britt Real Estate LLC
2. LOCATION OF PROJECT SITE: Project site is located off SR 1315 at 739 Swamp Road on the Wallace
canal off Kitty Creek in the Town of Engelhard, Hyde County, North Carolina.
Photo Index - 2006:114-8945 W-14 2000:114-1387 D-10 1995: N/A
Lat Long Coordinates: 35°31' 12.42" N, 76°00' 14.95 W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8 August 2018
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received — 3 August 2018
Office - Washington
6. SITE DESCRIPTION:
7
(A) Local Land Use Plan - Hyde County
Land Classification From LUP — Rural with services
(B) AEC(s) Involved: EW, PTA, ES, PTS
(D) Water Dependent: Yes
(D) Intended Use: Agriculture Drainage
(E) Wastewater Treatment: Existing - None.
Planned -None
(F) Type of Structures: Existing - None
Planned — 2- 36" tide gates.
(G) Estimated Annual Rate of Erosion: Unknown
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Canal
(C) Other
Uplands
(D) Total Area Disturbed: ft2' (0.0 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC HQW
Open: NO
8. PROJECT SUMMARY: The applicant proposes to place 2-tide gates to two existing 36" diameter culverts to
prevent saltwater intrusion in the agriculture drainage system upstream.
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
Britt Real Estate LLC
Wallace Canal
Hyde County
Project Setting
The project site is located off SR 1315 at 739 Swamp Road adjacent Wallace Canal off Kitty Creek
in the Town of Engelhard, Hyde County, North Carolina. The project site is the first driveway
crossing of Wallace Canal t3,955' upstream of the HWY 264 bridge crossing and well above any
tidal Coastal Wetland marsh. Wallace canal parallels SR 1315 and was likely a borrow source for
the construction of the road. Wallace canal intercepts Kitty Creek at its headwaters and at its
confluence with Far Creek. Land uses that drain through Wallace canal are primarily agriculture,
although there are 24 residences adjacent SR 1315.
CAMA/Dredge and Fill General permit no. 62961-B issued on 27 August 2014 authorized the
replacement of the culvert(s) with 2-36" x 30 long culverts. When this work was undertaken the
pipes were installed with a collar that serves as a bracket that facilitates the installation of a tide
gate.
Kitty Creek and Far Creek are designated primary nursery areas by the Marine Fisheries
Commission and SC HQW by the Environmental Management Commission and is closed to
shellfishing.
Project Description
The applicant proposes to install the tide gate to the existing culverts for the purpose of preventing
saltwater intrusion upstream of the location. The installation of the tide gates will not disturb any
land form and will be done by simply bolting the gate to the existing collar on the existing pipes.
Anticipated Impacts
The project as proposed will prevent the movement of aquatic organisms and their use of upstream
habitats above the project site.
Steve Trowel! — Washington Regional Office —15 August 2018
RECEIVED
AUG 7 118
DCM-MHD CITY
Wallace Canal Tide Gates
Major CAMA Permit Application
Project Narrative
7-11-2018
MP1, 6-a
Mr. Charles Duncan and Mr. James Britt are applying for a Major CAMA permit to install two 36"
tide gates onto existing culverts in the vicinity of 812 Swamp Rd. Engelhard NC, 27824.
The gates will be installed on existing pipes with existing flanges so no heavy machinery will be
needed and no excavation or fill will take place. This site was selected because it is the best location to
protect +/- 560 Acres of property from Salt Water Intrusion. The area consists of prime agricultural crop
land, pine plantation, and 23 residences along Swamp Road. The mitigation of potential salt water
intrusion will be beneficial to hundreds of thousands of dollars' worth of improved property and several
dozen citizens. This location is also upstream of the transition between coastal wetland and upland
habitat as seen on site and from aerials so the tide gates will not have a negative impact on coastal
wetlands.
RECEIVED
AUG 0 3 2018
DCM-WARO
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
BOOK 273 PAGE 41 (6)
405784 111111111111111111
This document Presented and filed:
051282017 02:15:29 PM
E MERITA LEWIS-SPENCER, HYDE COUNTY, NC
Excise Tax: $2.200,00
Excise Tax $2200.00
Mali arrer recoronlg TO: Lanier
This instrument was prepared
Brief Description for the Index
THIS DEED
certify that no delinquent Ad Valorem taxes or other taxes
With which this office is charged are a him on the property
Described in this deed.
WIN M.
NORTH CAROLINA GENERAL WARRANTY DEED
GRANTOR
Benjamin Ray Bonney, Jr. and wife,
Wanda O. Bonney
12 Ocean View Loop
Southern Shores, NC 27949
between
GRANTEE
Charles R. Duncan, III
and
Brht Real Estate, LLC, as tenants In common
PO Box 72085
Raleigh, NC 27605
The designation Grantor and Grantee as used herein shad Include said parties, their heirs, successors, and assigns,
and shall Include singular, plural, masculine, feminine or neuter as required by context
WTTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all
that certain lot or parcel of land situated In Hyde County, North Carolina and more pankWarly described as follows-.
AB that certain piece or parcel of land lying and being on the Island of Ocracoke, Ocracoke Township, Hyde
County, North Carolina, adjoining the lands of Dean Ballance, N.C. State Road No. 1334, and others, and
bounded as follows:
See attached-Exhibt A" incorporated herein by reference
The property hereinabove described was acquired by Grantor by Instrument recorded in Deed Book 172, page 751;
Deed Book 18I, page 895; Deed Book 243, page 18; Deed Book 175, page 245; Deed Book 203, page 98; Deed
Book 173, page 512; and Deed Book 173, page 515, Hyde County Registry.
RECEIVED
AUG 0 3 2018
DCM.WARO
RECEIVED
AUG 21 2018
DCM-MHD CITY
BK 273 PG 042 DOC#405784
A map showing the above described property is recorded in Map Book, Page.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all prMleges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions
hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Easements, restrictions and zoning regulationv
IN V/ITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has "used this
instrument to be signed In its corporate name by Its duly authorized officers. the day and year first above
written.
RECEIVED
AUG 03 2018
(SEAL) DCM-wARO
' min
- (SEAL)
We . Bonney
State of t —u
1 . CitylConty of PARL
W,,,
*a OCIt -
W Z STAMA4£ 4,
1, a Notary Public of the County and State aforesaid, certify that Benjamin Ray Bonney,
Jr. Wanda O.
yOs.
and Bonney personally appeared before me this day and acknowledged
the execution of the foregoing instrument Witness my hand and official stamp or
Notor f =
seal, this day of 2017.
Dore Ceubh iC
(SEAL)
.'
jHCABO"\�
Notary Public
My commission expires: 311-r 1 Ln7�
RECEIVED
AUG 927 2018
fold -MI -ID CITY
BK 273 PG 043 DOC#405784
EXHIBIT A
TRACT ONE:
Bounded on the West by State Road No. 1315, on the North by Reggie Spencer, East by
Benjamin Ray Bonney and South now or formerly Allen Gibbs. The same being the home place
of Hanna Neal Wright. Beginning at a point in the center of the State Road a common corner
with the Norma Rase Bonney et al tract, and running thence with the center of a ditch North 66
degrees 35 minutes 26 seconds East 270 feet to the Northwest comer of the Benjamin Ray
Bonney tract; running thence, part of the way with the center of a ditch; South 52 degrees 37
minutes 35 seconds East 708 feet to a point in the center of a ditch; running thence with the
center of said ditch and the Allen Gibbs line, South 65 degrees 25 minutes 40 seconds West 242
feet to a point in the centerline of State Road; running thence with the centerline of said road a
northwesterly course to the point of beginning. This is a part of the John Neal land. See map
Real Estate Book 147, Page 084 for map.
TRACT TWO
All that certain parcel of Ian located in Lake Landing Township, Hyde County, North Carolina
containing 34.65 acres, more or less as shown on that certain plat of survey drawn by Hersey A.
Knight P.LS., under the date of January 18, 2000, entitled "...Allen F. Gibbs and wife, Dorothy
B. Gibbs....", a copy of which is recorded in Plat Cabinet C at Slide No. 68-D.
TRACT THREE
BEGINNING at an iron pin set in the center of a canal, said iron pin being located North 66 deg.
35 min. 26 sec. East 270 feet from the centerline of SR 1315, running thence North 66 deg. 35
min. 26 sec. East along a ditch bounded on the Northwest by the property now or formerly
Norma Rose Bonney and JoAnna Rose White 2,393 feet to an iron pin located m the center of a
ditch, cornering; running thence South 51 deg. 33 min. East along the centerline of a ditch
bounded on the North by the lands now or formerly C. Gilbert Gibbs 646.6 feet to a point
comering; running thence South 65 deg. 25 min. 40 sec. West 10 feet to an iron pin; continuing
thence South 65 deg. 25 min. 40 sec. West along the centerline of a ditch and bounded on the
South by the lands now or formerly Alan Gibbs 2,342.8 feet to an iron pin, cornering; running
thence North 52 deg. 37 min. 35 sec. West along the centerline of a ditch 708 feet to the POINT
AND PLACE OF BEGINNING contacting 3254 acres, more or less.
Them is also conveyed herein an easement 25 feet in width from the Northeast right-of-way of
SR 1315 across the lands of the Grantor to the property conveyed herein.
The property and easement described herein is more particularly described on that certain plat
entitled "Land Being Conveyed By Hanna Neal Wright to Ray Bonney, lake Landing
Township, Hyde County, N.C., Date: May 19, 1993, Scale: 1' — 200"' prepared by Henry
Cunningham, Registered Surveyor attached to that deed recorded in Deed Book 147 at Page
082, Hyde County Registry which is incorporated herein by reference.
RECEIVED
4 UG 03 2018
DCM_wARO
RECEIVED
AUG 2 9 ?918
DCM-MHD CITY
BK 273 PG 044 DOC#405784
TRACT FOUR: -
Those three certain tracts of land known and designated as Lots J 1, 2 and 3 as shown on the
map prepared in the Division of the Farm Land of J. E. Rose, Deceased, which map is duly
recorded in Deed hook 39 on Page 276 in the Office of the Register of Deeds of Hyde County,
North Carolina. See Deed from Ira Rose and Gladys M. Rose to Theodore Rose and wife,
Bonnie Lillian Cuthrell Rose, duly recorded in Deed Book 75 on Page I in said Registrar's office
and Deed from James Ray Wood and wife, Louella Webb Wood to Theodore Rose and wife,
Bonnie Lillian Cuthrell Rose recordedin Deed Book 74 on Page 26 in said Registrar's office. See
also will of J. E. Rose recorded in Will Book 14 on Page 170 in the Office of the Clerk of Superior
Court of Hyde County, North Carolina. Being the same portion of land conveyed by Theodore
Rose and wife, Bonnie Lillian Cuthrell Rose to Norma Rose Bonney, Joanna Rose White, Marion
Rose Heilman, Paula Rose Attix, William T. Rose and Jerry E. Rose, subject to the life estate of
Theodore Rose and wife, Bonnie Lillian CuthreB Rose, by Deed dated February 7, 1964,
recorded in Deed Book 78 on Page 617 in said Registrar's Office.
There is excepted from Tract 12 a square block of land measuring 100 feet on each side
surrounding the graves of John Edward Rose and other members of his family.
TRACT FIVE:
FIRST TRACT:
BEGINNING at a post on the North bank of the Wallace Canal at a point where the same is
intersected by the division line running between the lands allotted to W.C. Davis and the lands
allotted to the "Minor Heirs' in a special proceeding for division entitled J. E. Rose vs. W.C.
Davis et ak thence running North 56 degrees East 6470 feet to the Edward Spencer Patent line;
thence running with said Patent line North 62 degrees West 249 feet to a post; thence running
South 56 degrees West 6359 feet to the northward edge of the Wallace Canal; thence running
South 35 degrees East 220 feet to the point of beginning, containing 32.33 acres, more or less.
SECOND TRACT:
BEGINNING at the Southwest comer of the Uriah Harris land on the Northeast bank of the
Wallace Canal; thence running in a northeastwardly direction, with said Hams line, to Edward
Spencei s Patent line; thence running in a northwestwardly direction with said Patent line, to
the Anson S. Gibbs line; thence naming in a southwestwardly direction, with said Gibbs line, to
the Wallace Canal; thence running with said canal to the point of beginning, containing 62.5
acres, more or less.
THIRD TRACT:
BEGINNING at a point in the North bank of the Wallace Canal about 12 feet North of the North
edge of the "Uriah Harris Leading Ditch" which Huss along the northward side of the tract of
land formerly known as the "Uriah Harris Field"; thence running with the North edge of said
Canal, a southwardly course, to the edge of said Uriah Harris Leading Ditch"; thence running
ning
RECEIVE p
AUG 03 2018
DCM_wgRO
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
BK 273 PG 045 DOC#405784
along the edge of said leading ditch bank an eastwardly course to the back line of the Uriah
Harris Tract" thence running in a northwardly direction, 12 feet to the South line of the W. L.
Patrick land; thence running with said southward line of the Patrick land, a westwardly course
to the beginning, containing one acre, more or less.
There is excepted from the above described three tracts the following real property which was
heretofore conveyed to others by the Grantors herein and the predecessors in title of the
Grantors herein:
OUTPARCEL NUMBER ONE:
Bounded on the Northeast by that part of the John L Roper Lumber Co. land now owned by
American Cyanamid; bounded on the Southeast by that part of the J. E. Rose tract now owned
by Theodore Rose or some member of his family; bounded on the Southwest by the Waupoppin
or Government Canal; and bounded on the Northwest by that part of the W. B. Neal tract of
woodsland that is now owned by O.K. Hall and wife, containing 35 acres, more or less.
Reference is made to deed in Book 93, Page 29Z Hyde County Registry.
This is that part of the "First Tract" described in a deed from J. Frank Marco and wife to Max G.
Mann et al dated the 30th day of April, 1963, which deed is of record in the Office of the
Register of Deeds of Hyde County, North Carolina, in Deed Book 77, Page 272, that Iles on the
Northeast side of the Waupoppin or Government Canal.
• ir:1 Lfult 1 K •
BEGINNING at an iron pipe set in the Easterly edge of the right of way of SR 1315, said point of
beginning being located along the Easterly edge of the Wallace Canal and the
Northwestentmost comer of that property conveyed to a Rose in Deed Book 74, Page 26, Hyde
County Registry and thence from said point of beginning and along said Wallace Canal North
28 degrees 19 minutes 53 seconds West 201.86 feet to an iron pipe set; thence North 64 degrees
04 minutes 38 seconds East 389.60 feet to an iron pipe; thence South 27 degrees 07 minutes 10
seconds East 20824 feet to an iron pipe set; thence South 65 degrees 02 minutes 46 seconds West
38552 feet to the point of beginning containing 1.82 acres as the same is shown on that map
entitled "Survey for Thomas D. Holadia and Wife, Dorothy G. Holadia" dated April 26, 1999,
prepared by James J. Albera, Professional Land Surveyor, to which reference is made. Reference
is made to Deed Book 77, Page 27Z and map recorded in Deed Book 39, Page 276, Hyde County
Registry. Reference is made to deed from Edward L. Mann & Wife, Cheryl W. Mann to"Lhomas
D. Holadia & Wife, Dorothy G. Holadia in Deed book 177, Page 446, Hyde County Registry.
RECEIVED
AUG 0 8 2018
DCM_wgRO
RECEIVED
AUG 2 71318
DCM-MHD CITY
BK 273 PG 046 DOC#405784
TRACT SIX
Bounded on the Northeast by that John L Roper Lumber Company tract now or formerly
owned by Pamlico, Inc.; bounded on the Southeast by the Home Place of Hannah Neal Wright;
bounded on the Southwest by the Wallace Canal that nuns along the Northeast side of North
Carolina State Road No. 1315, better known as the "Swamp Road"; and bounded on the
Northwest by that parcel of lane that was devised by John Edward Rose to his grandson, James
Ray Wood, containing _ acres, more or less.
This is the identical and same land that was devised to Eunice Rose Spencer by her father, John
Edward Rose, as Lot No. 4 in "Item Three" of his Last Will and Testament which was probated
on March 15, 1%1, and which is of record in the Office of the Clerk of the Superior Court of
Hyde County, North Carolina, in Will Book 14, page 170. Reference is hereby made to said
record and the same is to be taken as a part hereof for the purpose of description.
RECEIVED
AUG 0 3 p018
DCM.wgRo
RECEIVED
AUG 2 7 2018
C)cM4AHD CITY
Wallace Canal Tide Gates
Major LAMA Permit Application
Riparian Landowner List
7-11-2018
MP1, 6(f)
HALLA, OLIVIA K
1142 SWAMP RD
ENGELHARD, NC 27824
HOLADAI, THOMAS D
9855 N LAKE RD
FAIRFIELD, NC 27826
DAVIS, KELLY
19770 US 264
SWAN QUARTER, NC 27885
NC DOT DARICK LEE, DISTRICT 1
19210 US 64 East
WILIAMSTON, NC 27892
RECEIVED
AUG 03 2018
DCM_wgRO
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized uc„n10 j J5 i I n n
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at g 1 Z S
in I v� c _County.
L LC"I
Ik- In,54AIlodiati
E4
lazy
AUG 03 2018
I furthermore certify that 1 am authorized to grant, and do in fact granT ijt7p, (o
Division of Coastal Management staff, the Local Permit Officer and their agents to e
on the aforementioned lands in connection with evaluating information related to this
permit application.
Owner Inform do
?Wt" '7l, q%ffff&1 M&1Z
61 a�gn u
carves � n J2
Print ogType Af4me
This certification is valid through 1 2.. / 19 / 20 i g
RECEIVED
AUG 2 7 2018
;)t,M-MHD CITY
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: 6} ACL F6 Jn! (A, )
Mailing Address:
Phone Number:
Email Address: C (1 Uk/I7a Cz o t ✓tP (? ✓)C. Z/Z • Le v�
!,
I certify that I have authorized DAm,a r I n r\
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: T k e i no la (I o f ien
D� -Fwr--) 41A& flc%tcS 11^, pex(skir<�f-s
at my property located at g I Z S �. �,� R�, En�� (4���� NC, 2�x2y
G
in �� c County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
7 Pro y Owner Information: RECEIVE
AUG 03 2018
Signature C L)CM-WARo
O C5 %�i -Dill Cxr) tl-:
Print or Type Name
Title
Date
This certification is valid through 12- / 19 I 20 I ? RECEIVED
AUG 27":018
DCM-MHD CITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Dnecfor
James Britt & Charles Duncan
P.O. Box 12085
Raleigh NC 27824
NORTH CAROLINA
Envfronmenfol QuaW
Dear Mr. Britt & Mr. Duncan:
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located off SR 1315 at 739
Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard Hyde County,
North Carolina. It was received on 3 August 2018, and appears to be adequate for processing
at this time. The projected deadline for making a decision is 17 October 2018. 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. Steve Trowell, Field Representative for the Division of Coastal
Management is responsible for processing your permit and he can be reached at 252-948-
3854 or via email at Steve.TrowellOncdenr.gov if you have any questions.
If this agency does not render a permit decision within 70 days from 3 August 2018,
you may request a meeting with the Director of the Division of Coastal Management and
permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119Cb) 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 frontingyour 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
�j AUG 2 7 2018
OCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead CM Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808
r .'t
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
6e
Steve Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Greg Bodnar - Assistant Major Permit Coordinator
WARO
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
North Carolina Deparrment of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mail I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wihningtor4 North Carolina 28405 1910.796.7215
Morehead City 0111ce 1 400 Commerce Avenue I Morehead Cttv. North Carolina 28557 1 252.8082808
e .`
ROY COOPER NORTH CAROLINA
Governor Environmental Quaffty
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Dlrecror
Daniel Brinn
30 Oyster Creek Rd
P.O. Box 219
Swan Quarter NC 27885
Dear Mr. Brinn:
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located off SR 1315 at 739
Swamp Rd adjacent Wallace Canal off Kitty Creek in the Town of Engelhard Hyde County,
North Carolina. It was received on 3 August 2018, and appears to be adequate for processing
at this time. The projected deadline for making a decision is 17 October 2018. 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. Steve Trowell, Field Representative for the Division of Coastal
Management is responsible for processing your permit and he can be reached at 252-948-
3854 or via email at Steve.Trowell@ncdenr,gov if you have any questions.
If this agency does not render a permit decision within 70 days from 3 August 2018,
you may request a meeting with the Director of the Division of Coastal Management and
permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which
must be posted at the property of your proposed development. You should post this notice
at a conspicuous point along your property where it can be observed from a public road.
Some examples would be: Nailing the notice card to a telephone pole or tree along the road
right-of-way fronting your property, or at a point along the road right-of-way where a private
road would lead one into your property. Failure to post this notice could result in an
incomplete application.
RECEIVED
3 AUG 2 7 2018
D_E
North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252946.6481
Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215
Morehead Chv office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Steve Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Greg Bodnar - Assistant Major Permit Coordinator
WARD
RECEIVED
AUG 2 7 ' i'9
e �3 DCM-MHD CITY
a.q
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 2.52.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead CIN Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808
CALVIA PERMIT
APPLIED FOR
• • • • i._ • • • • M.
C ff - •1. . IS
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Pllbjj:sb bot.+e aio Ay TAC3-r
Coastlnnd T: mas.
COMMENTS ACCEPTED THROUGH sQ Sepiember aon
LOCALAPPLICANT: FOR MORE DETAILS CONTACT
THE OFFICER : •
•• • .• i
. •A !Q • ► 1 1 ISNc ar
•
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
COASTLAND TIMES
PO BOX 400
MANTEO, NC 27954
Attention
NORTH CAROLINA
Environmental Quality
22 August 2018
Legal Advertising Department
Please include the enclosed Notice of Filing in the Public Notice section of the 26 August
2018 edition of your newspaper. If it will not be possible to include this notice in that edition, or
if you should have any questions about this notice, please call me as soon as possible at 948-3820.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to:
Melissa Sebastian
NCDEQ
COASTAL MANAGEMENT DIVISION
400 COMMERCE AVENUE
MOREHEAD NC 28557
252-808-2808 ext. 229
SSiin(cerre�ly,
v9'
Keri Sparks, Administrative Assistant
Division of Coastal Management
ATTACHMENT Cc: File
RECEIVED
AUG 2 7 ?.C18
DCM-MHD CITY
North Carolina Department of Environmental Quality I Dhision of coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead ON Office 1 400 Commerce Avenue I Morehead ON. North Carolina 28557 1 252.8082808
NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of
Environmental Concern as designated under the Coastal Area Management Act (CAMA) was
received on 3 August 2018. According to the said application submitted by Daniel Brinn, applicant
proposes to install tide gate to existing culverts for the purpose of preventing saltwater intrusion
upstream of the location SR 1315 at 739 Swamp Rd adjacent Wallace Canal off Kitty Creek in the
Town of Engelhard, Hyde County North Carolina.
A copy of the entire application may be examined or copied at the office of Jonathan R.
Howell, District Manager, Washington Regional Office, 943 Washington Square Mall,
Washington, NC, during normal business hours. Public comments received by 06 September 2018
will be considered. Later comments will be accepted and considered up to the time of permit
decision. Project modifications may occur based on further review and comments. Notice of the
permit decision in this matter will be provided upon written request.
Steve Trowell
Coastal Management Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
(252)948-3854
Please publish on: 26 August 2018
NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
RECEIVED
D Q�� DC
M MHp C1TY
.....
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1943 Washington Square Mall I Washington, North Carolina 278891 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796,7215
Morehead Chv Office 1 400 Commerce Avenue I Morehead Chv. North Carolina 28557 1 252.808.2808
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RIPARIAN NOTIFICATION FOR
CAMA MAJOR PERMIT APPLICATIONS
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P 0 Box 219
Swan Quarter, NC 27885
Certified Mail — Return Receipt Requested
July filth, 2018
HALLA, OLIVIA K
1142 SWAMP RD
ENGELHARD, NC 27824
Dear Mrs. Halla
James Britt and Charles Duncan are applying for a CAMA Major permit to install tide on existing 36"
culverts located at 812 Swamp Rd, Engelhard, NC 27824, in Hyde County, North Carolina. The specifics of
the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
dbrinn@hydecountync.gov
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MPS, Drawings/Maps
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
RIPARIAN NOTIFICATION FOR
CAMA MAJOR PERMIT APPLICATIONS
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail —Return Receipt Requested
July lath, 2018
KELLY DAVIS
19770 US 264
SWAN QUARTER, NC 27885
Dear Mrs. Davis
James Britt and Charles Duncan are applying for a CAMA Major permit to install tide on existing 36"
culverts located at 812 Swamp Rd, Engelhard, NC 27824, in Hyde County, North Carolina. The specifics of
the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
dbrinn@hydecountync.gov
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP5, Drawings/Maps RECEIVED
AUG 2 7 2018
DC V1-MHD CITY
RIPARIAN NOTIFICATION FOR
CAMA MAJOR PERMIT APPLICATIONS
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P 0 Box 219
Swan Quarter, NC 27885
Certified Mail— Return Receipt Requested
July 11th, 2018
THOMAS D HOLADAI
9855 N LAKE RD
FAIRFIELD, NC 27826
Dear Mr. Holadai
James Britt and Charles Duncan are applying for a CAMA Major permit to Install tide on existing 36"
culverts located at 812 Swamp Rd, Engelhard, NC 27824, in Hyde County, North Carolina. The specifics of
the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
dbrinn@hydecountync.gov
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP5, Drawings/Maps
DECEIVED
AUG 2 7 2018
DCM-MHD CITY
RIPARIAN NOTIFICATION FOR
CAMA MAJOR PERMIT APPLICATIONS
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail — Return Receipt Requested
July 11th, 2018
NC DOT DARICK LEE, DISTRICT 1
19210 US 64 East
WILIAMSTON, NC 27892
Dear Mr. Lee
James Britt and Charles Duncan are applying for a CAMA Major permit to install tide on existing 36"
culverts located at 812 Swamp Rd, Engelhard, NC 27924, in Hyde County, North Carolina. The specifics of
the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
dbrinn@hydecountync.gov
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP5, Drawings/Maps
RECEIVED
WG `z
WARO TRACKING FORM
Date application first received in WaRO 8-b- ( 8
Date application received as complete
"'
Check
Narrative
Y
MP-1
AI `
MP-2
M 1A_
MP-3
N1A
MP-4
MP-S
_!L
Agent Authorization Form
H%A 15' Waiver Left Side
Deed
Location Map
Plat(s)
Cross Section(s)
Green Cards
Postal Receipts
lefts to A03cert Property Owners
t4L /,4 Mitigation Plan
N A 15' Wavier Right Side
Preliminary review by
Date 6- 6-�y
RECEIVED
AUG 2 7 2018
DCM-MHD CITY
NC Division of Coastal Management
Cashier's Official Receipt
Received From:
Permit No.:
Applicant's
Project Add
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
6459 A B C D
y
RECEIVED
AUG 2 1 1U18
0CM-MAD C1TV
MAJOR PERIVINT1 IN EC hkA71 X
selection Devalopmmoffl 7ypa r&S 11 DC109 % 11 DWO %
(14300 1601 435 u000931625 6253) (243001602 435100095 2341)
velopment that does not
$250
i 100% ($250)
in the tilling or
cavation of any wetlands
'
open water areas:
Public or commercial
Je
velopment that does not
$400100%($400)
0%($0)
volve the filling orcavation
of any wetlands
0 n water areas:
ajor Modification to a
$250
100% ($250)
00/0($0)
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
III(A). Private, n4lied
commercial devea
t, if $250 100% ($250) 0% ($0)
General Water
Certification Noee
attached can b:III(B). Public or ialdevelopment, if$400 100%($400) 0% ($0)
Water Quality CnNo. 3490 (See )
Quality Certification No. $400 60% ($240) 40% ($160)
3900 (see attached) could
be applied, but DCM staff RECEIVED
that additional
review and written DWQ
concurrence is needed AUG 2 7 2018
because of concerns
related to water quality or
anuatic life- DCM-MHD Cl'
Quality Certification No. $400 60% ($240) 40% ($160)
3900 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $4 i5 60% ($2fi5) 40% ($190)
excavation of more than
one acre of wetlands and/or