149-77 Dowd, Arlene

EDERAL PERMIT IS REQUIRED
+NTACT U.'S. ARMY CORPS OF . State of North Carolina
� INEERS, P. 0. BO 1890 Department of Natural Resources and Community Development
MINGTON, N. C. 29401 PERMIT
TO EXCAVATE AND/OR FILL Permit No. 149-77
(Re: N.C. G.S. 113-229) Permit Class
Issued to: Ms. Arlene B. Dowd New
P. 0. Box 1445, Greenville, North Carolina 27834
This permit authorizes excavation and/or filling in Beaufort County, N.C.
at Pamlico River (Kilby Island) as requested in the perrnittee's
application dated 5/25/77; incl. attached plats, sheet 3 of 3 dated rec. 9/.7/77 subject to
and sheet 1 of 3, no date
the conditions set forth below.
(1) That the bulkhead must not exceed 5' from the normal water level
at any point along its alignment.
(2) That ail backfill material be obtained from a highland source
and confined behind the permitted bulkhead.
(3) That the fill area behind the bulkhead be provided with a ground
cover sufficient to restrain erosion within 30 days after place-
ment of the fill.
(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),
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 PRE-
CISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID-
ED IN G.S. 113-229 (K) AND (L).
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.
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 personnel
when the project is inspected.
Any maintenance work or project modification requires further Departmental approval. Subject to permit
renewal, all work must cease when the permit terminates.
This permit terminates on December 31, 1979
Issuing Date: October 5, 1977
Form D&F-g
Revised 7/77
Signed by the authority of the Secretary
G Z�
David A. Adams
Assistant Secretary for
Resource Management
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APPLICATION FOf PERMIT TO EXCAVATE AND/OR FILL t
State of Nqrth Caroline Department of the Army
t Department of Natural and Economic Resources Corps of Engineers, Wilmington District
• (Re: GS 113'229) (Re: River and Harbor Act of 1899)
Please type or print and fill in all blanks. If the information requested is not applicable, so
indicate by placing N/A in the blank.
h Applicant Infor�iation:
A. Name Vowd 4r]eno t
Lastst e
B. Address a ri Rd. Do d n ne
treee tom, ox or ou[ery[�
P. 0: Rox 1445, Gru011'_711_n474
'City or Town [ate Zip Code Phone
II. Location of Proposed Project:
A. County Ba.rnufort
mi
B. 1. City, town, community or landmark Y', 1 1"' E e 1r] n o • r J +,,, i, e,r
2. Is proposed work within city limits? Yes '•lo X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Pa.mi ico Ri,,7)er
Description of Operation:
A. I. Maintenance of existing project DN4 2. New work '•'i 7 " "' ' In fir 7 .. r h.
B. Purpose of excavation or fill
1. Access channel DNA length width depth
2. Boat basin DNA length width_ depth
3. Fill area length 54' _width 0 - to t dept f) i
4.Other DNA length width _depth
C. 1. Bulkhead dimensions Swon fin
2. Type of bulkhead construction (material) te-I 1 ;. "I.i.
D. Excavated material (total for project)
1. Cubic yards_ - DIVA 2..Type of material
E.Till material to be placed below MHW (see also VI. A)
1, Cubic yards-_ Nnna 2. Type of material
e
Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes _No _
B. Does the disposal area include any marshland? YesNo
C. DDispoosal area • . 'I. Location
NN `2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in - fionn.•1 . ron tr•, tnr4
E. HQvt-v/ill excavated material be entrapped or encased?---
F. Type of.equipment to be usA Tril•r' k.c to haul in r +, 1 I
G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) Ar')
.V. Describe Intended Use of Project Area:
A.1.Private To oranont, land ornc
2. Commercial DNA
3. Housing Development or Industrial
4. Other
nn
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D&F-Bl
Rev. 3/74

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B. 1. Lot size(s)_. ` _ t 15�
2: Elevation of lot(s) above mean high' water
3. Soil type or texture
4. Type of building facilities or structures !r"n n-i frql"o nn, n� 7 7 fnv,n d..t i, 'ln
S. Method of sewage disposal or treatment 'I't, tank,
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. I. 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
2. Type of discharge q
3. Location of discharge _ �, 4
VII. Present rate of shoreline erosion (if known): 1 n ` t :? 7,r i,n yno
Vlll. List permit numbers and Issue dates of previous Depa1'inent of Army Corps of Engineers or State parmits for
work In project area, If applicable: ''ALP,
IX. Length of time required for project activity: Qn dn;l7S
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application reply) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiminj to be the owner of said property,
then forward a copy of the d,ed 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 8Y2" X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent ri arian landowners by registered or
certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served-'
erved S— z-7j
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.
Ir - •�n 114 �.� ;7ri,•o, Po,-.41 Mount, NC ?7p01
I I;"..---- .rr] 016 vnrk. 9ni•7., .ronn.r,i,liv, N^ g7R'z14.
DATE L;•i:. ^c _ Ic.q �I ��___. �� �0.t �—
Applicant's Signature
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
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 J M

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77
FRED T. Xt1TTOX
GARY B. DAVIS
LAW OFFICES OF
MATTOX G DAVIS, P. A.
MATTOX BUILDING
315 WEST SECOND STREET
P.O. DRAWER 68G
GREENVILLE, NORTH CAROLINA 27834
1111110 PR ;•;:
1,94s
Colonel Adolph A.
Corps of Engineers
District Engineer
P. 0. Box 1890
Wilmington, North
Re; SAWCC--EE
April 14, 1978 / AREA CODE gill
Hight
Carolina 28402
Dear Colonel Hight: -7
I represent Mrs. Arlene (0. E., Jr.) Dowed of
Greenville, North Caro Mrs.
Her husband, Mr. Ed Dowd, has
shown to me your lette o April 11, 1978. Sometime in the
Summer of 1977, this of ice spoke telephonic with a representative
of your office on behalf of Mr. Dowd 'who was then experiencing
a serious erosion problem on his property located at Kilby
Island, Bayview, North Carolina. We were instructed to au^ly
for an Army Permit in order to erect a bulkhead and an extension
to certain existing jetties that had been storm damaged.
Mr. Dowd filed the appropriate application for the permit
and received the same on November 11. He immediately began
work by extending the jetty and marking the location of the
bulkhead by setting a corner post. At the time this was done,
Mr. Dowd did not exceed the alignment of five feet beyond the
mean highwater line. Your office was notified by mail that
construction had commenced and we assume, but do not
that an appropriate inspection was made.
Unfortunately, last Winter was quite severe and Mr.
Dowd who was basically doing the work himself on weekends was
unable to do any substantial work. The erosion has continued
as evidenced by the fact that several of Mr. Dowd's trees are
now standing with their roots in the water and erosion has
invaded the rear line of his jetties. Consequently, the corner
post now is further from the present shore line than it was
from the existing shore line in November. It is our position
that the measurement would be as of the time the permit was
used and construction commenced; otherwise, we will have to move
the jetty each time the shore line changes during construction.

Colonel Adolph A. Hight
April 14? 1978
Page 2
I would hope that your office would realize tliat
Mr. Dowd is a landowner who is only trying to protect his
river cottage. Now that the weather is finally improved so
that he can continue work, we would ask a quick resolution
Of the situation so that your cease and desist order can be
rescinded and he can complete this project as originally
scheduled,
Yours very truly,
MATTOX F
DAVIS,
P.
A.
BY; .Fred
T. Mattox
PTM:bwl
ccl Honorable George Anderson
U.S. Attorney, Eastern District
of N.C;, P. 0. Box 26897
Raleigh, N, C. 27611
Mr. Bob Robinson, Field Supervisor
U.S. Fish and Wildlife Service
310 New,.Bern Avenue
Raleigh, N. C. 27601
Mr. Randall Cheek'
National Marine Fisheries Service
NOAAt� P. 0. Box 570
Beauxort, N. C. 28516
Mr. E, T. Heinen, Chief
Ecological Review Branch
U.S.Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30308
Mr. D. Warren Lupton, Chief
N.C. Law Enforcement Section
P. 0. Box 769
Morehead City, N. C, 28557
Mr. Tom Fahnestock
N.C. Div. of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611

Colonel Adolph A. Hight
April 14, 1978
Page 3
Regional Director
U.S.-Fish and Wildlife Service
17'Bxecutive ,Park Drive, N.E'.
Atlanta, Georgia 20329
Regional Director
National Marilis Fisheries Service
NOAA, Duval Building
9450'Gandy Boulevard
St., Petersburg, Florida 33702
Mr.-R, D. Nelson
N.C, Div. of Maxine Fisheries
P. 0, Box 769
Morehead City, N, C. 28557•
Mr. Johii -Parker
N,C, Div, of Marine Fisheries
P, 0. Box 27687
Ralezgh, N. C, 27611
Mr. J. K. Sherron, Jr,
Real Property Section
N,C'. Department:o£ Administration
Raleigh, N. C. 27603
Mr. Gary Rucienski
Route. 5 P. Q. Box '310'
Washington, N, C, 27889
Honorable Walter B. ,Tones
130 House Office Building
Washington, D. C. 20515

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77

NERNorth Carolina Department of
Natural & Economic Resources
JAMES B. HUNT, JR., GOVERNOR HOWARD N. LEE, SECRETARY
June 28, 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:
B. Dowd
DIVISION OF
MARINE FISHERIES
BOX 27687, RALEIGH 27611
TELEPHONE [phone]
BOX 769, MOREHEAD CITY 28557
TELEPHONE [phone]
Pamlico River Beaufort
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
July 19, 1977
LB:sh
Sincerely((,
Lee Barham, Acting Deputy 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
(a) 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.
Recommended conditions: (1) That the bulkhead must not exceed 5' from the normal water
level at any point along its alignment; (2) That all backfill material be obtained from
a highland source and confined behind the permitted bulkhead.
❑ (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.)
!i. D. Nelson
Signed
9-G-77
Date

Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
Sept. 6, 1977
MEMORANDUM TO - John Parker
From Preston Pate
Subject App. for State permit - Arlene B. Dowd
Location - Beaufort County - Kilby Island
Investigative process - App. rec. Raleigh 6-24-77; Morehead 6-29-77. Ret. for re-
vision 7-6-77; revision rec. 8-30-77. On -site visit 8-10-77.
Environmental setting - The project site is located on the northern side of Pamlico
River on Kilby Island which is actually a peninsula between Pamlico River and Mixon
Creek. The island has been subdivided into residential lots fronting Pamlico River.
Several homes have been built in the area, and several permits for bulkheads have
been issued there in past years. Mrs. Dowd's shoreline is slightly irregular and
shows signs of a moderate rate of erosion. The grassed lawn of this residential
lot extends to the water's edge. Jetties extend into Pamlico River from each of the
applicant's property lines.
Project proposal - The applicant proposes to bulkhead 56' of her 80' shoreline and
backfill the confined area with broken concrete and topsoil. The bulkhead is to be
placed no farther than 5' beyond the normal water level.
Environmental impact - The project will have little effect on marine fishery re-
sources of the area.
Preston Pate

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P. 0. Box 1445
Greenvtlle, NO 27834
August 30, 1977
Mr. Prest6n P. Pate, Jr.
Environmental consultant
NO Department of Natural & Economic Resources
Division of Marine Fisheries
Box 769
Morehead Ctty, h 28557
Dear Mr. Pate:
Re: Bulkhead at Kilby Island
As per our telephone conversitton of August 26, I am
enclosing a Revision of Sheet # 3 showing the average
water level in relation to the bulkhead. I also
estimate that the amount of fill material to be placed
below the average level will be approximately ten
cubic yards and will consist of broken sinder b..tessics
blocks and top soil.
If you still find it necessary to inspect the site,
please sail me at 919-756-0374 or 758-0299 and I will
meet you at Ki1py Island.
Thank you for your help in this matter.
Yours very truly,
�V C95--cw_
Ed Dowd

DIVISION OF
North Carolina Department of MARINE FISHERIES
BOX 27687, RALEIGH 27611
Natural & Economic Resources TELEPHONE [phone]
CITY 28557
JAMES B. HUNT JR. GOVERNOR HOWARD N. LEE SECRETARY BOX 769, MOPHONE 197267021
, , , TELEPHONE 919726�7021
1
July 6, 1977
Mr. Ed Dowd, Agent fo fAr7leneB.yd
P. 0. Box 1445
Greenville, N. C. 27
Dear Mr. Dowd:
Our Raleigh office has forwarded to me for review and comment your application
for a State permit to bulkhead your property along Pamlico River at Kilby is-
land. In reviewing your application, there are several questions which need
to be answered before your request can be properly processed.
You are.asked to provide in Section III-E of the application the estimated num-
ber of cubic yards of fill material to be placed below mean high water (MHW).
This point is specifically what the State permit is for since the State has no
authority over the bulkhead itself. You have indicated that no fill material is
to be placed below MHW - a'fact that will eliminate the need for a Dtate per-
mit if it is true. If the bulkhead is to be built beyond the MHW mark, you need
to give an estimate of the amount of fill material needed, and you need also
to redraw the work plat to indicate the position of the bulkhead in relation
to the MHW mark.
I am enclosing an "example" plat which will give you an idea as to the,detail
which is needed on your plat.
We are placing your application in our pending file, and processing will be re-
sumed upon receipt of the requested information. If you have any questions, or
I may be of assistance to you, do not hesitate to contact me in our Moreiead City
office.
Cordially yours,
Preston P. Pate, Jr.
Environmental Consultant
PPP/t
encl.
CCR Raleigh office

APPLICATION F01 PERMIT TO EXCAVATE AND/OR FILL
State of North Caroline _ Department of the Army
Department of Natural and Economic Resources Corps of Engineers, Wilmington District
(Re: GS 113-229) (Re: River and Harbor Act of 1899)
Please 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 UDu:d Arlene �a�t
ast vs I e
B. Address s /n Ed Dnvvt rtger t f n G t' t�
Street, P. ox oriff oute
P. 0. Sox 1445, GrvenU,,71�
City or Town tale Zip Code Phone
11. Location of Proposed Project:
A. County Rp.gn for t.
B. 1. City, town, community or landmark y''- rat 1 > T,rnn o r ran o;r
2. Is proposed work within city limits? Yes No T
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Pnml ico Ri,>gr
III. Description of Operation:
A. I. Maintenance of existing project
DnTa
2. New work "> ' t - =
7 '• ^ �. o rn
B. Purpose of excavation or fill
1. Access channel DNA
length
width
depth
2. Boat basin DYA
length
width
depth
3. Fill area
length
56 r width `n ^n 1
depyyQ_ «� r
4.Other DNA
length
width
depth
C. 1. Bulkhead dimensions S4rgo
f � o f,
2. Type of bulkhead construction (material) T ,. t o"/7 r i
D. Excavated material (total for project) of dr a17uclter� /&A r• • 3
1. Cubic yards DPI,4 /dkf;l 2 Type of material
E.'Fill material to be placed below MHW (see a Vi. A) //
1. Cubic yards ?7ono /O 2. Type of material l' = c! ie'- %lk/ sc yoo to
IV. Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes _No
B. Does the disposal area include any marshland? Yes No <)' 4
C. Disposal area • 1. Location
DIVA 2, Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in
E. HQv Gill excavated material be entrapped or encased? _
%
F. Type of equipment to be usA Trrtnka to b.171,7 i,n +'s,t)
G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) djn
V. Describe Intended Use of Project Area:
A. 1. Private To 12rPnent 7-in;
2. Commercial DNA
3. Housing Development or Industrial
4. Other
D&F-Bl
Rev. 3174

B. 1. Lot size(s)_
2. Elevation of lot(s) above mean high' water - ° f 0 o
3. Soil type or texture__.___
4. Type of building facilitic, or structures r".1 �a f,g,o na, n ; 1 `n+Zn T7 f"In,
5. Method of sewage disposal or treatment 3-r 1 ;r f, nk
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 runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes —No
2. Type of discharge
3. Location of discharge
VI1. Present rate of shoreline erosion (if known): 10 1
Vill. List permit numbers and issue dates of previous Deportment of Army Corps of Engineer or State permits for
work in project area, If applicable: �•
IX. Length of time required for project activity: drrus
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application 9ply) or othw 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 u, ed 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 designa0d agent). "
B. Attach an accurate work plat drawn to scale on Vz" X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent ri arian landowners by registered or
certified mail or by publicaiion (G. S. 113-229 (g) (9) and (10)). Enter date served -5— z 7 -�.7
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.
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' I i.,,.:. Haw tg0 �1F ✓or1c Rn,0 ;roon.,;i.71o, 1P:7 77P.4I1
DATE K, I c ^7
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Applicant'z Signature
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
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
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