85-90 Bell, Leroy

Permit Class Permit Number
NEW 85-90
STATE OF NORTH CAROLINA
Department of Environment' f ealth & Natural Resources AJ p
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an
Coastalkeso'rces Com�sion
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fs` ELL
19Major Development m an Area of Environmental ConcernpursuanttoNCGSi13Au118-' v,U` �,� IJIJ" ,
----------------------
X Excavation and/or filling puisuant to NCGS 113-229
Issuedto Leroy F. Bell, Route 1. Box 83, Belhaven, NC 27810
authorizing development in Hyde County at
as requ(
This permit, issued on June 22, 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) Excavation will not exceed 6 feet below the elevation of normal water.
2) In order to avoid periods of peak biological activity, no excavation will be
permitted between the dates of March 1 and September 30 of any year without
the prior approval of the N. C. Division of Coastal Management in consultation
with the Division of Marine Fisheries.
3) The temporary placement or double -handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
4) No marsh grass will be excavated and/or filled, except that growing on the
existing spoil pile and within the authorized alignment of the fill area.
(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.
poi WN. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Leroy F. Bell Permit #85-90
Page 2 of 2
ADDITIONAL CONDITIONS
5) All excavated 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 solids into any marsh or
surrounding waters.
6) The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction -related
discharge. Increases such that the turbidity in the waterbody is 50 NTUs or
less are not considered significant.
7) Appropriate erosion and sedimentation control devices, measures, or structures
shall be used to -prevent sediment from entering the adjacent wetlands and
watercourses.
8) The spoil area shall be properly graded.
9) A permanent ground cover sufficient to restrain erosion shall be provided on
all exposed areas..within the shorter of 30 working or 120 calendar days after
project completion.
r
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1 1 1990 ill
y4 V
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,. Govemor
William W. Cobey, Jr., secretary George T. Ebt
Director
26.April 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:
Lero F. Bell
Applicant`s ame
Gardens
g 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 forward3i ater.
Sincerely,
Terry Moore, Manager
- Washington District
t'
.r. j P.O. Box 276E7, Raleigh, North Gml;re 2761i-7687 Tekplwne 9I3733-2793
An Eaual Ch eo nits Affim tk, Arfinn F—,J .er

5 S.h 11
(� (A) This office has no objection to the project as proposed.
....(8)- .T.his 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 fill
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 enjoyment of the property of
water by the public; any riparian owners;
(e)(3) ... that there will be significant
adverse effect on public health,
safety, and welfare;
(2)
(3)
(4)
(E) Attachment
(e)(4) ... 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.
Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site rule.
Inconsistency with the local Land Use Plan (please elaborate).
Inconsistency with Rules, Guidelines, or Standards of
this agency or_ a finding that .the projdct is in conflict
with other authority or interest as stipulated below.
Include memorandum or other documentation that support
findings relating to D1-4; or provide general comments.
Raw �6 W
°Signature
4-a4-Qa
ate

Leroy F. Bell
Hyde County
CONDITIONS..' _
(1) Excavation of the existing canals and boat basins will not exceed 7' below
the normal.water level.
(2) No excavated or fill material will be placed at any time in any marsh or
surrounding waters outside of the alignment of the fill area indicated on the
work plats.
(3) The alignment of the fill area adjacent the 960' access canal must be
approved by a representative from the Division of Coastal Management prior
to project initiation.
(4) The temporary placement or double handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
(5) All excavated 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 solids 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 pile 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 by this requirement if he abandons the project without having the
permit transferred to a third party.
MAINTENANCE CLAUSE
The Division of Coastal Management will be notified in writing at least two (2)
weeks in advance of any maintenance.work (after 31 December 199 ) authorized
by this permit and that notification includes:
A. the number of the original permit
B. a statement.that no dimensional changes are proposed.
C. a copy of the original permit plat(s) with cross hatching indicating the
area to be maintained, the spoil area, and the estimated amount of material
to be removed
D. the date of plat revision and the permittee's.signature shown anew on the
original plat.
Raleigh W. Bland - Washington Office - 26 April 1990

-,• • ., ';°�;�; .._ DIVISION OF COASTAL MANAGEMENT Lat: 350 34' 48
FIELD INVESTIGATION REPORT Long: 76' 29' 06"
1 APPLZCANT'S`NAME Leroy F. Bell
- 2. LOCATION , OF PROJECT SITE Applicant's site is located in Hyde -County off Hwy. 264
•`3.:
4.
5.:
83-1030 G-11, G-10, H-10, 5-10, I-9 _
ION TYPE: DREDGE & FILL X CANA X
IVE.PROCEDURE:
OF SITE VISIT 7-7-89 4-24-90
PLICANT PRESENT Yes Yes
PROCESSING PROCEDURE: APPLICATION RECEIVED 4-23-90
OFFICE Washington
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Hyde County
LAND CLASSIFICATION FROM LUP Canal=Conservation; . Basin/Highgroun
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP Community
'lne--GCffiLLI1U111Ly G1CL55111GQL1V11 PiVV ca 1U1 uaca i.•y,
shopping, lcy en
and public service needs within the rural areas of the county. The
"conservation" class.provides for effective long term management of significant limited
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X or irre-
COASTAL WETLANDS X PUBLIC TRUST WATERS X placeable
ESTUARINE WATERS X OTHER areas.
(C) WATER DEPENDENT: YES X NO
(D) INTENDED:USE: PUBLIC PRIVATE X COMMERCIAL.
(E) TYPE OF WASTE WATER TREATMENT: EXISTING 3 septic tanks
PLANNED None
(F)
TYPE OF STRUCTURES:
PLANNED None
(G) ESTIMATED ANNUAL RATE OF EROSION 0 SOURCE NA
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
Cladium jamaicense
Spartina patens Growing on top of 2,208 sq.ft.
Distichlis spicata an existing spoil bed
(B) NON -VEGETATED WETLANDS:
(C) OTHER:
Canal and basin bottom 40,800 sg.ft.
(D )' TOTAL AREA D:
of coastal wetlands
8. PROJECT SUMMARY:
a depth_of 8' within an e
highground. 3,128,cubic yards of spoil
vegetated with C_ ja'maicense, S. patens,
and pine _ trees ..
store,
40,800 sq.ft. of canal & basin bottom and 2,208 sq.ft.
is -proposing to perform maintenance excavation to
and boat basin on his property. 1.848 cubic yards
ill be placed on the applicant's yard and adjacent
will be placed on an existing spoil bed sparsely
D. spicata, and a variety of upland vines, grasses,

Project setting
The applicant's property is located in Hyde County off Hwy. U.S. 264 at Pungo
Gardens adjacent a manmade canal on the north side of the Pungo River. The
proposed project is located on a + 12 acre tract of land owned by the applicant_
andincludes an existing single family residence, storage shed, store, private `
dock,' -and two'boat ramps. Also existing on the property is a.960' long by 32'
wide access,canal, a 240' long by 32' wide finger canal, and two boat basins
which average,;100' by 60' and 120' by 70' respectively. The average depth in
the canal is + 2�' and the average depth in the basin is + 6'. The upland
portion of the site is + 4' above MSL and is vegetated with shrubs, lawn grass
and scattered hardwoods. The lower portion -of the property consists of a
coastal wetland marsh dominated by Juncus roemarianus.
As a result of the original excavation and previous maintenance activities,
there is an existing spoil bed along the east bank of the 960' access canal.
The spoil bed is vegetated with a variety of upland grasses, vines, and pine trees
and a sparse mixture of Cladium jamaicense, Spart na patens, and Distichlis
spicata.
The adjacent joint waters are classified as SB-NSW by the Division of Environmental
Management.
Project description
The applicant is proposing to perform maintenance excavation to a depth of 8'
within the existing. canals and boat basins. The spoil from the proposed excavation
of the 960' by 32' access canal will be placed on the east bank of the canal
on an existing spoil bed. The spoil will he retained by a vegetative barrier
and an earthen berm. The spoil from the proposed excavation of the two boat
basins,(100' by 60') and (120' by 70') and the finger canal (240' by 32') will
be placed on the applicant's yard and adjacent highground. The spoil will be
distributed over this area in such a manner as to allow seeding and. stabilization
as soon as possible.
Anticipated impacts
The project as proposed will result in the excavation of 40,800 sq.ft. of canal
and basin bottom material and the filling of 2,208 sq.ft. of C. jamaicense, S.
patens, and D. spicata growing on top of an existing spoil bed and at an
elevation not subject to regular or irregular flooding. There should be short
term turbidity that will mostlikelyremainconfinedto the vicinity of the
excavation.
Raleigh W. Bland - Washington office -.26 April 1990

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Please type or print -Carefully describe all anticipated
development activities, including construction, excava-
tion; frlling paving, land clearing, and stormwater con-
trol: If the requested information is not relevant to your
project, write N/A (not_applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name UeAuj E. RE LL
Address Pi 1 i 6 0 g3
City Qf::LI•1 RV c d State
ti . c
Zip IO Dayphone lq3- aO5 j
✓ Landowner or Authorized agent
b. Project name (if any) w'A
c. If the applicant is not the landowner, also give the
owner's name and address.
ata
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
g.5. ?-6y
b. City,Btown, com��}}unity, or landmark
eLRo�t i rJ•�.
c. County
d. Is proposed work within city limits or planning
jurisdiction? do
c. Name of body of RIJwaterLnearest project
Pua(ro �
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
MR��1���Ikdct eF r'RIS'(Itl(t PRo.IkLl
c. Will the project be for community, private, or
commercial use?
PRIV A TF
d. Describe the planned use of the project.
PRIV» i i Soit_y R i cc55
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract + 1 Z A c.t: ES _
b. Size of individual lot(s) 0/4
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
4Ip +i,
d. Soil type(s) and texture(s) of tract
SAdo 501L
e. Vegetation on tract O Pt 411 G-U it>S
m t%R51i
f. Man-made features now on tract RouSE Siof,e ;RED
?- OaffT fiAm60 cK
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
✓ ConservationCcold Transitional
_Developed —17-Community(b"in)
_Rural Other
h. How is the tract zoned by local government?
3 DESCRIPTION AND PLANNED USE
OFF PROPOSED PROJECT i. How are adjacent waters classified?
SB�nIcW
a. Describe all development activities you propose (for j, Hasa professional archaeological survey been.
example, building a home, motel, marina, bulkhead, carried out for tract? 00 _ If so, by whom?
or pier). MIIIt ij� rJE� D� E�ISt101(s
CIttJA L - A60 6ort j �ASI rJ5

5 UPLAND DEVELOPMENT
'Complete this section"if the project includes any land
development.,
a;' Type and number of buildings, facilities, or
structuresproposed . 01R
-'1.IA
b: Number_of ldts dr1.-'� parcels W-u
c. Density (Give the number of residential units and the
units per acre.) y�A
in. Water supply sciurce U4QVL
n. If the project is oceanfront development, describe
the steps that will be. taken to maintain established
public beach accessways or provide new access.
rJ
d. Size of area to be graded or disturbed
o.
--- 01 k -
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been su mitted to the Division of Land
Resources? �!{
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
Kiln 7.
If the project is on the oceanfront, what will be the
elevation above ean sea level of the first habitable
floor? Y117A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
g. List the materials, such as marl, paver stone, asphalt, Access cha9—i/
or concrete, to be used for paved surfaces. (MLW) or
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? t4JA
i. Describe proposed sewage disposal and/or waste
water treatment facilities. . ,
j.: Have these facilities rec .ved state or local approval?
Boatbasin,� A,v�.
Other (break-Sl ,,r I
water, pier, Ganal
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas OLD SfoILS
I[
k. -Describe existing eatment aciities.
_i SP.1 � TG n S
C.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
--- wastewater, industrial/commercial effluent, "wash
_. down"). -
Length Width Depth
■
&'%Iar a i�,cEr $auf 6(14;n5
Amount of material to be excavated from below
water level in cubic yards ti 111 6
Type of material M%A&t Sad',, 9,
d. Does the area to be excavated include marshland,
swamps, or ethe�rjw-tjands?
Gfwy� G ` �Jh 4h
e. High ground excavation, in cubic yards
r 1Q
2 9/89
��•ru

f: Dunensions of spoil disposal area ` 1M D ADSItLgrl
�QASIYJS&/lPG%A!D' Td G'AffEL /�.4f'JN��I.Ox23�)
g. _ Lacation of spoil disposal area pOiTE Pw FRT�_
A-D 7'AG'F_ncT To i°LNAL6C C)14ST-1`/ 4 -
h. Do you claim title to the disposal area? v fJ'
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? ,r-./'
If so, where? CV1 E
j. Does the disposal area include any marshland,
swamps, or water areas?
AES ;.Vftgsh fsR[wl G o/�i�o? 01 OLD SPo1L5
LDW(y 4t+0' AtLF55 GAdhl
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards N,(
m. Type of fill material 11(,4
n. Source of fill material NX
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
—v6GFr.ETrvc O,t2/c/z
Itl6t 5 WILL fat t.u— An1D SiRcRtp To t4clt78
A 130OZ-K to PRU611 j rudoYy ItKu moaSN k 1)
R ERR't1tEn1 B£RM WILL (. - &,r ZftTEO cuT OF SPOIL 060
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? pR c�1L/ros
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
betaken to lessen environmental impacts.
Ho /.0 Pee't F_1('PBC%TF_p
f WILL c b 5 t11 4 ynLL
ir40T Ott:ar', MiOJMJJ.
CRo55to(,)
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level M,c
c. Shoreline erosion during preceding 12 months, in
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing 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 forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 710203 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 applicant. (Contact the
U.S. Army Corps of Engineers regarding 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 personnel 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 ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that -op-
portunity.

0
Name'' ' ""'1 X/'F ' N • /r'Hl:
Address x. Y R U
Name - 4/ ••; a zi • l�A/� R 1
Address - a/-2:P TH/2 W,4 N 0 R-
Tf.!//7nP/_7/�y 4-4. 702-11
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
SALySlr�tY-t+11-/3-J1-83l- /97J—
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
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 conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
-I I further certify that I a 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
project.
This is the 3-s day of na A/r e /t , 19 91�
x Z_2 �
Landowne or Authorized agent

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