121-76 Brinn, Jimmy

"'T State of North Carolina '
Department of Natural and Economic Resources` /
PERMIT 4�
TO EXCAVATE AND/OR FILL Permit No. 121-76
(Re: G. S. 113-229) Permit Class
Issued to: Jimmy D. Brinn NEW
Rt. 2, Box 350, Belhaven, North Carolina 27810
This permit authorizes excavation and/or fill work in Beaufort County, N. C.
at Pungo Creek (South side) as requested in the permittee's
application dated 5/13/76 5 attached plats, no date_ subject to
the conditions set forth below.
(1) That the bulkhead must not exceed 2' from the normal high water mark at
any point along its alignment.
(2) That all backfill material be obtained from a highland source and confined
behind the permitted bulkhead.
(3) That no excavated or fill material be placed at any time in any marsh or
waters of the State outside of the bulkhead alignment as indicated on the
plat.
(4) That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside of the area of construction or construction -
related discharge (increases of 25 JTU's or less are not considered
significant).
(5) That all filled and/or disturbed areas be stabilized with a vegetative
cover or some other appropriate means within thirty (30) days after the
land disturbing activity is completed to restrict erosion and movement of
seci=ent into surrounding waters.
THAT IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART
OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED
PRECISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS
PROVIDED IN G. S. 113-229 (K) AND (L).
That this permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure
to submit such objection shall be interpreted as an agreement of compliance with all permit conditions.
That this permit must be displayed along with a copy of the application and the project plat in the cab (or
pilot -house) of the equipment working on the project, or be easily accessible, on site, to Department person-
nel when the project is inspected. _
That any maintenance work or project modification requires further Departmental approval. Subject to
permit renewal, all work must cease when permit terminates.
This permit terminates on December 31, 1978 JUL. S REM
Issuing Date: July 2 1976
Form D&F-g
Revised 3/76
Signed by the authority of the Secretary of the
Departme t of Natural & Econo 'c Resources
Of
Edward G. McCohector
Division of Marine Fisheries

NERNorth Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
'C:�) ) g 12P
Dat
Mr. James T. Brown, Chief
Estuarine Studies Section
Division of Marine Fisheries
Box 769
Morehead City, North Carolina 28557
Dear Mr. Brown:
The attached copy of an application submitted by:
DIVISION OF
MARINE FISHERIES
I DWARD G. WCOY
DIRECTOR
BOX 27M7, RAI EIGH 27611
TELEPHONE 919 B29-3767
c��a1h
� R
�^P oE� • NE�ES
C. %5NA
Applij6hnt's Name.'! %
for a state permit to perform excavation and/or fill work in coastal North
Carolina is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please ndicate on the reverse side of this form your viewpoint on the
proposel wort and return to the Division of Marine Fisheries not later than
LLT:dah
Sincerely,
L. Leo Tilley, Assistant Director
Division of Marine Fisheries
(Please use reverse side for comments and signature.)

(A) This agency interposes no objection to the proposed work.
❑ (B) This agency objects to the project as proposed. The objection is
based
upon findings which lead to the conclusion that there will
be one
or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
❑
(e)(1)
... that there will be significant adverse effect
of the proposed dredging and filling on the use of
the water by the public;
❑
(e)(2)
... that there will be significant adverse effect
on the value and enjoyment of the property of any
riparian owners;
❑
(e)(3)
... that there will be significant adverse effect
on public health, safety, and welfare;
❑
(e)(4)
... that there will be significant adverse effect
on the conservation of public and private water
supplies;
❑
(e)(5)
... that there will be significant adverse effect
on wildlife or fresh water, estuarine or marine
fisheries.
(C) Agency
findings
relating to Item(s) A and/or B are hereby detailed.
❑
Detailed
comments continued on attached sheet.
No objections with the following conditions: (1) That the bulkhead must not exceed 2'
from the normal high water mark at any point along its alignment; (2) That all back -
fill material be obtained from a highland source and confined behind the permitted
bulkhead; (3) That no excavated or fill material be placed at any time in any marsh
or waters of the state outside of the bulkhead alignment as indicated on the plat
dated &2-73
❑ (D) Comments are submitted that do not directly relate to item B but
are relevant to the public interest. (These comments will be for-
warded by the Department of Natural and Economic Resources to
appropriate State or Federal agencies.)
J. T. Brown
Signed
6-3-76
Date

Div. Marine Fisheries
- PO Box 769
Morehead City, NC 28557
June 3, 1976
MEMORANDUM TO - Jim Brown
From Doug Nelson
Subject App. for State permit - Jimmy Brinn 5-13-76
Location - Beaufort County - South side of Pungo Creek at the end of a dirt road on
the east side of NC Hwy. 92 immediately south of Pungo Creek bridge.
Investigative process - App. rec. Raleigh 5-14-76; Morehead 5-20-76. Site investi-
gated 5-28-76.
Environmental setting - The overall site is located on the south side of Pungo Creek
approximately 1/2 mile downstream from the NC 92 highway bridge. Located for ap-
proximately 1/2 mile along the shoreline are summer cottages - primarily house trail-
ers and a few small houses. The specific site consists of a wooded lot measuring
118' wide by 130' deep which presently contains a mobile home. Adjacent to the shore-
line of Pungo Creek, the existing bank is about 6-7' high, dropping off to a narrow
sandy beach berm immediately adjacent to the creek. Vegetation on the shoreline
consists primarily of woody plants with one very small (less than 10 sq.ft.) patch
of black needlerush Uuneus roemerianus) located adjacent to the shoreline. 1he
shoreline is somewhat concave and irregular, possibly due to previous erosion.
Project description - The applicant proposes to construct a treated wooden bulkhead
the 118' width of his property fronting the creek. The bulkhead will lie just be-
low the NHW line and average approximately 2' offshore at its furtherest point.
Environmental impact - If the project is constructed as proposed, it is expected
that a slight amount of turbidity will result during action construction. Less
than 10' of black needlerush will be filled. No other vegetation will be affected.
Doug Nelson

APPLICATION FOR PERMIT TO EXCAVATE OR FILLi?
State of North Carolina
Department of Conservation and Development
Please type or print and fill in all blanks. If the information requested is MAY 14 1976
not applicable, so indicate by placing N/A in the blank.
1. Applicant Information:
6" p
A. Name of applicant �'\t}�.1�1 �t1,(Z`'�Zy DIV
Last First _-�-- Middy
B. Address of applicant '� �O'X :S5C,
Street, P. 0. Box or Route
City or Town State Vip Code Phone
IL Location of Intended Operation:
A. Name of county G %- C I z__
B. 1. Name of city, town, community or landmark:
2. Is proposed work within city limits? Yes No
C. Name of nearest creek, river, sound, bay, or state-owned lake.
J
Ill. Description of Operation:
A. Purpose of excavation or fill
1. Access channel length IJ t\ width N A depth N (1,
2. Boat basin length _ It width— N_L_ depth N �t
3. Fill area �� length 1\%Fe width 1),' h depth
4. Other, bsa1Q)F(-A length 1 i lr width N l) depth YN li
(Note: If channel, give reason for needs of dimensions listed above.)
B. 1. If bulkhead, give dimensions lHsqt._ P nth}-�_ir"o
2. Type of bulkhead construction (material) f 1'!a d
C. Excavated material -
1. Cubic yards N 11 2. Type of material Kl I,
D. Fill material to be place below MHW.
1. Cubic yards (\° it 2. Type of material 1�: H
IV. Land Type, Spoil, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes No x
B. Does the disposal area contain any marshland? Yes No 7`
C. Location of disposal area _�,
D. How will spoil be entrapped or encased? _NOt
E. Type of equipment to be used _Nb�
(Note: Such equipment must be registered with the Department of Water & Air Resources)
F- Will nwrshland be crossed in transporting equipment to project site? (If yes, explain)
V. Intended Use of Project. Describe:
Ay�Privatc _ GM _�� _ i-iw t"rt,�� •i:1Gt'ir.,r t"1 �c= "'F`F�c,ra'� •1-c.0 t'��,E: (., k,.,_ •tin
?. Connmrciul 10\�
3. Housing developnx ut or Industrial —I✓ (A
DEF—Bl
REV, 5/73

B. I. Lot silt. (s)11`�C �.,_.�:�1� _ \� � _ �3 c�#, �ee�,-
r ' 2. Elevation of lot(s) above mean highwater
3. Soil type or texture-
9. Type of building facilities or structuresViortti�• —
0. Method of sewage disposal or treatment C-`. P 5_
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes__ No—%--
B. 1. Will any run off or discharge enter adjacent waters as a result of project activity or planned use
the area following project completion? Yes No V
2. Type of discharge _ N
3. Location of discharge
VII. Present rate of shoreline erosion (if known) c.,6tl Vne �- � tl `',st �taiJ _ ' _
VIII. Will proposed facilities be accessible to the public or maintained for private use?
A. Public __ Mh B. Private `,� C. Commercial __OiN
IX. List Permit numbers and issue dotes of previous Department of Army Corps of Engineers or State permits for work
in project area, if applicable:
X. Length of time required for project activity: _f'-�%F s'CS%�,.:;5_Vf! C_`i
XI. In addition to the completed application, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims
title to the tidelands, marshlands, or other properties adjoining the waters in question. GR
If applicant is not claiming to be the owner of said property, then 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 on his
land. (Note: Federal law requires the applicant to be the owner or his designated agent) .
B. Attach a copy of a map (drawn on plain white paper, 8%" x 11", see instruction pamphlet page S) of the
area in which the proposed work will take place and on which the proposed work, spoil disposal area, etc.,
C
D.
is shown. Has a copy of the application been served upon the adjacent riparian landowners in the manner required
by G. S. 11:3-229(g) (9) and (10)? Enter date served M; 1,M .(C�.
List the names and addresses of the riparian landowners with property adjoining applicant's tract.
�fitz _1c � <-3 X' tJVEi- ' 'e izr, 7
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IS- >_.--G t btvt� -CV'v 1 C d.i�' 1 r'_AT-i C 1,ti �� r'_Fl t"V Q! C,'3 .
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App)icont's Signature _--
Send one completed copy each to:
Perim( Section
Di\ is iou of Conm.•rcial X Sports Fisheries
I)rp;vlim-ut of('onservalion aInd Development
liairq;h. \nth (':nolina 27611
Ph. 919-829-3767
ns F-W
Rev. 5l71
District Engineer
Department of the \rmy
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington. North Carolina 28101
(Note: attach Corp, cover letter)
Ph. 919-763-9971

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The Bulkhead will cover the width of the lot
about an average of two feet from the bank at
about the naen water line, and will tie in to
the existing bulkheads of adjacent landowners.
The posts are 81 by 5", salt treated or
creosote, placed five feet apart, 30 below
�i the bottom, V abova. The runner is 2" by
6". The wall is a" by 6" doubled, placed
n 21 above and 2' balow the bottom. 3A" cable
( will be run to an &nchor approximately 20'
apart.
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North Carolina Department of
Natural & Economic Resources
i_�- / - -�
DIVISION OF
MARINE FISHERIES
BOX 27687, RALEIGH 27611
TELEPHONE [phone]
JAMES B. HUNT JR., GOVERNOR HOWARD N. LEE SECRETARY 80X 769, MOHONE CITY28557
, , TELEPHONE 919 72G7'0\21-
February 28, 1978 1
Q '11 10
L
Mr. Jimm D. Brinn
Rt. 2, x 350
Belhaven N. C. 10
Dear Mr. Brinn:
This will confirm our meeting at the property belonging to you and
Mr. John Hoff on Pungo Creek, Beaufort County. As I indicated in
our conversationCa maintenance permit for maintenance of the exist-
ing canal system will be required by State and Corps of Engineers.
If you will provide us a drawing showing the section of the ca 1
which is to be maintained and at the same time requesting modifi-
cation to State Permit No. 121-76, we will be glad to expedite pro-
cessing. � \
�,di `..mot do.
If I can provide additional information, don't hesitate to contact
me.
Cordially ` yyoo'u`,,r,",s�,�
D. Nelson, Chief
Dredge and Fill Management
RDN/rt
CC Corps of Eng.
J.Parker, Ral. Ofc.

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