115-90 Newman, Tommy

Permit Class r
NEW
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
PrMt't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to
authorizing development in Hyde County at SR1129 on Fodrey Creek i
as requested in the permittee's application
Permit Number
115-90
j6 ? 4 1950 j
This permit, issued on August 21, 1990 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) Silt screens must be erected between the spoil area, adjacent wetlands,
and Fodrev Creek before deposition of any fill material commences. These
silt fences must be maintained until the fill materials are vegetated.
No fill materials should be deposited in or allowed to enter adjacent
wetlands or Fodrey Creek.
2) No fill material, other than topsoil for the purpose of planting
vegetation to increase the stability of the site, will be placed within
the 30' ORW buffer zone. A vegetative cover in this area must be
provided with 30 working or 120 calendar days after project completion.
3) The fill area must be properly graded. Slopes must be at an angle no
steeper than 1-1/2 H : 1 V.
4) The alignment of the 30' buffer zone must be flagged by a representative
from the Division of Coastal Management prior to project initiation.
(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. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31. 1993
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 DEHNR and the
Chairman of the Coastal Resources Commission.
74' r N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Tommy Newman .
ADDITIONAL CONDITIONS
Permit #115-90
Page 2 of 2
5) All fill materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of fill into any marsh or
surrounding waters.
6) No marsh grass will be excavated and/or filled, except those that are
growing on the existing spoil site and within the authorized alignment of
the fill area.
7) The permittee will 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 abandons the project without
having the permit transferred to a third party.
NOTE: This project may create mosquito breeding problems. For information
regarding appropriate mosquito control measures, contact the Vector
Control Branch at.[phone].
NOTE: Section 401 Water Quality Certification (WQC) No. 2504 was issued
for this project by the Division of Environmental Management on
August 17, 1990. Any violation of the WQC will be considered a
violation of this permit.

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
1424 Carolina Avenue • Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
3 October 1990
Mr. Tommy Newman -------.«
P.O. Box 101
Swan Quarter, North Carolina 27885
Dear Mr. Newman:
Roger N. Schecter
Director
UFO
• tR �s'•
fl OCT 0 5 1990
This letter of refinement is in reference to your 2 October 1990 request to
modify Major CAMA and Dredge and Fill Permit 0115-90 issued to you on 21 August
1990. Permit 40115-90 was issued for the placement of fill material atop a
previously existing dredge spoil area to facilitate access to an existing pier
and commercial fishing operation onsite of ,vour,property off SR 1129 near Swan
Quarter on Fodrey Creek.
Your request to modify the aforementioned permit to allow the installation of a
55, long wooden bulkhead to help retain permitted fill material is hereby
authorized. All permit conditions including the 31 December 1993 expiration
date still apply and remain unchanged. Your modified plat illustrating the
authorized change will become a part of ,your permit and file and construction
should be accomplished accordingly. The alignment of the proposed 55' bulkhead
must be staked by a representative of the Division of Coastal Management prior
to beginning construction.
Thank you for your time and cooperation in this matter. If you have any
questions please don't hesitate to contact me or Raleigh Bland in the Washington
Regional Office.
Sincerely,
Terry E. Moore
District Manager
Washington Office
TEM/aht_
cc: R igh Bland - Field Representative, DCM
reston Pate - Assistant Director, DCM
John Parker - Major Permits Manager, DCM
Cliff Winefordner - U.S. Army Corps of Engineers
Box 1507 - Washington, North Carolina 27889 • Telephone 919-946-WI
An Equal Opportunity AlBnnati a Action Employer

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JUN 0 0 1990
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett
William W. Cobey, Jr., Secretary Director
4 June 1990
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Division of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
Tommy Newman
Applicant's Name
Creek
x for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development permit ....
for a CAMA major development permit (only) ....
for a dredge and fill permit (only) ....
has been reviewed by this District Office and is being forwarded to you
along with a Field Investigation Report for further application processing,
including circulation to State agencies having interest and/or jurisdiction
over the subject matter which might be affected by the project.
The recommendation of this Office is covered on the reverse side;
x attached; will be forward3Tter.
Sincerely,
Terry Moore, Manager
Washington District
PA. Box 27697, Ra6gh, Nadi Carolina 27611-7697 TekOh w 919733-2293

0. _ (M;DThis;off:a'ce has no objection to the project as proposed.
-b.�.--. ... L��.-. --
(B) This office has no comment on the project as proposed.
x (C) This office approves of the project (or project concept) and/or recommends
these minor refinements for project management.,
(See attached sheet)
(D) This office objects to the project and recommends permit denial based
on a finding of:
(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and tfill
law)as enumerated below:
(e)(1) ... that there will be significant (e)(2) ... that there will be signifi-
adverse effect of the proposed dredg- cant adverse effect on the value
ing and filling on the use of the and I enjoynent of the property of
water by the public; any riparian oNners;'
(e)(3) ... that there will be significant
adverse effect on public health,
safety, and welfare;
... that there will be signifi-
cant adverse effect on the con-
servation of`public and private
water supplies;
(e)(5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
- fisheries.
(e)(4)
Inconsistency, with Rules of the Coastal Resources Commission
as' enumerated,.in 15 NCAC 7H'A or'other). Please site rule.
(3) Inconsistency with the local Land Use Plan (please elaborate).
(4) Inconsistency with. Rules, Guidelines, or Standards of
this agency'or',' :finding''that the project is in conflict
-with other authority 'or' interest as stipulated' below.
(0 Attachment. Include memorandum or other documentation that support
findings relating to 'D1-4; ''or provide general comments.
�-Signature
4 �Lur �QC1O
Date

Tommy Newman
Hyde County
OOMITIONS
(1) No fill material, other than topsoil for the purpose of planting vegetation
to increase the stability of the site, will be placed within the 30' ORW buffer
zone.
(2) The alignment of the 30' ORW buffer zone will be authorized and flagged by
a representative from the Division of Coastal Management prior to project
initiation.
(3) No fill material will be placed at any time.in any marsh or surrounding
waters 'outside of the alignment of the fill area indicated on the work plats.
(4) All fill materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining
structures to prevent spill -over of fill into any marsh or surrounding waters.
(5) No marsh grass will be excavated and/or filled except those that are growing
on the existing spoil bed and within the authorized alignment of the fill area.
(6) The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The perntittee is not
relieved by this requirement if he abandons the project without having the
permit transferred to a third party.
Raleigh W. Bland - Washington Office - 4 June 1990

DIVISION OF COASTAL MANAGEMENT Lat: 35" 24' 18"
FIELD INVESTIGATION REPORT Long: 760 20' 16"
* * t * x
1. APPLICANT'S NAME Tommy Newman -- Newman's Seafood
2. LOCATION OF PROJECT SITE The proiect is located in Hyde County off SR 1129
near Swan Quarter, adi the south side of Fodrev Creek. Photo ref. 1984 #90-1084 18-T;
3.
4.
INVESTIGATION TYPE: DREDGE & FILL X CANA X
INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 5-25-90
(B) WAS APPLICANT PRESENT Yes
5. PROCESSING PROCEDURE': APPLICATION RECEIVED 5-29-90
OFFICE Washington
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Hyde County
LAND CLASSIFICATION FROM LUP Rural
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP "Any devel-
opment in this class should be compatible with resource protection and should not
sianificantly impair or permanently alter natural resources.
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X ORW
COASTAL WETLANDS X PUBLIC TRUST WATERS_
ESTUARINE WATERS OTHER
(C) WATER DEPENDENT: YES NO X
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING None
pr.A>v>•rnn None
(F) TYPE OF STRUCTURES: EXISTING Pier
nr.Aww.n None
(G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE Applicant
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
Juncus roemerianus
Scirpus rowin on top of an
Stamina patens existin spoil area
Distichlis spicata
(B) NON -VEGETATED WETLANDS:
(C) OTHER:
(D) TOTAL AREA DISTURBED: + 9460 sq ft (old spoil area) will be filled;
approximately 10% of this area is vegetated with marsh.
8. PROJECT SUMMARY: The applicant is proposing to place fill material on top of
an existing + 9460 sq ft spoil bed within an ORW designated area in order to create
an access area for his commercial seafood operation. The spoil bed is sparselV ve e
tated with J. roenerianus, Scirpus spp., S. patens, D.spicata and a variety of other
species including wax myrtles, cedars, broomstraw and other upland grasses. The area
outside of the 30' ORW buffer zone will be filled with Crush & Run stone.

Project setting
The applicant's property is located in Hyde County off SR 1129 near the Town
of Swan Quarter adjacent the south side of Fodrey Creek. Fodrey Creek is
located within the Swan Quarter Bay Outstanding Resource Waters Area. This
area includes a 575' Estuarine Shoreline Area of Environmental Concern and a buf-
fer zone of at least 30' from the mean high water line. The site is + 2' above
MSL and is bordered on the west side by a boat basin and a homogeneous Juncus
►oemr rianus marsh on the east.
As a result of the previous excavation and maintenance activities of the existing
boat basin on the adjacent property, there is an existing + 9460 sq.ft. spoil
bed -located on the project site. The spoil bed is vegetated with a variety of
upland grasses, broomstraw, wax myrtles, cedars, and a sparse mixture of Juncus
roemerianus, .Scirpus spp., Spartina patens, and Distichlis spicata. Based
upon information provided by the applicant this boat basin excavation occurred
prior to permit requirements. The adjacent coastal waters are classified as
SA-ORW by the Environmental Management Commission.
Project description
The applicant is proposing to place fill material on top of an existing + 9460
sq.ft. spoil bed within the boundaries of the ORW Estuarine Shoreline AEC. The
purpose of the proposed activity is to create a stable access area for the ac-
tivities associated with the loading and unloading of commercial fishing boats.
The portion of the project site within the 30' ORW buffer zone will be filled
with topsoil and revegetated with a mixture of upland lawn grasses to increase
the stability of the site. The portion of the project site outside of the 30'
ORW buffer zone will be filled with topsoil and covered with a.4" layer of crush
& run stone; this area will be used as an access and turn -around area for large
trucks.
Anticipated impacts
The project as proposed will result in the filling of + 9460 sq.ft. of Estuarine
Shoreline within an ORW area. This will result in the filling of approximately
946 sq.ft. of J. rnnrmr9anus, Scimpus spp., S. patens, and D_ spicata growing
on top of an existing spoil bed and at an elevation higher than the adjacent
wetlands. Inundation of this area is questionable at best and any flooding would
result from only an extreme flood tide occurrence.
Raleigh W. Bland - Washington Office - 4 June 1990

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Please type or print. Carefully describe all an-
d.
Describe the planned use of the project.
ticipated development activities, including construc-
'LrAfa4'O CT PL•P4Tnn?�ACCESS
tion, excavation, filling, paving, land clearing, and
—to Pi ER t=ora uAD10c, PuRpo6C4
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap.
plicable). Items 1-4 and 8.9 must be completed for
4
LAND AND WATER]'-:x
all projects.
CHARACTERISTICS":. tiyr;
i A_PPLICANT ` {{
a.
Size of entire tract .irk `x 2/- ' 144me
a. Name
b.
c.
Size of individual lot(s) Aavz, ' - %=' N)A
Elevation of tract above mean sea level or Na-
Address _E' o • p oh i O t
tional Geodetic Vertical Datum 'f- r. 'Tc 4-2
Citye �' 't4 urh2 %%i' State ill •G ,
d.
Soil type(s) and texture(s) of tract CiEe ��%u
Zip )-75,,9 IDaypho e �t9�i,'i,Z3'8
�
g55c4ATrcrJ ?
Landowner or Authorized agent
b. Project name (if any) 45e- '14;, 'h h%•-4!"-cc'J.
e.
Vegetation on tract C.1 D,4121 W 1X m' EL,62
$a�CmhieacJ, SoMf MaF k (-EW, off o"o SP011-
f.
Man-made features now on tract r':xi �n'nIC� -0r Z
c. If the applicant is not the landowner, also give
the owner's name and address.
g.
What is the CAMA Land Use Plan Classifica-
y" vin'l V. ruyb
tion of the site? (Consult the local land use
?S90 4-ity twAV qD Sect
plan.)
�
Conservation Transitional
(�i G A -rACrAEO Lri' -le Z)
Developed Community
2 LOCATION OFQ PROPOSED P
Rural Other
PROJECT M
h.
How is the tract zoned by local government?
µ _ w
Nr4
i.
How are adjacent waters classified? 2A
a. Street address or secondary road number
j.
Has a professional archaeological survey been
orp 5.o. i isc1
carried out for the tract? tJo
b. City, to��w)n), community, or landmark
If so by whom? �?!A
c. County P V06
d. Is proposed work within city limits or planning
i ,
5 UPLAND DEVELOPIvENT ,
jurisdiction? tJ�
e. Name of body of water nearest project
Complete this section if the project includes any
1%rP29"' 64M6'i
upland development.
a.
Type and number of buildings, facilities, or
�3 DESCRIPTION ,AND' PLANNED
structures proposed tniaNr
" USE°OF PROPOSEDPROJECT
b.
Number of lots or parcels t-4 th
a. Describe all development activities you propose
c.
Density (Give the number of -residential units
(for example, building a home, motel, marina,
and the units per acre.) Li 11
bulkhead, or pier).
�Mh� n JD / i=t 5o T2c.lc9b oAKJ
d.
Size of area to be graded or disturbedt •- �ig6C Q n.
Ggr !aCcn-mm6t2CJA1_ Pit_ F loAD If er,b�
(,'Lt A�G�
RNEGeTA-SF AP 1011*14 oRW RafFER2oNti %JnN
f�
e.
If the proposed project will disturb more than
M969 �rAP.'LE SPEC res -?Uct C*RAVEI- on f1:0%0DSR
one acre of land, the Division of Land
If you plan to build a marina, also complete Or PRo7Ec-1
Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. SftE
tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex-
disturbing activity begins. If applicable, has a
isting project, new work, or both? fhlid ivIVZ
sedimentation and erosion control plan been
o''v j;a'eft�� f�a'Il�i--�tP ARiJ1
submitted to the Division of Land Resources?
c. Will the project be for community, private, or
r i I A -
commercial use?
f.
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement, II
buildings, or rooftopts.
a�
G�uy�S. (;nJl 5�nr.r I

g. List the materials, such as marl, paver stone,
b.
Amount of material to be excavated f om
level in FJ
asphalt, or concrete, to be used for paved
below water cubic yards
surfaces. Liliv d f` n u rd 12C L.
c.
Type of material n1)A-
d.
Does the area to be excavated include marsh-
h. If applicable, has a stormwater management
land, swamps, or otherwetlands? WO
plan been submitted to the Division of En-
e.
High ground excavation, in cubic yar s M /A
vironmental Management? rJ t/1-
f.
Dimensions of spoil disposal area
i. Describe proposed sewage disposal and/or waste
g.
Location of spoil disposal area.
water treatment facilities. "%a
h.
Do you claim title to the disposal area? No - eEe A7Tdu,
UTTeu CF ccvsc--�tr
j. Have these facilities received state or local
If not, attach a letter granting permission from
approval? i`i f a
the owner.
k. Describe existing treatment facilities.
i.
Will a disposal area. be available for future
N 5
maintenance?� ni f,Y
If so, where? W 11-
j.
Does the disposal area include any marshland,
1. Describe location and type of discharges to
swamplland,lor water areas? / 1 M'
waters of the state (for examplepsurface runoff,
k.
Will the fill material be placed below mean
sanitary wastewater, industrial/commercial
high water?
effluent, or "wash down"). FMB: �aniei
1.
Amount of fill in cubic yards 3s'o v;e7; xa
m.
Type of fill material F-Aa,54E�l FIB a CR"d t eh") .J�
n.
Source of fill material QfA. %o sour,cr
m. Water supply source t41 d
o.
Will fill material be placed on marsh or other
n. If the project is oceanfront development,
wetlands?oyva Per✓'ou5 p SP0*Q, �; r
describe the steps that will be taken to main-
p.
Dimensions of the wetland to be filled
tain established public. beach accessways or pro-
q.
How will excavated or fill material be kept on
vide new access. n1 jA
site and erosion controlled?!=!irkY DZV-f
o. If the project is on the oceanfront, what will
r.
What type of construction equipment will be
be the elevation above mean sea level of the
used (for example, dragline, backhoe, or
first habitable floor? 0 14
hydraulic dredge)? 8u�( L�zCo l Dump i�u[yb
6EXCAVATION AND} FILL ' S ri,.
Will be crossed in transporting equip-
INFORMATION ✓ 'j 'We
s.
wetlands
ment to the project site? L0 If yes, explain
v&
4�x..F-�'''• .+c tk'_...4 J- �r.T .YC."Ytxw. r"+rt �1 :3v-.Xv. -*v
the steps that will be taken to lessen en -
a. Describe below the purpose of proposed excava-
vironmental impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
s7SHOREIINE STABILIZZtTIO1�T:
a. Length of bulkhead or riprap�J
b. Average distance waterward of mean high water
or normal water level _ 1
c. Shoreline erosion during preceT
ding 12 months,
in feet n o43
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high wat 1 jp �}
f. Type of fill material
Upland fill \
areas tow Vo I
4 440 4 0. Fl
a,J 67, Jz=. So CUS,C YnQaS

8 ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to cant' out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 rh x 11 white paper. (Refer to Coastal
Resources Commission Rule 7).0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
NamemR
i= 14 W EARLJZ NE,lonl
Address RT.7
Fox 47L
PLAT
GrTY FLelbb4 339"
Name /M'5
,
ALMA LEE Da41S
Address Po.
f3ox ."t7`
Sw400u,+WrZ
N-C, -g7fS5-
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, a�td issuing dates.
Ly; liY• YEpm,'I iy'•'�'S1�I
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS-
SION TO ENTER ON LAND
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the J__a__. day of M J Y
19 .
X Z mcnl�
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.

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