85-83 Dodge, Mark

P.ermit,Crass
Permit Number
New STATE OF NORTH CAROLINA
Department of Natural Resources and Community Development
and
Coastal Resources Commission
ermit
for
❑x Major Development in an Area of Environmental
Concern pursuant to NCGS 113A-118
❑x Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark Dodge, Route 1, Swan Quarter, NC 27885
authurizing development in Hyde County at Rose Bay Creek
as requested in the permittee's application dated 2/11/83 including
attached rev. plats, sheets 1 & 2 of 2, no date
This permit, issued on June 15, 1983 , 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 subject
pernittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Office of Coastal Management.
(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 plat.
(3) All spoil material must be adequately graded and provided a ground cover
sufficient to restrain accelerated erosion within 30 working days of placement.
NOTE: Prior to any work, the,permittee is strongly urged to contact a represent—
ative of the Office of Coastal Management and/or the Corps of Engineers to
flag the approved alignment. Contact the Office of Coastal Management
at 946-6481.
NOTE: Water Quality Certification No. 1648 has been issued by the Division of
Environmental Management for this project.
This permit action may be appealed by the pemtittee
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, 1986
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 DNRCD and
the Chairman of the Coastal Resources Commission.
Kenneth D. Stewart, Director
Office of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permiltee

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. 0. 80x 1890
WILMINGTON. NORTH CAROLINA 28402
IN REPLY REFER TO
Regulatory Branch
May 16, 1983
RECEIVED
SUBJECT: File No. SAWC083-N-048-0140 MAY i24 1983
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Dear Mr. Parker:
i
Reference the application �Mr. Mark Dodger a Department
of the Army permit to maintain and enlarge -final and excavate
two basin areas on Rose Bay Creek, near Rose Bay Community, Hyde
County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
We recommend that the following conditions be included in the
State authorization:
a. In order to protect juvenile shrimp and fin fish
populations, no excavation or filling will be permitted between
the dates of 1 April through 30 September of any year without the
prior approval of the N. C. Office of Coastal Management.
b. No excavated or fill materials will be placed at any time
in any waters or wetlands outside of the alignment of the fill
area indicated on the permit plans.
C. Prior to any work, the specific fill limits will be
flagged by a representative of the Corps of Engineers.
Questions or comments may be addressed to Mr. Steve Brown,
telephone [phone].
Sincerely,
G. Wayne Wright
Acting Chief, Regulatory Branch

Copies Furnished:
Mr. John Parker
Office of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. Preston Pate
Office of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 769
Morehead City, North Carolina 28557
Mr. David Gossett
Office of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
1502 North Market Street
Washington, North Carolina 27889
2z
Mr. Dave Rackley
U. S. Fish and Wildlife Service
310 New Bern Avenue
Raleigh, North Carolina 27601
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Post Office Box 570
Beaufort, North Carolina 28516
Mr. Brad Nicolajsen
Ecological Review Branch
U. S. Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, Georgia 30365

Au/ North Carolina
WResources &C
James B. Hunt, Jr., Governor
20 April 1983
MEMORANDUM
Department of Natural
To: Preston Pate
From: David L. Gossett
Subj: r Water Depths Verifications
ZMa�rk::B�odgProject
unty
Grimsley, Secretary
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
Telephone [phone]
Field Services
P.O. Box 1507
Washington, NC 27889
[phone]
Attached is the information that you requested on the Mark Dodge project. As
you can see by the water depths that were recorded by the N.C. Division of
Marine Fisheries personnel on 18 April 1983 that the numbers that were submitted
by Mr. Dodge are accurate except the number given at the end of the existing
railway. I wish another measurement had been taken further out the canal nearer
Rose Bay Creek, however this was not done.
P. 0. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

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OFFICE OF
Ak North Carolina Department of Natural COASTAL MANAGEMENT
Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919n33-2293
30 March 1983 FDECEIVED
APRj1983
3
Mr. Kenneth D. Stewart, Director
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Stewart:
The attached copy of an application submitted by:
Mark Dodge
Applicant's Name
On Rose Bay Creek
Location of Project
Hyde County
X 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) ...
... 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 it to me not later than
21 April 1983
W
JRP:bli:2480
S erely,
John R. rker Jr.
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed work.
•.(B) Dredge and/or Fill. 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) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
CONDITIONS ON SEPARATE SHEET
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
sign d
3-3v dq - —

Mark Dodge
Hyde County
CONDITIONS:
(1) In order to protect juvenile (A) shrimp (B) fin fish populations,
no excavation or filling will be permitted between April 1 and September
30 of any year without the prior approval of the Office of Coastal
Management.
(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 plat.
(3) 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.

OFFICE OF COASTAL MANAGEMENT
• FIELD INVESTIGATION REPORT
1. Applicant's name Mark_Dodge
2. Location of project site Hyde County - Rose Bay Community.- off of U.S. 264 on Rose
Bay Creek; no photo
3. Investigation type: Dredge &-Fill xx CAMA xx
4. Investigative procedure: (A) Dates of site visit 3/8/83
(B) Was applicant present Yes
5. Processing procedure: Application received 2/21/83; hold 2/28/83; rec'd Washington 3/17/83
6. Site description: (A) Local Land Use Plan Hyde County
Land classification from LUP Conservation
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline
Coastal wetlands xx Public trust waters
' Estuarine waters xx Other
(C) Water dependent: Yes xx No Other
(D) Intended use: Public Private Commercial xx
(E) Type of waste water treatment: Existing None
Planned None
(F) Type of structures: Existing Marine railway
Planned Extension of railway
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
Myrtles & Ivas + 500 sq.ft. t39,000 sq.ft.
Juncus roemerianus None + 300 sq.ft.
(B) Non -vegetated wetlands:
(C) Other:
Open water + 38,500 sq.ft.
High ground + 60,000 sq.ft. + 156,000 sq.ft.
(D) Total area disturbed:
8. Project summary The applicant is proposing to maintain and widen an existing access
canal, excavate two new boat basins, install a boat ramp, enlarge an existing railway
system and oven up an impounded marsh area to Rose Bay Creek When completed the
project will enhance an existing marine railway business.-

— 9-. Narrative description
The applicant owns an existing marine railway business on a three to five acre tract
of land in the Rose Bay Community. The business was originally established in the
1940's. -
Existing at the site are several mooring piers and one set of railways to which access
is provided by an existing 35 foot wide canal, which was originally excavated in the
late 1960's. The canal varies in depth from 4 feet to 5 feet at normal water. This
canal along with an older canal which was excavated in the 1940's are both connected
to Rose Bay Creek. The older canal is nearly completely filled with silt and is not
navigable.
Due to the configuration of the canals approximately 8 acres of both high ground and
wetland vegetation were impounded. All spoils were placed on the inside of the canals.
The only opening that has been seen through the spoil is a + 2 foot wide break within
the area labeled as Myrtles and Ivas on the attached plat. The southern portion of the
property is a dense Juncus roemerianus marsh which appears to be completely impounded.
The high ground portion of the property is vegetated by pines.
At this time the applicant feels that in order to stay in business he must expand the
facility to accumulate larger boats, thus the need for the present project.
Proposed at this time are the following:
(1) The widening of + 1100 feet of the existing 35 foot wide canal to 55 feet wide.
The canal will be widened on the north side by excavating a portion of the existing
spoil pile which remains from the previous excavation. The canal will be excavated
to a depth of 8.5 feet normal water which is the same depth of the existing canal as
it approaches Rose Bay Creek. The spoils from this excavation will be spread atop the
existing spoil piles, atop other impounded high ground, atop one small area of Juncus
roemerianus (+ 300 sq.ft.) and within the area labeled as Myrtles and Ivas on the
attached plat.
(2) The excavation of two boat basins. The first one will be 50' x 50' x 8.5' NWL.
This basin will be excavated within high ground and the spoils will be spread atop
existing high ground and within the Myrtle and Iva area. The second basin will be
50' x 70' x 8.5' NWL. The majority of this basin will be excavated within high ground
with a small portion being located within the Myrtle and Iva area. The spoils will
be spread atop the existing high ground and within the Myrtles and Ivas area. A boat
ramp will be installed within this basin.
(3) The extension of the existing railway by approximately 60 feet. This will enable
the applicant to pull larger boats. To conduct this activity a temporary earthen dike
must be placed within the existing canal so that the railway area can be pumped dry
for rail placement. Once the rails are placed the dike will be removed.
(4) Placement of additional fill atop an existing plug within the old canal to an ele-
vation of + 3'. This will be used for a road crossing to gain access to the proposed
basins.
(5) The removal of two + 12' wide pl�lgs_from the existing spoil banks by dragline to
allow intrusion of water into the presently impounded Juncus roemerianus marsh.

'10. Anticipated impacts
If the project is conducted as proposed + 60,000 sq.ft. of high ground areas vegetated
with pines and + 500 sq.ft. of an area vegetated with Myrtles and Ivas will be -
converted into open water; + 300 sq.ft. of Juncus roemerianus marsh will be filled due
to spoil placement from the canal maintenance; + 39,000 sq.ft. of a wetland area
vegetated by Myrtles and Ivas will be filled; and + 130,000 sq.ft. of dense Juncus
roemerianus marsh presently impounded will be opened to the Rose Bay Creek system,
which is classified as a primary nursery area by the N.C. Division of Marine Fisheries.
Some short term turbidity may exist during project activity.
Submitted by David L. Gossett Washington Office
30 March 1983

APPLICATION
FOR
t
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina . Department 44f the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Enelneers, Wilmington District
(GS 113-229, 143Q75.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I, Applicant Information
A. Name 06D*E
Last First Middle.
B. Address
Street, P. O. Box or Route
SuJA.VQ ufia2 c2iv, L:. 9.2 e.
City or Town State Zip Code Phone
It. Location of Proposed Project:
A. County A11/42E
B. 1. City, town, community or landmark /LOSE �,1ty/ CO/rliY1U.V /75�
2. Is proposed work within city limits? Yes_ 11 .. ✓
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project -IZGSE Blpy'
GIZ�E/C.
- 6Nt �O'X70�Se9 ug72E r/+O[•7z�Nl� f.32S!
III. Description of Project
A. 1. Maintenance of existing.projectlaAL 400 6NEd 2. New work' $a S4uA,2E .11404ZIN6 /3ifSIN�
B. Purpose of excavation or fill
1. Access channel length L� 0 —width SS r depth _ 9• 5 r
—r— " P fir_ r/�Pi
2. Boat basin lengt* SO • widths So depth &' S
/ Sroa an, Fr'
3. Fill area - length wit depth •.Z $
4. Other length width depth
C. 1. Bulkhead lengthAlj�A_ Average distance wajerward of MHW,(shoreline)
2. Type of bulkhead construction(material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material _ -SANS rr Uefft ot GLAY
E. Fill material to be placed below MHW (see also VI. A) d. .
1. Cubic yards NONE 2, Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Does the disposal area include any marshland, swamps or other wetland? Yes _4,'—' No
C.' Disposal Area
1. LocationAGENT H/bM Er%LnuN/� 7d .Gi4rV.QG
2, Do you claim title to disposal area? --SEE EO CE
D. Fill material source if fill is to be trucked in /1fr
E. How will excavated material be entrapped and erosion controlled? EA47;U5A! /.D//LE
F. Type of equipment to be used - DQ.4bLIA/.E r J3LlLL,OQ2.F1L
G. Will marshland be crossed in transporting equipment to project site? If yes, explain ND
D&F•et ., .
Rev. 10/78 -

V. Intended Use of Project Area (Describe)
A. 7,
2. Commercial AZaeJ AC46-C4 TD 242e4tJ4V J A VyADE iYr00/L/Nh SDAAE
3, Housing Development or Industrial
4. Other
B. 1. Lot size(s) .3"5 fIG2E6
2. Elevation of lot(s) above mean high water—S r --
3. Soil type and texture _',0NV1` '
4. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existing NAAIA Planned NOAA
B. Describe - - --
6. (Land Classification (circle one) DEVELOPED,(!TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality: 72W9& t4Xez-s/ a.YILE ��✓
.STAg4*Ne6 a414Wj
A. Does the proposed project involve the placement of fill materials below mean high water? Yes-k—'No _ leXTANS/eN
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following, project com etion? Yes —No
2. Type of discharge N' i4_ --
3. Location of discharge M
IA
VI I. Present rate of shoreline erosion (if known):
V II1. List permit numbers and issue dates of previous Department of Army of Engineers or State permits for
work in project area, if applicable: '474 /��2M [T 7F
IX. Length of time required to complete project,
X. In addition to the completed application form, 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 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.
B. Attach an accurate work plat drawn to scale on 8yv X I I" white paper (see instruction booklet for
details). Note: Original drawings prefeVed - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter clr d 2 • / 3
D. List. names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XI I. Any permit issued pursuant to, this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE ��l
plicant s Signature Ap
DaF-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78 -

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
IN REPLY REFER TO March 24, 1983
Regulatory Branch
SUBJECT: File No. SAWC083 N-048-0140
Mr. Mark Dodge
Route 1
Swanquarter, North Carolina 27885
Dear Mr. Dodge:
After extensive coordination between North Carolina and Federal
agencies, a general permit No. SAWC080-N-000-000291 (enclosed) was
issued on January 27, 1981, by Colonel Robert R. Hughes, District
Engineer, Wilmington District, U.S. Army Corps of Engineers, which
provides Federal authorization for those construction activities
that require and receive authorization from the State of North
Carolina in the form of a Coastal Area Management Act (CAMA) permit
for major development and/or a permit to excavate and/or fill and/or
a Water Quality Certification.
A review of your application received March 22, 1983, for a
Department of the Army permit to maintain and enlarge a canal and
excavate two basin areas on Rose Bay Creek near Rose Bay Community,
Hyde County, North Carolina, indicates that your proposal is a
candidate for Federal authorization under this general permit.
Accordingly, the processing of your application will be accomplished
by the North Carolina Office of Coasta anagement. In this
process, the North Carolina Division of Environmental Management
will review your proposal and a determination will be made as to the
need for a State Water Quality Certification. Comments from Federal
review agencies will be furnished to the State. If there are no
unresolved differences of State -Federal positions or policy, the
final action taken on your application by the State will satisfy the
terms of our general permit. The terms of the general permit will
not be satisfied if any of the following situations exist:
a. There is an unresolved objection from any Federal agency.

-2 -
b. A State Water Quality Certification has not been issued (if
required). Section 401 of the Clean Water Act .requires that prior
to the issuance of any Federal permit that may result in"a discharge
into waters or wetlands, the State agency responsible for water
pollution control (North Carolina Division of Environmental
Management) must certify that the discharge will not violate
applicable Water Quality Standards.
c. The proposed work would have a significant effect on the
quality of the human environment. The District Engineer will make
this determination prior to the conclusion of the State -process.
d. There is a significant and substantive unresolved objection
from any individual, group, or agency.
If your application is withdrawn from this general permit
process, you will be so notified and informed of its further
management in writing. When your application is successfully
processed to conclusion under this general permit, you will receive
written notice from the District Engineer. Only after receiving
such confirmation should you begin work.
Your application has been assigned application No.
SAWC083-N-048-0140 and will be coordinated by Mr. Steve Brown,
telephone [phone]. He is available to address questions or
comments you may have.
Enclosure
Sincerely,
G. Wayne Wright
Acting Chief, Regulatory,Branch

29C
Copies Furnished:
Office of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Water Quality Section
Division of Environmental
Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Office of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 769
Morehead City, North Carolina 28557
U.S. Fish and Wildlife Service
310 New Bern Avenue
Raleigh, North Carolina 27601
National Marine Fisheries Service
NOAA
Post Office Box 570
Beaufort, North Carolina 28516
U.S. Environmental Protection Agency
Ecological Review Branch
345 Courtland Street, Northeast
Atlanta, Georgia 30365
Mr. David Gossett
Office of Coastal Management
North Carolina Department of Natural
Resources and Community Development
1502 North Market Street
Washington, North Carolina 27889
Mr. Doug Gibbs
CAMA Officer
County of Hyde
Post Office Box 253
Swanquarter, North Carolina 27885