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HomeMy WebLinkAbout96-78 Dale, Roland^� r::an is NEQUIREO IA'T tl. .'r'.FMV5650S OF Rox Zoo MAGTAW X 606 I� State of North Carolimf� Department of Natural Resources and C'umny, PERMIT TO EXCAVATE AND/OR FELL (Re: N.C. G.S. 113-229) Mr. Roland Dale Isstr , to: — —.__— P. 0. Box 95, Engelhard, North Carolina 27824 'rhi: r rmit authorizes excavation and/or filling in R t 1 ak C 1 ff f Hyde %6 Nail" 96-78 County, N.C. at _ _..__ . a esn a ana (o o SR 1108) as requested in the permittee's 3/17/78; incl. attached plats, 3, dated rec. 3/20/78 appi _ation dated — -- __ subject to the, -nditions set forth below. 0) That no excavated or fill material be placed at any time in any marsh or waters of the state. (2) That in order to protect juvenile shrimp populations, no excavation or filling will be permitted between the dates of April 1 through September 30 of any year without the prior approval of the Division of Marine Fisheries. to -)TB! Since the spoil retention area consists of more than one acre, an erosion and sedimentation control plan will Lc required for this project. The plan shall include what measures and techniques (berms, seeding applications, etc.) will be utilized to control erosion where spoil material is to be placed. This plan must be filed at least 30 days prior to beginning any land disturbing activity. Submit this plan to the Department of Natural Resources and Community Development, Land Quality section, 1502 North Market — Street, Washington, N. C. 27689. ---_ IF' lit; ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE API ..CATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRE- CIS LY, THE PERMI7TEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID- ED N G.S. 113-229 (K) AND (L). Thi. I rmit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure to s 'omit such objection shall be interpreted as an agreement of compliance with all permit conditions. l hi- pectnit must be displayed along with a copy of the application and the project plat in the cab (or pilot- hou c ) of the equipment working on the project, or be easily accessible, on site, to Department personnel whc „he ) roject isinspected. And msinienance work or project modification requires further Departmental approval. Subject to permit rem .;,:1, a;l work must cease when the permit terminates. December 31, 1980 hi ;� rmi': terminates on Signed by the authority of the Secretary June 20, 1978 Issu tg Data: (...,,,,/ For i O&F-g Rev e(' '1; 77 David A. Adams Assistant Secretary for Resource Management V APPLICATION FOR PERMIT TO EXCAVATE AND/OR -FILL,,, State of North Carolina Department of the Ar yr 7 Department of Natural and Economic Resources Corps of Engineers, Wilmington tact (R;;: _GS 113.229) (Re: River and Harbor Act of 18 9) co rn Pleasc type or print and fill in all blanks. If the information requested is not applicable, so ;n.• indicate by placing N/A in the blank. Applicant Information, - A. Name -� S. Address P. 0. Box 95 � treei, P.O. B-ox�orr Route 11. Location of Proposed Project: A. CountyHvde B. 1. City, town, community or landmark Nebraska 2. Is proposed work within city limits? Yes No x t C. Creek, river, sound or bay upon which project is located or nearest named body of waterf-- Pamlico Sound 111. Description of Operation: AA. Maintenance of existing project 2. New work boat basin and pier B. Purpose of excavation or fill 1. Access channel length _width depth 2. Boat basin _length t155' width t125' depth +6 3. Fill area— length t900' width t250' depth tl' •1.Other. W/AEA' EXISCnvAA length I'loo' _width /o'.rrAx _depth -6 C, 1. Bulkhead dimensions N/A 2. Type of bulkhead construction (material) N/A D. Excavated material (total for project) 1. Cubic yards *-6040 2. Type of material sandy loam sand and Play E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards. N/A 2. Type of material IV. Land Type, Excavated Material, and Construction Equipment: A. Dons the area to be excavated include any marshland? Yes _No x B. Does the disposal area include any marshland? YesNo X C. Disposal area 1. Location disposal area is east of proposed boat ba=in _ 2. Do you claim title to disposal area? _ Yes D. Fill material source if fill is to be trucked in N/A E. How will excavated material be entrapped or encased? earthen dikes will be constructed to prevent spoil runoff into existing canal F. Type of equipment to be used dragline or dredge G. Will marshland be crossed in transporting equipment to project site? (If -yes, explain) no V. Describe Intended Use of Project Area: A. 1. Private 2. Commercial 3.HousingDevelopmentorIndustrial project will provide property owners with (1) acres to existing canal and Pamlico Sound and (2) bnar �, Other docking facilities 8.1. Lot size(s)_minftntm 1_9t10,0-00 square feet____ - 2. Elevation of loi(s) above mean high water 3. Soil type or texture_ sandy loam,_ sand and clay _ 4. Type of building facilities or structures recreation hotpe —� 5. Method of sewage disposal or treatment state approved lagoon..syseam ✓}. Peruining 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. 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 N/A \ ;I. Present rate of shoreline erosion (if known): unknown Y ;i. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: _— XK Length of time required for project activity: 12 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%," 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 riparian landowners by registered or certified mail or by publication (G. S. 113.229 (g) (9) and (10)). Enter date served 3-17- 2 y 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 L e -IAGof /- 8A 1 U,� z11 ,v r 4 T t9 R U r .S N t--- DATE 7—/ 7- %.Y Send one completed copy each to: Permit Section Division or Marine Fisheries Department of Natural & Economic Resources P. O. Box 27687 Raleigh, North Carolina 27611 Ph. 919-829-3767 Applicant's 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 R v. 3,74 Property of: A0. 2).0.7. Tyrrell Co. Sn nn — _ r Pmpcny of: , Rolgstd Da10 94 P. O. Box 95airfir Engelhard, NC MAR 2.ID 478 . f\oat Mattamuskeet Itas'\ Lake Il Spoil N Area Swan Quarter Project Location P a m l i c o N.C.S.H.C. S o H n J Approved Lagoon NOTES: ISite // gu 1. Minimum lot size - 10,000 sq. ft. �:e / r 2. All lots to be served by county water system. / 3. All lots to be served by project lagoon system approved by all necessary agencies. iH 4. Project area to be drained continuously by dra Agricultural Pump LocatioW n canals and pump. Drainage Canals / s� 5. ALL roads to be privately maintained. 0 h Planted Pines d P.QOPos[-'p CxcAvslY/ot/ (Future Property of: WAy* A. JAlepu Development) �]• i �,��� NAk.D, A/.0 - 2782Y o Prepared by: v John Staley F3 Development Specialist oEast Carolina University Regional Development Institute °c Greenville, NC 27834 / Marsh d a E . pygperi.i of .7' Existing Canal ,7' 5, 20' S \ \ \ .\ • \ \ \�.� S � I lo'+to� - 30'--}-20 20' 5 30•---}-zo • 2 \ W • • •\ A y -6' 24' U Cf? •._ \ +3.5 \• \ \ 20' Al \ •�• F A2 Boat \ \ Bas n 155' Dike Proposed Spoil Area 20' Agricultural Drainage Canal Property of: ..��. Roland Dale ���'�•� P. O. Box 95, Engelhard, NC 27824 +4' I Typical Boat Basin and Pier I Section l �-- 5'{— 20'30' -t 20'—}- 5'}-- 20'30 —}— 20 5 "A sting 1y I I I I \ Dike 2' :round Lime Above Ground Level +3j' \v 6\ ^renared by: s ' ohn Stay ,eealopmenl Speciaut ` asi Carolina University t.egional Development :.»titu•e i:re,,nville, NC 27834 All tides are wind tides. Tides vary 1Y MWL. NOT TO SCALE 3' ii PROPOSF,D PIERS FOR ROLAND DALE - 125' MWL Exist Grou Area to be Dredged Leve + 3' it Ar ea to �b, Dredged 11 i NOT TO SCALE Detail of Proposed Docking Facilities NOTES: 1. All tides we wind tides t MWL. o 2. All timber will be I io11101nwalt. 1AAR 2 01978 PM Yi "MR-E ffi[JERJE,� Detail of Stringers ting ad l 3.5' S. North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor June 19, 1978 M . Joe Swindell R)ute 1, Box 36-2A E-gelhard, N.C. 27824 D,ar Mr. Swindell: Secretary JUN '90 197g Secretary Howard Lee has asked that I respond to your- ee\T i, which you expressed concern over certain happenings invol m rshland in the White Plains area of Hyde County. As I interpret your letter, you are concerned over three basic i%sues, one of which appears to be a question of land ownership. T'e other two involve marshland alteration by fire or fill. As to the ownership question, you should understand that the Department, by policy of longstanding, does not become involved in ownership disputes of the type which you have described. Such matters must bo resolved by the parties involved in a civil action, if a mutually s;t.isfactory solution is not reached. In reviewing permit files on projects in the Rattlesnake Canal area and discussing the matter with other Department personnel I can find no evidence of excavation or fill work not covered by a pa,rmit. While the results of some of the work may not be pleasing tc the eye, there is apparently no violation of law. As to the fire of this past spring, Department records confirm a marsh fire set by parties unknown and surpressed by State Forestry personnel. The plowed fire line which you photographed was apparently dr,termined to be necessary by the forester and/or ranger on duty. Hcwever, we would not wish to see any unnecessary plowing because M ere exists the potential for lowering the watertable of a given wetland area, as you so aptly pointed out. Plowing or discing marshland except as is absolutely necessary for fire fighting is p:.ohibited by dredge and fill regulations unless, of course, a pr,rmit is issued. On behalf of the Secretary, I want to express our appreciation fir your sincere interest in this matter. I trust my explanation has enabled you to better understand the situation from a standpoint o Departmental responsibility. Should there be any questions or if you have other pertinent information on the matter, do not hesitate to contact this office. ry sincerely, n R. Frarker, Jr Pe its Coordinator J]tP ;i.r : sh c<: Secretary Howard Lee R. C. Winkworth Doug Nelson P.O. Box, 27687 Raleigh, North Carolina 27611 An Equal Opportunity A7lirmulioe Action Lrnployer A611h North Carolina Department of Natural IRW Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary April 3, 1978 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: Roland Applicant's Na Rattlesnake Canal Hyde County 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 JOHN: You apparently sent us your entire TI-te• It in reCurned zTerewith. NOTE: These permits were consolidatedincerely, for review purposes and should r be issued as one permit. Doug Nelson Lee Barham, Deputy Director Division of Marine Fisheries LB:sh (Please use reverse side for comments and signature.) P. O. Box 27687 Raleigh, North L.00lina 27611 An Gvue/ opporlunity AIlinnulwe Action Cmployer - 2 - Ef(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. (C) Agency findings relating to Item(s) A and/or B are hereby detailed. ❑ Detailed comments continued on attached sheet. n (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.) Signed Date 3" r Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 April 3, 1978 MEMORANDUM TO - John Parker From R. D. Nelson Subject App. for State permit - Roland W. Dale 3-17-78 Location - Hyde County, Rattlesnake Canal, off SR 1108, approximately 4 1/2 miles south of Engelhard. Investigative process - App. req. modification and transfer of Permit 170-76 (n/o Thad Selby) rec. Raleigh 2-28-78. Req. for additional information from Raleigh 3-7-78; re- ceived in Raleigh 3-20-78 together with new app. for additional work. Both apps. re- ceived Morehead 3-23-78. On -site investigation made 3-21-78. Request for modification of Permit 170-76, combined with new app. dated 3-17-78, app. and plats changed to re- flect consolidation of both requests. Environmental setting - The proposed project is located in an agricultural field adja- cent to the west side of Rattlesnake Canal off SR 1108. The specific site lies imme- diately adjacent to the canal in an area recently used for farming. In addition, the area incorporates a small pine plantation wood lot containing young pines and a hog pen lot. The elevation of the area averages about 3', with black organic soil being the principal type in evidence. Rattlesnake canal was recently maintained under State Permit 170-76, and a boat launching ramp was constructed adjacent to the proposed basin site under the same permit. Project description - The applicant proposes to excavate a boat basin measuring some 155' long by 125' wide to a depth of 6'. Approximately 6,000 cu.yds, of spoil material will be placed on the highland adjacent to the proposed canal to a depth of 1'. The canal will be widened a maximum of 10' for a length of 1400' down the west bank of the canal. Thus, the canal will be approximately 50' wide in the vicinity of the proposed boat basin. This will provide additional navigating room for boat traffic utilizing the canal, and provide spoil to raise the surrounding elevation of the property approxi- mately 1'. Widening of the canal was required by farmers draining through Rattlesnake Canal so that the proposed new excavation would not interfere with the recently main- tained canal. The basin and canal widening work is proposed prior to developing 34 lots as shown on the applicant's plat. Environmental impact - If the project is completed as proposed, impact on the existing canal should be minimal. It is expected that some short term turbidity will result from the excavation. The overall canal system should return to normal productivity in a relatively short period of time. CkMA REVIEW - Env. Impact- The overall effects of the project on the canal per se will be minimal. The waters of the Pamlico Sound lying in the vicinity of Rattlesnake Canal have a potential as a shellfish area. Development of the property adjacent to Rattle- snake Canal without proper safeguards may have an adverse effect on water quality. Ac- cording to the plat, approximately 34 lots are platted for development with an addi- tional area designated for future development. R. D. Nelson Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 April 3, 1978 Re: App. for State Permit Roland W. Dale FOR CAMA PERMIT - No objections with the following conditions 1. That the applicant agrees that no lot can be sold unless the purchaser has direct and immediate access to a central sewage disposal system approved by the Dept. of Natural Resources and Community Development, Division of Environmental Management.. 2. That if a central sewage disposal system, as called for in Condition No. 1, is not available, lot sizes will be limited to a minimum of one acre each unless the applicant can show that there will be no adverse environmental effect as a result of installation of septic tank. 3. That no excavated or fill material be placed at any time in any marsh or waters of the state. 4. That in order to protect juvenile shrimp populations, no excavation or fill- ing will be permitted between the dates of April 1 through September 30 of any year without the prior approval of the Div. of Marine Fisheries. FOR DREDGE & FILL PERMIT - No objections with the following condition: 1. That no excavated or fill material be placed at any time in any marsh or waters of the state. 2. That in order to protect juvenile shrimp populations, no excavation or fill- ing will be permitted between the dates of April 1 through September 30 of any year without the_prior approval of the Civ. of Marine Fisheries. R. D. Nelson Permit Section Division of Marine Fisheries Department of Natural Resources and Community Development P. 0. Box 27687 Raleigh, North Carolina 27611 Dear Sirs: / March 20, 1978 I:;:!r,' : U 1118 0' OIV, OE -MARINE fIS}fERI>S In accordance with guidelines regarding Department of the Army permits for boat basins and piers, I am enclosing the necessary data to process my application. The boat basin and piers will allow future property owners in the development access to the existing canal and Pamlico Sound as well as providing docking facilities. Sincerely, '0.:Vwp'� Roland Dale P. 0. Box 95 Englehard, North Carolina 27824 Phone (919) 925-4001 • r APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL State of North Carolina Department of the Army Y Department of Natural and Economic Resources Corps of Engineers, Wilmington District (Re: GS 113.229) (Re: River and Harbor Act of 18Q9) 1J Please type or pprint and fill in all blanks. If the information requested is not applicable, so indicate by plaang N/A in the blank. i I. Applicant Information: A. Name Dale asa us aud t — -- B. Address P. 0. Bo ----- trees, P-ox or Route An lehard 27824 92�4-�Ont _ rtv or own tact ip odt hfbi9� 11. Location of Proposed Project: �4 %:ZFj7X, A. County Hvde Nebraska B. 1. City, town, community or landmark 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 Kee; ct V Pamlico Sound Description of Operation: A. I. Maintenance of existing project 2. New work boat basin and pier B. Purpose of excavation or fill 1. Access channel length width depth ----- 2. Boat basin g len th +155' width ±125' depth ±6' 3. Fill area length ±900' width ±250' depth +1 1 d.Other k=v Ei9FVA69 CAVA� length f/Yo0' width /o'/ _depth C. 1. Bulkhead dimensions N/A -- 2. Type of bulkhead construction (material) N/A ----- D. Excavated material (total for project) 1. Cubic yards '6040— 2. Type of material sandy loag, s ^_Land rl av ___—_— E. F11 material to be placed below MHW (see also Vi. A) 1. Cubic yards N/A2. Type of material _•. __. __ IV. Land Type, Exuva.ed Material, and Construction Equipment: A- Dees the area to be excavated include any marshland? Yes _No x B. Does the disposal area include any marshland? YesNo x C. Disposal area 1. Location disposal area is east of proposed boat basin _.—_- 2. Do you claim title to disposal area? yes ---- - D. Fill material source if fill is to be trucked in N/A E. How will excavated material be entrapped or encased. earthen dikes will be constructed to prevent spoil runoff into existing canal F. Type of equipment to be used dragline or dredge —._— G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) no —_____ V. Describe Intended Use of Project Area: A. 1. Private ---- -_ 2. Commercial 3. Housing Development or Industrial Project will provide property owners with 4. Other to existing canal and Pamlico Sound and (2) ---- dockinu facilities • B. 1: t-ol sects --irdOrrum_l-Qt-1Q.D00 square feet------ ------------------- - • t- , O 2. Elevation of lot(s) above mean high water t4r 3. Soil type or texture —. sandy loam;_ sand and clay 4. Type of building facilities or structures recreation_ hotpp,- S. Method of sewage disposal or treatment state ayprov_ed lagoon- syBf pm 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. 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 N/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: IX. Length of time required for project activity: 12 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%" 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 must be served u06n adjacent riparian landowners by registered or certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served 3 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- N DATE ,-?—/ 7- Send one completed copy each to: Permit Section Divi.ion of Marine Fisheries Department of Natural & Economic Ifesourees P. O. Box 27687 Ra:cigh, North Carolina 27611 Ph. 919-829-3767 A. L — _2?_E-=� — Applicant's Signature District Engineer Department of the Army Wilmington District Corps of Enginrcrs P. O. Box 1890 Wilmington, North Carolina 25401 (Note: attach Corps cover letter) Ph.919.763-9971 Ext.565 DSr-B2 Rev. 3,74 .._Property of: Property of: Roland Dale P. O. Box 95 Engelhard, NC Approled Lagoon /Site Agricultural Drainage Canals Boat A Pump Location C 41 Pla- Icd Pines // 7 '< (Future Development) T,rrcll Co. I r \ t s �Iyde Co. I J 94 264 Swan Quarter N.C.S.H.C. Mattamuskcct Lake 0pnp uv 1108 N Project Location P a in l/ c o S o u n d NOTES: 1. Minimum lot size - 10,000 sq. ft. 2. All lots to be served by county water system. 3. All lots to be served by project lagoon:syslem approved by all necessary agcncics. 4. Project area to be drained continuously by drainjZ- canals and pump. 5. All roads to be privately maintained. SCAAk': /'�-- 3Oor Property of: RP c: Prepared by: - John Staley Development Specialist East Carolina Untie Sip' Regional Development Institute Greenville, NC 27, E34 ■E 7. 20' +3.5' er O AI 1�4• Existing Canal _7- o — \ ,\ \• \ 5 \ \. 2S 5 o•�-lo•+-- so•--� —zo� zo• \� 30•—}-_20• +3.5• \ �• za• • A2 ProposedBoat Basin 155' 1 DrYe Proposed Spoil Area / / 20' Agricultural Drain Property of: �e Canal RoLnd Dale P. O. Box 95, Encell;ud, NC 27524 .. f T%pi_O Boat ^Basin and Pierl Se;lion 1 r— 5'20'—r— 30'—t 20'—{— 5'I 20'--}--- 30205•J Existing Ground Line +3.5' Prepared by: s ' John Staley Development Speci2hst East Carcl:na L'r.ivetsity Regions' C..e;opment Institute Greenrille, NC 27634 6• +4• .5. Dile 2' Above Ground Level AO tides are wind tides. Tides vary 1.3 MWL. NOT TO SCALE I PROPOSED PIERS FOR ROLAND DALE — 125'— Area to be Dredged L --d —5- t 311 6' 1 Area to be Dredged it n it I I NOT TO SCALE 5- Existing Ground Level +33, Detail of Proposed Docking Facilities NOTES: 1. All tides we wind tides ± MWL. 2. AM timber will be treated, using galvanized hardware. Detail of Stringers 5, 1 OKI 1 \91% Mr. Roland Dale PO Box 95 Engelhard, NC 27324 Dear Mr. Dale: April 1978 On 19 April 1978, Mr. Steve brown of my staff, accompanied by representatives of the NC Division of Marine Fisheries, made an onsite inspection of your recently constructed bulkhead at the mouth of Rattlesnake Canal near Engelhard, Hyde County, North Carolina. Construction of a bulkhead within 1 to 2 feet of an eroding shoreline when no marsh or other wetland vegetation is present does not normally require a Department of the Army permit. Therefore, your bulkhead wort: would probably not have required prior authorization from this office. We are concerned, however, that material excavated during the previous maintenance of Rattlesnake Canal apparently has been spread in the area of your bulkhead and now appears to encroach into the adjacent wetlands. This work in a wetland area without prior authorization may constitute a violation of Section 404 of the Federal Water Pollution Control Act Amendments of 1972. If comparison aerial photographs of this area reveal significant expansion into wetlands you may be required to restore the area to its pre -project condition. Any further work under- taken in a wetland area without the necessary permits will result in referral of this matter to the US Attorney. If you have questions, please contact Mr. Brown at telephone (919) 763- 9971, extension 564 o4 565. Effective 8 flay 1978, the telephone number will be (919) 343-4632. Sincerely yours, CHARLES W. HOLLIS Chief, Regulatory Functions Branch CF: Mr. D. L. Parker Mr. Preston Pate Route 1, PO Box 98 NC Division of Marine Fisheries Engelhard, NC 27824 PO Box 769 Morehead City, 14C 28557 110 VP \y . FILE: VO: FN&'; D-1T-FC Fire Report Fairfield, N.C. ti April 5, 1970 v1ll G, 3 7i't7l=CTs Wildfirt Occurring on Property of Roland Dale Attached you will find a MPY of the fire: report and v map showing the location of a fire set on the property of Roland Gal ,Highway Patrolman, i,yde County. Coauity an jer i'.ack Caravtan respor to fire won receiving report of it and planed the line as shown an the nap. R. C. ` okworth, Director Jet-= A. `.faith, 'District Forestar Althoujh the fire report shows that 20 acres of ca-fn.rcial forevt land was turned, it is (#ouhtful that Luis ;ieainnation is correct. The area burneC is primarily marsh containing little or no timber. James A. tf� District Forester JA 189 ect Darryl ;.alden Doug Nelson, Morehjad Oity, N.C. a/ "JA &eJ i i A-e� 1'7a,--76 MEMORANDUM TO - From Subject John Parker Doug Nelson Req. for trans. & mod. #170-76 Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 March 15, 1978 1 CT.L.lby We have no objection to transfer and modification provided that all work be in conjunction with a valid navigation/water dependent project. De- lete Conditions 1-3. (Add the above as a condition). Doug Nelson