223-73 Brugh, Doward

(R@v.4/72)
PERMIT TO DREDGE OR FILL
State of North Carolina
Department of Conservation and Development
Mr. Doward_H. Bru
Post Office Box 37
Ocracoke
ss
Town - City
-Project location
This permit authorizes you to dredge and/or fill at Pamli
as requested in your permit application dated October 29, 1973
below.
* See attached sheet for conditions.
Permit No. 223-73
Page 1 of 2
RECEIVED
JAN : Reed
A FEDERAL PERMR IS
Zip MEWIP.4-i11
#&N*ft, XcCl 21
S. (Alt OcraenVi[ _ n'
THIS PERMIT IS VOID IF THE ABOVE CONDITIONS ARE NOT PRECISELY FOLLOWED.
Notification of project completion must be given this office.
This permit must be displayed with a copy of the application and the project map in the cab or
pilot -house of the vehicle working on the project, whichever is applicable, or be easily accessible on
site to Department of Conservation and Development personnel.
This permit is terminated on December 31, 1974
Any additional work or maintenance work on the project subsequent to the termination of this
permit requires a new permit.
The permit, (as approved with conditions), may be objected to by the applicant or by interested
State agencies within twenty days of the date of issuance by giving written notice to the Department
of Conservation and Development.
The applicant is advised of the requirement under G. S. 146-6.1 that power -operated earth -
moving equipment operating or to be operated in or on publicly owned tidelands, publicly owned
beaches, publicly owned marshlands, or navigable waters within the State must be registered by
the owner of the equipment with the Department of Water and Air Resources.
December 21, 1973 Edward G. McCoy, Commissioner
Division of Commercial & Sports Fisheries
9

STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES
Box "276R7
JAMES E. HARRINGTON
SECRETARY
TELEPHONE
AREA LODE 919-959-4984
Mr. James T. Brown, Chief
Estuarine Studies Section
Division of Commercial and Sports Fisheries
Box 769
Morehead City, North Carolina
Dear Mr. Brown:
The attached copy of an
s
Raleigh 27611
//- /- 23
DATE
6),
TAMES E. HOLSHOUSER, IR.
GOVERNOR
L �
1�pA so�ae9
_ CopmS,�¢'t o9
o� El o>Gz
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 indicate below your viewpoint on the proposed work and return to the -
Division of Commercial and Sports Fisheries not later than
Sincerely,
NOi'E: Recommend issuance of permit IZ2
with conditions as noted in Yel- G� .
verton's report. L. Leo Tilley, Assistsdit Commissioner
JTB Division of Commercial & Sports Fisheries
REPLY: 0 This Department has no objection to the proposed work.
F1Comments'concerning this application are attached.
Signed J. T. Brown
Date 11-21-73
Form D&F - Fl
Rev. 9/73

STATE -OF NORTH CAROLINA
DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES
Box 27687
I AMES E. HARRINGTON
SECRETARY
TELEPHONE
AREA CODE 919-829-4994
MEMORANDUM TO
From -
Subject
Raleigh 27611
JAMES E. HOLSHOUSER, IR.
GOVERNOR
Div. Commercial and Sports Fisheries
P. 0. Box 769
Morehead City, N. C. 28557
November 21, 1973
- Jim Brown
Frank Yelverton
App. for State permit - Doward H. Brugh 10-29-73
Location - Hyde County at Ocracoke
Investigative process - App. received Morehead City 9-28-73; site investigated 10-9-73;
revised application requested 10-18-73; revised app. received Raleigh 10-31-73; Morehead
11-2-73.
Environmental setting - The specific project site is on the north side of Ocracoke vil-
lage on Pamlico Sound approximately 1500' east of Gap Point. The applicant's property
borders the sound for a distance of approximately 1050'. The entire shoreline is bulk -
headed along the MHW line except for the eastern 50' of the site. A 50' wide canal,
excavated several years previously, extends through this 50' area. The 1900' long canal
extends 700' north in the sound to Howard Reef channel, and approximately 1200' inland.
Three 1000' x 50' x -15' finger canals(parallel and 400' apart) extend west from the in-
land section of the main canal. The spoil from the canal excavation was placed beside
the canals and behind the existing bulkhead. All the canals were originally excavated
to -15' MLW. However, most of the canals in Pamlico Sound and parts of the inland canals
have shoaled to -l' to -3' MLW. Several houses have been constructed along the canals.
No marsh, shellfish or submergent vegetation was observed in the canal alignments.
Project description - The applicant proposes maintenance dredging of the existing canals.
Approximately 700' x 50' x -10' is to be maintained from Howard Reef channel in Pamlico
Sound to 175' inland of the existing bulkhead. A 150' wood bulkhead is to be placed on
each side of the canal entrance. Approximately 75' of each bulkhead is to extend below
MHW and is to serve as a breakwater to reduce canal shoaling. Also, four areas within
the inland canals totaling 400' in length are to be maintained to a depth of -10'. All
spoil is to be placed in a diked and bulkheaded spoil area adjacent to Pamlico Sound.
No marsh. or submergent vegetation is to be excavated or covered. No spoil is to be
placed below MHW.
Environmental impact - The applicant proposes only to maintain existing canals. Also,
no marsh, submergent vegetation or shellfish are to be disturbed. A 10' depth does not
seem excessive since most of the inland canals are presently -15' deep. I have no ob-
jections to the issuance of a permit if the following conditions are included:
1. No spoil be placed below MHW or on any marsh; (2) All spoil be adequately contained
by dikes or bulkheads; (3) the diked disposal areas have an adequate spillway. In addi-
tion, the disposal area effluent must be contained by pipe, trough, or semilar device to
a point at or below the MLW line of Pamlico Sound.
Frank Yelverton

APPLICATION FOR PERMIT TO EXCAVATE OR FILL
State of North Carolina
} Department`of Conservation and Development
fPlease type or print and fill in all blanks. If the information requested is
/ not applicable, so indicate by placing N/A in the blank.
I. Applicant Information:
A. Name of applicant)�(�1 WAr� fp�{►�(�`j �,•
�t Lest Fust Middle
B. Address
of applicant D r., ��, x 3 r� a t X��11 — �/ e
Street, P. 0B.. or Route r "'
City or Towne A t.9—SGL,C1 96h ne >
Zip Code Phone
II. Location of Intended Operation -
A. Name of county � ly-j a '
` /� k.
B. 1. Name of city, town,J community or landmark: Ice"49 eLc, A n 1 U Z Lit' ;;
2. Is proposed work within city limits? Yes A_ No
C. Name of nearest creek, river, sourd, bey, or stat�ewned lake. OCT j »7
p C/ A/ d
III. Description of Operation: DIVISION OF COI,IMERCfAL'
A. Purpose of excavation or fill '& SPORTS FISHERIES
1• Access channel length ,*9) owidth 5-0 " . depth
2. Boat basin length width depth
3• Fill area length By,4AA* J widths o� depth 5,9 Afc1 9,7 i S KdWe"Pod
4• Other,
length width depth F> very Gii9a6�
(Note: If channel, give reason for needs of dimensions listed above.)
B. 1- If bulkhead, give dimensions j1 /91
2• Type of bulkhead construction (material) ue n d
C. Excavated materC 9
1. Cubic yardsial° of L rNi Z. Type of materiel �' $11/
D. Fill material to e p ace below L
1. Cubic yards '54 ""a% 2. Type of material
IV. Land Type, Spoil, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes No 1C
B. Does the disposal area contain any marshland? Yea No
C. Location of disposal area
11
D. How will spoil be entrapped or encased? �t i,
E.
F
Type of equipment to be used Aolnwra G' /1
(Note:' Such equipment must be registered with tDepartment of Water & Air Resources)
Will marshland be crossed in transporting equipment to project site? (If yes, explain)
i _
V. Intended Use of Project. Describe:
A. 1 • Private --
2. Commercial —
3• Housing development or Industrial!)
REV. 5/73

•
i
t.
TELEPHONE [phone]
'
7
It. 1. Lot size (s)
2. Elevation of lot(s) above mean high water
3. Soil type or texture GA -Ala
4. Type of building facilities or structures �DL,#AtO i %ifa At $ tJ 17111 i we t
— - -
llj %Aft S /e r tZJt (Ci do �7iP-U
J
SPO %� -i 7YE
,,r3
5• Method of sewage disposal or treatment
VI.
Pertaining to Fill and Water Quality:
d
A. Does the proposed project involve the placement of fill materials below mean high water? Yes_ No �!
'To
B. 1. Will any run off or discharge enter adjacent waters as a result of project activity or planned use
Pri P trA� 7 kl 9
the area following project completion? yes No
2. Type of discharge
3. Location of discharge i&zu A a ao,-4) .Soo 4r .0, C- 150A1 c' Nd
—,
VI1.
Present rate of shoreline erosion (if known) /Y2yr
VIII.
Will proposed facilities be accessible to the public or maintained for private use? on, ydAy.
���
A. Public B. Private _ C. Commercial
_
I X.
List Permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work
,�yo, � U -*,g r.4 B�I6 in project area, if applicable:
� V t.°N9
.
X.
Length of time required for project activity:
yAk: X 10
XI.
In addition to the completed application, the following items most be provided:
�i�_5 E cNy
t
A. Attach a co _
py 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. OR
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
3 �t
as i
land. (Note: Federal law requires the applicant to be the owner or his designated agent) .
W w
B. Attach a copy of a map (drawn on plain white paper, 8%" x 11", see instruction pamphlet page S) of the
ay )
area in which the proposed work will take place and on which the proposed work, spoil disposal area, etc.,
s shown.
"I'
_
Alf.
a copy of the application been served upon the adjacent riparian landowners in the manner required
by G. S. 113-229(g) (9) and (10)? Enter date served
_
— —
D. List the names and addresses of the riparian landowners with property adjoining applicant's tract.
DATE
Send one completed copy each to:
I'ormit S&rtion
Division of Coninurcial & Sports Fisheries
Depart nx•nt of Conservat ion and Development
I'. 0. Box 27687
li+deigh, North Carolina 27611
Ph. 919-829-3767
D&t-n2
0— c zv a
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. 0. Box i 8c)o
Wilmington, North Carolina 28401
(Note: attach Corp. cover letter)
Ph. 919-763-9971

STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date..detaqh and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO
ADDRESSEE AN Y. Place the same endorsement in line 2 of the return receipt card if that
serv(ce is ted.
5. Savethis re and present it if you make, inquiry,

i
t bF'NORTH CAROLINA
DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES
Box Z7667
TAMES E. HARRINGTON
SECRETARY
TELEPHONE
AREA CODE 919-SN-4994
Mr. D ward H. Brugh
PO 37
Ocr coke, N. C. 27960
Dear
Raleigh 27611
TAMES E. HOLSHOUSER• I
GOVERNOR
Div. Commercial and Sports Fisheries
P. 0. Box 769
Morehead City, N. C. 28557
October 18, 1973
This letter is to confirm our on -site meeting October 9, 1973, at your proposed
dredge and fill project near Ocracoke. As you will recall, I informed you that in
order for your application to be processed further, you need to supply us with the
following additional information:
1. A copy of your deed
2. Consent forms from your adjacent riparian owners
3. A detailed scale drawing on 8J x 11" paper of all the proposed canal mainte-
nance not shown on the plat dated 11-18-69. The drawing should include:
Mean high water and mean low water lines
Fill and excavation areas are to be cross -hatched in opposite directions.
Show a few land elevations and water depths.
Show a diked area and spillway for dredged spoil.
Give a cross -sectional drawing of the proposed excavation indicating MHW,
MLW, proposed excavation and fill areas cross -hatched in opposite directions.
Direction of ebb and flood tides
North arrow
Your application will be placed in our "pending" file and processing will be resumed
upon receipt of the above requested information. Please send to my attention to the
above Morehead City address, and if I can be of assistance to you, do not hesitate
to call on me.
Cordially yours,
Frank Yelverton, Biologist
Estuarine Studies Section
FY/rt
Certf. Mail
Ret. Rec. Req.
CC Raleigh office

IL
— �L d"I 5 x
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— 44-V 1 V y
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-
s tom' S

February 5, 1973
*. Davard H. Brugh
Vice -President
Bay Dredging and Construction Corporation
Ocracoke, North Carolina 27960
Dear Mr. Brugh:
This office has received a public notice from the
Wilmington District of the Aror Corps of Engineers conce:�ing
your Howard Reef channel project.
RECEIVED
21 Reed
OF Commercial &
D
Sports FishtioeD''�I
Inasmuch as a State permit for this y,vxticular project
has never been issued, we would appreciate your completing the
enclosed forma and returning same along with a project plat to
this office at your earliest convenience.
The statute under which we administer the State dredge
and fill law requires that applications be submitted on all suc;i
work in the estuarine waters of the State. The date t'..,zirojec-.
was actually started is not a consideration.
If there are arXq questions on this matter, please
do not hesitate to contact me.
Very sincerely,
John R. Parker, J_
Administrative
JRP:ls
Enclosures
cc: Mr. Jim Brown �L
Yx. Charles Hollis
I

t
.r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
P. 0. Box 1890
Wilmington, North Carolina 28401
SAWKS (PN No. 73-48-03-057)
PUBLIC NOTICE
18 January 1973
MR. DOWARD H. BRUGH, Vice -President, Bay Dredging and Construction
Corporation,Ocracoke, North Carolina 27960, has made request for an
extension of time for existing permit SAWKS 76-69 issued 22 December 1969
AUTHORIZING THE CONSTRUCTION OF A BULKHEAD AND DREDGING OF A CHANNEL IN
PAMLICO SOUND at Howard Reef near Ocracoke, Hyde County, North Carolina.
Plans submitted with the request show that approximately 90 percent of
the project has been completed and permittee would like additional time
to complete the remaining 200 feet of the channel. Permittee states that
the delay has been occasioned because of various breakdowns in equipment
and because of the location of the site with regard to repair facilities
and availability of parts. Plans are included with this Public Notice.
The decision as to whether a permit will be issued will be based on an
evaluation of the impact of the proposed work on the public interest.
Factors affecting the public interest include, but are not limited to,
navigation, fish and wildlife, water quality, economics, conservation,
aesthetics, recreation, water supply, flood damage prevention, ecosystems,
and, in general, the needs and welfare of the people. Comments on these
factors will be accepted and made part of the record and will be consid-
ered in determining whether it would be in the best public interest to
grant a permit.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office until 4:45 p.m.20 February 1973.
ALBERT C. COSTANZO
Colonel, Corps of Engineers
eg!cry District Engineer

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