47-77 Clayton, Otis

State of North Carolina
Department of Natural and Economic Resources
Page 1 of 2
lull//h,,,,,000J,NNN�-tL���7LL-CCCCC���������
PERMIT
t
TO EXCAVATE AND/OR FILL
(Re: G. S. 113-229)
Issued to: P;r. Otis Clayton
Route 1, Belhaven, North Carolina 27810
This permit authorizes excavation and/or fill work in
Permit No. 47-77
Permit Class
New
County, N. C.
at Purgo River (near Bells Store) as requested in the permittee's
application dated _12/16/76 & attached plats, sheets 1&2 of 2, no date_ _ subject to
the conditions set forth below.
(1) That an earthen plug be left between the inland canal and the river.
(2)
That no excavated or fill material be
placed at
any time in any marsh
or waters of the state outside of the
alignment
of the fill area in—
dicated on the plat.(3)
That the bulkhead must be built at or
above the
NlnA' mark along itsentire
alignment.(4)
t
lnat banks of dikes are not to be steeper than a 2:1 slope and must
be stabilized with a vegetative cover
and/or other
materials such
as riprap.
(5) Brat vegetative covers utilized to control erosion must be established
within th3.rty days after parts of the project are progressively
completed.
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-
ncl when the project is inspected.
Tbat any maintenance work or project modification requires furfher Departmental approval. Subject to
permit renewal, all work must cease when permit terminates.
This permit terminates on Decetber 31, 1979
Issuing Date: March] ,11 , 7, 1,77 `--
Form DorF-g
Revised 3/ 76
Signed by the authority of the Secretary of the
Departmerlt
�of Natural & Econo is Re�s�ojurjces
iC , — L '
Edward G. Mc .o Director
Division of Marine Fisheries

Mr. Otis Clayton
T4.rch 31, 1977
1,.
ADDITIONAL CONDITIONS
Permit No. 47-77
Page. 2 of 2
(6) That the applicant provide adequate means of sewage disposal
for the development approved by either the Division of Environmental
Pianagement or the Hyde County Health Department, depending or. the
method of sewage disposal utilized and the volume of wastewater
to be treated.
NOTE: Some of the soil in this area may not be suitable for a septic
tank system. A permit from the local health department is
required.
Edward G. McCoy, Director
Division of Marine Fisheries

State of North Carolina Department of tit: r, :..;
Gip artment of Natura: and Economic Resources Corps of ^,r rs h4 ,Lgjon Lis c:
(Re: GS 113-229) (Re: Rive and.Harbo Ac o"tS9tS�
Please typo- or print and :ill in. ail blanks. If the information requested is not applicable,'sb 1.-0
indicate by placing N/A in the blank.
P, j . � i��iT
1. Applicant information:
A. Name -- CLA i :ON
Lase t +rst
i{ottte 1 R i- Fi;itL2( S
B. Address —_------_--- -
$ireet—P-b—box or you:c
_ Belhaven NC 27810 943-2573
city or Town State Zip Code Phone
Location of Proposed Project:
A. County i-� riP
B. 1. City, town, community or landmark L'^.Ils Stor::
2. Is proposed work within city limits? Yes No x
C. Creek, river, sound or bay upon which project is located or newest narned body of water to project
111. Descriptioa of Operation: Proposed excavation of two s1t:: tr••
A. L Maintenance of existing project 2. New work and construction of one pier
B. Purpose of excavation or fill 900' total
1. Access channel Two "Y" shaped length 450' total width 40' depth 6'
2. Boat basin length
900' total
3. Fill area length 4,ca toga width 30'-50' depth--'
4.Other Picr length 130+ width 6' _depth
C. 1. Bulkhead dimensions
2. Type of bulkhead construction (material) Treate.x vrood
D. Excavated material (total for project)
1. Cubic yards 11,555 2. Type of material San3y loam wid clay
E. Fill material to be placed below MHW (see also VI. Al
1. Cubic yards NSA 2. Tyne of material NSA
IV. Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated includa any marshland? Yes x No
B. Does the disposal area include any marshland? YesNo
C. Disposal area 1. Location Ad;ueent to proposed excavations
2. Do you claim title to disposal areM
D. Fill material source if fill is to be Lrucked in N/A
E. How will excavated material be entrapped or encased? ,r., _aher, dikes
F. Type of equipment to be used--Nd —
G. Will marshland be crossed in transporting equipment to project site? (If yes, exp;ain) Nn
V. Describe Intended Use of Project Area:
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4.Other Will provide recreafienal facilities for catm;ing
D \ F-BI
Rev. 3/74

2. Elevation of lot(s) above mean high waver ---__G'_T_:rvcra"U - ..
p
3. Soil type or texture Sandy -loan; anu c:8), ---- ---
4. Type of building facilities or structures R.ecrealional facilities - limited residential
(mobile homes and/or cottages, seasonal use)
5. Method of sewage disposal or treatment Septic tunes
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes —No X
B. 1. 4Iill any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area.following project completion? Yes —No x
2. Type of discharge N/.A
3. Location of discharge N/A
VI I. Present rate of shoreline erosion (if known): Unknown
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: _ 1\'/A
IX. Length of time required for proiect activity: 18 - 24 months
X. In addition to the completed application foam, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land. (Note: Federal law requires the
applicant to be the owner or his designated agent).
B. Attach an accurate work plat drawn to scale on SY2" X I I" white paper (see instruction booklet for
details).- Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat crust be served upon adjacent riparian landowners by registered or
certified mail orb publication V. S. 113-229 a
y p (" (oj (9) and (10)). Enter date. served
Such owners have 30 days in which to submit comments to agencies listed below.
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.
DATE 7_%
Send one completed copy each to:
Permit Section _
Division of Marine Fisheries
Department of Natural & Economic Resources
P. O. Box 27687
Raleigh, North Carolina 27611
Ph. 919-829-3767
is Signature
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28401
(Note: attach Corps cover letter)
Ph.919-763-9971 Ext.565
D&F-B2
Rev. 3/74

�200' to road
Prpycd fo::
Otis Clayton
Route 1
Draimge ditch elhaven, NC 27810
(500'xS'x4')
from road �:ty
Spoil Area
46'
d� i
&\ i Note: 1. All soundings and ground elevations are estimates.
\�\ Proposed Dminagr / 2. All tides we wind tides.
3. All spoil areas to be encased by earthen d&'es.
dU \ /\ i 4. All proposed excavations to be b' deep (below \AYL).
5. Approximately 11,555 cubic yards of fill material to be graded on spoil
✓ / / goo areas to conform to existing ground elevations.
6. Drainage ditch from road to be 4' deep.
7. Pier to be 130'x6' and located on western side of existing marsh island.
S. Proposed 1' high bulkhead to be above MWL.
ILI
4r
i 6' 3�
k
Qti
W 1' t 5'
f/�
y
��I
X, Yl
i
-'
)�?d?zzr'! o,.
WrvezNR6asa Cog?
Re, jee, 134 r
_ 6,
NEW
f
Shea 1 of 2
Y
—6'
P U N G O
Spell
Proposed
}4, /
Prepared by:
Rill Po.veli
Development Specialist
ECU Regional Development to
Greenville, N\11H
2
:
ri5
,9JF.
fl,
o\\l
+3.5'
Proposed 43.5'
11 INISY.?zr�/
t 130' Existing .harsh Island
I1 —3'
L� �zSI R2
Proposed I'ier
:6' (6'x130')
—3'
RI V E R SCALE: 1" = 200'

TYP?CAL CROSS-SECT!ON OF PR S v D:-ZDGIN'G (Ai - A2) z
—� Earthen Dikes
6' 'S P ji j
' f —
E X I S T I N G
M A R S II
G R A S S
MIVL
\/ Existing 6' Bottom
///
AREA TO BE DREDGED
TYPICAL CROSS-SECTION OF PRO OSEID PIER
Gtio
Not to scale
r BI
132
k
7� Note:
Pier not to hampez or
{
disturb marsh grass
Existing \Marsh Island
dQ
0
Decking
{k[
cam_
/J
S
uu
fi
4
t
Mll2
i
6'
I
[,.Treated
Timber Piling
tiF
.
-
Extstm�
'Bottom
I • . _ -
Not to scale
_
N
VICINITY MAP
r3Oo
Ponzer
_
X (church)-
T
PROJECT
SITE
G
To 4oVr��es�
v
v
N
Sheet 2 of 2 P U N G O
ECURD7

North Carolina Department of
Natural & Economic Resources
JX1 LIZXrX, GOVERNOR
JAMES B. HUNT, JR.
HOWARD N. LEE
DIVISION OF
MARINE FISHERIES
EDWARD G. McCOV
DIRECTOR
BOX 27687, RALEIGH 27611
SECRETARY TELEPHONE [phone]
January 21, 1977
Date
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:
Otis
Applicant's Name
Fungo River Hyde
Location of Project County
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 on the reverse side of this form your viewpoint on the
proposed work and return to the Division of Marine Fisheries not later than
February 11,1977
LLT:dah
Sincerely,
or
L. Leo Tilley, AssistzDirector
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.
a(C) Agency findings relating to Item(s) A and/or Bare hereby detailed.
❑ Detailed comments continued on attached sheet.
No objections with the following conditions: (1) That no excavated or fill material be
placed at any time in any marsh or waters of the state outside of the alignment of the
fill area indicated on the plat; (2) That the bulkhead must be built at or -above the
NHW mark along its entire alignment.
❑ (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
2-2-77
Date

Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
February 2, 1977
MEMORANDUM TO - John Parker
From R. D. Nelson
Subject App. for State permit - Otis Clayton 12-16-76
Location - Hyde County at end of a private dirt road off SR 1158. SR 1158 turns off
US 264 about one mile east of intersection of SR 1300 and 264.
Investigative process - Site investigated 10-21-76. App. rec. Raleigh 1-19-77 and .
Morehead 1-21-77.
Environmental setting - The overall project site consists of some 90 acres lying gen-
erally south of US 264 and fronting on the Pungo River. The site is characterized by
a high rolling hill vegetated primarily with virgin hardwoods and a few pines. Ad-
jacent to the river, all but the easternmost portion of the site is vegetated with a
border of black needlerush (Juncus roemerianus) which varies from a few feet in width
to some 200'. Adjacent to the western property line, an existing drainage ditch fol-
lows the general drainage contour of the area into the interior portion of the site.
This existing drainage ditch is vegetated on its west side by black needlerush marsh.
The other side (east side) is bordered largely by a hill rising to some 8' eleva-
tion. The vegetation on the upper end of this existing drainage way consists primarily
of small hardwoods, wax myrtle, briars and weedy plants.
On the eastern side of the ro ert s
p p y, another low lying area vegetated primarily with
small hardwoods, wax myrtle, and weedy plants. This area is located at the head of a
natural bay with no existing marsh border. This absence of a marsh border has ap-
parently made the area susceptible to moderate erosion.
Project description - The applicant proposes to construct two "Y" shaped access chan-
nels. The longer of the two, located on the west side of the property, totals 900'
in length with a width of 40' and a depth of 6'. A drainage ditch will enter the
easternmost prong of the "Y". The other access channel, located near the eastern
side of the property, will total 450' in length and be constructed at a width of be-
tween 30-50' with a 5' depth. Both sites will be used to accommodate recreational
boating traffic. Spoil, which totals approximately 11,000 cu.yds. will be placed on
high land adjacent to the excavation. In addition, the applicant proposes to con-
struct a low bulkhead above the MHW line and a service pier.
Environmental impact - If the project is constructed as proposed, a minimal amount of
marsh will be excavated. No marsh will be filled. Some turbidity will result during
construction. The low lying areas which are to be excavated are small and appear to be
marginal wildlife habitat.
Doug Nelson

A
State of North Carolina Depart. ent of tiw . ;...y
Department of Natural and Economic Resources Corps of Eng:ncers l i�L isiriG
(Re: GS 113.229) (Re: River an III a�or-Act 8'.
Nease typo or print and fill in all blanks. If the information requested is not applicable, �Zj"
indicate by placing N/A in the blank.
q ion
I. Applicant Information:
A. Name CLAYTON Otis
ast test M i e MARINE
FtaH_RIES
B. Address Route 1 Street, Box or Route
Belhaven
NC
27810 943 2573
ity or Town
state
Zip Code Pnone
11. Location of ProposedlPro ject:
A. County+ + ��
B. 1. City, town, community or landmark
Bells Store
2. Is proposed work within city limits?
Yes No x
C. Creek, river, sound or bay upon which
project is located or nearest named body of water to project
III. Description of Operation:
Proposed excavation of two "Y" shape" .
A. I. Maintenance of existing project -
2. New work
and construction of one pier _
B. Purpose of excavation or fill
900' total
1. Access channel Two " Y" d%ped
length 450' total
width 40' .depth 6'
2. Boat basin
length
width depth
3. Fill area
900,
length 4.= total
width 30'.50' depth 5' avetaze
4.Other Pier
length 13e
width 6' depth —
C. 1. Bulkhead dimensions
2. Type of bulkhead construction (material) Treated wood
D. Excavated material (total for project)
1. Cubic yards_ 11,555 2. Type of material Sandy loam and clay
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards N/A 2. Type of material N/A
IV. Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes x No _
B. Does the disposal area include any marshland? Yes No X
C. Disposal area 1. Location Adjacent to proposed excavations
2. Do you claim title to disposal ar eaSf es
D. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped or encased? Earthen dikes
F. Type of equipment to be used Dredge- bulldozer
G. WEI marshland be crossed in transporting equipment to project site? (If yes, explain) No
V. Describe !;:ended Use of Project Area:
A. 1. Private
2. Comrnerc;al
3. Hous:. g Development or Industrial
4. OtherWill provide recreational facilities for cam->in•�

2. LlevaIion of lot(%) above mean h;gh water_._---
3. Soil type or texture Sandy..loam and clay
4. Type of building facilities or structures Recreational facilities - limited residential
_mobile homes and/or cottages, seasonal use)
S. Method of sewage disposal or treatment Septic tams —
Vl. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes_Noa_
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_ No x
2. Type of discharge N/A '
3. Location of discharge IN/A
VII. Present rate of shoreline erosion (if known): Unknown
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required for project activity: 18 • 24 months
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land. (Note: Federal law requires the
applicant to be the owner or his designated agent).
B. Attach an accurate work plat drawn to scale on 8'/a" X li" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
t7 vi
�a; I C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
x certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served
Such owners have 30 days in which to submit comments to agencies listed below.
Q�06>
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract
DATE
Send one completed copy each to:
Signature
Permit Section District Engineer
Division of Marine Fisheries Department of the Army
Department of Natural & Economic kesources Wilmington District Corps of Engineers
P. O. Box 27687 P. O. Box 1890
Raleigh, North Carolina 27611 Wilmington, North Carolina 28401
Ph. 919-829-3767 (.Note: attach Corps cover letter)
Ph.919-763.9971 Ext.56S
D:: `-132
Re.% 3!74

200' to road
Prepared for:
Otis Clayton
Route 1
Drainage ditch cltaven. NC 27810
(500'x8'x4')
from road
�yh
Spoil Arca/-� �
+6'
kaO;r^T
Note: 1. All soundings and ground elevations are estimates.
\ �\ Proposed Dram 2. AB tides are wind tides.
\ / 3. All sport areas to be encased by earthen dykes.
4. All proposed excavations to be 6' deep (below MIVL).
5. Approximately 11,555 cubic yards of fill material to be graded on spoil
„row areas to conform to existing ground elevations.
6. Drainage ditch from road to be 4' deep.
7. Pier to be 130'x6' and located on western side of existing marsh island.
IQE I 8. Proposed 1' high bulkhead to be above MNL.
I A 4-6-
le
6' v
1'
5•
�
r
AIWC
LiJ
Rv4ery cv,.•
WE✓EYNAEu3cZ CORD
Nf� �.J J.G,�gSGd
Spoil
il Area
600'+
1 4-8'
4 6•
Marsh
4-1 k'
�•' V� AIWL
Spoil
+4'
Prepared by:
Bill Powell
Development Specialist
ECU Regional Uaveiupuxnt [,.
Greenville. NC 27834
PP4Pe,e7 y dr :
d..519T/C.Q(/� IiC
Sn /iRR4WV Ak)r�.
A o.et:61-K JA.
°u
l5
N °
0
°v
+3 5'
Proposed 43.5'
l t0' Existing marsh Island
1 _3.
tltt- nz
l) Proposed Pier
(6'x 130')
—3'
—6'
Sheet I of 2 P U N C O RI V E R SCALE: I•' = 200'

TYPICAL CROSS-SECTION OF i$OP S. i DREDGING (Al - A2)
Dikes
Al �� A2 7
/ srolr,�a
6• S P O,I L / ��6GSo"c 6•
i
DiCrL L
EXI STING �j Existing 6' Bottom
i
MARSH AREA TO BE D EDGED
G R A S S
Not to scale
TYPICAL CROSS-SECTION OF PROPOSED PIER
BI
Note: Pier not to hamper or
distarb mush grass
Existing Mush Island
Treated �
6. I Timber Piling- ..
Existin° Bottom
• Not to scale
N
VICINITY MAP
sp
00
Ponzer --
r X (church) T
I ,.cd nV1 s .,—PROJECT SITE
So $eyv�vci`
C
V
N
B2
S'ieet 2 oF 2 P U N G 0 r/ (F
ECURDI