128-94 Butler Land & Timber Co.

Permit Class - Permit Number
NEW 128-94
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
ern�it L
' C 12 d 1994
for
% Major Development in an Area of Environmental Concerg
pursuant toNCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Butler Land & Timber Co., P. O. Box 390, Columbia NC 27925
authorizing development in Hyde County at Outfall Canal, off of Pamlico Sound
adjacent SR1164 as requested in the permittee's application dated 7/20/94 including
attached workplan drawings, sheets 1-3 of 3 dated 7/94.
This permit, issued on OCTOBER 21 1994 , 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) The center span of the bridge will have a minimum vertical clearance above the normal water
line of 7' and a minimum navigable width of 10'.
2) The temporary placement or double -handling of excavated materials within waters or vegetated
wetlands is not authorized.
3) In order to protect water quality, runoff from the construction area must not visibly increase the
amount of suspended sediments in adjacent waters.
NOTE: The perminee is advised that authorization may be required from the U. S. Coast Guard.
The telephone number for the Bridge Section in Portsmouth, Virginia is 804/398-6227.
This permit action may be appealed by the perrnittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
inidation 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, 1997
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.
Roge ct Scheer, Director
Divtsion of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

p pIFF � T
SEP 0 9 1994
MEMORANDUM
TO: r David Moye
OM: John Crew
DATE: 31 August 1994
SUBJECT: Bridge Proposal over Outfall Canal to Butler Land Track, Hyde County
This proposal to build a 16' by 95' bridge with 7' vertical clearance over the Outfall
Canal comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan
update. Apparently, estuarine waters, estuarine shoreline and public trust area AEC's are
involved. Stated purpose of the bridge is to provide access for management, logging and
protection.
The county plan offers the following guidance on proposals of this nature.
County policy, page IV-9, on Productive Forest Lands is: "Hyde County encourages and
supports utilization of the Forest Best Management Practices Manual, 1989, N.C.
Division of Forest Resources for all forestry operations."
• County policy, page IV-9, on Marine resource areas notes the county supports the use
standards for estuarine and public trust areas as defined in 15A NCAC 7H.
The county's land classification map shows the landfall portion of the bridge
predominately in the rural land class (although the 75' estuarine shoreline AEC will also be
noted) while the canal itself is an AEC and by county definition, page V-2, is included in the
conservation land class. The conservation class notes all uses permitted by 7H shall be
permitted, and the rural class, page V-2, notes this class includes agriculture, forestry, and other
uses that should be located in a relatively isolated and undeveloped area.
My opinion is, if this proposal can be accomplished in accordance with AEC use and
performance standards, it would not be inconsistent with the county's land classification system
nor spirit of the narrative in the plan.
cc:-16ston Pate
John Parker

LJ
APPLICATION TRANSMITTAL/PROCESSING REFORDTL
j
�199�►A) Applicant: Butler Land and Timber Company ;CoventZ4/
Location of Project: On SR 1164 adjacent Outfall Canal nea_er
Date Application Received Complete by Field: 22 August 1994
Field Recommendation: Attached X To be Forwarded
Consistency Determination: Attached To be Forwarded X
Field Representative: D. Moye District Office: Washington
District Manager Review: �-
B) Date Application Received in Raleigh: Fee Rec'd:
Public Notice Rec'd: End of Notice Date:
Adj. Rip. Prop Notices Rec'd: Deed Rec'd:
Application Assigned to: on
C) 75 Day Deadline: 150 Day Deadline:
Mail Out Date: State Due Date:
Federal Due Date: Fed. Comments Rec'd on
Permit Final Action: Issue Deny Draft on
D)
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management District Office
Division of Comm. Assistance
Land Quality Section
Div. of Env. Management
State Property Office
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Butler Land and Timber Company
2. LOCATION OF PROJECT SITE: Hyde County on SR 1164 adjacent Outfall Canal which connects
into the Pamlico Sound near Swanquarter, North Carolina
Photo Index - 1989: N/A 1984: N/A
State Plane Coordinates - X: 2,853,200 Y: 612,400
New Holland Quad. (lower right corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/24/94
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 8/22/94
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation (water, wetlands) Rural (land)
(B) AEC(s) Involved: EW,PTA,ES
(C) Water Dependent: YES
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing : None
Planned - Bridge
(G) Estimated Annual Rate of Erosion: 0
Source - Field Representative
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
t 1,520 W
Canal bottom
(C) Other
±128 ft2
±800 W
Highground
(D) Total Area Disturbed: 0.06 acre
(E) Primary Nursery Area: NO
(F) Water Classification: SC Open: NO
8. PROJECT SUMMARY: The applicant proposes to construct a 16' wide by 95' long bridge over
Outfall Canal to access his land from SR 1164 for the harvesting of timber.

Project setting
Butler Land and Timber Company's proposed bridge construction site is located on SR
1164 adjacent Outfall Canal which connects into the Pamlico Sound near Swanquarter, North
Carolina. Several miles upstream of the project site Poole bridge crosses Outfall Canal. The
Poole bridge is t 16' wide by ±90' long and has a navigable width of t 16' and a navigable
height of t7'. Several miles downstream of the project site Gull Rock Game Lands bridge
crosses Outfall Canal. The Game Lands bridge is t 16' wide by t 100' long and has 2 center
sections for navigation which are ±10' wide and f7' high.
On the east side of the canal at the proposed crossing, the area is vegetated with mixed
hardwoods, vines, shrubs, and upland grasses. A dirt road is present on the east side at the
proposed site and rums perpendicular to the canal. State road 1164 is adjacent Outfall Canal on
the west side with a vegetated buffer approximately 20' wide at the proposed crossing. This
area is vegetated with a dense stand of cane, several hardwoods, vines, and upland grasses. The
bank is t5' high on both sides of the canal at the project site.
Outfall Canal is classified as SC by the Environmental Management Commission. The
canal is not a designated Primary Nursery Area and is closed to shellfishing.
Project description
The applicant proposes to construct a 16' wide by 95' long bridge at the project site
crossing Outfall Canal. The proposed bridge will have a navigable height of 7' above the NWL
and the navigable width between bents will be 9'. Rock riprap will be placed on the bank above
the NWL at each end of the bridge to stabilize the area and to prevent erosion. A total of
approximately 128 ft2 of highground will be removed from both sides of the canal where the
bridge will intersect the bank. The resulting spoil will be spread out on the existing dirt road
on the applicant's property.
Anticipated impacts
The project as proposed will result in localized turbidity associated with the placement
of the bridge pilings. Approximately 1,520 ft2 of canal bottom will be shaded. The proposed
height of the bridge and distance between bents will allow for continued navigation of the
manmade canal.
David W. Moye - Washington Office - 30 August 1994

MEMORANDUM
TO: John Parker
FROM: David Moye
DATE: 30 August 1994
SUBJECT: Butler Land and Timber Company Permit Application
The proposed project appears to be consistent with the rules found in Subchapter 7H
concerning development in Estuarine Water, Estuarine Shoreline, and Public Trust Areas. In
order to maintain consistent navigable opening size in relation to the existing downstream bridge
I recommend that we condition the proposed bridge to at least 10' of navigable width at the
center of the bridge. I recommend issuance of the permit and in addition to the standard
conditions would suggest the following be included:
Conditions
1. The center span of the bridge will have a minimum vertical clearance above the normal
water line of 7' and a minimum navigable width of 10'.
2. The temporary placement or double handling of excavated materials within waters or
vegetated wetlands is not authorized.
3. In order to protect water quality, runoff from the construction area must not visibly
increase the amount of suspended sediments in adjacent waters.

Specla9nng In:
Forest Management SwAces
Timber Sales
Appraisals and inventories
S9Ncumml Sm*es
`The Forest Mom9ement Experts
Timberlands Unlimited, Inc.
Box 650, Windsor, N.C. 27983
July 15, 1994
Mr. Terry Moore
Division of Coastal Management
P. O. Box 1507
1424 Carolina Avenue
Washington, NC 27889
Dear Mr. Moore:
Reference is made to the attached permit application by Butler Land & Timber
Company of Columbia, NC. Timberlands Unlimited, Inc., was employed by
Butler to provide to the Division of Coastal Management the information needed
for permit issuance.
Attached is the following: 1. The Application
2. Property Deed (Book 94, page 138)
3. Location Map (Hyde County BSP - portion)
4. Aerial Photograph of area
5. Sketch of proposed bridge
6. Sketch of Gull Rock bridge
7. Sketch of Gregory Poole bridge
8. Site pictures (labeled).
At the present time, no access is available to this tract. In the past, limited
access was available over the Gull Rock bridge, but these gates now stay locked.
An internal road system exists on the Butler/Coleman Tract that is serviced by a
canal -side road from the Gull Rock bridge.
Special note should be made of the Gull Rock and Gregory Poole bridge
sketches that accompany this application. These are provided for comparative
analysis purposes for the proposed bridge construction project. The proposed
bridge conforms with the engineering design of the bridges already in place.
Thank you for your consideration and courtesy in this matter. We wait your
response and stand ready to provide any additional information required.
Respectfully submitted:
TBIBERLANDS UNLUMTED, INC.
�Cl.,t11�
David L. Jennette
Timberlands Manager
Tfthone: ar6ce: [phone]
POOL [phone]
DaNd L Jenneme
PidOaM TlmbMMf Mw4w

Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be completed, for all projects.
1 APPLICANT
a. Name Butler Land & Timber Co.
P. 0. Box 390
City Columbia State NC
Zip 27925 Day phone [phone]
Landowner or Authorized agent
b. Project name (if any) Coleman Tract Bridge
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR #1164
b. City, town, community, or landmark
New Holland
c. County Hyde
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
IOutfall Canal/Pamlico Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Construct a bridge across the
Outfall to access a 1159 acre tract
of land on the east side.
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?
New work
c. Will the project be for community; private, or
commercial use?
d. Describe the planned use of the project.
To access the tract of land for
management purposes, logging and
protection.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1199 arrnc
b. Size of individual lot(s)
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
Hvde-Bavboro Assoc. - Loam
e. Vegetation on tract loblolly pine. Rood pine
Myrtle. bay and variety of vines
f. Man-made features now on tract 4.9 mi 1 a s of road
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
XRural _Other
h. How is the tract zoned by local government?
i. How are adjacent waters classified?
SC
j. Hasa professional archaeological survey been
carried out for the tract? no If so, by whom?
3/91

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
suucturesproposed 1 bridge
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed — Me %w •Et
small area at each end of bridge
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 submitted to the Division of Land
Resources? N/A
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.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
N/A
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
N/A
L Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). surfare run -of
m. Water supply source None
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floort N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,',T`��'
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
N/A
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A .
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
less than 5 whir yarns
3/91
b. Amount of material to be excavated from below
water level in cubic yards N/A
c. Type of material N/A .
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
No
e. High ground excavation, in cubic yards
less than 5 whir yarns
3/91

f. Dimensions of spoil disposal area
So' — ISesza tie. � a air z:G. w..d
g. Location of spoil disposal area -Aisne �.
r_,_ _
h. Do you claim title to the disposal area? rla �t 4
If not, attach a letter granting permission from the
owner. -
i. Will a disposal area be available for future
maintenance? 4W;+- S-�
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
zQ e
k. Will the fill material be placed below mean high
. water? N/A
1. Amour of fill in cubic yards N/A
m. Type of fill material N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? N/A
p. Dimensions of the wetland to be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
Yas — by silt fanra and rnrlr_
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Draggling o drive piling
s. Will wetlands be crossed in transporting equipment
to project site? -1jo- If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead orriprap 1� Rov. W:U be
reo c
b. Average distance watetward of mean high water or
normal waterlevel N/A
c. Shoreline erosion during preceding 12 months, in
feet urA
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water . N/A
f. Type of fill material N/A '
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 7J.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 18 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 mad (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 comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
3/91

Name Gull Rock Gamel_ands
Address N. Wildlifa RagmirrPQ Cnm
512 Salisbury St.. Raleigh 97604
Name Rich Rro hers
Address 146R Carnlinn Avanno
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources 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 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 application and follow-up monitoring of
project.
This is the a5..0. 19 't .
X alka• i
LandoWner or Authorized age
3/91

AERIAL PHOTOGRAPH
BUTLER IAHI) AND TIMBER CO.
COLEMAN TRACT
LAKE [ANDINO TONNS11111
HYDE COUNTY, NC
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LOCATIONI of PROP EERTY: _.. , .. -.N. C. DEPARTMENT OF TRANSPORTATION
County //✓ Access to Route No. S9 // 64 STREET AND DRIVEWAY ACCESS
Miles N S E W -PERMIT APPLICATION
Exact Distance 3•6' Feet ❑ PQ ❑ ❑
From the Intersection of Route No. SR 1165� - -and Route No. U3 2 to Toward 1NCAn ,EN d
PROPERTY WILL BE USED FORT O .Special Commercial ❑ Regular Commercial
PROPERTY; ❑ is
PROPERTY IS LOCATED IN:
PQ is not within
Rural ❑ Urban
AGREEMENT
Residential/Subdivision vl Other
Classification
City Zoning Area.
. I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-of-way at
the above location.
I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on Street and
Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of Transportation.
I agree that no signs or objects will be placed on or over the public right-of-way.
I agree that the driveway(s) or street(s) will be constructed as shown on the sketch on (the reverse side) (the attached plans).
I agree that driveway(s) orstreet(s) as used in this agreement include any approach tapers, storage lanes orspeed change lanes as
deemed necessary. .
I agree that if anyfuture improvements to the roadway become necessary, the portion of driveway(s) orstreet(s) located on public
right-of-way will be considered the property of the North Carolina Department of Transportation, and I will not be entitled to
reimbursement or have any claim for present expenditures for driveway or street construction. ;
I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time specified by the
"Policy on,Street and Driveway Access to North Carolina Highways".
I agree to pay an -installation -fee for pipe installed bythe Division of Highways or pay a $50 inspection fee for installation by others.
Make checks payable to NCDOT. The inspection fee will be reimbursed if application is denied.
I agree to'construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger the public
travel.
I agree to provide during construction proper signs, signal lights, (lagers and other warning devices for the protection of traffic in
conformance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" and Amendments or
Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer.
I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage
that may arise by reason of this construction.
I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to
such facilities, within the highway right-of-way limits, in carrying out its construction.
I agree to provide a Performance Bond in the amount specified by the Division of Highways for any construction proposed on the
State Highway system.
I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED.
Pipe Inspection INSTALLATION BY: I I NCOOT ( ) OTHERS
Entrance PipInstallationtfon S[ctory AMOUNT
Width(sl Size `engthCssYas/No) RECEIVED 'v L9 COS
Dollars S
1.
SIGNATURE (MILE)
2. _ _ S INSPECTION BY NCOOT
3. _ S
SIGNATURE
PROPERTY OWNER
NAME 3 ,.
SIGNATURE
ADDRESS • O -RIOT% 3Ei0 LtL"'IS_IK 2a rm
Phone No. 746-?a_
APPLICANT
NAME �w
SIGNATURE wr
ADDRESS a•x G%Q user tf�l,.c
WITNESS
NAME
SIGNATURE
ADDRESS `
WITNESS
NAME
SIGNATURE
ADDRESS v 6-
ZLq93 Phone No. ! -3Gft
DATE
DATE
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61-D3419

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MEMORANDUM
TO: Jim Mulligan
Deborah Sawyer
FROM: David MoyebM
DATE: 31 August 1994
SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit
Butler Land and Timber Company
Hyde County, North Carolina
Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was
received by me on 22 August 1994. I am considering this application complete, have
acknowledged receipt, and have begun processing.
If you have any questions do not hesitate to contact me.